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Series

Law Faculty Scholarship

2008

Articles 1 - 30 of 30

Full-Text Articles in Law

German Equal Protection: Substantive Review Of Economic Measures, Edward J. Eberle Dec 2008

German Equal Protection: Substantive Review Of Economic Measures, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes Oct 2008

Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies Oct 2008

The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Chapter 15 Of The Bankruptcy Code And Its Implicit Assumptions Regarding The Foreign Exchange Market, John J. Chung Oct 2008

Chapter 15 Of The Bankruptcy Code And Its Implicit Assumptions Regarding The Foreign Exchange Market, John J. Chung

Law Faculty Scholarship

No abstract provided.


Got Controversy - Milk Does, Margaret Sova Mccabe Oct 2008

Got Controversy - Milk Does, Margaret Sova Mccabe

Law Faculty Scholarship

This article analyzes ongoing controversy over how to best label rBST-free milk. Recombinant bovine somatotropin is a genetically engineered drug administered by some farmers to their dairy herds to increase milk production. FDA first approved its use in 1994, despite great controversy. The FDA also issued labeling guidelines that allowed voluntary disclosure of rBST-free milk, so long as it carried the disclaimer that no difference could be detected between milk produced with rBST and rBST-free. The controversy continues today as consumers express a preference for rBST-free milk and many rBST-free producers label their milk this way. "Conventional" milk (with rBST) …


Introduction: The Emerging Power Of Context Over Conventional Wisdom In Scholarship On Law And Terrorism, Peter S. Margulies, Laura Corbin Apr 2008

Introduction: The Emerging Power Of Context Over Conventional Wisdom In Scholarship On Law And Terrorism, Peter S. Margulies, Laura Corbin

Law Faculty Scholarship

No abstract provided.


The German Idea Of Freedom, Edward J. Eberle Jan 2008

The German Idea Of Freedom, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Equality In Germany And The United States, Edward J. Eberle Jan 2008

Equality In Germany And The United States, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick Jan 2008

The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick

Law Faculty Scholarship

In the two years since the landmark Booker decision, federal sentencing policy has been in a state of suspended animation. This Article urges federal sentencing reform advocates to look to an unlikely source for realistic goals and ideological support --the experiences of Republican judicial appointees in the Guidelines Era. Its findings are based upon a long-term research project into cases in which Republican appointees stated their disagreement with the sentences required by law from the bench. The Article discusses the primary product of my research, forty comprehensive case profiles and their policy implications. Specifically, the Article demonstrates how the lessons …


True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies Jan 2008

True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …


Heller And Insurrectionism, Carl Bogus Jan 2008

Heller And Insurrectionism, Carl Bogus

Law Faculty Scholarship

No abstract provided.


Introduction: Genuine Tort Reform, Carl Bogus Jan 2008

Introduction: Genuine Tort Reform, Carl Bogus

Law Faculty Scholarship

No abstract provided.


Promissory Estoppel And The Protection Of Interpersonal Trust, John J. Chung Jan 2008

Promissory Estoppel And The Protection Of Interpersonal Trust, John J. Chung

Law Faculty Scholarship

No abstract provided.


The New Imperialism: Toward An Advocacy Strategy For Gmo Accountability, Alison Peck Jan 2008

The New Imperialism: Toward An Advocacy Strategy For Gmo Accountability, Alison Peck

Law Faculty Scholarship

No abstract provided.


Arthur Andersen And The Temple Of Doom, Jeffrey S. Kinsler Jan 2008

Arthur Andersen And The Temple Of Doom, Jeffrey S. Kinsler

Law Faculty Scholarship

The story of Nancy Temple ("Temple") and Arthur Andersen ("Andersen") is infamous in legal ethics. Temple was the in-house lawyer that advised Andersen's employees to shred documents on the eve of the Security and Exchange Commission's ("SEC") investigation of Enron Corporation ("Enron"). Temple's advice triggered a string of events that culminated in the needless demise of America's fifth-largest accounting firm. By contrast, my Arthur Andersen story is unknown, until now that is. In late 1999, I was offered the position on Andersen's in-house staff that Temple ultimately accepted. I declined the offer, for I suspected that Andersen was not seeking …


Gun Control And America's Cities: Public Policy And Politics, Carl Bogus Jan 2008

Gun Control And America's Cities: Public Policy And Politics, Carl Bogus

Law Faculty Scholarship

No abstract provided.


Roger Williams University School Of Law Mediation Clinic, Bristol, Rhode Island, Usa, Gail I. Winson Jan 2008

Roger Williams University School Of Law Mediation Clinic, Bristol, Rhode Island, Usa, Gail I. Winson

Law Faculty Scholarship

No abstract provided.


What Helps Law Professors Develop As Teachers? -- An Empirical Study, Gerald F. Hess, Sophie M. Sparrow Jan 2008

What Helps Law Professors Develop As Teachers? -- An Empirical Study, Gerald F. Hess, Sophie M. Sparrow

Law Faculty Scholarship

The overall goal of this article is to provide concrete suggestions for how law schools can improve teaching and enrich law student learning. In doing so, it reviews and analyzes the data collected from two national surveys about the kinds of faculty development activities that are most effective in improving law professors’ teaching. One survey was designed to quantify how many law teachers engaged in twenty-two types of teaching development activities over the previous five years and to assess the effectiveness of each of those activities. The other survey focused on the effectiveness of a national conference on teaching and …


Pornography, Coercion, And Copyright Law 2.0, Ann Bartow Jan 2008

Pornography, Coercion, And Copyright Law 2.0, Ann Bartow

Law Faculty Scholarship

The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their …


Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow Jan 2008

Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow

Law Faculty Scholarship

As it moved into the mainstream in the 1970s and early 1980s, pornography obtained copyright protections through judicial fiat, rather than as a result of legislative action. This essay explains how pornography came to be eligible for copyright protections, discusses the social and legal effects of this change, and raises questions about the propriety of according pornography the full benefits of copyright law without taking into account the harms that pornography production can inflict on subordinated or coerced "performers."


Why Hollywood Does Not Require “Saving” From The Recordkeeping Requirements Imposed By 18 U.S.C. Section 2257, Ann Bartow Jan 2008

Why Hollywood Does Not Require “Saving” From The Recordkeeping Requirements Imposed By 18 U.S.C. Section 2257, Ann Bartow

Law Faculty Scholarship

Attorney Alan R. Levy recently published an article in The Yale Law Journal Pocket Part entitled "How 'Swingers' Might Save Hollywood from a Federal Pornography Statute." So eager was Levy to "save Hollywood" from having to keep records to verify that performers engaging in actual sexually explicit conduct are legally adults, that he grossly distorted the meaning and effect of 18 U.S.C. Section 2257. Ironically, while exaggerating the negative impact of Section 2257, he simultaneously underestimated the problematic nature of a different statutory provision potentially requiring record keeping for performers who engage in simulated sexual conduct. This essay discusses truths …


Loco Labels And Marketing Madness: Improving How Consumers Interpret Information In The American Food Economy, Margaret Sova Mccabe Jan 2008

Loco Labels And Marketing Madness: Improving How Consumers Interpret Information In The American Food Economy, Margaret Sova Mccabe

Law Faculty Scholarship

America's current food labeling scheme, as illustrated by the example of salt, is flawed when examined from the consumer and public health perspective. While the Food, Drug, and Cosmetic Act has sound scientific standards, those standards as currently applied to labels do not efficiently signal health information to consumers. Without better information on labels, consumers will continue to make poor choices at the grocery store. However, there are promising new ways to label. Both the United Kingdom and the domestic supermarket chain Hannaford’s have implemented simple health labeling on food packaging or grocery shelves to improve the amount and location …


Review Essay: Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Ann Bartow Jan 2008

Review Essay: Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Ann Bartow

Law Faculty Scholarship

[Excerpt] “My overarching reaction to Janet Halley's recent book, Split Decisions: How and Why to Take a Break from Feminism, can be summarized with a one sentence cliché: The perfect is the enemy of the good.' She holds feminism to a standard of perfection no human endeavor could possibly meet, and then heartily criticizes it for falling short. Though Halley's myriad observations about feminism occasionally resonated with my own views and experiences, ultimately I remain unconvinced that taking a break from feminism would, for me, be either justified or productive. But I did (mostly) enjoy reading it. Halley is well …


When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow Jan 2008

When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow

Law Faculty Scholarship

[Introduction]: Intellectual property law courses offer law professors the opportunity to teach a subject area rich with complicated statutory and court-made doctrines about which students do not usually have strong or extensively delineated moral views. I It also gives everyone in the classroom a refreshing break from the traditional partisanship of political party politics. Identification as a Democrat or Republican does not provide too much guidance or create too many expectations about a person's views of intellectual property issues, freeing classroom debates from the constrictions that political loyalties impose in so many other contexts.


Franklin Pierce Law Center Educational Report: Patent Landscape Of Dna Vaccines For Hiv, Jon R. Cavicchi, Stanley P. Kowalski Jan 2008

Franklin Pierce Law Center Educational Report: Patent Landscape Of Dna Vaccines For Hiv, Jon R. Cavicchi, Stanley P. Kowalski

Law Faculty Scholarship

No abstract provided.


Viewing Virtual Property Ownership Through The Lens Of Innovation, Ryan G. Vacca Jan 2008

Viewing Virtual Property Ownership Through The Lens Of Innovation, Ryan G. Vacca

Law Faculty Scholarship

Over the past several years scholars have wrestled with how property rights in items created in virtual worlds should be conceptualized. Regardless of how the property is conceptualized and what property theory best fits, most agree the law ought to recognize virtual property as property and vest someone with those rights.


The True Colors Of Trademark Law: Green-Lighting A Red Tide Of Anti Competition Blues, Ann Bartow Jan 2008

The True Colors Of Trademark Law: Green-Lighting A Red Tide Of Anti Competition Blues, Ann Bartow

Law Faculty Scholarship

The elevation of color to stand-alone trademark status illustrates the unbounded nature of trademarks within the judicial consciousness. The availability of color-alone marks also facilitates the commoditization of color in ways that complicate the development and distribution of products and services that use color for multiple purposes conterminously. The economic case for color-alone trademarks is severely undermined by careful observation of the ways that colors are actually deployed in commerce, which makes it clear that the trademarks of multiple goods and services can utilize the same color to telegraph the same message without confusing anyone or diluting the commercial power …


Bare Justice: A Feminist Theory Of Justice And Its Application To Post-Genocide Rwanda, Megan M. Carpenter Jan 2008

Bare Justice: A Feminist Theory Of Justice And Its Application To Post-Genocide Rwanda, Megan M. Carpenter

Law Faculty Scholarship

Within this Article I seek to develop a feminist legal theory of justice, by questioning the ability of traditional legal strategies to facilitate justice and identifying underlying principles that contribute to a more inclusive and holistic form of justice. Secondly, I apply this theory to the situation of women victims of sexual violence in post-genocide Rwanda, in an effort to explore how these principles can contribute to a realization of justice that empowers women.

In Part II of this Article, I seek to develop a set of principles underlying a feminist reconceptualization of justice. This endeavour is a three-step process: …


River Rats, Megan M. Carpenter Jan 2008

River Rats, Megan M. Carpenter

Law Faculty Scholarship

[Excerpt] "At their essence, river rats are aquatic rodents. They live in, on, and near the water and depend upon it for their livelihood. My family is, and have always been, river rats.

My mother's family grew up on the west bank of the Tygart River in north central West Virginia. My great grandparents used this land as a summer camp: a place to ride horses named Honey and Chief; a place to host parties; a place to plant flower bulbs from Holland. My grandfather spent most of his childhood working the land for his parents. While his older brother …


The Lexical Heart: A Dictionary, Megan M. Carpenter Jan 2008

The Lexical Heart: A Dictionary, Megan M. Carpenter

Law Faculty Scholarship

No abstract provided.