Law Commons^™

Criminal Justice And The 1999-2000 U.S. Supreme Court Term, Christopher E. Smith

North Dakota Law Review

No abstract provided.

Meaning, Intention, And The Hearsay Rule., Paul F. Kirgis

Faculty Law Review Articles

In this Article, I draw on insights from the linguistic discipline of pragmatics to offer another way to understand and apply the definition of hearsay in the Federal Rules of Evidence. Pragmatics is concerned with how we use language in real-world contexts to accomplish various objectives.' By identifying the conventions that govern language usage, pragmatics provides ways to analyze what a speaker means when he says something and how meaning is conveyed through language.5 Pragmatics thus has obvious utility for the study of hearsay.

The philosopher Paul Grice looms over the field of pragmatics. His theory of conversational implicature revolutionized …

From Judicial To Administrative Denaturalization: For Better Or For Worse?, Vinineath Nuon Gopal

University of Colorado Law Review

No abstract provided.

E Wars - Episode One: The Patent Menace, Raymond Van Dyke

Computer Law Review and Technology Journal

With the advent of the Information Age and the resulting transformation of our society, information companies are beginning to protect their business methodologies. As with any technological revolution, competition between the players is intense. In this new arena of business, competitors have turned patents into a weapon of choice. Businesses need new strategies to avoid becoming unnecessary casualties of war.

The Economics Of Dowry: Causes And Effects Of An Indian Tradition, Tonushree Jaggi

University Avenue Undergraduate Journal of Economics

I argue that dowries exist because of a combination of two reasons. First, there is an excess supply of women in the Indian marriage market that results in the use of dowry as an equilibrating mechanism. Secondly, a differential in the patterns of human capital accumulation of men and women have led to a larger positive benefit from marriage for women than for men, the net difference of which is theoretically equivalent to the amount of the dowry. Both these explanations for the existence of dowry are fundamentally grounded in the powerful social and cultural ideologies of marriage held by …

The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson

Faculty Law Review Articles

This article addresses the potential objections to applying fiduciary standards to higher government functionaries by exploring a case that proved it feasible: the government of the Roman Emperor Trajan. The author asks, if fiduciary government was practicable in a narrowly based regime governing a multicultural empire -- where communication was slow and information expensive -- why is it not achievable in America today. The author concludes that the principles by which Trajan governed are a rebuke to our own, less exacting, standards of public law today and that holding government to fiduciary standards, even in a huge multicultural empire, is …

Love And The Socratic Method, Peter M. Cicchino

American University Law Review

No abstract provided.

An Activist At Harvard Law School, Peter M. Cicchino

American University Law Review

No abstract provided.

A Teacher To The End, Jack Marth

American University Law Review

No abstract provided.

The Teacher, Trenton H. Norris

American University Law Review

No abstract provided.

An Ode To St. Peter: Professor Peter M. Cicchino, Charles J. Ogletree Jr.

American University Law Review

No abstract provided.

Love Makes A Family, Jonathan Rosen

American University Law Review

No abstract provided.

In Memory Of Peter M. Cicchino, Leti Volpp

American University Law Review

No abstract provided.

Peter Cicchino's Farewell Message To Washington College Of Law Students, Peter M. Cicchino

American University Law Review

No abstract provided.

The International Covenant On Civil And Political Rights: A Primer For Raising A Defense Against The Juvenile Death Penalty In Federal Courts, Christian A. Levesque

American University Law Review

No abstract provided.

Bob Jonesing Baden-Powell: Fighting The Boy Scouts Of America's Discriminatory Practices By Revoking Its State-Level Tax-Exempt Status, Russell J. Upton

American University Law Review

No abstract provided.

Shifting The Paradigm In E-Commerce: Move Over Inherently Distinctive Trademarks - The E-Brand, I-Brand And Generic Domain Names Ascending To Power?, Xuan-Thao N. Nguyen

American University Law Review

No abstract provided.

Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff

American University Law Review

No abstract provided.

Judicial Standard Of Review In Erisa Benefit Claim Cases, Kathryn J. Kennedy

American University Law Review

No abstract provided.

"God Save This Honorable Court": How Current Establishment Clause Jurisprudence Can Be Reconciled With The Secularization Of Historical Religious Expressions, Ashley M. Bell

American University Law Review

No abstract provided.

The Case For A Mediation Program In The Federal Circuit, Gilbert J. Ginsburg

American University Law Review

No abstract provided.

Designing Non-National Systems: The Case Of The Uniform Domain Name Dispute Resolution Policy, Laurence R. Helfer, Graeme B. Dinwoodie

Faculty Scholarship

The article critically assesses the Uniform Domain Name Dispute Resolution Policy (UDRP) as a potential model for solving the immense legal challenges presented by transborder activity. Inaugurated in late 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN), the UDRP creates a fast, inexpensive online mechanism for trademark owners to recapture domain names held by persons who, in bad faith, register and use domain names that are confusingly similar to those marks. At present, the UDRP applies only to a narrow segment of disputes between trademark owners and domain name registrants. But the UDRP has been heralded by …

Lessons From North Carolina’S Redistricting Litigation, Robinson O. Everett

Faculty Scholarship

No abstract provided.

When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Expression And Appearance: A Comment On Hellman, Matthew D. Adler

Faculty Scholarship

Response to, Deborah Hellman, Judging by Appearances: Professional Ethics, Expressive Government, and the Moral Significance of How Things Seem, 60 Maryland Law Review 653 (2001).

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.

Risk, Death And Time: A Comment On Judge Williams’ Defense Of Cost-Benefit Analysis, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.

Scholarly Works

This article seeks to draw attention to certain ethical misconduct of litigators that is routinely accepted, tolerated, or ignored by the legal profession. Though there are other examples, the author focuses on conduct prohibited by Federal Rule of Civil Procedure 11. In particular, the author concentrates on that rule's so-called “safe harbor” provision, which he argues serves to insulate, and possibly encourage, illegitimate advocacy in the form of the assertion and maintenance of frivolous claims, defenses, or other contentions ironically, the very conduct that the rule was ostensibly intended to deter. Regardless of the frequency of this sort of misbehavior, …

Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann

Scholarly Works

In a unique proposal to the United Nations Security Council, U.N. Secretary-General Kofi Annan recommended that a Juvenile Chamber of the Special Court have authority to try defendants as young as fifteen. The plan sparked immediate controversy. Sierra Leoneans wanted the worst perpetrators punished regardless of age, while human rights organizations argued that juvenile prosecutions would weaken rehabilitative efforts. The Security Council subsequently diluted the proposal; nevertheless, it merits examination, given the increasing use, in Africa and around the world, of children in combat.

Back To Basics? University Legal Education And 21st Century Professionalism, Annie Rochette, W. Wesley Pue

All Faculty Publications

This article probes the complexities surrounding trying to match law school curriculum with the needs of students intent on careers in the practice of law. It pursues the issue in three stages: 1) an assessment of a contemporary back to basics critique of legal education; 2)an empirical evaluation of actual student experiences and course selections at a major North American law school over the course of a decade; 3) an assessment of the 'fit' between existing legal education and the likely needs of future practitioners.