Law Commons^™

Punitive Damages In Texas: Examining The Need For A Split-Recovery Statute., Meredith Matheson Thoms

St. Mary's Law Journal

As a result of the increasing number and amounts of punitive damage awards, a call for reform is much warranted. Reformers and legislators continue to seek out measures to effectively limit excessive punitive damage awards and deter unnecessary and frivolous litigation. But they must consider not only the effects of the statutes but also the purposes they will serve. Split-recovery statutes can become valuable reform tool which will continue to serve the goals of punishment and retribution attached to punitive damages as well as deterrence. Split-recovery statutes arguably enlarge government, but they also serve a valuable purpose in furthering the …

Accountability For State Crimes: The Past Twenty Years And The Next Twenty Years, Aryeh Neier

Case Western Reserve Journal of International Law

No abstract provided.

What If Anything Is Wrong With Cloning A Human Being?, Arthur L. Caplan Ph.D.

Case Western Reserve Journal of International Law

No abstract provided.

Advancing U.S. Interests With The International Criminal Court, David J. Scheffer

Vanderbilt Journal of Transnational Law

It is a great pleasure to be here in this beautiful lecture hall at Vanderbilt University Law School and to have the opportunity to speak to you this afternoon about the International Criminal Court (ICC). In recent months, one newspaper or magazine article after another, in examining the foreign policy of the current administration and the gulf (which seems to be so pronounced now) between the United States and even its closest allies throughout the rest of the world, has listed a basic set of treaties as being partly explanatory of that gulf. The Kyoto Protocol, for example, is always …

On Virtue And Peace: Creating A Workplace Where People Can Flourish, Caryn L. Beck-Dudley, Steven H. Hanks

Vanderbilt Journal of Transnational Law

In this Article, Professors Beck-Dudley and Hanks explore the virtues necessary for individuals to flourish within a business organization. Through this exploration, they conclude that modern discussions of business ethics fail to account for the value and virtue of peaceableness. Then, focusing on the freedom from conflict aspect of peaceableness, they use Champion Paper Products, Sartell Minnesota Paper Mill, as a case study in the significant improvements in human flourishing and organizational performance that can occur when management and labor choose peaceable solutions to labor conflicts.

Domestic Violence And Asylum: Is The Department Of Justice Providing Adequate Guidance For Adjudicators, Christina Glezakos

Santa Clara Law Review

No abstract provided.

My Father Is A Woman, Oh No: The Failure Of The Courts To Uphold Individual Substantive Due Process Rights For Transgender Parents Under The Guise Of The Best Interest Of The Child, Helen Y. Chang

Santa Clara Law Review

No abstract provided.

Liability For The Threat Of A Sale: Assessing Patent Infringement For Offering To Sell An Invention And Implications For The On-Sale Patent Ability Bar And Other Forms Of Infringement, Timothy R. Holbrook

Santa Clara Law Review

No abstract provided.

Presumed Functional Until Rebutted: The Increased Difficulty Of Obtaining Trade Dress Protection With An Expired Utility Patent, Nancy Sya

Santa Clara Law Review

No abstract provided.

Privileged Justice Under Law: Reinforcement Of Male Privilege By The Federal Judiciary Through The Lens Of The Violence Against Women Act And U.S. V. Morrison, Jennifer R. Johnson

Santa Clara Law Review

No abstract provided.

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Santa Clara High Technology Law Journal

No abstract provided.

Intellectual Property Strategy In Bioinformatics And Biochips, Dennis Fernandez, Mary Chow

Santa Clara High Technology Law Journal

No abstract provided.

Can Fingerprints Lie?: Re-Weighing Fingerprint Evidence In Criminal Jury Trials, Tamara F. Lawson

Articles

This article discusses fingerprint evidence and its use in criminal jury trials. It is commonly thought that fingerprints "never lie"; however, this article reveals the little known fact that the "science" of fingerprint identification has never been empirically tested or proven to be reliable. It further exposes the seldom-discussed issue of fingerprint misidentification and latent print examiner error. The article explains the importance of fingerprint evidence and its extensive use in all phases of the criminal justice system. Specifically, the article plays out the dramatic courtroom scenario of incriminating fingerprints being found at a crime scene and matching the accused …

Serving Pro Se Patrons: An Obligation And An Opportunity, Kerry Fitz-Gerald

Faculty Articles

Historically, non-lawyer patrons in law libraries have been viewed with discomfort, and library services, even in libraries open to the public, have been geared toward members of the legal community. However, changes in both the needs of the public and in the demographics of library patrons are challenging the traditional allocation of services in public law libraries. This article discusses the reasons for the traditional allocation of services, the cultural and economic forces that are bringing the public to law libraries in greater numbers, and new modes of service that can better meet the needs of public patrons.

Bargaining For Competitiveness: Law, Research, And Case Studies, Richard N. Block Editor

Upjohn Press

This book offers an analysis of the relationship among collective bargaining, firm competitiveness, and employment protections and creation in the United States. The contributors provide an overview of the legal framework and the economic and industrial relations research on collective bargaining, competitiveness, and employment, then follow with four case studies that provide insights into the process of collective bargaining and its current status in the evolving U.S. labor-management system.

The Decline In Employment Of People With Disabilities: A Policy Puzzle, David C. Stapleton Editor, Richard V. Burkhauser Editor

Upjohn Press

The book begins with a documentation of the employment rate decline and ends by spelling out the implications of this decline for public policy. However, the bulk of the book provides a detailed examination of the various explanations for the puzzling decline in employment among the working-aged population with disabilities.

Major League Baseball Contraction And Antitrust Law, John T. Wolohan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Effect Of Baseball's Antitrust Exemption And Contraction On Its Minor League Baseball System: A Case Study Of The Harrisburg Senators, Stanley M. Brand

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Insert Coins To Slay - Regulating Children's Access To Violent Arcade Games, Elizabeth A. Previte

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Parental Rage And Violence In Youth Sports: How Can We Prevent Soccer Moms And Hockey Dads From Interfering In Youth Sports And Causing Games To End In Fistfights Rather Than Handshakes, Dianna K. Fiore

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Legal Considerations For Sponsorship Contracts Of Olympic Athletes, Leigh Augustine-Schlossinger

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Entertainment Value Of A Trial: How Media Access To The Courtroom Is Changing The American Judicial Process, Jeffrey S. Johnson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Affairs Of The Heart, Michael T. Flannery

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Increasing Presidential Accountability In Big-Time Intercollegiate Athletics, Rodney K. Smith

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Who Are The Real Victims Of Cild Pornography - After United States V. Sherman, The Answer Is Becoming Clear, Elias Manos

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Hey, Keep Your Link To Yourself - Legal Challenges To Thumbnails And Inline Linking On The Web And The Potential Implications Of A First Impression Decision In Kelly V. Arriba Soft Corp., Brad M. Scheller

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney

Articles

No abstract provided.

Is It Ever Too Late For Innocence? Finality, Efficiency, And Claims Of Innocence, George C. Thomas Iii, Gordon G. Young, Keith Sharfman, Kate B. Briscoe

Faculty Publications

(Excerpt)

[Does it violate the Constitution] to execute a person who, having been convicted of murder after a full and fair trial, later alleges that newly discovered evidence shows him to be "actually innocent." ... [l]t is perfectly clear what the answer is: There is no basis in text, tradition, or even in contemporary practice (if that were enough) for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction.

Justice Scalia, joined by Justice Thomas, concurring in Herrera v. Collins.

Should innocent people be imprisoned as criminals? More …

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Faculty Publications

(Excerpt)

This Article follows in the spirit of Karl Llewellyn and his fellow drafters of the Uniform Commercial Code who sought to transform merchant norms into law. The merchant norms discussed here are the procedures that sophisticated firms contract for to resolve anticipated valuation disputes. The law proposed is a new procedure for resolving valuation disputes based on commercial valuation norms. More specifically, this Article proposes a new default valuation procedure, modeled on the algorithmic valuation clauses commonly used in the contracts of sophisticated firms, that would encourage parties to valuation disputes to introduce more plausible valuations into evidence and …

Agora (Continued): Future Implications Of The Iraq Conflict Editors' Note, Lori Fisler Damrosh, Bernard H. Oxman

Articles

No abstract provided.