Law Commons^™

Journal Staff

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Musical Copyright Law: Past, Present And Future Of Online Music Distribution, Robert J. Delchin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

In Praise Of A Skeletal Apa: Judicial Discretion, Remedies For Agency Inaction And Apa Amendment, William D. Araiza

Faculty Scholarship

No abstract provided.

Whistleblowing And The Public Director: Countering Corporate Inner Circles, James A. Fanto

Faculty Scholarship

No abstract provided.

First Amendment Decisions - 2002 Term, Joel Gora

Faculty Scholarship

No abstract provided.

Pernicious Ambiguity In Contracts And Statutes, Lawrence Solan

Faculty Scholarship

No abstract provided.

Introduction: The New Economy And The Unraveling Social Safety Net, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Of Bakke's Balance, Gratz And Grutter: The Voice Of Justice Powell, Paul R. Baier

Journal Articles

No abstract provided.

Health Care's "Thirty Years War": The Origins And Dissolution Of Managed Care, Edward P. Richards, Thomas R. Mclean

Journal Articles

No abstract provided.

Administrative Compensation For Medical Malpractice Injuries: Reconciling The Brave New World Of Patient Safety And The Torts System, Edward P. Richards, Thomas R. Mclean

Journal Articles

No abstract provided.

A Cruel Trilemma: The Flawed Political Economy Of Remedies To Wto Subsidies Disputes, Michael Showalter

Vanderbilt Journal of Transnational Law

This Note examines the effectiveness of the World Trade Organization at remedying disputes involving trade subsidies. The WTO as created in the Uruguay Round was the first multilateral trade institution that included prohibitions against trade subsidies of a more-than-aspirational nature that were agreed to by most states in the world community. The WTO was thus envisioned as ushering in an era where subsidies had significantly less detrimental effects on the international economic community.

This Note seeks to evaluate the effectiveness of the WTO's subsidy provisions through analyses of decisions in early WTO jurisprudence. These decisions will be evaluated, in part, …

The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart

Vanderbilt Journal of Transnational Law

Although the World Trade Organization (WTO) is one of the most significant international institutions, its function, domain, and legitimacy are still heavily contested. The Author examines the history of the founding of the General Agreement on Tariffs and Trade (GATT), the WTO's predecessor, to see what history reveals about the role that GATT was originally expected to fulfill. The Author's interpretive examination shows that GATT's founders recognized that trade policy must be internationalized in order to give one country an opportunity to participate in the policy-making of other countries; otherwise, a county can impose costs on other countries without representation …

Lay Participation In The Japanese Justice System, Kent Anderson, Mark Nolan

Vanderbilt Journal of Transnational Law

The Authors introduce and critique Japan's proposed quasi-jury or lay assessor system (saiban-in seido). The proposed mixed-court will have judges and lay people deciding together both guilt and sentences in serious criminal cases. Its proponents have promised that the lay assessor system will produce better justice in the courts and a more democratic society for Japan. The Authors first expose the competing interests in the lay assessor drafting process, examining their subtly but importantly varied proposals. Second, the Authors historically review lay participation in Japan, arguing that it has failed to deliver better justice and more democracy because the existing …

Jurisdictional Theory "Made In Japan": Convergence Of U.S. And Continental European Approaches, Akihiro Hironaka

Vanderbilt Journal of Transnational Law

Recent Japanese cases concerning international jurisdiction illustrate a convergence of two distinct legal approaches to the treatment of jurisdictional issue--a rule-based, inflexible approach in Continental European countries and a standard-based, flexible approach in the United States. Japan's unique framework, as explained in this Article, might provide a useful perspective to solve the difficult question currently imposed on the Hague Conference: How is it possible to achieve comprehensive harmonization of the jurisdictional systems of the world?

Demos, Nomos And Globalization, Paolo G. Carozza

Book Chapters

It is a great privilege to comment on a paper that, like so much of Professor Weiler’s work, is brilliant not only in its intellectual scope but also in the underlying humanity of its vision. His basic thesis is indisputable. International law is indeed an exercise in governance that increasingly generates problems of legitimacy, especially because it governs without the ontological premises of democracy – it has no government and no demos. In the face of this problem, Weiler urges us to seek ‘alternative legitimating devices’. I would like to offer a modest comment on this thesis by making three …

Internet Domain Name Disputes: Working Toward A Global Solution, Sue Ann Mota

Computer Law Review and Technology Journal

The Internet is essential to the growth of the global economy and the Domain Name System is essential to accessing sites on the Internet. Over 170 registrars are accredited to issue top-level domains, such as .com, .net, and .org. Frequently, however, disputes arise over who should own a particular domain name. The Internet Corporation for Assigned Names and Numbers (ICANN) has adopted a Uniform Domain Name Dispute Resolution Policy (UDRP) to address these disputes. ICANN has approved four dispute resolution service providers that are currently handling domain name disputes. This article will examine the success rate of complaints, the elements …

When The Americans With Disabilities Act Goes Online: Application Of The Ada To The Internet And The World Wide Web, Steven Mendelsohn, Martin Gould

Computer Law Review and Technology Journal

Over the past decade, the emergence of electronic communication, Internet technology, and the World Wide Web has dramatically altered the lifestyles of many Americans and has affected the lives of us all. As a result of these technologies, society has experienced great transformation and has had to confront new opportunities and challenges and make many adjustments to accommodate these new developments.

American law has struggled to stay current with the new technology. In attempting to stay current and adapt to the new technology, the law has followed two lines of development. First, laws are passed to deal with new issues …

The Coalition For Consumer Bankruptcy Debtor Education: A Report On Its Pilot Program, Susan Block-Lieb, Corinne Baron-Donovan, Karen Gross, Richard Wiener

Faculty Scholarship

No abstract provided.

Thumbs Up For Biometric Authentication!, Gwen "Wendy" Kennedy

Computer Law Review and Technology Journal

For years, biometric authentication devices, such as palm print devices, retinal scanners and facial recognition technology, were things only seen in science fiction movies. But, in recent years, fiction and reality have been on a collision course. Government laboratories and defense installations have utilized these biometric authentication devices for decades, but commercial applications did not exist until more recently. This delay was caused in part by the high cost of these devices and the legal uncertainty surrounding their use in the commercial realm. However, these concerns have vanished and due to the growing instances of identity theft, the timing for …

The Decss Trade Secrets Case: Dvd Copy Control Association, Inc. V. Bunner, Brooks W. Taylor

Computer Law Review and Technology Journal

Bad facts make bad law. In DVD Copy Control Association, Inc. v. Bunner, the California Supreme Court addressed a sympathetic plaintiff suing a group of hackers for ignoring the terms of a click wrap license and reverse engineering trade secrets from a computer program. To ensure that justice prevailed, the court held that a preliminary injunction against re-posting computer code containing those purported trade secrets was not a prior restraint on speech, but rather was content-neutral. In the trial court, despite the fait accompli of the computer code's Internet release to the hacker community, the court implausibly found that …

Research Tax Credit : Statutory Construction, Regulatory Interpretation And Policy Incoherence, David L. Cameron

Computer Law Review and Technology Journal

Section 41 of the Internal Revenue Code establishes a research tax credit in connection with "qualified research expenses" and "basic research payments," frequently referred to as the incremental research credit and the basic research credit, respectively. The incremental research credit is equal to 20 percent of the qualified research expenses for the tax year in excess of a base amount, and the basic research credit is equal to 20 percent of any basic research payments in excess of a base amount. The purpose of the credit is to provide an incentive for increased research activities in the private sector.

The …

Research And Development Deliverables Under Government Contracts, Grants, Cooperative Agreements And Cradas: University Roles, Government Responsibilities And Contractor Rights, Danielle Conway-Jones

Computer Law Review and Technology Journal

More than anything, the United States Government is committed to research and development that will ensure America's position as the leader of nations. Nowhere is this truer than in the development of weapons and weapons systems, for these have, until recently, been the tools of superiority. From the tanks of World Wars I and II, to the guided weapons systems of today, to the unmanned fighting and space exploration vehicles of tomorrow, continued superiority of this nation will depend heavily upon the research and development of new technologies and innovation that must have dual uses for both the military and …

Recent Developments In Digital Copyright-The Internet Music Cases, Herbert J. Hammond, Corey Weinstein

Computer Law Review and Technology Journal

Music sharing on the Internet has been a hotly debated topic in the last five years. Music sharing advocates claim that people should have the right to trade music that they have rightfully purchased. Opponents of this practice argue that swapping songs destroys the music industry and violates copyright law. While this debate has raged and the courts have taken up the issue, the file-swapping phenomenon has brought significant, unanticipated changes to the recording industry and to the ways consumers buy music.

On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens

Articles

No abstract provided.

Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International And Mexican Law, Roberto Rosas

Faculty Articles

No abstract provided.

Evidentiary Tactics: Selecting The “Best” Evidence To Simplify The Case, Edward J. Imwinkelried, David A. Schlueter

Faculty Articles

In the early 1990s, the American Bar Association Special Committee on Jury Comprehension released the results of surveys of jurors. These jurors had participated in complex federal and state cases. The researchers asked the jurors what complaints they had against the attorneys who had tried the cases. By a wide margin, the primary complaint was that the litigators went overboard and swamped the jury with information, particularly an excessive number of exhibits.

At trial, the attorney must exorcise the demons of complexity and confusion. There are strategies and tactics that should be employed to reduce cases to manageable portions that …

Law And Bioterrorism By Victoria Sutton (Book Review), Jeffrey F. Addicott

Faculty Articles

The best primer for constructing a legal framework surrounding bioterrorism is a wonderfully researched and incisive book by Professor Victoria Sutton. Sutton brings a vast background of experience and expertise to her book, titled Law and Bioterrorism, which is in fact the first legal textbook in the field of law and bioterrorism.

The book begins with a brief examination of the history of law and bioterrorism, from ancient biological warfare to modern times. Drawing upon the lessons of this history, Sutton discusses historical events such as the use of anthrax in World War I, and further examines the rapidly growing …

The Irrelevance Of State Corporate Law In Governance Of Public Companies, J. Robert Brown Jr.

University of Richmond Law Review

No abstract provided.

State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard

University of Richmond Law Review

No abstract provided.