Law Commons^™

Wi-Fi Everywhere: Universal Broadband Access As Antitrust And Telecommunications Policy, Hannibal Travis

American University Law Review

No abstract provided.

Addressing Perceptions Of Procedural Unfairness In Compulsory Unitization By Appointing Neutral Experts, Gideon Wiginton

American University Law Review

No abstract provided.

No Relief: Understanding The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Through The Rights/Remedies Framework, Tritia L. Yuen

American University Law Review

No abstract provided.

The Bapcpa's Chilling Effect On Debtor's Councel, Alan Eisher

American University Law Review

No abstract provided.

The Implications Of The Third Circuit's Armstrong Decision On Creative Corporate Restructuring: Will Strict Construction Of The Absolute Priority Rule Make Chapter 11 Consensus Less Likely?, Harvey R. Miller, Ronit J. Berkovich

American University Law Review

No abstract provided.

The New Journalism? Why Traditional Defamation Laws Should Apply To Internet Blogs, Melissa A. Troiano

American University Law Review

No abstract provided.

Pharmacy Conscience Clause Statutes: Constitutional Religious "Accommodations" Or Unconstitutional "Substaintial Burdens" On Women?, Melissa Duvall

American University Law Review

No abstract provided.

A Few Lines, David G. Epstein

American University Law Review

No abstract provided.

Testing The Limits Of Statutory Construction Doctrines: Deconstructing The 2005 Bankruptcy Act, John Rao

American University Law Review

No abstract provided.

The California Missions Preservation Act: Safeguarding Our History Or Subsidizing Religion?, Stacey L. Mahaney

American University Law Review

No abstract provided.

The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell

American University Law Review

No abstract provided.

Patent Law Decisions Of The Federal Circuit, Sasha Mayergoyz, Michael F. Harte, David Mckone, Amanda J. Hollis, Peter Moore, Jennifer L. Travers

American University Law Review

No abstract provided.

2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird

American University Law Review

No abstract provided.

Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook

American University Law Review

No abstract provided.

Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets

American University Law Review

No abstract provided.

Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets

American University Law Review

No abstract provided.

Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook

American University Law Review

No abstract provided.

Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum

American University Law Review

No abstract provided.

Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum

American University Law Review

No abstract provided.

Standard Of Care For Residents And Other Medical School Graduates In Training, Joseph H. King

American University Law Review

No abstract provided.

“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll

American University Law Review

Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. In the modern context, it is clear that innovators' needs for intellectual property protection vary substantially across industries and among types of innovation. Applying a socially costly, uniform solution to problems of differing magnitudes means that the law necessarily imposes uniformity cost by underprotecting those who invest in certain costly innovations and overprotecting those with low innovation costs or access to alternative appropriability mechanisms. This Article argues that reducing uniformity cost is the central problem for intellectual …

Improving The Rolling Contract, Stephen E. Friedman

American University Law Review

This article addresses the increasingly common problem of buyers finding important contract terms inside the box of a newly purchased item instead of learning about them before or during purchase. The failure of courts to develop a satisfactory approach to deciding which contact terms sellers may provide after purchase is of great significance in light of the rapid proliferation of rolling contracts. In this article, Friedman proposes a mechanism that will ensure that sellers have the flexibility to defer presentation of some terms but that will also protect purchasers against the unfair imposition of unexpected and important terms arriving at …

The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding

American University Law Review

Brain-damaged defendants are seen everyday in American courtrooms, and in many cases, their criminal behavior appears to be the product of extremely poor judgment and self-control. Some have a disorder in the frontal lobes, the area of the brain responsible for judgment and impulse control. Yet because defendants suffering from frontal lobe dysfunction usually understand the difference between right and wrong, they are unable to avail themselves of the only insanity defense available in many states, a defense based on the narrow McNaghten test. "Irresistible impulse" (or "control") tests, on the other hand, provide an insanity defense to those who …

Case For A.U. (Accountable Universities): Enforcing University Administrator Fiduciary Duties Through Student Derivative Suits, Sarah R. Kusiak

American University Law Review

This Comment examines issues of charitable fiduciary enforcement in the context of private universities. Part I reviews the law of charitable entities, the rationale behind attorney general charitable enforcement, and the failures of that enforcement regime. It also examines generally the private charitable enforcement options of special interest standing and nonprofit member derivative suits. Part II examines these issues in the context of the private university, and details why student attempts to enforce the fiduciary duties of university administrators under the special interest doctrine have failed. Part III argues for the judicial recognition of a university student derivative cause of …

Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan

American University Law Review

This Comment argues that though the doctrine of forfeiture by wrongdoing allows a court to forfeit both a defendant’s right to object to the admission of hearsay statements and the right of confrontation, the current state of the law requires all out-of-court statements admitted under Rule 804(b)(6) to possess some level of reliability in order to satisfy due process. Part I of this Comment discusses the doctrine of forfeiture by wrongdoing, the courts’ treatment of this principle prior to 1997, and its codification into the Federal Rules of Evidence. Part II looks at Confrontation Clause issues unique to hearsay exceptions …

Restoring Trust In Corporate Directors: The Disney Standard And The New Good Faith, Sarah Helene Duggin, Robert M. Goldman

American University Law Review

The purpose of this Article is to explore the parameters and potential impact of the good faith standard articulated in Disney V and clarified in Stone. Part I begins with a brief review of the historical impact of the tension between entrepreneurial freedom and managerial accountability, and Part II explains why the Disney standard differs significantly from the traditional understanding of good faith as the absence of subjective bad faith. Part III points out that the court’s use of the language of bad faith to articulate the new good faith may undercut the effectiveness of the standard. It urges further …

Minority Investor Protections As Default Norms: Using Price To Illuminate The Deal In Close Corporations, Robert C. Illig

American University Law Review

This Article argues that legal protections for minority investors in close corporations should be interpreted as default rules. Currently, such protections are mandatory and thus impose on investors a uniform norm of conduct that restricts their freedom to bargain. Courts and scholars advocating such protections have so far been unwilling to permit their waiver primarily because of the difficulty of distinguishing between a knowledgeable waiver and an ignorant omission.

A price-based approach solves that puzzle, however, by using the consideration paid by investors to illuminate their intentions. By permitting waiver only where there is clear evidence that the minority received …

Separate But Taxed: A Rejection Of The Steamlined Sales Tax Project Through A Commerce Clause And Federalist Analysis, Gregory R. Evans

American University Law Review

Sales and use taxes, which are levied by forty-five states, have long been an important source of revenue for state and local governments. The rigid structure of these long-standing taxes, however, has been strained by the rapid evolution of the online economy. As a result, the Multistate Tax Commission (“MTC”) devised a plan, the Streamlined State Sales Tax Project (“STP”), to recapture some of the revenue that state and local governments might otherwise lose as consumer purchases migrate from local retailers to online sellers. This plan, approved reciprocally by the states, but not by Congress, was designed by state legislators …

Supreme Court Watch: Upcoming Criminalcases On The 2006-2007 Docket, Criminal Law Brief

American University Criminal Law Brief

No abstract provided.

Letter From The Editor, Laurita M. Denny

American University Criminal Law Brief

No abstract provided.