Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Articles in Law Reviews & Other Academic Journals

Discipline
Keyword
Publication Year

Articles 1 - 30 of 1493

Full-Text Articles in Law

The Insights, Uses, And Ethics Of Social Neuroscience In Anti-Discrimination Law, Susan Carle Apr 2021

The Insights, Uses, And Ethics Of Social Neuroscience In Anti-Discrimination Law, Susan Carle

Articles in Law Reviews & Other Academic Journals

The article explores the uses in anti-discrimination law of social neuroscience—a broad interdisciplinary field that draws on the insights of brain science, medicine, epidemiology, social psychology, behavioral economics, moral cognitive neuroscience and many other experimentally based disciplines. It discusses the promising uses of social neuroscience findings from all these subfields on such matters as the irrational biases of “fast” thinking processes in general, and implicit biases against “out” groups more specifically, as well as group conformity, the black sheep effect, and more. The article traces a few of the ways these insights can help inform anti-discrimination law in both ...


Trademark Law’S Monopoly Problem: The Supreme Court On Generic Terms As Trademarks, Christine Farley Feb 2021

Trademark Law’S Monopoly Problem: The Supreme Court On Generic Terms As Trademarks, Christine Farley

Articles in Law Reviews & Other Academic Journals

American University Washington College of Law Research Paper No. 2021- 06

The U.S. Supreme Court’s June 30, 2020 decision in U.S.P.T.O. v. Booking.com B.V. held that consumer perception alone should determine whether terms are registrable as trademarks or generic and free for all to use. The issue was whether a term that is generic for the class of goods or services can be protected as a trademark when followed by “.com.” The case was about the proper test for genericity in “generic.com” cases. In its first domain name case, the Court ...


Natural Oligopoly Responses, Repeated Games, And Coordinated Effects In Merger Analysis: A Perspective And Research Agenda, Jonathan Baker Jan 2021

Natural Oligopoly Responses, Repeated Games, And Coordinated Effects In Merger Analysis: A Perspective And Research Agenda, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

When the 1968 Merger Guidelines were drafted, both the economics and antitrust literatures addressed how competition could be softened when oligopolists anticipated the natural and predictable responses of their rivals to their competitive moves, such as price cuts or output expansion. But when economists developed new models of oligopoly behavior, and of coordinated efects in particular, the older ideas were dropped—until the 2010 Guidelines, when the older ideas were reincorporated along with the newer ones. Our article points out limitations of the workhorse repeated game model of oligopoly conduct for analyzing coordinated efects of mergers, and suggests ways to ...


Oligopoly Coordination, Economic Analysis, And The Prophylactic Role Of Horizontal Merger Enforcement, Jonathan Baker Jan 2021

Oligopoly Coordination, Economic Analysis, And The Prophylactic Role Of Horizontal Merger Enforcement, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

For decades, the major United States airlines have raised passenger fares through coordinated fare-setting when their route networks overlap, according to the United States Department of Justice. Through its review of company documents and testimony, the Justice Department found that when major airlines have overlapping route networks, they respond to rivals’ price changes across multiple routes and thereby discourage competition from their rivals. A recent empirical study reached a similar conclusion: It found that fares have increased for this reason on more than 1000 routes nationwide and even that American and Delta, two airlines with substantial route overlaps, have come ...


The Italian Model To Fight Covid-19: Regional Cooperation, Regulatory Inflation, And The Cost Of One-Size-Fits-All Lockdown Measures, Fernanda Giorgia Nicola Dr. Jan 2021

The Italian Model To Fight Covid-19: Regional Cooperation, Regulatory Inflation, And The Cost Of One-Size-Fits-All Lockdown Measures, Fernanda Giorgia Nicola Dr.

Articles in Law Reviews & Other Academic Journals

What has come to be known worldwide as the Italian model to fight COVID-19 was a series of governmental measures undertaken in early 2020 to reduce the contagion of a deadly virus ravaging the northern regions of Italy—especially Lombardy, Veneto, and Piedmont. These measures included quarantine or lockdown throughout the Italian territory, together with the revamping of hospitals, followed by economic recovery packages to address the standstill of the national economy. This Article focuses on the strengths and weaknesses of the Italian model. By highlighting the initial missteps, we can understand how this turned into a productive national and ...


Trademark Law’S Monopoly Problem: The Supreme Court On Generic Terms As Trademarks, Christine Farley Jan 2021

Trademark Law’S Monopoly Problem: The Supreme Court On Generic Terms As Trademarks, Christine Farley

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Emerging Shape Of Global Justice: Retrogression Or Course Correction?, Diane Orentlicher Jan 2021

The Emerging Shape Of Global Justice: Retrogression Or Course Correction?, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Sham Subpoenas And Prosecutorial Ethics, Ira Robbins Jan 2021

Sham Subpoenas And Prosecutorial Ethics, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Prosecutors are given broad freedom to conduct their investigations through-out the grand jury process; their power is not without legal and ethical limits, however. For example, courts have discretion to quash subpoenas that have been issued without a proper purpose.Unlike law enforcement officials who may use deceptive tactics throughout an investigation, prosecutors are subject to professional rules of responsibility. All lawyers are subject to some variation of Rule 4.2 of the Model Rules of Professional Responsibility—the No-Contact Rule—which prohibits a lawyer from communicating with a represented individual. Prosecutors, however, have escaped the Rule’s reach by ...


Introduction A Bold Agenda For The Next Steps In Health Reform, Lindsay Wiley Oct 2020

Introduction A Bold Agenda For The Next Steps In Health Reform, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

Introduction: In the aftermath of the largely failed Clinton-era health reform push and the build-up to Obamaera reforms, experts worried that another failed effort could cast a ten-year shadow. The tenth anniversary of the Affordable Care Act offered an opportunity for participants in the 2019 Next Steps in Health Reform conference to reflect. If the ACA proves resilient, what paths will it have paved for the next decade of reforms?


The Current Anxiety About "Jd Advantage" Jobs: An Analysis, Susan Carle Aug 2020

The Current Anxiety About "Jd Advantage" Jobs: An Analysis, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Worth The Effort?: Assessing The Khmer Rouge Tribunal, Diane Orentlicher Jun 2020

Worth The Effort?: Assessing The Khmer Rouge Tribunal, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

Every international and hybrid war crimes court has attracted a measure of controversy, but none more than the Extraordinary Chambers in the Courts of Cambodia (ECCC). While myriad aspects of the ECCC’s record are crucial to its legacy, this article explores one question of overarching importance: whether its performance has justified a key risk the UN assumed when it agreed to support the court — that case selection would be improperly influenced by the Cambodian government. More particularly, it assesses the ECCC’s performance in light of two questions: How well have safeguards against political interference worked? Are survivors of ...


Oligopoly Coordination, Economic Analysis, And The Prophylactic Role Of Horizontal Merger Enforcement, Jonathan Baker, Joseph Farrell May 2020

Oligopoly Coordination, Economic Analysis, And The Prophylactic Role Of Horizontal Merger Enforcement, Jonathan Baker, Joseph Farrell

Articles in Law Reviews & Other Academic Journals

This article takes a fresh look at a longstanding issue in antitrust economics and policy: the problem of oligopoly coordination. First, it explains why coordinated conduct in oligopoly markets is a serious problem and an appropriate concern of antitrust enforcement. It shows that empirical economic studies, experimental results, real-world examples, and economic theory do not support the claims of antitrust commentators and courts influenced by the Chicago school that coordination is unlikely absent express collusion and that express collusion itself is uncommon. Second, it clarifies that coordinated outcomes can arise both from “purposive” conduct, when firms attempt to develop a ...


Collective Criminality And Sexual Violence: Fixing A Failed Approach, Susana Sacouto Mar 2020

Collective Criminality And Sexual Violence: Fixing A Failed Approach, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

International criminal tribunals have developed a number of legal theories designed to hold individuals responsible for their role in collective criminal conduct. These doctrines of criminal participation, known as modes of liability, are the subject of significant scholarly commentary. Yet missing from much of this debate, particularly as regards the International Criminal Court, has been an analysis of how current doctrine on modes of liability responds to the need to hold collective perpetrators criminally responsible for crimes of sexual and gender-based violence (SGBV). Indeed, many writings in this area of the law address perceived shortcomings in the theoretical underpinnings of ...


Recommendations And Comments On The Draft Vertical Merger Guidelines, Jonathan Baker, Nancy Rose, Steven Salop, Fiona Scott Morton Feb 2020

Recommendations And Comments On The Draft Vertical Merger Guidelines, Jonathan Baker, Nancy Rose, Steven Salop, Fiona Scott Morton

Articles in Law Reviews & Other Academic Journals

These recommendations and comments respond to the request by the Federal Trade Commission and the Department of Justice’s Antitrust Division for public comment on the draft 2020 Vertical Merger Guidelines. We commend the agencies for updating the 1984 non-horizontal merger guidelines by recognizing the substantial advances in economic thinking about vertical mergers in the thirty-five years since those guidelines were issued. Our comments emphasize four issues: (i) the treatment of the elimination of double marginalization (“EDM”), particularly that the draft vertical merger guidelines appear inappropriately to make proof of cognizability part of the agencies burden and that they appear ...


Payments Failure, Hilary Allen Feb 2020

Payments Failure, Hilary Allen

Articles in Law Reviews & Other Academic Journals

The processing of retail payments has traditionally been the domain of regulated banks, but technologically sophisticated players like Venmo, AliPay, Bitcoin and Ripple (and potentially Facebook’s Libra) are making incursions into the market. Even within regulated banks, payments processing is becoming increasingly reliant on new technologies – JPMorgan Chase’s “JPMCoin” is just one example. However, limited attention has been paid to the new kinds of operational risks associated with these complex new methods of processing retail payments. This Article argues that technological failures at a payments provider (bank or non-bank) could be amplified in unexpected ways as they interact ...


Crash Goes Icann's Multistakeholder Model, Kathryn Kleiman Feb 2020

Crash Goes Icann's Multistakeholder Model, Kathryn Kleiman

Articles in Law Reviews & Other Academic Journals

In 1995, the Internet was becoming a global phenomenon and users needed "domain names"--the street signs of Internet addresses--for an array of commercial and noncommercial speech. A small community of "multistakeholders"--business, civil society, governments, technologists, intellectual property and non-government organization representations--began to write rules for Internet addresses largely on behalf of a global population that had yet to be connected to the Internet. I had the privilege of being part of that group. Since then, Internet use has skyrocketed from 70 million users (1.7% of the world population) in 1995 to over 4.5 billion users (58 ...


The Balkanization Of Data Privacy Regulation, Fernanda Giorgia Nicola Dr. Jan 2020

The Balkanization Of Data Privacy Regulation, Fernanda Giorgia Nicola Dr.

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Nonexcludable Surgical Method Patents, Jonas Anderson Jan 2020

Nonexcludable Surgical Method Patents, Jonas Anderson

Articles in Law Reviews & Other Academic Journals

A patent consists of only one right: the right to exclude others from practicing the patented invention. However, one class of patents statutorily lacks the right to exclude direct infringers: surgical method patents are not enforceable against medical practitioners or health care facilities, which are the only realistic potential direct infringers of such patents. Despite this, inventors regularly file for (and receive) surgical method patents. Why would anyone incur the expense (more than $20,000 on average) of acquiring a patent on a surgical method if that patent cannot be used to keep people from using the patent?

The traditional ...


Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith Jan 2020

Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.


Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter Jan 2020

Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Sea Change: The Rising Tide Of Pro Bono Legal Services For The Creative Community, Victoria Phillips Jan 2020

Sea Change: The Rising Tide Of Pro Bono Legal Services For The Creative Community, Victoria Phillips

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Untangling The Yemen Crisis, Paul Williams, Laura Graham, Jim Johnson, Michael P. Scharf, Milena Sterio Jan 2020

Untangling The Yemen Crisis, Paul Williams, Laura Graham, Jim Johnson, Michael P. Scharf, Milena Sterio

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio Jan 2020

The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Letter And Introduction: An Introduction By Angela J. Davis, Angela J. Davis, Angela J. Davis, Angela Davis Jan 2020

Letter And Introduction: An Introduction By Angela J. Davis, Angela J. Davis, Angela J. Davis, Angela Davis

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Outsourcing Discrimination, Llezlie Green Jan 2020

Outsourcing Discrimination, Llezlie Green

Articles in Law Reviews & Other Academic Journals

The significant growth in employers’ use of labor intermediaries—that is, third parties that stand between the workers and the organizations for whom they complete work— has fundamentally changed how many low-wage workers enter and function in the workplace. Temporary staffing agencies that hire and place workers with companies and organizations have taken on a gatekeeper role to low-wage jobs in many industries. Recent litigation and various reports allege flagrant hiring discrimination by temporary staffing agencies whose clients encourage them not to hire African American workers and hire and send Latinx immigrants instead. This Article explores the discriminatory treatment of ...


The Lost Unfair Competition Law, Christine Farley Jan 2020

The Lost Unfair Competition Law, Christine Farley

Articles in Law Reviews & Other Academic Journals

The accepted metaphor that trademark law is a species of the genus of unfair competition law distorts both the actual history and the relationship between the two. Tracing the development of the law reveals a related sequence of significant events, some of which have been forgotten. This back-story suggests that a particularly innovative treaty incorporated by reference into the Lanham Act was meant to be the vehicle for unfair competition protection. As a result of this lost law, unfair competition law remains an enigma today.


Memories Of Judgment: Constructing The Icty's Legacies, Diane Orentlicher Jan 2020

Memories Of Judgment: Constructing The Icty's Legacies, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

As the title of this symposium reflects, a critically important dimension of the Tribunal's legacy is its role in understanding the war and genocide in Bosnia. In my remarks, I want to drill down on the word "understanding," one of the most complex facets of the ICTY's legacy. In brief, I will make four points. The first is that the ICTY's expected contribution to understanding the 1990s conflict in Bosnia and the atrocities associated with that conflict was deeply important to many individuals whom I have interviewed in Bosnia-Herzegovina, as well as in Serbia, about the ICTY ...


Preventing Trafficking Through New Global Governance, Janie Chuang Jan 2020

Preventing Trafficking Through New Global Governance, Janie Chuang

Articles in Law Reviews & Other Academic Journals

The year 2020 marks the twentieth anniversary of the United Nations (U.N.) Trafficking Protocol-a treaty that established the foundation for global efforts to address the problem of human trafficking.' That treaty offered an early framing of the problem as a transnational crime, best addressed through aggressive prosecution of traffickers and international cooperation to that end. Since the Protocol's adoption, global antitrafficking law and policy have evolved significantly. The once near-exclusive focus on the prosecution prong of the treaty's "3Ps" approach to trafficking- focused on prosecuting trafficking, protecting trafficked persons, and preventing trafficking-has given way to an increased ...


Contextual Accountability, The World Bank Inspection Panel, And The Transformation Of International Law In Edith Brown Weiss' "Kaleidoscopic World", David Hunter Jan 2020

Contextual Accountability, The World Bank Inspection Panel, And The Transformation Of International Law In Edith Brown Weiss' "Kaleidoscopic World", David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Social Media Platforms In International Criminal Investigations, Rebecca Hamilton Jan 2020

Social Media Platforms In International Criminal Investigations, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

In the summer of 2017, hundreds of thousands of videos of the Syrian conflict suddenly disappeared from YouTube. The videos had been published on channels like the Aleppo Media Center, the Shaam News Agency, and the Violations Documentation Center in Syria, which are run by Syrian civil society groups that have been documenting war crimes and other human rights violations since the conflict began in 2011. In a war zone that has been extraordinarily difficult for outside investigators to access, the videos provided crucial evidence that many hoped would eventually lead to international criminal prosecutions.One can readily imagine that ...