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Articles 1 - 30 of 159
Full-Text Articles in Law
Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold
Ebay At Six Months: Four-Factor Confusion, Jim Sherwood
How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines
How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines
iBlawg
No abstract provided.
A Fair Use Response To Students' Intellectual Property Rights, Jared Slade
A Fair Use Response To Students' Intellectual Property Rights, Jared Slade
iBlawg
No abstract provided.
The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold
The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold
iBlawg
No abstract provided.
Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder
Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder
iBlawg
No abstract provided.
Eliding In New York, Monte Neil Stewart
Eliding In New York, Monte Neil Stewart
Duke Journal of Constitutional Law & Public Policy Sidebar
In January 2006, this Journal published an article that set forth the social institutional argument for man/woman marriage, demonstrated how that argument is a sufficient response to all constitutional attacks leveled at the laws sustaining that social institution, and detailed how the courts mandating genderless marriage (and the dissenting judges favoring that result) had elided the argument (“the Judicial Elision article”). Since the Judicial Elision article’s early December 2005 cut-off date, two more instances of judicial elision of social institutional realities have cropped up in New York. Both are dissenting opinions, one in the Appellate Division and one in the …
The Year In Review 2005: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, And The United States Court Of Appeals For The Ninth Circuit
Alaska Law Review Year in Review
No abstract provided.
Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton
Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton
Duke Journal of Constitutional Law & Public Policy Sidebar
In diversity cases, only one plaintiff or class member must satisfy the amount in controversy requirement.
A Writer Speaks Truth, Jay Dratler Jr.
Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor
Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor
iBlawg
No abstract provided.
Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay
Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay
Duke Journal of Constitutional Law & Public Policy Sidebar
When Jackson, Mississippi revised its salary structure for police and public safety officers, it gave proportionately higher increases to officers with less than five years of seniority, who were overwhelmingly under forty years old. Thirty officers over the age of forty sued the city for age discrimination, alleging disparate impact. In a plurality opinion, the Court held that the Age Discrimination in Employment Act authorized claims of disparate impact. When it accepted the employer’s justification for the raise and dismissed the plaintiffs’ claim, however, the Court signaled that in the future, the scope of disparate impact claims would be narrow.
Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin
Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin
Duke Journal of Constitutional Law & Public Policy Sidebar
Merck sought protection under a statutory exemption from claims of patent infringement brought by Integra Lifesciences. The Court held unanimously that the safe harbor contained in 35 U.S.C. § 271(e)(1) protected the use of patented inventions used in preclinical research where the results were not submitted to the FDA. The Court's interpretation of the safe harbor provision broadened protection for those engaged in drug research at a substantial cost to patent-holders.
Mayle V. Felix, Aleksandra Kopec
Mayle V. Felix, Aleksandra Kopec
Duke Journal of Constitutional Law & Public Policy Sidebar
Following his murder conviction, Felix filed a pro se habeas petition alleging Sixth Amendment violations at trial The petition was filed within the one-year Antiterrorism and Effective Death Penalty Act deadline. He was later appointed counsel, who filed an amended petition alleging Fifth Amendment violations; but that petition was filed five months after the AEDPA deadline had passed. The Court held that the amended petition was not saved by the Relation Back doctrine because it did not share with the earlier claims a common "core of operative facts."
The Google Library Project: When East Doesn't Meet West, Richard Epstein
The Google Library Project: When East Doesn't Meet West, Richard Epstein
iBlawg
No abstract provided.
Justin Hughe's Predictions For 2006: Part One, Justin Hughes
Justin Hughe's Predictions For 2006: Part One, Justin Hughes
iBlawg
No abstract provided.
James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle
James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle
iBlawg
No abstract provided.
Welcome To The Iblawg, Dltr Editorial Staff
Inside The Corporate Veil: The Character And Consequences Of Executives’ Duties, Deborah A. Demott
Inside The Corporate Veil: The Character And Consequences Of Executives’ Duties, Deborah A. Demott
Faculty Scholarship
This paper is based on a keynote address to the 2006 annual workshop of the Australian Corporate Law Teachers' Association on "The Pathology of Corporate Law." The paper's thesis is that fuller understanding of many corporate malfunctions requires examination of organizational structures and patterns of interaction below the level of the board within a corporation's hierarchy. The paper argues that there is merit to mandating duties of skill and care at the executive level, drawing on examples of executive conduct in recent corporate fiascos. The paper also explores the application of the business judgment rule to officers. As conventionally formulated, …
Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Faculty Scholarship
This Article uses an interdisciplinary approach to explain why the International Labor Organization (ILO) has been given surprisingly short shrift in recent debates over the role of IOs in addressing the many transborder collective action problems that globalization has fostered. I review the ILO's past and its present with two broad objectives in mind. First, I seek to correct a misperception among international lawyers and legal scholars that the ILO is a weak and ineffective institution. The organization's effectiveness in creating and monitoring international labor standards has fluctuated widely during its nearly ninety-year existence. Over the last decade, however, the …
Incomplete Contracts In A Complete Contract World, Kimberly D. Krawiec, Scott Baker
Incomplete Contracts In A Complete Contract World, Kimberly D. Krawiec, Scott Baker
Faculty Scholarship
This paper considers the role that contract doctrine should play in facilitating optimal investment in contractual relationships. All contracts are incomplete in the sense that they do not specify the optimal actions for the buyer and seller in every future contingency. This incompleteness can lead to both under and over-investment in resources specifically targeted to the needs of the other contracting party. To solve these investment problems, economists and legal scholars have looked to complicated contractual solutions and the ownership of assets. This Article offers another solution: contract doctrine. Specifically, we propose a contractual default rule applicable to all contract …
From St. Ives To Cyberspace: The Modern Distortion Of The Medieval ‘Law Merchant’, Stephen E. Sachs
From St. Ives To Cyberspace: The Modern Distortion Of The Medieval ‘Law Merchant’, Stephen E. Sachs
Faculty Scholarship
Modern advocates of corporate self-regulation have drawn unlikely inspiration from the Middle Ages. On the traditional view of history, medieval merchants who wandered from fair to fair were not governed by domestic laws, but by their own lex mercatoria, or "law merchant. " This law, which uniformly regulated commerce across Europe, was supposedly produced by an autonomous merchant class, interpreted in private courts, and enforced through private sanctions rather than state coercion. Contemporary writers have treated global corporations as descendants of these itinerant traders, urging them to replace conflicting national laws with a transnational law of their own creation. The …
The Executive And The Avoidance Canon, H. Jefferson Powell
The Executive And The Avoidance Canon, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Courts, Congress, And Public Policy, Part I: The Fda, The Courts, And The Regulation Of Tobacco, Jeffrey R. Lax, Mathew D. Mccubbins
Courts, Congress, And Public Policy, Part I: The Fda, The Courts, And The Regulation Of Tobacco, Jeffrey R. Lax, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
A Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
A Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Private Business As Public Good: Hotel Development And Kelo, Joseph Blocher
Private Business As Public Good: Hotel Development And Kelo, Joseph Blocher
Faculty Scholarship
In the summer of 2004, New Haven Mayor John DeStefano, Jr. announced plans to demolish the all-but-derelict New Haven Coliseum and replace it with a publicly financed redevelopment that would include a 300-room hotel. Critics of the plan immediately objected that the hotel-even if it were completed-was a poor public investment, that there was no demand for such a hotel, and that the money could be better spent elsewhere. Some critics pointed to New Haven's own checkered history of major development projects, especially the failed downtown mall and the famously catastrophic Oak Street redevelopment. As of February 2006, the city …
Tahoe’S Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler
Tahoe’S Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler
Faculty Scholarship
In this article, I argue that from 1992 (when the Lucas case was decided) and for almost ten years thereafter, what I call the "Scalian view" of property and justice dominated Supreme Court jurisprudence. Under this vision, property provides a concrete, objectively knowable, and immutable legal barrier which marks the line between protected individual interests and the exercise of collective power. If government transgresses this line, the individual is almost always deemed to have been wronged. And compensation is required, as a matter of "justice," under the Takings Clause. I argue that with the Court's decisions in Palazzolo and Tahoe …
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
Faculty Scholarship
This article first sets out the child welfare system's assumption that there is a child welfare exception to the Fourth Amendment and then describes the ways it is used to facilitate child maltreatment investigations. It goes on to analyze the validity of this assumption according to current Fourth Amendment doctrine including under the special needs administrative exception. (This analysis may be particularly useful to both family/children's law scholars as well as to Fourth Amendment scholars, as it examines all of the state and federal appellate cases addressing the subject, and provides a most up-to-date evaluation of the Supreme Court's special …
How Strongly Should We Protect And Enforce International Law?, University Of Chicago Law School Workshop, March 2006, Joost H. B. Pauwelyn
How Strongly Should We Protect And Enforce International Law?, University Of Chicago Law School Workshop, March 2006, Joost H. B. Pauwelyn
Faculty Scholarship
Observers of international law are obsessed with trying to explain and predict why and when states comply with international law. Doing so, they have consistently overlooked a logically preceding, but no less important, question: To what extent should states perform their international commitments? Put differently, how strongly should we protect and enforce international law? Worrying as much about over-enforcement of international law as under-enforcement of international law, this article offers a theory of relative normativity. This theory is driven by efficiency, effectiveness and legitimacy concerns rather than a hierarchy of values. It makes distinctions between how international law allocates entitlements, …