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Articles 1 - 26 of 26
Full-Text Articles in Law
Book Review (Reviewing Petros C. Mavroidis & Alan O. Sykes, The Wto And International Trade Law: Dispute Settlement (2005)), Sungjoon Cho
Book Review (Reviewing Petros C. Mavroidis & Alan O. Sykes, The Wto And International Trade Law: Dispute Settlement (2005)), Sungjoon Cho
All Faculty Scholarship
Professors Petros Mavroidis and Alan Sykes have produced a dependable compendium on the WTO dispute settlement system. The book consists of six parts corresponding to six critical issues in the field; namely: (1) the function of the WTO dispute settlement system, (2) the standard of review, (3) remedies, (4) participation, (5) unilateral enforcement, and (6) governance. In each part, they carefully selected representative and informative articles which offer readers perspectives that are essential to comprehend this salient and discrete disciplinary area in the study of the WTO. Notwithstanding a few weaknesses, such as limited descriptions of the “dynamic” development of …
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
All Faculty Scholarship
This exploratory study examines employer attitudes towards people with disabilities in the labor market. Through in-depth, semi-structured interviews with senior management, human resources staff, directors of diversity, and hiring managers at four corporations, it pinpoints reasons why businesses chose to hire people with disabilities, investigates the perceived benefits and barriers to hiring people with disabilities, and identifies strategies for successfully hiring and retaining workers with disabilities. It fills a gap in examining the attitudes and decision-making processes of U.S. companies that have been leaders in hiring people with disabilities, as well as delving into the special issues of small businesses …
Patents On Human Genes: An Analysis Of Scope And Claims, Lori B. Andrews, Jordan K. Paradise, Timothy R. Holbrooke
Patents On Human Genes: An Analysis Of Scope And Claims, Lori B. Andrews, Jordan K. Paradise, Timothy R. Holbrooke
All Faculty Scholarship
There is significant domestic and international opposition to gene patents based on the fact that gene patents deter medical research and health care, as well as the policy position that genes are an inherent product of nature. Yet, equally troubling is the fact that gene patents have been issued by the U.S. Patent & Trademark Office that are problematic with respect to existing federal patent law. The authors of this Policy Forum describe their study, which examined issued gene patents covering a variety of genetic diseases and described ways in which many claims fell short of USPTO patentability requirements.
Why The Defense Of Marriage Act Is Not (Yet?) Unconstitutional: Lawrence, Full Faith And Credit, And The Many Societal Actors That Determine What The Constitution Requires, Mark D. Rosen
All Faculty Scholarship
This Article argues that the Defense of Marriage Act (DOMA) is not unconstitutional - at least not yet. DOMA provides that States need not recognize same-sex marriages (or judgments in connection with such marriages) performed in sister States. The Article first shows that the Supreme Court's recent opinion in Lawrence v. Texas, which struck down as unconstitutional state laws that criminalized sodomy, has not invalidated the DOMA. Lawrence is best understood as having left undecided the constitutional status of same-sex marriage, and the Article explains the benefits of the Court's having held back its constitutional judgment on this subject at …
Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman
Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Five Views Of The Great Lakes And Why They Might Matter, A. Dan Tarlock
Five Views Of The Great Lakes And Why They Might Matter, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Western Growth And Sustainable Water Use: If There Are No "Natural Limits" Should We Worry About Water Supplies? (With S. Van De Wetering), A. Dan Tarlock
Western Growth And Sustainable Water Use: If There Are No "Natural Limits" Should We Worry About Water Supplies? (With S. Van De Wetering), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Land Titling: A Mode Of Privatization With The Potential To Deepen Democracy, Bernadette Atuahene
Land Titling: A Mode Of Privatization With The Potential To Deepen Democracy, Bernadette Atuahene
All Faculty Scholarship
Land titling is a form of privatization in that public assets are transferred to private families and individuals. This is unlike other forms of privatization, however, because there is a systematic diffusion of economic and decision making power down to indigent populations rather than out of the country or up to its local elites. In light of this uniqueness, the question I will grapple with in this Article is, can property ownership, achieved through land titling programs, bolster democracy? First, using Peru as an example, I explain the context that necessitated the creation of land titling and the process by …
Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan
Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
Compensating Power: An Analysis Of Rents And Rewards In The Mutual Fund Industry, William A. Birdthistle
Compensating Power: An Analysis Of Rents And Rewards In The Mutual Fund Industry, William A. Birdthistle
All Faculty Scholarship
The allegations of malfeasance in the investment management industry - market timing, late trading, revenue sharing, and several others - involve a broad range of mutual fund operations. This Article seeks to explain the common source of these irregularities by focusing upon a trait they share: the practice of investment advisers' capitalizing upon their managerial influence to increase assets under management in order to generate greater fees from those assets. This Article extends theories of executive compensation into the context of investment management to understand the extraction of rents by mutual fund advisers. Investment advisers, as collective groups of portfolio …
Defragmenting World Trade, Sungjoon Cho
Defragmenting World Trade, Sungjoon Cho
All Faculty Scholarship
This article argues that unchecked multiplication of regional trading blocs seriously fragments world trade, and simultaneously debilitates the multilateral trading system. It endeavors to overcome some of shortcomings of existing literature in this field, such as sector-specific approach and concentration on economic analysis. It attempts to offer holistic, normative diagnosis and prescription anchored by the trade, regulatory, and development objective of the global trading system represented by the WTO. From such a telic standpoint, the article highlights teleological failures caused by regionalist fragmentation and proposes both institutional and judicial means to defragment world trade. The article warns that such regionalist …
Wto’S Identity Crisis (Reviewing Joost Pauwelyn, Conflict Of Norms In Public International Law: How Wto Law Relates To Other Rules Of International Law (2003)), Sungjoon Cho
All Faculty Scholarship
Joost Pauwelyn has written an extensive and thought-provoking treatise on the interaction of norms in public international law (PIL), in particular between norms of World Trade Organization (WTO) and non-WTO norms, through a conceptual lens of “conflict.” His main argument is non-WTO norms should be able to “trump” WTO norms under certain circumstances. After framing the concept of norm conflict in PIL (Chapter 1), and defining the nature of WTO law (“reciprocal” obligations) vis-à-vis that of other branches of PIL such as human rights and international environmental law (“integral” obligations) (Chapter 2), the book unfolds its conflict thesis, including hierarchy …
Kramer's Popular Constitutionalism: A Quick Normative Assessment, Sarah K. Harding
Kramer's Popular Constitutionalism: A Quick Normative Assessment, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
The Lamentable Notion Of Indefeasible Presidential Powers: A Reply To Professor Prakash, Harold J. Krent
The Lamentable Notion Of Indefeasible Presidential Powers: A Reply To Professor Prakash, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Bringing Jury Instructions Into The Twenty-First Century, Nancy S. Marder
Bringing Jury Instructions Into The Twenty-First Century, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder
Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Introduction To Secrecy In Litigation (Symposium Editor), Nancy S. Marder
Introduction To Secrecy In Litigation (Symposium Editor), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Justice Stevens, The Peremptory Challenge, And The Jury (Symposium), Nancy S. Marder
Justice Stevens, The Peremptory Challenge, And The Jury (Symposium), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Constitutional Education For The People Themselves, Sheldon Nahmod
Constitutional Education For The People Themselves, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Asymmetric Parenthood, Katharine K. Baker
Asymmetric Parenthood, Katharine K. Baker
All Faculty Scholarship
This analysis of the American Law Institute's Principles of Family Law, Chapter 3, examines how the Principles perceive the origins and extent of parental obligation. What is that makes someone financially responsible for a child? Perhaps surprisingly, the Drafters of this key chapter of the Principles spend remarkably little time analyzing that question. Instead, to determine who has parental obligation, the Principles rely on extant legal paternity and parenthood doctrine that is itself completely muddled. To determine the extent of parental obligation, the Principles employ a binary biological ideal of parenthood that fails to reflect reality for close to half …
The "Modernisation" Of European Community Competition Law: Achieving Consistency In Enforcement-Part Ii (With P. Cassinis), David J. Gerber
The "Modernisation" Of European Community Competition Law: Achieving Consistency In Enforcement-Part Ii (With P. Cassinis), David J. Gerber
All Faculty Scholarship
No abstract provided.
The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro
The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro
All Faculty Scholarship
Throughout its history, the Supreme Court has struggled to control its caseload and to avoid becoming a court of error correction. Instead, it applies its resources to matters of particular national importance and to promoting uniformity in the law. This Article argues that the Court's approach to maintaining uniformity fails to provide adequate guidance to the lower courts. The Court focuses on resolving disagreements among the lower courts over what rules and standards to apply. But the Court largely ignores the question of whether those directives are applied in a consistent or predictable way. As a result, there are areas …
Dilution's (Still) Uncertain Future, Graeme Dinwoodie
Dilution's (Still) Uncertain Future, Graeme Dinwoodie
All Faculty Scholarship
No abstract provided.
Patenting Science: Protecting The Domain Of Accessible Knowledge (With R. Dreyfuss), Graeme Dinwoodie
Patenting Science: Protecting The Domain Of Accessible Knowledge (With R. Dreyfuss), Graeme Dinwoodie
All Faculty Scholarship
In this book chapter, we look at the effect of commodification on scientific and technological, as opposed to cultural, activity. After discussing the nature of the commodification debate and the constraints unique to scientific and technological production, we explore ways in which the domain of accessible knowledge could be reconstituted. In our discussion of these strategies, we draw on previous work in which we analyzed (1) various substantive methods for curbing perceived encroachments on the public domain to see how each would fare if challenged under the TRIPS Agreement, and (2) the relationship between the dynamics of domestic legislative procedures …
Ten Years Of Trademark Law: Lessons For The Future?, Graeme Dinwoodie
Ten Years Of Trademark Law: Lessons For The Future?, Graeme Dinwoodie
All Faculty Scholarship
No abstract provided.
Towards An International Framework For The Protection Of Traditional Knowledge, Graeme Dinwoodie
Towards An International Framework For The Protection Of Traditional Knowledge, Graeme Dinwoodie
All Faculty Scholarship
At a seminar organized by UNCTAD and the Government of India in 2002, participants considered how evolving national systems for the protection of traditional knowledge could be supported or augmented by international measures adopted at the regional or global level. The need for solutions on the international level has been discussed in a number of fora. Yet, the effective protection of the holders of traditional knowledge requires that these discussions move in some way toward implementation of working systems of protection. This short paper, commissioned by UNCTAD for a conference in February 2004, and to be republished in a book …