Law Commons^™

The Promise Of Internet Intermediary Liability, Ronald J. Mann, Seth R. Belzley

William & Mary Law Review

The Internet has transformed the economics of communication, creating a spirited debate about the proper role of federal, state, and international governments in regulating conduct related to the Internet. Many argue that Internet communications should be entirely self-regulated because such communications cannot or should not be the subject of government regulation. The advocates of that approach would prefer a no-regulation zone around Internet communications, based largely on the unexamined view that Internet activity is fundamentally different in a way that justifies broad regulatory exemption. At the same time, some kinds of activity that the Internet facilitates undisputedly violate widely shared …

Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia

William & Mary Law Review

The optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific patent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. This omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely the framing of questions of patent infringement and validity. This Article will explore the not-yet-discussed relationship between …

Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger

William & Mary Law Review

No abstract provided.

Boys Will Be Boys: A Social Control Approach To Assessment Of Gender-Based Sentencing Disparity In Norfolk Circuit Court Cases, Fay F. Spence

Sociology & Criminal Justice Theses & Dissertations

This study evaluated the relationship between gender and sentencing severity for defendants convicted of violent crimes, victimless crimes, and theft crimes in Norfolk Circuit Court during 2001 and 2002. Based upon social control theories, the author hypothesized that women receive harsher penalties than men for violent crimes and victimless crimes, but that men receive harsher penalties for theft crimes. To test these hypotheses, the author relied, in part, upon data collected by the Norfolk Commonwealth Attorney's office on 3368 criminal cases filed in 2001 and concluded by May 22, 2002. After eliminating cases not pertinent to the study, the data …

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

The Public Trust Doctrine, Parens Patriae, And The Attorney General As The Guardian Of The State’S Natural Resources, Allan Kanner

Duke Environmental Law & Policy Forum

No abstract provided.

Foreword: Global Governance As Administration — National And Transnational Approaches To Global Administrative Law, Benedict Kingsbury, Nico Krisch, Richard B. Stewart, Jonathan B. Wiener

Law and Contemporary Problems

No abstract provided.

The Rule Of (Administrative) Law In International Law, David Dyzenhaus

Law and Contemporary Problems

No abstract provided.

Divergent Legal Conceptions Of The State: Implications For Global Administrative Law, Janet Mclean

Law and Contemporary Problems

No abstract provided.

Decentralized Administrative Law In The Organization For Economic Cooperation And Development, James Salzman

Law and Contemporary Problems

No abstract provided.

The Interplay Between Actors As A Determinant Of The Evolution Of Administrative Law In International Institutions, Eyal Benvenisti

Law and Contemporary Problems

No abstract provided.

“Deliberative,” “Independent” Technocracy V. Democratic Politics: Will The Globe Echo The E.U.?, Martin Shapiro

Law and Contemporary Problems

No abstract provided.

The Art Of Indirection, Elizabeth Fajans, Mary R. Falk

Faculty Scholarship

No abstract provided.

An Analysis Of The Effects On Parties' Unionization Decisions Of The Choice Of Union Representation Procedure: The Strategic Dynamic Certification Model, Sara Slinn

Osgoode Hall Law Journal

This article proposes a new theoretical framework-the strategic dynamic certification model-to explain how union certification processes operate. Statutory certification procedures are not neutral. Instead, they produce particular incentives, disincentives, and opportunities for employers, unions, and employees, and these affect the outcomes of the procedure. Empirical evidence confirms this model's ability to analyze the certification process and the outcomes of unionization attempts. In particular, this model explains why the change from a card-check to a mandatory representation vote encourages unlawful employer conduct, enhances the effectiveness of union avoidance activities, and deters employee participation in the unionization decision. The article concludes that, …

H. L. A. Hart: A Life In The Perspective Of Law And Philosophy; A Life Of H. L. A.: The Nightmare And The Noble Dream, By Nicola Lacey, Keith Culver

Osgoode Hall Law Journal

No abstract provided.

Transaction Surveillance By The Government, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This symposium article is the second of two on regulation of government efforts to obtain recorded information for criminal prosecutions. More specifically, it explores the scope and regulation of "transaction surveillance," which it defines as government attempts to access already existing records, either physically or through data banks, and government efforts to obtain, in real-time or otherwise, "catalogic data" (the identifying signals of a transaction, such as the address of an email recipient). Transaction surveillance is a potent way of discovering and making inferences about a person's activities, character and identity. Yet, despite a bewildering array of statutorily created authorization …

Adverse Possession Of Identity: Radical Theory, Conventional Practice, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

This Article examines the conditions under which acting as if one has a particular legal status is sufficient to secure that status in the eyes of the law. Legal determinations of common-law marriage, functional parenthood, and racial identity share striking similarities to adverse possession law – these doctrines confer legal status on those who are merely acting as if they have that legal status. In each case, the elements of a legal claim are strikingly similar: physical proximity, notoriety and publicity, a claim of right, consistent and continuous behavior, and public acquiescence. The reason public performance is critical is that …

The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton

Vanderbilt Law School Faculty Publications

The creation of the Iraqi Special Tribunal in December 2003 by Iraqi authorities who were at the time under the legal occupation of the Coalition Provisional Authority marked the emergence of a new form of internationalized domestic tribunals. The Iraqis succeeded in incorporating the full range of modern crimes into their domestic codes alongside some carefully selected domestic offenses, while amending domestic procedural law in some key ways to align the process with established international law related to the provision of full and fair trials. The subsequent investigations and the beginning of trial proceedings generated major debates about the legitimacy …

How "Mead" Has Muddled Judicial Review Of Agency Action, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

In "United States v. Mead Corp.", the Supreme Court held that an agency is entitled to Chevron deference for interpretations of ambiguous statutory provisions only if Congress delegates, and the agency exercises, authority to issue such interpretations with "the force of law." The Court did not define "force of law," and thus did not determine what type of agency procedures fit within Mead. Four years have passed since the Court decided Mead, and despite numerous Court of Appeals decisions, we still do not know when an agency is entitled to Chevron deference for interpretations issued through procedures less formal than …

Symposium: International Legal Dimensions Of Art And Cultural Property, Jeffrey Schoenblum

Vanderbilt Law School Faculty Publications

The market for art and cultural property is international. Demand is intense and not particularly local in terms of consumer preference. Supply responds to this intense international demand. Like most anything else, art finds its way to whomever is prepared to pay for it. Regulation affects how it arrives at its ultimate destination, but generally does not prevent it from getting there. Apart from this international market, legal and policy aspects of art and cultural property have a distinctly international flavor due to historical circumstance. Since many works over time have been removed from their source by way of conquest, …

Toward A Common Law Of Ecosystem Services, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article suggests ways in which the common law can integrate concepts of ecosystem services to fulfill pragmatic objectives of common law doctrine. Rather than requiring a radical departure from traditional common law doctrine as is often proposed in environmental literature on the common law, ecosystem services can fold seamlessly into existing common law principles as a source of new knowledge and changed circumstances.

Pioneering Change In The Centennial Year, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

Testing Jury Reforms, Valerie P. Hans, B. Michael Dann, David H. Kaye, Erin J. Farley, Stephanie Albertson

Cornell Law Faculty Publications

DNA evidence has become a key law enforcement tool and is increasingly presented in criminal trials in Delaware and elsewhere. The integrity of the criminal trial process turns upon the jury's ability to understand DNA evidence and to evaluate properly the testimony of experts. How well do they do? Can we assist them in the process?

Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law, Laura A. Dickinson

William & Mary Law Review

No abstract provided.

An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock

William & Mary Law Review

No abstract provided.

Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne

William & Mary Bill of Rights Journal

No abstract provided.

How "Mead" Has Muddled Judicial Review Of Agency Action, Lisa S. Bressman

Vanderbilt Law Review

When the Supreme Court decided United States v. Mead Corp. four years ago, Justice Scalia predicted that judicial review of agency action would devolve into chaos. This Article puts that prediction to the test by examining the court of appeals decisions applying the decision. Justice Scalia actually understated the effect of Mead. This Article suggests a remedy for the mess.

In Mead, the Court held that an agency is entitled to deference under Chevron, U.S.A., Inc. v. NRDC only if Congress has delegated to that agency the authority to issue interpretations that carry the force of law, and the agency …

Symbiotic Federalism And The Structure Of Corporate Law, Marcel Kahan, Edward Rock

Vanderbilt Law Review

Enron. Worldcom. Adelphia. Global Crossing. Tyco. Corporate scandals have made the front pages. Congress has gotten in the act. Members have held numerous hearings, given speeches, and, ultimately, passed the Sarbanes-Oxley Act. The Securities and Exchange Commission ("SEC") has been busy writing regulations and leaning on the stock exchanges to modify their listing requirements, all in order to restore "investor confidence." Federal prosecutors have indicted executives of Enron, Worldcom, and Adelphia and their minions in the auditing and investment banking industries. State officials have also been active. Several states have passed statutes that resemble or go beyond the strictures of …

Class Schedule - Fall 2005, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Point Allocation History For Fall Semester 2005, Office Of Registrar

Semester Schedules and Information

No abstract provided.