Law Commons^™

Unmasking The John Does Of Cyberspace: Surveillance By Private Copyright Owners, Amy Min-Chee Fong

Canadian Journal of Law and Technology

The goals of this paper are to: (1) explore the expectations of cyberspace privacy in a peer-to-peer context; (2) examine the consequences to Internet users arising from the surveillance tactics of private copyright owners; and (3) discuss possible ways in which a balance can be achieved between privacy and intellectual property rights. Part II of this paper sets out the meaning of information privacy, discusses the widespread use of peer-to-peer networks for trading copyrighted content, and examines the expectations of privacy in peer-to-peer networks. Part III discusses the surveillance tactics of private copyright owners, and explains how the surveillance of …

What The Dormouse Said: How The Sixties Counterculture Shaped The Personal Computer By John Markoff (New York: Penguin, 2005), Vaughan Black

Canadian Journal of Law and Technology

What the Dormouse Said is the revisionary back- story of Silicon Valley; in particular, the roots of the current model of human interface with personal com- puters (video screen, keyboard, mouse) and the early stabs at creating the Internet. Markoff is a long-standing hi-tech reporter for the New York Times who, over the past 20 years, has co-written three computer-related books. In Dormouse, his fourth book (but first solo effort), he takes us back to the pre-ironic age — ‘‘the Flintstones era of computers’’ — when batch processing and beatniks still roamed the earth. His claim is that the various …

Legal Restrictions On Transborder Data Flows To Prevent Government Access To Personal Data: Lessons From British Columbia, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, Gabriel Eckstein

Faculty Scholarship

When the U.N. General Assembly adopted the Convention on the Non-Navigational Uses of International Watercourses in 1997, it took a decisive step in recognizing the important role that transboundary ground water resources play in human progress and development. In so doing, it also acknowledged the need to establish principles of law governing this "invisible" but valuable natural resource. Transboundary ground water historically has been neglected in treaties, ignored in projects with international implications, and cursorily misunderstood in much of legal discourse.

While the Convention provides substantial clarification on the status of ground water under international law, it also leaves considerable …

Report Of The Law Reform Committee On Pre- And Post-Judgement Interest, Tiong Min Yeo, Wai Yee Wan, Joyce Chao, Julie Huan, Vincent Leow, Sriram Chakravarthi

Research Collection Yong Pung How School Of Law

No abstract provided.

Pets Or Meat, Mary Anne Case

Public Law and Legal Theory Working Papers

No abstract provided.

The Phantom Philosophy? An Empirical Investigation Of Legal Interpretation, William K. Ford, Jason J. Czarnezki

Public Law and Legal Theory Working Papers

This Article tests a model of judicial decisionmaking that incorporates elements of both the attitudinal model and the legal model, along with measures of collegiality and other variables. We develop a measure of interpretive philosophy relying primarily on judicial opinions, which we code for certain indicators of traditional interpretive approaches (i.e., the use of interpretive tools). The critical question is whether judges with similar interpretive philosophies are more likely to agree with one another when deciding cases. Our general finding is that ideology and interpretive philosophy are not significant predictors of agreement. Instead, experience on the bench together is a …

Emergencies And Democratic Failure, Eric A. Posner, Adrian Vermeule

Public Law and Legal Theory Working Papers

Critics of emergency measures such as the U.S. government’s response to 9/11 invoke the Carolene Products framework, which directs courts to apply strict scrutiny to laws and executive actions that target political or ethnic minorities. The critics suggest that such laws and actions are usually the product of democratic failure, and are especially likely to be so during emergencies. However, the application of the Carolene Products framework to emergencies is questionable. Democratic failure is no more likely during emergencies than during normal times, and courts are in a worse position to correct democratic failures during emergencies than during normal times. …

Executive Exposure: Government Secrecy, Constitutional Law, And Platforms For Judicial Elaboration, Adam M. Samaha

Public Law and Legal Theory Working Papers

American law never reached a satisfying conclusion about public access to information on government operations. But recent events are prompting reconsideration. As our current system is reassessed, three shortfalls in past debates should be overcome. The first involves ignorance of foreign systems. Other democracies grapple with information access problems, and their recent experiments are illuminating. Indeed they expose two additional domestic weaknesses. One is a line we have drawn within constitutional law. Courts and commentators tend to treat constitutional issues of public access separately from those of executive discretion to withhold information. These matters should be seen as parts of …

Absolute Voting Rules, Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.

What’S In A Word? Can “Marriage” Mean Something It Never Meant Before?, Deanna M. Stathis

ExpressO

In the article I explore the clash of the two disciplines—lexicography and law—when courts and legislatures invoke lexicography to address and solve legal issues that are driven by societal concerns. I address, specifically, the marriage debate. I describe the process of dictionary making and some of the basic tenets of lexicography, and the historical role of lexicography in law. I point out what I perceive as misunderstandings, in judicial opinions and scholarly articles, on the subject of lexicography. I discuss how words gain new meanings (and how they do not) and how, when, and by whom their definitions are changed. …

New Governance And Soft Law In Health Care Reform, Louise G. Trubek

ExpressO

A contemporary health care reform is underway, associated with a set of reformers who are active nationally and locally at the doctor/patient level, the health care institution level, and the policy level. This reformist energy is associated with processes in law and policy that can be called new governance and soft law. These processes are different from previous understandings of how health care can be governed, such as self-regulation, market forces, and new deal command and control regulation. These processes are taking hold and are visible in the public and private sectors and through out the health care industry. The …

Najar V. State Of Israel, Elyakim Rubinstein, Miriam Naor, Yonatan Adiel

Translated Opinions

Facts: The appellant, a Bedouin, stabbed his sister to death. Initially, he said that the reason why he did this was that his sister, who was unmarried, intended to travel alone to Egypt, and this would dishonour the family. At his trial, the appellant testified that in addition his sister had made a statement questioning his paternity of his children. The appellant claimed that the killing of his sister was the result of provocation, and therefore he should be convicted of manslaughter rather than murder. Inter alia he argued that the court should take into account the fact that in …

Universal Human Rights: Moral Order In A Divided World, David Reidy, Mortimer N.S. Sellers

Books

Universal Human Rights brings new clarity to the important and highly contested concept universal human rights. The Charter of the United Nations commits nearly all nations of the world to promote, to realize and take action to achieve human rights and fundamental freedoms for all, yet this formal consensus masks an underlying confusion about the philosophical basis and practical implications of rights in a world made up of radically different national communities. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement and limits, concluding that shared rights help to …

Summary Of Whisler V. State, 121 Nev. Adv. Op. 40, Jared R. Gibb

Nevada Supreme Court Summaries

The defendant, Douglas Whisler, appealed his conviction for driving while under the influence of controlled substances or chemicals.

Summary Of Lee V. Ball, 121 Nev. Adv. Op. 38, Jared R. Gibb

Nevada Supreme Court Summaries

This case involved an appeal from a district court judgment in a personal injury case, entered pursuant to a jury verdict which initially awarded the plaintiff $1,300 in damages. The plaintiff subsequently requested a new trial or, in the alternative, additur. The district court awarded the plaintiff an additur of $8,200 and prejudgment interest, without offering the defendant a new trial on damages.

Virginia Bar Exam, July 2005, Section 2

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, July 2005, Section 1

Virginia Bar Exam Archive

No abstract provided.

Rethinking Rights In Biospace, Robin C. Feldman

ExpressO

Twenty-five years ago, Federal courts opened the door to the biotechnology revolution by granting patents on genetic inventions. The nature of such inventions, however, increasingly conflicts with the implications of rules created for mechanical products. In particular, across five disparate doctrines, courts are struggling with the question of whether the definition of a biotech invention should include things beyond the state of the art at the time of the invention. Reaching beyond the state of the art may make sense for mechanical inventions, but it is wreaking havoc in doctrines related to biotechnology.

A doorknob is a doorknob, regardless of …

The Medieval Blood Sanction And The Divine Beneficence Of Pain: 1100 - 1450, Trisha Olson

ExpressO

No abstract provided.

Bilateralism Under The World Trade Organization, Y.S. Lee

ExpressO

This paper addresses fundamental issues in the legal framework for international trade today, namely the proliferation of bilateralism under the multilateral framework of the GATT/WTO system. The GATT/WTO system requires non-discriminatory treatment in trade relations among all nations, but bilateral/regional trade arrangements that provide exclusive trade preferences have increased in recent years. This paper examines the consistency of these bilateral/regional arrangements with the requirements of WTO disciplines and explores the ways to achieve convergence between bilateralism and multilateralism in international trade today.

Biblical Biopolitics: Judicial Process, Religious Rhetoric, Terri Schiavo And Beyond, Josh E. Perry

ExpressO

While a recent flurry of academic and popular attention has been focused on the saga of Terri Schiavo, this Article begins by presenting the legal doctrine and established bioethical consensus regarding autonomy and guardianship law in the context of end-of-life/PVS disputes. Next, this Article provides a comprehensive examination of the judicial proceedings in Mrs. Schiavo’s case, as well as an analysis of the Religious Right activism that brought this case international attention and unprecedented involvement by all three branches of government at both the federal and state level. In response to widespread confusion, even among the legal community, and outright …

Law As A Healing Profession: The “Comprehensive Law Movement”, Susan Daicoff

ExpressO

No abstract provided.

Mental Health And Juvenile Justice: Moving Toward More Effective Systems Of Care, Jane Koppelman

National Health Policy Forum

This issue brief discusses the mental health needs of youth who are involved with the juvenile justice system, how they come into contact with the system, and the evidence of the availability and quality of mental health services for such youth. The paper also explores public policy options for avoiding dependence on the juvenile justice system as a last resort for treating youth with mental disorders.

A Foundation For International Taxation: The Institutional Competence Of Nations, Eric T. Laity

ExpressO

This Article proposes a conceptual foundation for the field of international tax law. The Article refers to this foundation as the institutional competence of nations in global economic development. A nation’s institutional competence is its discretion to make decisions in pursuit of our collective goal of global economic development, discretion that is subject to a number of standards and limitations.

The Article constructs the institutional competence of nations in global economic development from institutional economics, simple game theory, and the literature on social norms. The Article expresses the institutional competence of nations through standards and limitations that reduce the abuse …

Tragedy & Remedy: Black Reparations For Racial Disparities In Health, Kevin Outterson

ExpressO

This Article makes unique and powerful contributions to Black reparations, health care law, biomedical and social science research into racial disparities in health, and critical race theory.

The starting point is the tragedy of Black health in America, with dramatically higher death rates and shorter life expectancies. Current research is ill-equipped to consider the deeper historical roots of Black health disparities; while the development of racially-specific therapies (such as the FDA’s approval in July 2005 of BiDil, a heart drug for Blacks) actually contributes to racial profiling in medicine. Biomedical research has a race problem.

The Black reparations movement suffers …

Better To Give Than To Receive: Evaluating Recent Ip Donation Tax Policy Changes, Don Macbean

Duke Law & Technology Review

Over the past decade, charitable contributions of intellectual property have grown rapidly. This growth has coincided with tremendous abuse as firms have sought inflated valuations of donated intellectual property in order to claim larger tax deductions. In 2004, Congress responded by passing section 882 of the American Jobs Creation Act, which drastically changed the rules governing donations of intellectual property. This iBrief argues that Congress, in addressing overvalued intellectual property donations, went too far in its efforts by failing to fully consider the importance of positive donor incentives. After discussing other proposed policies, this iBrief suggests a hybrid policy that …

Thwart A Tyrant By Resolving Land Crisis, Bernadette Atuahene

All Faculty Scholarship

No abstract provided.

House Resolution On The Appropriate Role Of Foreign Judgments In The Interpretation Of The Constitution Of The United States: Hearing Before The Subcommittee On The Constitution, House Committee On The Judiciary, 109th Cong., July 19, 2005 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

House Resolution On The Appropriate Role Of Foreign Judgements In The Interpretation Of The Constitution Of The United States: Hearing Before The Subcomm. On The Constitution, H. Comm. On The Judiciary, 109th Cong., July 19, 2005 (Statement Of Nicholas Quinn Rosenkranz, Prof. Of Law, Geo. U. L. Center), Nicholas Quinn Rosenkranz

Testimony Before Congress

No abstract provided.