Law Commons^™

Clarifying The Debate Over Therapeutic Forgetting, Adam J. Kolber

Faculty Scholarship

No abstract provided.

Mediating Rules In Criminal Law, Alex Stein, Richard A. Bierschbach

Faculty Scholarship

No abstract provided.

Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed

Faculty Scholarship

Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws …

Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer

Faculty Scholarship

No abstract provided.

Green Medicine: Using Lessons From Tort Law And Environmental Law To Hold Pharmaceutical Manufacturers And Authorized Distributors Liable For Injuries Caused By Counterfeit Drugs, Stephanie Aleong

Faculty Scholarship

Counterfeit and adulterated prescription drugs have caused serious harm to consumers when these tainted products have easily permeated the legitimate marketplace over the last decades. Criminals and other actors introduce fake, adulterated, expired and foreign drugs into the drug distribution network which puts unsafe medicine into the hands of innocent consumers.

Due to the FDA’s identification of the dramatic rise in counterfeit drug investigations, in June of 2006, the FDA finally lifted the nearly twenty-year-old stay on requiring pedigree documentation, an actual history of the distribution transactions of a medicine before reaching a dispensing pharmacy, only to find that a …

The Failure Of Administrative Law To Provide Adequate Relief In Bid Challenge Litigation: A Note On Taiwan Yutong Consulting And Technology Co Ltd V Taiwan Area National Freeway Bureau And Far East Electronic Toll Collection Co, Daniel J. Mitterhoff

Faculty Scholarship

No abstract provided.

Book Review: Comparative Law In A Global Context: The Legal Systems Of Asia And Africa, Maxwell O. Chibundu

Faculty Scholarship

No abstract provided.

Reflections Of A Community Lawyer, Luz E. Herrera

Faculty Scholarship

In May 2002, I opened a law office in one of the most underserved communities in Los Angeles County. Many questioned the sanity of such a career path when evaluating my financial stability and the personal toll that such a career path can exact. Given that I graduated from some of the best universities in the country, my friends, family, and strangers were even more perplexed at my choice. I cannot say that my decision to build a law practice in Compton, California, has been easy. However, time and time again, I found myself rejecting more secure and prestigious job …

The Internet Evolution: Savvy Research Strategies For Paralegals, Michelle Rigual

Faculty Scholarship

This is a guide to researching legal issues on the internet. Basic search topics applicable to any database are discussed as well as specific strategies for finding free or inexpensive legal materials, effectively using new technologies such as blogs, RSS feeds, and podcasts. Additionally, attendees are warned to avoid outdated technologies and sources.

Rebooting The Approach To Teaching Research: Embracing The Computer Age, Carrie Teitcher

Faculty Scholarship

No abstract provided.

Closing The Border And Opening The Door: Mobility, Adjustment, And The Sequencing Of Reform, Timothy A. Canova

Faculty Scholarship

Since the enactment of the North American Free Trade Agreement (NAFTA), the U.S.-Mexico border has become increasingly open for trade and private investment. But for the movement of people it is a Porous Border. Meanwhile, Open Border proposals are unpopular and unrealistic due to concerns about national security and the economic impact of low-wage immigrant labor. Discussion is now dominated by Closed Border proposals to build a wall and further militarize the 2000-mile border. Each of these paradigms - the Closed Border, Open Border, and today's Porous Border - fails to address the painful dislocations in Mexican society that inevitably …

You Ain't Seen Nothin' Yet: The Inevitable Post-Hamdan Conflict Between The Supreme Court And The Political Branches, Michael Greenberger

Faculty Scholarship

On September 21, 2006, my colleagues, Professors Singer, Quint, and Young, and I led a workshop for our faculty on the Supreme Court’s last, and most important case of the previous Term, Hamdan v. Rumsfeld. As was doubtless true of law scholars across the country (indeed, perhaps throughout the world), we expressed wonderment about the sweep of the decision. In Hamdan, a conservative Court, having just been joined by two conservative appointees named by a conservative President (known for attempting a dramatic expansion of his Article II war powers authority) and confirmed by a conservative Republican-controlled Senate (known for accommodating …

Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young

Faculty Scholarship

This brief article explores the contribution that Hamdan v Rumsfeld may have made to clarifying what should happen in the large interstices of the rules created by the Youngstown case for determining the validity of claims of Presidential power. It offers its own view of the scope of Presidential powers in extreme emergencies involving the incapacitation of the legislative branch.

Tactical Level Psyop And Mildec Information Operations: How To Smartly And Lawfully Prime The Battlefield, Joshua E. Kastenberg

Faculty Scholarship

The subject matter and scope of this article is limited to providing a framework for legal oversight to the planning and execution of tactical level PSYOP and MILDEC operations. As a result, it does not cover in detail issues such as neutrality, operations conducted within the United States which impact the Constitution, or combatant command authorities and their attendant supporting and supported relations. Rather, it seeks to provide a roadmap for a JA or legal representative assigned to an IO cell in support of tactical military operations.

Commentary On The U.N. International Law Commission's Draft Articles On The Law Of Transboundary Aquifers, Gabriel E. Eckstein

Faculty Scholarship

Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Despite our increasing reliance, ground water resources have long been the neglected stepchild of international water law; regulation and management of and information about ground water resources are sorely lacking, especially in the international context. Presently, there is no international agreement squarely addressing ground water resources that traverse an international boundary. Moreover, there is only one treaty in the entire world pertaining to the …

Conflict Of Laws (2007), James P. George, Anna K. Teller

Faculty Scholarship

State and national laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, parallel lawsuits, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This article reviews Texas conflicts cases from state and federal courts during the Survey period from October 1, 2005, through November 30, 2006. The article excludes cases involving federal-state conflicts, intrastate issues, such as subject-matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent law within a state. State and federal cases are discussed …

Trademarks And The Internet: The United States' Experience, Glynn S. Lunney Jr

Faculty Scholarship

This article is divided into three sections: (II) The past; (III) The Present; and (IV) The Future. Part II will focus on the early judicial decisions applying trademark law to the Internet. It will examine the Internet's frontier period, discuss some of the early cases and their fact patterns, and attempt to show how the courts re-wrote various doctrinal elements of trademark law so they could reach the bad actors before them. While this period is characterized more by the predominantly bad faith nature of the defendants than by a calendar, it runs for approximately five years, from the first …

The Dangers Of Summary Judgment: Gender And Federal Civil Litigation, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going, Robert B. Ahdieh, Zhu Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis

Faculty Scholarship

The focus of this panel is incrementally shifting from the previous panel. Whereas the previous was looking at public/private issues and issues relating to incentivizing innovation in the subject countries, we're going to take a focus more on, I think it's safe to say, from an external perspective looking at these countries and issues that are confronted by businesses who our either planning to deal with the four subject countries or are concerned about their technologies being used in their four subject countries.

We have four panelists, and each of them is going to speak to one of the four …

Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Brian N. Larson, Genelle I. Belmas

Faculty Scholarship

This Article argues that access to aggregated electronic public records for commercial use should receive protection under the First Amendment in the same measure as the speech acts the access supports. In other words, we view commercial access to aggregated public records as an essential means to valuable speech. For many, however, the taint of the commercial speech doctrine is turning all “information flows” into commercial ones. This, in turn, is threatening the access to government records.

My Brilliant Career, Susan Ayres

Faculty Scholarship

How do we balance work and motherhood? This creative piece is a meditation on juggling parenthood and work as a scholar-teacher. Inspired by the autobiographical scholarship of Elizabeth Bartholet, it offers a humorous and honest insight into some of the challenges faced in this struggle for balance.

Ten Common Questions About Intellectual Property And Human Rights, Peter K. Yu

Faculty Scholarship

With the continuous expansion of intellectual property rights, there is a growing need for the development of a human rights framework for intellectual property rights. Such a framework is not only socially beneficial, but will enable the development of a balanced intellectual property system that takes human rights obligations into consideration. Developing such a framework, however, is not easy and has raised many difficult questions. Some of these questions are foundational, some of them conceptual, and the remainder merely implementational.

This article tackles in turn ten questions the author has frequently encountered when he discusses the development of a human …

News Media As Mediators, Carol Pauli

Faculty Scholarship

Journalism thrives on conflict, a classic "news value," which can make a story newsworthy. As a result, the normal routines of reporters and editors tend to emphasize extreme voices and combative themes, triggering the criticism that news coverage of an event is "more likely to escalate a conflict than to pacify it."

Even so, journalism has made some legendary journeys into conflict resolution. In 1977, for example, CBS news anchor Walter Cronkite conducted separate interviews with Egyptian President Anwar Sadat and Israeli Prime Minister Menachem Begin, which led directly to Sadat's historic visit to Jerusalem. In 1985, Ted Koppel, in …

2005-2006 Survey Of Florida Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.

Torture And Islamic Law, Sadiq Reza

Faculty Scholarship

This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today's Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves "Islamic states." The status of …

Testimony On Law Enforcement In Indian Country Before The United States Senate Committee On Indian Affairs, 110th Congress, 1st Session, Kevin Washburn

Faculty Scholarship

Public safety and criminal justice on Indian reservations are better served when Indian tribes play a central role in these functions. Most of the successes of law enforcement in Indian country have involved careful cooperation and coordination between law enforcement agencies of different sovereigns. Even informal cooperation can be highly effective in improving public safety. Lack of cooperation undermines public safety.

What's Wrong With The Patent System? Fuzzy Boundaries And The Patent Tax, James Bessen, Michael J. Meurer

Faculty Scholarship

The annual number of patent lawsuits filed in the U.S. has roughly tripled from 1970 to 2004. The number of suits was more or less steady in the 1970s, climbed slowly in the 1980s, and exploded in the 1990s. Why? The usual answers point to (1) the growth of the “new economy” and the concomitant explosion of patenting, (2) the failure of the Patent Office to reject patents on old or obvious inventions, or (3) the rise of the patent troll. There is an element of truth in all these answers, but even collectively they do a poor job explaining …

Volunteer Discrimination, Angela Onwuachi-Willig

Faculty Scholarship

Part I of this Essay describes the new NBA dress code and then lays the framework for the discussions that ensued after the implementation of the code. Part II examines how some Blacks' defense of the allegedly discriminatory NBA appearance policy does not in itself negate claims of racial discrimination. In so doing, this Part explicates the various ways in which Blacks are pressured to perform their racial identity in order to advance in society - in particular, the ways in which outsiders often must conform to traditional standards of appearance and must distinguish themselves from the "bad outsiders" or …

Might The Fact That 90% Of Americans Live Within 15 Miles Of A Wal-Mart Help Achieve Universal Health Care?, William M. Sage

Faculty Scholarship

The subject of this Essay is the retail medical clinic movement. Retail medical clinics-a few hundred exist at the time of this publication-are typically located in national or regional chains of discount stores, pharmacies, and supermarkets. 1 News articles describing this new phenomenon in American health care tend to examine its viability as a business. The symposium for which this Essay was prepared is devoted to the "Massachusetts Health Plan," that state's pioneering effort (in the current political cycle) to achieve near-universal health insurance for its residents. Accordingly, this Essay situates the retail medical clinic movement in overall "health policy," …

Girl, Fight!, Angela Onwuachi-Willig

Faculty Scholarship

Today's twenty and thirty-something women have grown up in a world that is strikingly different from their mothers. Unlike their mothers, many of these women played sports in high school because of Title IX. Indeed, this generation of women has the opportunity to play professional basketball in the United State as opposed to just in Europe. A number of these women attend and study at colleges and universities with female presidents. Such women include undergraduate and graduate students at Harvard University, where Drew Gilpin Faust recently became the institution's first female President. Additionally, during the prime years of their careers, …