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Articles 1 - 5 of 5
Full-Text Articles in Law
Servotronics, Inc. V. Rolls-Royce Plc And The Boeing Company: Brief Of Professor Yanbai Andrea Wang As Amicus Curiae In Support Of Neither Party, Yanbai Andrea Wang, Michael H. Mcginley
Servotronics, Inc. V. Rolls-Royce Plc And The Boeing Company: Brief Of Professor Yanbai Andrea Wang As Amicus Curiae In Support Of Neither Party, Yanbai Andrea Wang, Michael H. Mcginley
All Faculty Scholarship
Rather than expressing a view on the issues raised and ably briefed by the parties, amicus submits this brief to inform the Court of the scholarly research she has conducted regarding Section 1782 proceedings since this Court’s seminal decision in Intel. As Section 1782 applications have proliferated, the lower courts have struggled to apply the Intel factors as this Court had envisioned. Especially in the context of Section 1782 applications submitted by parties to an international proceeding (as opposed to those made by the international tribunal itself), lower courts have frequently found themselves unable to analyze and apply the …
Before And After Hinckley: Legal Insanity In The United States, Stephen J. Morse
Before And After Hinckley: Legal Insanity In The United States, Stephen J. Morse
All Faculty Scholarship
This chapter first considers the direction of the affirmative defense of legal insanity in the United States before John Hinckley was acquitted by reason of insanity in 1982 for attempting to assassinate President Reagan and others and the immediate aftermath of that acquittal. Since the middle of the 20th Century, the tale is one of the rise and fall of the American Law Institute’s Model Penal Code test for legal insanity. Then it turns to the constitutional decisions of the United States Supreme Court concerning the status of legal insanity. Finally, it addresses the substantive and procedural changes that …
Corporate Personhood And Limited Sovereignty, Elizabeth Pollman
Corporate Personhood And Limited Sovereignty, Elizabeth Pollman
All Faculty Scholarship
This Article, written for a symposium celebrating the work of Professor Margaret Blair, examines how corporate rights jurisprudence helped to shape the corporate form in the United States during the nineteenth century. It argues that as the corporate form became popular because of the way it facilitated capital lock-in, perpetual succession, and provided other favorable characteristics related to legal personality that separated the corporation from its participants, the Supreme Court provided crucial reinforcement of these entity features by recognizing corporations as rights-bearing legal persons separate from the government. Although the legal personality of corporations is a distinct concept from their …
Propertizing Fair Use, Abraham Bell, Gideon Parchomovsky
Propertizing Fair Use, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
In its current form, fair use doctrine provides a personal defense that applies narrowly to the specific use by the specific user. The landmark case of Google v. Oracle, currently pending before the Supreme Court, illustrates why this is problematic. Even if the Court were to rule that Google’s use of Oracle’s Java API’s was fair, the ruling would not protect the numerous parties that developed Java applications for the Android operating system; it would only shelter Google and Google’s particular use. This is not an isolated problem; the per use/per user rule cuts across fair uses of copyrighted …
Mirror, Mirror, On The Wall: Disney Princesses’ Reflections Of Equal Protection, Kermit Roosevelt Iii, Abigail Tootell
Mirror, Mirror, On The Wall: Disney Princesses’ Reflections Of Equal Protection, Kermit Roosevelt Iii, Abigail Tootell
All Faculty Scholarship
Constitutional doctrine and public opinion often move in tandem, particularly in the area of equal protection decisions. The Supreme Court tends to use the clause to invalidate unreasonable or oppressive discrimination, where what is unreasonable or oppressive is determined not by the values of 1868 but by those of contemporary America. This Article offers a microstudy in applied constitutional theory by juxtaposing the development of the Supreme Court's sex discrimination jurisprudence and the evolution of Disney Princesses. The analysis expands beyond confirming that prevailing cultural norms inform Supreme Court decisions; it also offers insight into the limitations of constitutional sex …