Law Commons^™

U.S.-China Aviation Relations: Flight Path Toward Open Skies, Gabriel S. Meyer

Cornell International Law Journal

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 36, Number 2, Fall/Winter 2002–2003

Nebraska Transcript

Alumni Council Awards Honor Distinguished Achievements

Graduation 2002

Honor Class Reunion

Family Tradition Ceremony

American Indian Initiative Seeks to Increase Native Lawyers

Clinic's Federal Civil Rights Case Teaches Students Many Lessons

Law College Pauses to Reflect at September 11 Open Forum

Montenegrin Diary

Frederick Beutel: An Appreciation

Larry Berger: A Candid Interview with the Recently Retired Professor

Bilingual Moot Court, Husker Cap Mark Lenich's Lithuanian Class

Four Visiting Professors Join Faculty for 2002·03

Johnson, '52, World War II Ace, Featured in Famous Photograph

German, NLS Executive Director, Passionate Defender of Needy

Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba

Michigan Telecommunications & Technology Law Review

Whereas the first sale doctrine historically permitted the transfer and resale of copyrighted works, license agreements used by software companies and the DMCA's strict rules prohibiting tampering with access control devices frustrate exercise of the first sale doctrine with respect to many forms of digital works[...] This article explores the first sale doctrine as it pertains to digital works and proposes ways to make a digital first sale doctrine feasible. Part II describes the first sale doctrine as it has traditionally been applied to non-digital works. Part III discusses modern technology's impact on the distribution and use of copyrighted material. …

Constitutional Issues In Information Privacy, Fred H. Cate, Robert Litan

Michigan Telecommunications & Technology Law Review

The U.S. Constitution has been largely ignored in the recent flurry of privacy laws and regulations designed to protect personal information from incursion by the private sector despite the fact that many of these enactments and efforts to enforce them significantly implicate the First Amendment. Questions about the role of the Constitution have assumed new importance in the aftermath of the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon. Recent efforts to identify and apprehend terrorists and to protect against future attacks threaten to weaken constitutional protections against government intrusions into personal privacy. However, these …

Researching Remedies In Intellectual Property Actions Involving Computer Technology: A Research Guide, Daniel N. Kassabian

Michigan Telecommunications & Technology Law Review

The purpose of this research guide is not to answer the question "What remedies are available to an owner of computer related technology whose rights have been infringed?" but to provide a methodology by which a legal practitioner can find the answer to this question. This guide sets forth materials and methods of research that can be used for an inquiry that is broad in scope, such as researching which legal scheme's remedial component best suits a client's technology, but that are also capable of being used for a narrow or limited inquiry, such as looking for specific remedies available …

Court Review: Volume 39, Issue 3 - Going To Scale: A Conversation About The Future Of Drug Courts, Greg Berman

Court Review: Journal of the American Judges Association

Drug courts are the most prominent example of a wave of “problem-solving” innovation that has sought to change the way courts operate in this country. Alongside drug courts, domestic violence courts, community courts, family treatment courts, mental health courts, and other specialized courts are using the authority of the judicial branch in new ways—in an effort to improve outcomes for victims, communities, and defendants. These problem-solving courts employ new tools and new methods— such as requiring defendants to appear regularly before judges to report on their compliance with court orders, or adding social scientists, drug treatment counselors, and other service …

Court Review: Volume 39, Issue 3 - Merit Selection And Retention: The Great Compromise? Not Necessarily, Victoria Cecil

Court Review: Journal of the American Judges Association

In the November 2000 election, the citizens of Florida had the opportunity to switch from the nonpartisan elective system to a merit selection and retention system for selecting trial judges in their respective circuits and counties. Although the majority of Florida voters favored electing their trial judges, this issue has spurred intense debate in the legal community concerning which is the better method for judicial selection. The crux of the debate centers on whether the judiciary should be independent or accountable to the public. On one end of the spectrum, judges are seen as heads of a branch of government …

Court Review: Volume 39, Issue 3 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 39, Issue 3 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 39, Issue 3 - President’S Column, Francis X. Halligan Jr.

Court Review: Journal of the American Judges Association

Since assuming the presidency in Maui last September, I have been invited to attend numerous meetings of other organizations. The AJA reciprocates by inviting the president of these organizations to attend our meetings. This interaction between the AJA and these organizations provides for a closer working relationship between the respective memberships. Listed below are some of the meetings I have attended and a brief description of what occurred at these conferences.

Court Review: Volume 39, Issue 3 - Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 39, Issue 3 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger

Court Review: Journal of the American Judges Association

The judicial decision-making process is not one for which resolution arises from counting, measuring, or weighing. Rather, the courtroom is a field for debate about the interpretation and application of values as embodied in or reflected by the law. Decisions reached in court are judgments and not mathematical conclusions in that the inherently contestable nature of the issues at stake precludes an outcome that is selfevident to all. As such, although there is an element of factfinding that emerges in a judicial opinion, there is also always a subjective valuation of the principles at stake; to draw on Socrates, there …

Court Review: Volume 39, Issue 3 - Editor's Note

Court Review: Journal of the American Judges Association

The issue begins with an examination of the development of drug courts, the most highly visible of the many “problem-solving courts” developed in recent years. The first drug court was created little more than a decade ago in 1989; today, there are more than 1,200. No doubt there have been many lessons learned along the way, and we try to find—and explore— those lessons in the lead piece in this issue.

Court Review: Volume 39, Issue 3 - Concluding A Successful Settlement Conference: It Ain’T Over Till It’S Over, Morton Denlow

Court Review: Journal of the American Judges Association

Have you ever attended a settlement conference and come away thinking the case was settled, only to later find out that your adversary has a different understanding of the settlement terms than you and your client? This is a frustrating experience, but is completely unnecessary. Careful lawyers and judges prevent such confusion by ironing out the details of a settlement at the time an agreement is reached. Leaving specific settlement terms unresolved to a later date may result in an unenforceable settlement or possible litigation to enforce the settlement.

Settlement conferences play an important role in the resolution of litigated …

Helms Burton: A View From Abroad, Runa Kinzel

University of Miami International and Comparative Law Review

No abstract provided.

The United States's Obligation To Lower Greenhouse Gas Emissions: An American Perspective Of The Kyoto Protocol, Kara K. Davis

University of Miami International and Comparative Law Review

No abstract provided.

Preserving The Essence Of Zadvydas V. Davis In The Midst Af A National Tragedy, N. Alejandra Arroyave

University of Miami Law Review

No abstract provided.

Antitrust In The International Telecommunications Sector: The United States Challenges Mexico's Telmex Monopoly, Luz Estella Ortiz Nagle

University of Miami Inter-American Law Review

No abstract provided.

Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo

University of Miami Inter-American Law Review

No abstract provided.

Why Craft Isn't Scary, Steve R. Johnson

Scholarly Publications

In April 2002, the Supreme Court of the United States decided United States v. Craft. The Court held that the federal tax lien attaches to a tax-debtor spouse’s interest in property held in tenancy by the entirety even when the other spouse does not owe tax and state law provides that entireties property and interests cannot be reached by separate creditors of only one spouse.

Craft was correctly decided. The older, contrary view that Craft displaced was fundamentally at odds with federal tax collection analysis as laid out by the Court. In addition, the old view invited tax abuse and …

Fsu Law Magazine (Fall 2002), Florida State University College Of Law Office Of Advancement And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

Is The Health Care Revolution Finished? — A Foreword, Clark C. Havighurst

Law and Contemporary Problems

No abstract provided.

Theorizing Behavioral Law And Economics: A Defense Of Evolutionary Analysis And The Law, Neel P. Parekh

University of Michigan Journal of Law Reform

Behavioral law and economics (BLE) provides a steady stream of empirical evidence that counters the predictions of law and economics. Despite this research and data, however, many theorists argue that BLE ultimately fails because it posits no underlying theory. This Note argues that perspectives from evolutionary biology, evolutionary psychology, and the brain sciences can provide the missing motivational theory for BLE's empirical findings. The Note also examines the implications a more consistent and reasoned consideration of evolutionary analysis and the law (EA) has for our legal regime. In theorizing BLE and defending EA, this Note aims to show how evolutionary …

The Attibution Right In The United States: Caught In The Crossfire Between Copyright And Section 43(A), Roberta Rosenthal Kwall

Washington Law Review

The human impulse for attribution symbolizes the linkage between an author and her creative work. In many countries, authors are afforded a right of attribution as part of a broader doctrine known as moral rights. The United States, however, does not adequately protect moral rights. This Article focuses exclusively on the right of attribution as one component of the moral rights doctrine. Initially, it examines the connection between copyright law and the right of attribution and establishes the inadequacy of the current copyright law as a means of safeguarding the right of attribution. Next, it addresses why section 43(a) of …

Political Apportioning Is Not A Zero-Sum Game: The Constitutional Necessity Of Apportioning Districts To Be Equal In Terms Of Both Total Population And Citizen Voter-Age Population, Timothy Mark Mitrovich

Washington Law Review

After each census, state legislatures must redraw voting districts for state and local elections. Each state legislature must perform this redistricting in a way that protects two important citizen rights. First, each citizen's vote must carry equal weight. Second, each citizen must have equal access to his or her representative. To this end, the U.S. Supreme Court has held that all state and local electoral apportionments must result in districts with equal populations. In Reynolds v. Sims, the Court held that the Fourteenth Amendment requires all state and local electoral apportionments to result in districts with equal populations. However, …

Contents And Editorial Board, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Michigan Cyber Court: A Bold Experiment In The Development Of The First Public Virtual Courthouse, Lucille M. Ponte

North Carolina Journal of Law & Technology

No abstract provided.

Federal Circuit And Claim Construction: Resolving The Conflict Between The Claims And The Written Description, Gregory J. Gallagher

North Carolina Journal of Law & Technology

No abstract provided.

Hazardous Heuristics, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

New work on heuristics and biases has explored the role of emotions and affect; the idea of “dual processing”; the place of heuristics and biases outside of the laboratory; and the implications of heuristics and biases for policy and law. This review-essay focuses on certain aspects of Heuristics and Biases: The Psychology of Intuitive Judgment, edited by Thomas Gilovich, Dale Griffin, and Daniel Kahneman. An understanding of heuristics and biases casts light on many issues in law, involving jury awards, risk regulation, and political economy in general. Some attention is given to the possibility of “moral heuristics”—rules of thumb, for …