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2006

Series

University of Dayton

Articles 1 - 4 of 4

Full-Text Articles in Law

State-Sponsored Crime: The Futility Of The Economic Espionage Act, Susan W. Brenner, Anthony C. Crescenzi Apr 2006

State-Sponsored Crime: The Futility Of The Economic Espionage Act, Susan W. Brenner, Anthony C. Crescenzi

School of Law Faculty Publications

The United States is facing an international challenge: economic espionage, the theft of our intellectual assets and proprietary information. The events of September 11, 2001, pushed the seriousness of this activity to the far recesses of the public’s consciousness. While this threat to our national security lacks the visceral impact of September 11, the long-term national security implications (a decline in economic competitiveness) stemming from the systemic theft of intellectual property has consequences no less serious than a real-world terrorist attack. Espionage targeting intellectual assets and proprietary information is driven by the international competition characterizing a global economy. Americans have …


Neither Dead Nor Dangerous: Postmodernism And The Teaching Of Legal Writing, Adam Todd Jan 2006

Neither Dead Nor Dangerous: Postmodernism And The Teaching Of Legal Writing, Adam Todd

School of Law Faculty Publications

This article explores postmodernism and its relation to the teaching of legal writing. Postmodernism is an undeniably important theory in literary criticism, composition and rhetoric and has provoked much debate in areas of legal scholarship, but it has seldom been addressed directly by legal writing scholars.

The teaching of legal writing has been greatly affected by postmodernism and can be characterized as a postmodern class in what is otherwise a modernist academy. Legal writing teachers generally teach in a modernist paradigm which seeks to normalize the law and create unitary meaning from the morass of texts and ideas which is …


The Transformation Of South African Private Law After Ten Years Of Democracy: The Role Of Torts (Delict) In The Consolidation Of Democracy, Christopher J. Roederer Jan 2006

The Transformation Of South African Private Law After Ten Years Of Democracy: The Role Of Torts (Delict) In The Consolidation Of Democracy, Christopher J. Roederer

School of Law Faculty Publications

Although the role of the private law has been largely ignored in studies of transitional justice, private law is a crucial component in South Africa’s transition/transformation. Contrary to the views of some commentators, the private law and delict in particular, were tainted by apartheid. Further, even if the private law of South Africa was not infected by the apartheid cancer, it acted as a carrier and facilitator of apartheid values and policies, perpetuating the inequities apartheid. While there is evidence of the cancer in apartheid case law the more serious problem was a failure of delict to progress under apartheid. …


Another Case In Lochner’S Legacy, The Court’S Assault On New Property: The Right To The Mandatory Enforcement Of A Restraining Order Is ‘A Sham, Nullity And Cruel Deception’, Christopher J. Roederer Jan 2006

Another Case In Lochner’S Legacy, The Court’S Assault On New Property: The Right To The Mandatory Enforcement Of A Restraining Order Is ‘A Sham, Nullity And Cruel Deception’, Christopher J. Roederer

School of Law Faculty Publications

No abstract provided.