Law Commons^™

The Artist Is A Thief, Matthew Rimmer

Matthew Rimmer

Stephen Gray is a writer and law lecturer who has been living in Darwin since 1989. He started out writing formal legal pieces about how copyright law had unsuccessfully sought to accommodate Aboriginal art. Such work led him to further investigate the philosophical questions underlying the legal issues affecting both traditional and urban Indigenous people. Gray has also explored matters of bioprospecting in relation to Indigenous biological resources. He has investigated the introduction of a label of authenticity into Australia. Gray has also published a number of articles about other legal issues affecting Indigenous people. He has explored such topics …

Cooperación: ¿Puede La Política Impulsar El Desarrollo?, Enrique Barros Bourie

Enrique Barros Bourie

No abstract provided.

Museletter: November/December 2001, Gail F. Zwirner

Museletter

This Issue:

Law School Dedicates Robert R. Merhige, Jr. Special Collections & Rare Books Room

Reference Source of the Month: Virginia Lawyer and Virginia Lawyer Register by Gail Zwirner

At the Movies: Tortilla Soup by Gail Zwirner

Meet the Library Staff: Amanda Surovy & Kathy Sagan-Salandro

When Hope Unblooms: Chance And Moral Luck In The Fiction Of Thomas Hardy, Jil Larson

Center for the Study of Ethics in Society Papers

Paper presented at the Center for the Study of Ethics in Society at Western Michigan University, September 20, 2001.

Antitrust Decisions And Legislative Intent, David F. Shores

Missouri Law Review

While recent decisions leave no doubt that the Court has revised its view concerning the purpose or goals of the antitrust laws, exactly when the revisionist period began is less clear. Continental T.V., Inc. v. GTE Sylvania Inc., was decided in the 1976-77 term. In overruling its decision in United States v. Arnold Schwinn & Co., decided just ten years earlier, the Court relied heavily on the writing of Robert Bork. Bock since has become the leading advocate for the new antitrust thinking. The 1976-77 Supreme court term seems to be a reasonable point of departure. Thus, the article will …

Igartlia De La Rosa V. United States: The Right Of The United States Citizens Of Puerto Rico To Vote For The President And The Need To Re-Evaluate America's Territorial Policy, Eduardo Guzman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Ndls Update 11/2001, Notre Dame Law School

NDLS Update

No abstract provided.

Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell

Articles

No abstract provided.

Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein

Coase-Sandor Working Paper Series in Law and Economics

When strong emotions are triggered by a risk, people show a remarkable tendency to neglect a small probability that the risk will actually come to fruition. Experimental evidence, involving electric shocks and arsenic, supports this claim, as does real-world evidence, involving responses to abandoned hazardous waste dumps, the pesticide Alar, and anthrax. The resulting “probability neglect” has many implications for law and policy. It suggests the need for institutional constraints on policies based on ungrounded fears; it also shows how government might effectively draw attention to risks that warrant special concern. Probability neglect helps to explain the enactment of certain …

Contents

Louisiana Law Review

No abstract provided.

Kroger Redux, John B. Oakley

Duke Law Journal

No abstract provided.

Fiat Lux, John B. Oakley

Duke Law Journal

No abstract provided.

How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner

Duke Law Journal

No abstract provided.

Electronic Discovery And The Litigation Matrix, Martin H. Redish

Duke Law Journal

The impact of the technological revolution on the operation of the discovery system in the federal courts has been dramatic. The enormous increase in storage capacity and communication that the use of computers in the corporate world has brought about has correspondingly increased both the burdens and stakes of the discovery process. This Article considers the extent to which these dramatic practical changes have created a need to develop a legal framework especially for the discovery of electronically stored information. Because the burdens of electronic discovery are likely to be substantially more severe than those involved in traditional discovery, the …

The Future Of Domain Name Dispute Resolution: Crafting Practical International Legal Solutions From Within The Udrp Framework, Lisa M. Sharrock

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Nearly Forgotten Supervisory Power: The Wrench To Retaining The Miranda Warnings, The, Nathan E. Ross

Missouri Law Review

This Comment addresses the supervisory power generally, and it specifically focuses on how the existence of the Court’s supervisory power jurisprudence created a conundrum for the Rehnquist Court’s attempt to preserve the Miranda warnings. Part II traces the history and development of the supervisory power as an independent basis for decision and the alleged sources of this power. Part III analyzes the Court’s decision in Dickerson v. United States, including Justice Scalia’s dissent, within the context of Miranda and Section 3501. Finally, Part IV discusses why the Court chose to constitutionalize the Miranda warnings, instead of invoking it supervisory power, …

Fitting A Square Peg Into A Round Hole: The Application Of Traditional Rules Of Law To Modern Technological Advancements In The Workplace, Gregory I. Rasin, Joseph P. Moan

Missouri Law Review

In the ever-changing technological environment, the transmission of information has become as simple and as quick as the click of a mouse or the touch of a button. However, the emergence and widespread use of computers, electronic mail, and the Internet in the workplace also has created challenges for employers, their attorneys, and the courts. Specifically, the courts are forced to apply traditional rules of law to modern technological advancements. The lack of symmetry between these two notions has created uncertainty for today’s employer. This Article discusses the impact of new technology on employment law, particularly in the areas of …

A Test Case For Re-Evaluation Of The Dormant Commerce Clause: The Maine Rx Program, Abigail B. Pancoast

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Contracts-Breach Distinguished From Rescission

Indiana Law Journal

No abstract provided.

Keeping Mud Off The Bench: The First Amendment And Regulation Of Candidates’ False Or Misleading Statements In Judicial Elections, Adam R. Long

Duke Law Journal

No abstract provided.

Florida V. J.L. - Withdrawing Permission To "Lie With Impunity": The Demise Of "Truly Anonymous" Informants And The Resurrection Of The Aguilar/Spinelli Test For Probably Cause, Peter Erlinder

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Judicial Power And The Administrative State, James L. Dennis

Louisiana Law Review

No abstract provided.

The Education Article Of The Louisiana Constitution, Jackie Ducote

Louisiana Law Review

No abstract provided.

Limits On Borrowing And Donations In The Louisiana Constitution Of 1975, Lee Hargrave

Louisiana Law Review

No abstract provided.

Alden V. Maine: Protecting The States At The Expense Of The People, Sarah Louise House

Louisiana Law Review

No abstract provided.

The Jaws That Bite, The Claws That Snatch, Joseph K. Scott

Louisiana Law Review

No abstract provided.

The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel

Scholarly Works

Congress has overlooked a powerful tool for regulating within state jurisdictions: the Property Clause of the United States Constitution. The United States Government owns land in every state and approximately thirty percent of the total land in the United States. The federal government's authority to regulate its property within states derives from the Property Clause and has been described by the Supreme Court as "without limitation."

Professor Appel traces the historical development of the Constitution's Property Clause, from its pre-constitutional origins through modern Supreme Court decisions and academic conceptions. Professor Appel compares the narrow view of Property Clause scholarship - …

Inclusive Boundaries And Other (Im)Possible Paths Toward Community Development In A Global World, Frances Ansley

College of Law Faculty Scholarship

No abstract provided.

Inclusive Boundaries And Other (Im)Possible Paths Toward Community Development In A Global World, Fran Ansley

Scholarly Works

This paper is based on a talk given at a University of Pennsylvania symposium on Social Movements and Law Reform. In it Professor Ansley takes as a case study the U.S. movement against plant closings. In the seventies, eighties and nineties this movement attempted to respond to the increasing flow of industrial capital from the U.S. to other countries. Like other social movements, it devoted a significant part of its energy to "framing" its issues - articulating and attempting to promote a particular way of looking at the issue of plant closings, de-industrialization, and the new international division of labor. …