Law Commons^™

The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen

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This Article explores a radical method under the U.S. Constitution for devolving extraordinary political power to select communities. The United States Constitution places limitations on the exercise of public power by sub-federal polities. When insular groups seek to exercise public power to govern themselves, however, there may be special constitutional limitations that are operative - doctrines that afford their local governments more options in the exercise of power than ordinary state and local governments enjoy. The Article shows that Congress may grant the communities the authority to construe designated provisions of the United States Constitution insofar as the provisions apply …

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt

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No abstract provided.

Connecting Land, Water, And Growth (With L. Lucero), A. Dan Tarlock

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No abstract provided.

The Future Of Prior Appropriation In The West, A. Dan Tarlock

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No abstract provided.

The Potential Role Of Local Governments In Watershed Management, A. Dan Tarlock

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No abstract provided.

Border Disputes: Trespass To Chattels On The Internet, Richard Warner

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No abstract provided.

Protecting The Endangered Human: Toward An International Treaty Prohibiting Cloning And Inheritable Alterations, Lori B. Andrews

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No abstract provided.

Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker

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No abstract provided.

A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan

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No abstract provided.

What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman

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No abstract provided.

Rules For Interpreting Incomplete Contracts: A Cautionary Note, Steven L. Harris

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No abstract provided.

Spheres Of Autonomy: Reforming The Content Neutrality Doctrine In First Amendment Jurisprudence, Steven J. Heyman

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In recent decades, the doctrine of content neutrality has become the cornerstone of First Amendment jurisprudence. In the leading case of Police Department v. Mosley (1972), the Supreme Court declared that speech may "never" be regulated because of its content, for that would be "the essence of . . . censorship." If this view were taken literally, however, it would disable government from regulating speech even when necessary to prevent serious injury to individuals or society. In response to this concern, the Court has carved out several exceptions to the neutrality doctrine. Yet the Justices have never succeeded in explaining …

Juries, Justice And Multiculturalism, Nancy S. Marder

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No abstract provided.

Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder

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No abstract provided.

From The Courtroom To The Street: Court Orders And Section 1983, Sheldon Nahmod

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No abstract provided.

The United States Of America And The International Criminal Court, Diane Marie Amann, Mortimer N.S. Sellers

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No abstract provided.

Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken

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New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …

The Authority Of The International Court Of Justice, Mortimer N.S. Sellers

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Recently some lawyers and statesmen have begun to cite judgments of the International Court of Justice as if they were decisive evidence of the content of international law. This trend, if it continues, will tend to diminish the influence of international law on the actions of states and others, by arrogating the authoritative de- termination of the content of international law to a tribunal that was never intended to generate rules of universal application, is ill-equipped to do so, and ought not usually be viewed as having done so, except in very exceptional circumstances.

Introduction To Erasing Lines: Integrating The Law School Curriculum, Amy E. Sloan

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Our goal at this conference is to begin the process of erasing the often artificial lines that presently exist between "doctrinal" and "skills" courses, between education focused on the acquisition of knowledge and education focused on the practical application of that knowledge. The lines that have been drawn are more a matter of perception than reality. If we were to deconstruct the pedagogical goals in both of these types of courses, we would find that they have as many similarities as they have differences.

Who Determines The Optimal Trade-Off Between Quality And Price?, Barbara Ann White

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The question of the optimal trade-off between quality and price has become increasingly important as well as complex in recent times, as the advances of modern technology permit a far more refined range of choices. These subtleties among choices allow an individual, a group, or a society to titrate more precisely degrees of quality with almost any product or service, coupled, of course, with counterbalancing price consequences.

In 2002, as Program Chair of the Antitrust Section of the Association of American Law Schools, I organized a panel entitled “Guilds at the Millennium: Antitrust and the Professions” and served as one …

Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank

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No abstract provided.

Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang

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No abstract provided.

Book Review (Reviewing Vera Gowlland-Debbas Ed., United Nations Sanctions In International Law (2001) And Paul Conlon, United Nations Sanctions Management: A Case Study Of The Iraq Sanctions Committee, 1990-1994 (2000)), Bartram Brown

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No abstract provided.

Comparing Procedural Systems: Toward An Analytical Framework, David J. Gerber

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No abstract provided.

U.S. Anti-Trust Law And The Convergence Of Competition Laws, David J. Gerber

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No abstract provided.

The Vitality Of Joint And Several Liability: Brief Amici Curiae Of American Law Professors In Support Of Respondents, Richard W. Wright

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Tort reform advocates hoped to use a recent case, Norfolk & Western Railway Co. v. Ayers, 123 S. Ct. 1210 (2003), as a vehicle for obtaining a Supreme Court opinion critical of the traditional doctrine of joint and several liability. Under this doctrine, each of the multiple responsible causes of an injury is potentially fully liable for that injury. The specific issue in Ayers was the availability of joint-and-several liability under the Federal Employers' Liability Act (FELA), which employs common-law tort doctrines while excluding some of the traditional defenses. The defendant claimed that the traditional common law used fractional apportionment …

The Architecture Of The International Intellectual Property System, Graeme Dinwoodie

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No abstract provided.

The Rational Limits Of Trademark Law (Plus 2005 Postscript), Graeme Dinwoodie

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No abstract provided.

Trademark And Copyright: Complements Or Competitors?, Graeme Dinwoodie

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No abstract provided.

Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner

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Last Term, in Festo Corporation v. Shoketsu Kinzoku Kogyo Kabashuki Co., the United States Supreme Court missed perhaps the most important opportunity for patent law reform in two decades. At the core of the failure to grasp the implications of "prosecution history estoppel" - a judicially-crafted principle limiting the enforceable scope of patents based on acts occurring during their application process - is the heretofore universal (but ultimately unsupportable) view of the doctrine as an arbitrary ex post limitation on patent scope. This Article demonstrates the serious flaws in this traditionalist approach, and develops a new theory of prosecution history …