Law Commons^™

The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax

Articles in Law Reviews & Other Academic Journals

No abstract provided.

After Action Review (Aar) Of Attendance At The Brazilian Army Command And General Staff College, Gary Corn

Articles in Law Reviews & Other Academic Journals

In 2005, I was the first member of the U.S. Army Judge Advocate General's Corps (JAG Corps) to attend a foreign command and general staff college (CGSC). This article provides a summary of my attendance at the Brazilian Army's Command and General Staff College-Escola de Comando e Estado Maior do Extrcito (ECEME). Through a unique series of events, I was selected and attended the Brazilian Army's ECEME, a ten-month CGSC equivalent, where I studied brigade and division-level operations through the lens of a foreign military. This rare opportunity not only afforded me a unique and valuable professional development experience, it …

Economic Evidence In Antitrust: Defining Markets And Measuring Market Power In Paolo Buccirossi, Jonathan Baker, Timothy Bresnahan

Articles in Law Reviews & Other Academic Journals

This paper addresses an important aspect of the interdisciplinary collaboration between law and economics: the use antitrust courts can and should make of empirical industrial organization economics, in light of the expansion of empirical knowledge generated during the last few decades. First we show how courts can apply what economists have learned about identification of alternative theories of industry structure and firm strategy to the problems of defining markets and determining whether market power has been exercised. We emphasize that the same analytic issues arise regardless of whether the evidence on these concepts is quantitative or qualitative. Second we show …

The Role Of International Arbitrators, Susan Franck

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With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.' Arbitration has taken on such prominence in the international context that commentators express "little doubt that arbitration is now the first-choice method of binding dispute resolution" and has "largely taken over litigation."'

Borrowing Help - Using Conflicts Of Law To Aid Clients And Lawyers, Susan Franck

Articles in Law Reviews & Other Academic Journals

A colleague from another law firm calls you on the phone. He has a client with a clear-cut personal injury case, but, as a result of his failure to mark the critical date down in his calendar, the statute of limitations has expired. It is a lawyer's worst nightmare. What can be done to salvage the case and still provide an opportunity to help the injured client?

Rex Travis, an attorney in Oklahoma City, OK, received a phone call somewhat like this, hypothetically. Rex had an ace up his sleeve. He knew something that might remedy the damage and provide …

Against The Tide - Katrina Exposes Racial Divide, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Finding And Using Statistics In Legal Research And Writing, Billie Jo Kaufman

Articles in Law Reviews & Other Academic Journals

Article reviews the resources and use of statistics in legal research and writing.

Creative Commons And The New Intermediaries, Michael W. Carroll

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This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic …

The Movement For Open Access Law, Michael W. Carroll

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My claim in this contribution to this important symposium is that the law and legal scholarship should be freely available on the Internet, and copyright law and licensing should facilitate achievement of this goal. This claim reflects the combined aims of those who support the movement for open access law. This nascent movement is a natural extension of the well-developed movement for free access to primary legal materials and the equally well-developed open access movement, which seeks to make all scholarly journal articles freely available on the Internet. Legal scholars have only general familiarity with the first movement and very …

One For All: The Problem Of Uniformity Cost In Intellectual Property Law, Michael W. Carroll

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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 …

Creating A Client Consortium: Building Social Capital, Bridging Structural Holes, Susan Bennett

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No abstract provided.

Exploring The Myths About The Ninth Circuit, Stephen Wermiel

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No abstract provided.

A Social Dimension In European Private Law The Call For Setting A Progressive Agenda, Fernanda Nicola

Articles in Law Reviews & Other Academic Journals

I. The Europeanization of Private Law: Legal Sources, Ideology and Process: 1. Legal Sources in European Private Law. 2. Technocracy at work: What is the Common Frame of Reference? 3. The Ideological Divide: Neo-liberalism versus Social Justice in European Contract law. 4. The Social Justice Manifesto and the Legitimacy of the Process. 5. The Scholarly Industry and its Dark Sides. II. Social contract law and Social Europe, part of the problem or part of the solution?: 1. The "Social" Critique of Formalism in Contract Law and its historical inadequacy. 2. The Critique of the Social and its erasure in the …

Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle

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No abstract provided.

Treading On Hallowed Ground: Implications For Property Law And Critical Theory Of Land Associated With Human Death And Burial, Mary Clark

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No abstract provided.

A Tribute To Professor Charles J. Ogletree, Jr., Roger Fairfax

Articles in Law Reviews & Other Academic Journals

I recall vividly how, as a junior at Harvard College, I landed a coveted position on Professor Ogletree's office hours list. My ostensible purpose for taking an office hours slot away from a deserving law school student was to discuss the college seminar paper I was writing on the District of Columbia statehood movement. Although I did leave that meeting with several fruitful research leads, I was much more satisfied with achieving my true aim-to meet in person this man about whom I had heard so many wonderful things. The professor did not disappoint. As I sat in his office-the …

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Transforming Into An International Lawyer, Susan Franck

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Religious Liberty And The Law, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Why We Are Confused About The Trademark Dilution Law, Christine Farley

Articles in Law Reviews & Other Academic Journals

In the decade following passage of a federal right of anti-dilution, the biggest question in trademark law was how to prove dilution. This is a clear sign of something. Can no smart attorney, judge, or social scientist figure out what dilution is in order to prove it? Dilution has proven to be a "dauntingly elusive concept" for the courts. Even in the Supreme Court, nearly all of the questions from the Justices In oral argument in Moseley v. V. Secret Catalog were seeking to simply understand what dilution is.Unless they simply know it when they see it, other courts either …

Go Out And Look: The Challenge And Promise Of Empirical Scholarship In Contract Law, David Snyder

Articles in Law Reviews & Other Academic Journals

This introduction to the symposium on Empirical Scholarship in Contract Law, sponsored in January 2006 by the Contracts Section of the Association of American Law Schools and published in the Tulane Law Review, pushes for an increased focus on the real world and argues that highly quantitative statistical analyses of published judicial opinions are no more empirical than simple case notes. While this short essay argues for increased rigor in empirical research, it also recognizes the limits of scientific methods for legal analysis and suggests that the seduction of scientific appearances, now as in the days of Langdell's legal science, …

Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners' rights in sexual expression from states' legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …

Trademark Dilution Law: What's Behind The Rhetoric?, Christine Haight Farley

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No abstract provided.

The Moiwana Village Case, Claudia Martin

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Moiwana Village is the second case to be decided by the Inter-American Court on Human Rights against Suriname in which the victims are members of an ethnic community that descends from'Bush Negroes' or 'Maroons', namely escaped former slaves who established new autonomous communities in the eastern part of Suriname. In contrast to its prior judgment, in Moiwana the Court shows a striking evolution in its case law regarding the treatment of ethnic or group rights. This approach, which may be traced back to previous case law on the rights of indigenous communities, affords an enhanced protection to members of an …

Conference Highlight - Northstart Award: Spotlight On Angela Davis, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang

Articles in Law Reviews & Other Academic Journals

Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socio-economic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, counter-trafficking …

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Articles in Law Reviews & Other Academic Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …

Evolving Evidentiary Needs: A Neglected Responsibility, Paul Rice

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No abstract provided.

The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton

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No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.