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Full-Text Articles in Law

Master Teacher Retires After 37 Years, Colleen Kristl Pauwels Apr 2006

Master Teacher Retires After 37 Years, Colleen Kristl Pauwels

Articles by Maurer Faculty

No abstract provided.


Cybertrespass And Trespass To Documents, Kevin Emerson Collins Jan 2006

Cybertrespass And Trespass To Documents, Kevin Emerson Collins

Articles by Maurer Faculty

No abstract provided.


Rules V. Standards For Patent Law In The Plant Sciences, Mark D. Janis Jan 2006

Rules V. Standards For Patent Law In The Plant Sciences, Mark D. Janis

Articles by Maurer Faculty

This article argues that US patent jurisprudence as applied to the plant sciences is moving to a second stage that will be characterized by more by incremental calibration than by spectacular change. The article discusses two doctrines of patent scope that are likely to be implicated in calibrating the utility patent system for the plant sciences: enablement and experimental use. It considers how those doctrines may be refined to serve as calibration tools in the application of patent law to the plant sciences.


Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie Jan 2006

Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie

Articles by Maurer Faculty

No abstract provided.


Minority Admissions To Law School: More Trouble Ahead, And Two Solutions, Jeffrey E. Stake Jan 2006

Minority Admissions To Law School: More Trouble Ahead, And Two Solutions, Jeffrey E. Stake

Articles by Maurer Faculty

U.S. News and World Report (USNAWR) rankings have created incentives that have changed law school admissions. The rankings pressure schools to admit applicants with high numbers rather than those who would do the most to improve the admitting law school or the bar to which it sends its graduates. Much attention has already been paid to decreased minority admissions stemming from increased weight on the LSAT. The shoe that has not dropped, but will soon fall, is the undergraduate grade point average (UGPA). When law schools give this the attention that USNAWR mandates, the diversity of law school classes ...


A Brief Comment On Trust Protectors, Jeffrey E. Stake Jan 2006

A Brief Comment On Trust Protectors, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.


Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle Jan 2006

Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


The Ethics Of Child Custody Evaluation: Advocacy, Respect For Parents, And The Right To An Open Future, Aviva A. Orenstein Jan 2006

The Ethics Of Child Custody Evaluation: Advocacy, Respect For Parents, And The Right To An Open Future, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.


Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt, Carmen L. Brun Jan 2006

Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt, Carmen L. Brun

Articles by Maurer Faculty

In this Essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the United States. In particular, we focus on three European countries-the United Kingdom, Germany, and France. We argue that differences in culture, the legal system, and the academy have led to differing degrees of success of the law and economics movement in each country. We speculate that, although there is currently less interest in the economic analysis of the law in Europe than in the United States, European interest could dramatically increase if scholars adopt more communitarian ...


Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Luis Fuentes-Rohwer, Guy-Uriel E. Charles Jan 2006

Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.


Transnational Regulatory Litigation, Hannah Buxbaum Jan 2006

Transnational Regulatory Litigation, Hannah Buxbaum

Articles by Maurer Faculty

Recent years have seen much debate about the role of national courts in addressing global harms. That debate has focused on the application by domestic courts of international law - for instance, in civil actions brought in U.S. courts to enforce human rights law. This article identifies a parallel development in the area of economic regulation. It classifies and analyzes a category of cases that seek the application of regulatory law by domestic courts in situations involving global economic misconduct. Like the public international law cases, these cases highlight the tension between the benefits to be gained by enhanced enforcement ...


Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles G. Geyh Jan 2006

Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles G. Geyh

Articles by Maurer Faculty

The article examines the threat to judicial independence from political calls for more judicial accountability. The author begins by defining judicial accountability and discussing its purposes before breaking the concept down into three categories: institutional accountability, behavioral accountability, and decisional accountability. This process reveals that in the judicial accountability family, there is but one discrete sub-species, situated in the decisional accountability genus, that does not further accountability's proper purpose and is therefore conceptually problematic: direct political accountability for competent and honest judicial decision-making error that the politicians desire and a serious threat to judicial independence. The critical question becomes ...


An Empirical Study Of Single-Tier Versus Two-Tier Partnerships In The Am Law 200, William D. Henderson Jan 2006

An Empirical Study Of Single-Tier Versus Two-Tier Partnerships In The Am Law 200, William D. Henderson

Articles by Maurer Faculty

During the last decade, many of the nation's largest law firms have converted from single-tier to two-tier (or multi-tier) partnerships. A two-tier firm contains separate tracks for equity and nonequity partner. The equity tier typically controls the firm and enjoys a larger per capita share of the firm's profits. At present, two-tier partnerships make up 80 percent of Am Law 200. The conventional explanation for the growth of the two-tier system (or, conversely, the abandonment of the single-tier) is that it produces higher profits per equity partner (PPP), thus solidifying the prestige of the firm and improving its ...


Regarding Pained Sympathy And Sympathy Pains: Morality, And Empathy In The Civil Adjudication Of Pain, Jody L. Madeira Jan 2006

Regarding Pained Sympathy And Sympathy Pains: Morality, And Empathy In The Civil Adjudication Of Pain, Jody L. Madeira

Articles by Maurer Faculty

This Essay considers the legal propriety of the empathic responses of jurors to suffering plaintiffs. To that end, Part II first explicates the legal contours of a tension between what is experiential or physical (objective) and what is expressionistic or non-physical (subjective). This tension is a foundational jurisprudential concern in personal injury litigation because the subjective is seen to threaten the rule of law: the perceived primacy of reason and logic. Thus, this tension is also what the parties' attorneys seek to exploit and what the court seeks to constrain. Part III explores why an empathic identification is indeed a ...


Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira Jan 2006

Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira

Articles by Maurer Faculty

This Article proffers a consideration of how the expression of pain impacts the interpersonal dimensions of personal injury proceedings, contesting through philosophical logic and textual analyses of case law and legal practitioners' texts the conclusion of scholars such as Elaine Scarry and Robert Cover that pain unmakes both the word and the world. Seeing pain as something that can and must be communicated, albeit in a different form than pain embodied, makes pain a much more profound force, comports with our understanding of pain as a physical yet interpersonally meaningful sensation, and has many evidentiary ramifications. Taking as its premise ...


Book Review. Companies, International Trade And Human Rights By Janet Dine, Christiana Ochoa Jan 2006

Book Review. Companies, International Trade And Human Rights By Janet Dine, Christiana Ochoa

Articles by Maurer Faculty

This is a book review of Janet Dine's Companies, International Trade and Human Rights (2005). While this 9-page review is quite positive, it does offer some criticisms of Dine's analysis and views.


Lashing Reason To The Mast: Understanding Judicial Constraints On Emotion In Personal Injury Litigation, Jody L. Madeira Jan 2006

Lashing Reason To The Mast: Understanding Judicial Constraints On Emotion In Personal Injury Litigation, Jody L. Madeira

Articles by Maurer Faculty

Arguing from the premise that personal injury plaintiffs and injury evidence do not taint proceedings by encouraging jurors to adjudicate based on emotion rather than evidence, this article reviews and challenges judicial attempts to constrain jurors' emotive responses to an injured plaintiff in three areas of personal injury litigation: voir dire, admissibility of evidence, and restrictions on damages arguments and assessment. The judicial abhorrence of sympathy as a ground for substantive decision making during some phases of the trial clashes with judicial tolerance of the emotion during others, giving rise to a pattern of sympathy in, sympathy out where the ...


Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver Jan 2006

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Articles by Maurer Faculty

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools ...


The New International Health Regulations: An Historic Development For International Law And Public Health, David P. Fidler, Lawrence O. Gostin Jan 2006

The New International Health Regulations: An Historic Development For International Law And Public Health, David P. Fidler, Lawrence O. Gostin

Articles by Maurer Faculty

No abstract provided.


Retaining Life Tenure: The Case For A Golden Parachute, Ryan W. Scott, David R. Stras Jan 2006

Retaining Life Tenure: The Case For A Golden Parachute, Ryan W. Scott, David R. Stras

Articles by Maurer Faculty

The first vacancies on the Supreme Court in eleven years have sparked renewed debate about the continued viability of life tenure for federal judges. Scholars have decried life tenure as one of the Framers' worst blunders, pointing to issues such as strategic retirement, longer average tenure, and widespread mental infirmity of justices. In this Article, the authors argue that, notwithstanding the serious problem of mental and physical infirmity on the Court, life tenure should be retained. They also argue that recent statutory proposals to eliminate or undermine life tenure, for example through a mandatory retirement age or term limits, are ...


The Impact Of Open Source On Preinvention Assignment Contracts, Michael Mattioli Jan 2006

The Impact Of Open Source On Preinvention Assignment Contracts, Michael Mattioli

Articles by Maurer Faculty

This comment studies the implications of open source on pre-invention assignment agreements. Part I analyzes the basis for past enforcement of these contracts, with an eye toward distinctions between open source projects and more traditional commercial endeavors. Part II briefly reviews the history of patents and explores constitutional and contract-based arguments against the pre-invention assignment. Part III begins with a discussion of open source and then explores how this new phenomenon perfectly fulfills the goals behind the Patent Act. With these addressed, the central inquiry of pre-invention assignment agreements, as they could conflict with open source inventions, will be addressed ...


The Process Paradigm: Rethinking Medical Malpractice, Roger B. Dworkin Jan 2006

The Process Paradigm: Rethinking Medical Malpractice, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


Mixed Blessings: The Great Lakes Compact And Agreement, The Ijc, And International Dispute Resolution, Austen L. Parrish Jan 2006

Mixed Blessings: The Great Lakes Compact And Agreement, The Ijc, And International Dispute Resolution, Austen L. Parrish

Articles by Maurer Faculty

For scholars of international law and international dispute resolution, the Great Lakes-St. Lawrence River Basin Water Resources Compact and Agreement may seem a mixed blessing. On the one hand, they promise environmental cooperation and management of the Great Lakes at an unprecedented scale. The agreements have been heralded as a tremendous advancement in state-provincial relations. On the other hand, international scholars should be nervous for what the agreements signify for international law and dispute resolution. The Compact and Agreement are remarkable for replacing an already functioning regulatory regime: the 1909 Boundary Waters Treaty, administered by the International Joint Commission.

This ...


Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman Jan 2006

Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman

Articles by Maurer Faculty

Especially after 1980, our belief in and our use of law to solve societal problems seemed to decline precipitously, well beyond the ebb and flow of political trends and tastes. Beginning in earnest in the 1980s, political discourse increasingly treated law and markets primarily in binary terms. You could have one or the other, but not both. More law meant less markets and vice versa. When it came to choosing between law or markets, the tide clearly had shifted. If injustices in the 1970s were greeted with the slogan "there ought to be a law", that approach to solving problems ...


Indiana Law In Evolution, Yvonne Cripps Jan 2006

Indiana Law In Evolution, Yvonne Cripps

Articles by Maurer Faculty

No abstract provided.


The Perils Of Defensive Conservation, Robert L. Fischman Jan 2006

The Perils Of Defensive Conservation, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.


Calibrating The Wealth And Health Of Nations: Trade, Health, And Foreign Policy After The Wto's First Decade, David P. Fidler Jan 2006

Calibrating The Wealth And Health Of Nations: Trade, Health, And Foreign Policy After The Wto's First Decade, David P. Fidler

Articles by Maurer Faculty

One of the most important themes to emerge from the relationship between trade and health in the first ten year's of the WTO's existence is the challenge of achieving policy coherence. This task is a foreign policy challenge for WTO Members, which requires looking at the relationship between trade and health against the backdrop of the making and implementing of foreign policy. Policy coherence has generally become a major concern for foreign policymakers because post-Cold War trends, such as accelerating globalization, seriously challenge traditional foreign policy assumptions, practices, and institutions. Part of this new context for foreign policy ...


The Federal Income Tax Consequences Of The Bobble Supreme Phenomenon, Leandra Lederman Jan 2006

The Federal Income Tax Consequences Of The Bobble Supreme Phenomenon, Leandra Lederman

Articles by Maurer Faculty

Since 2003, the Green Bag Journal has been commissioning and distributing limited edition bobblehead likenesses of the Justices of the United States Supreme Court. Demand for the bobble Supremes has not been limited to existing recipients, and bobble longing has inspired purchases and even poetry. Given the importance of the bobble Supreme phenomenon to the national economy, the time has come for guidance on the tax consequences of their receipt, ownership, and transfer. Fortunately, draft proposed regulations on the federal income tax treatment of bobble Supremes recently surfaced. Although the regulations have not and never will be officially sanctioned (and ...


Health And Foreign Policy, David P. Fidler, Nick Drager Jan 2006

Health And Foreign Policy, David P. Fidler, Nick Drager

Articles by Maurer Faculty

No abstract provided.


Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem Jan 2006

Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem

Articles by Maurer Faculty

Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification a fact that has confounded generations of scholars and created a mess of case law.

This article argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability of ...