Law Commons^™

Tributes To Professor Edward Tomlinson, Karen Rothenberg, David Bogen, Alan D. Hornstein, Gary E. Bair

Maryland Law Review

No abstract provided.

Tributes To Professor Abraham Dash, Karen Rothenberg, Lynne Battaglia, David Bogen, Deborah K. Chasanow

Maryland Law Review

No abstract provided.

Collateral Remedies In Criminal Cases In Maryland: An Assessment, Michael A. Millemann

Maryland Law Review

Millemann surveys the legal remedies that convicted persons in Maryland have, focuses on the remedies provided by the Uniform Post Conviction Procedures Act, identifies several problems with the application of the Act - including the courts' overuse of the waiver provisions and failures to more fully develop and use exceptions to waiver, and argues that state courts have a special responsibility to protect the rights of prisoners given the general disengagement by federal courts.

The Maryland Survey: 2003-2004

Maryland Law Review

No abstract provided.

Reconciling Data Privacy And The First Amendment, Neil M. Richards

Scholarship@WashULaw

This article challenges the First Amendment critique of data privacy regulation–the claim that data privacy rules restrict the dissemination of truthful information and thus violate the First Amendment. The critique, which is ascendant in privacy discourse, warps legislative and judicial processes by constitutionalizing information policy. Rejection of the First Amendment critique is justified on three grounds. First, the critique mistakenly equates privacy regulation with speech regulation. Building on scholarship examining the boundaries of First Amendment protection, this article suggests that speech restrictions in a wide variety of commercial contexts have never been thought to trigger heightened First Amendment scrutiny, refuting …

Disclosure As A Strategy In The Patent Race, Scott Baker, Claudio Mezzetti

Scholarship@WashULaw

Research firms disclose a surprisingly large amount of information to the patent office through “targeted” disclosures, that is, disclosures intended to make the patent office aware of potentially patentable information. Conventional wisdom holds that these disclosures are made for defensive purposes; the disclosing firm does not itself plan to pursue patents related to the disclosed information, so the firm discloses to create prior art that might stop rivals from patenting. But firms have an incentive to disclose even if they intend to pursue patent protection. The reason is that, by making it more difficult to patent, disclosure extends the patent …

Empirically Testing Dworkin's Chain Novel Theory: Studying The Path Of Precedent, Stefanie A. Lindquist, Frank B. Cross

Scholarship@WashULaw

In this article, Professors Lindquist and Cross empirically study the effect of precedent on judicial decision-making. The framework for their analysis is Ronald Dworkin’s “chain novel” metaphor, an influential theory of the role of precedent whose validity has not previously been empirically tested. The chain novel metaphor suggests that the judicial use of precedent can be likened to a group of authors writing a novel seriatim, in which the accumulation of chapters increasingly constrains the choices and freedom of subsequent writers. Precedent is one of the most important areas of legal research, but currently there is no dominant working theory, …

Mediating Norms And Identity: The Role Of Transnational Judicial Dialogue In Creating And Enforcing International Law, Melissa A. Waters

Scholarship@WashULaw

This article proposes a new theory for understanding the emerging transnational judicial dialogue among the world's domestic courts, as well as U.S. courts' potential participation in that dialogue. Existing scholarship has focused almost exclusively on the role of domestic courts in internalizing international legal norms into domestic legal systems. I argue that the relationship between international and domestic legal norms is in fact a co-constitutive, or synergistic, relationship in which domestic courts are becoming active participants in the dynamic process of developing international law. Under this view, transnational judicial dialogue is the engine by which domestic courts collectively engage in …

Should Ideology Matter In Selecting Federal Judges?: Ground Rules For The Debate, Dawn E. Johnsen

Cardozo Law Review

No abstract provided.

Domestic And International Developments Relating To The Death Penalty: Introduction And Remarks, Sandra L. Babcock

Cornell Law Faculty Publications

In recent years, international law has played an increasingly prominent role in the development of death penalty jurisprudence in both domestic and international tribunals. In the United States, the citation of foreign jurisprudence by the Supreme Court in Roper v. Simmons and Atkins v. Virginia has generated an intense debate within the Court, Congress, and the media. In the Caribbean, decisions of the Judicial Committee of the Privy Council and the Inter-American Court on Human Rights have resulted in commutations of numerous death sentences. While abolitionists have celebrated these developments, the death penalty remains a popular sanction, and human rights …

Education And Interrogation: Comparing Brown And Miranda, John H. Blume, Sheri Lynn Johnson, Ross Feldmann

Cornell Law Faculty Publications

Although the Warren Court had its share of grand decisions, perhaps it should be known instead for its grand goals--particularly the goals of ending America's shameful history of segregation and of providing a broad array of constitutional rights to persons accused of committing crimes. Brown v. Board of Education and Miranda v. Arizona, the two most well-known decisions of the Warren Court (and possibly the two most well-known decisions in the history of the Supreme Court), best capture the Court's labor in the rocky fields of our nation's legal, political, and cultural life. In this Article, we explore certain parallels …

Eminent Domain And Secondary Rent-Seeking, Gregory S. Alexander

Cornell Law Faculty Publications

Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane

Villanova Environmental Law Journal (1991 - )

No abstract provided.

In Re Hoery V. United States: Compensating Homeowners For Loss Of Property Value Due To Toxic Pollution Under The Continuing Tort Doctrine, Elizabeth Ann Coleman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Do Recent Studies Prove That Farmed Salmon Are Toxic - A Commentary On Whether The Current Fda Guidelines Adequately Protect Consumers From Potential Toxins In Farmed Salmon, Arthur Cutillo

Villanova Environmental Law Journal (1991 - )

No abstract provided.

This Dog Has Teeth... Cooperative Federalism And Environmental Law, Scott Josephson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

It's Still Here - The Continuing Battle Over Asbestos In America, Jennifer L. Leonardi

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Manacled Octopus: The Unitary Executive And Epa Enforcement Involving Federal Agencies, William C. Tucker

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Rubber-Stamping V. Probing Review - The Judicial Role In Enforcing The Substantive Requirements Of The National Forest Management Act: Lands Council V. Powell, Jamie Kester

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Denying The Environment A Stay Of Execution Is Par For The Course: The Tenth Circuit's Analysis Of The Cwa And Nepa In Greater Yellowstone Coalition V. Flowers, Shaena Doherty

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Bp West Coast Productions, Llc V. Federal Energy Regulatory Commission: Using The Changed Circumstances Threshold For Oil Pipeline Rates To Re-Enforce The Terms Of Epact And To Further Its Policy Objectives, Alexandra Leidesdorf

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Aviall V. Cooper Industries: The Emerging Controversy Behind Cercla's Contribution Provision, Saleel V. Sabnis

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Congress, Cave Bugs, Courts And The Commerce Clause: Did The Fifth Circuit Figure Out How To Regulate Intrastate Activity Under The Endangered Species Act, John Gregory Koch

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability And Compensation Policies In The Context Of Pre-Event Vaccine Immunization Programs, Michael Greenberger

Faculty Scholarship

On July 21, 2004, President Bush signed the Project Bioshield Act, which authorizes the spending of $5.6 billion to advance the development and acquisition of vaccines and other countermeasures to biological agents. While the funding and progress are welcome signs for our national biodefense strategy, the failure of the federal Phase I smallpox vaccination program demonstrated that other serious obstacles remain to the implementation of a successful pre-event vaccine immunization program. Specifically, as demonstrated by a field study of several states' health departments, performed at the ANSER Institute for Homeland Security, the federal government's inability to provide both sufficient liability …

'Global Civil Society': A Sceptical View, Kenneth Anderson, David Rieff

Contributions to Books

American University, WCL Research Paper No. 2008-69 Abstract: The editors of the leading yearbook of global civil society studies offered to the authors of this article an opportunity to present a skeptical account of global civil society as the opening chapter in the 2004/5 yearbook. The article examines the standard account of global civil society as the transnational equivalent, in a globalized world, of civil society in a domestic society, and further as, in Kofi Annan's oft-repeated view, international NGOs as the representatives of the peoples of the world to international organizations such as the UN. The article attacks this …

The "Incomplete Contracts" Literature And Efficient Precautions, Richard Craswell

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 55 Issue 3 (2005)

Case Western Reserve Law Review

No abstract provided.

Adam Smith On The Inevitability Of Price Fixing, Arthur Austin

Case Western Reserve Law Review

No abstract provided.

Comment: Corporate Governance Events: Legal Rules, Business Environment And Corporate Culture, Olufunmilayo B. Arewa

Case Western Reserve Law Review

No abstract provided.