Law Commons^™

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

Scholarly Articles in Law Reviews & Journals

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 …

Opting Out Or Copping Out? An Argument For Strict Scrutiny Of Individual Contracts, Charles L. Knapp

Faculty Scholarship

No abstract provided.

The Legality Of The Nsa Wiretapping Program, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Aba Files Amicus Brief In Actual Innocence Case, Rory K. Little

Faculty Scholarship

No abstract provided.

The 2000 Amendments To The Discovery Rules, Richard L. Marcus

Faculty Scholarship

No abstract provided.

E-Discovery And Beyond: Toward Brave New World Or 1984?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The How And Why Of The New Public Corporation Tax Shelter Compliance Norm, Susan C. Morse

Faculty Scholarship

No abstract provided.

The Democratic Roots Of Collaborative Lawyering, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

Electronic Research In State Prisons, Camilla Tubbs

Faculty Scholarship

No abstract provided.

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

Scholarly Articles in Law Reviews & 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, …

Exploring The Myths About The Ninth Circuit, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & 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 …

Internet Trademark Suits And The Demise Of "Trademark Use", Margreth Barrett

Faculty Scholarship

No abstract provided.

Coercion, Commercialization, And Commodification: The Ethics Of Compensation For Egg Donors In Stem Cell Research, Radhika Rao

Faculty Scholarship

No abstract provided.

A Veil Of Genetic Ignorance? Protecting Genetic Privacy To Ensure Equality, Radhika Rao

Faculty Scholarship

No abstract provided.

Revitalizing Frcp 68: Can Offers Of Judgment Provide Adequate Incentives For Fair, Early Settlement Of Fee-Recovery Cases?, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Deconstructing The Maternal Wall: Strategies For Vindicating The Civil Rights Of "Carers" In The Workplace, Joan C. Williams, Elisabeth S. Westfall

Faculty Scholarship

No abstract provided.

Keynote Address: Want Gender Equality? Die Childless At Thirty, Joan C. Williams

Faculty Scholarship

No abstract provided.

Family Responsibilities Discrimination: What Plaintiffs' Attorneys, Management Attorneys And Employees Need To Know, Joan C. Williams, Cynthia Thomas Calvert

Faculty Scholarship

No abstract provided.

Putting Humpty Dumpty Back Together: Experimental Evidence Of Anticommons Tragedies, Ben Depoorter, Sven Vanneste

Faculty Scholarship

No abstract provided.

Symposium: Introduction And Dedication, Brian E. Gray

Faculty Scholarship

No abstract provided.

Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This short article argues that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from them at the negotiating table and the appropriateness of entering into cooperative agreements.

Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION Strictly speaking, the cultural defense is really no defense at all. Instead, it is the moniker attached by defense attorneys to their advocacy which seeks to personalize the accused in one of two ways: First by injecting a reasonable doubt into the mens rea intent requirement - this would result in acquittal, or second, by contextualizing an affirmative defense, like provocation, by the provision of cultural information about the accused - this would result in mitigated sentencing. Central to defense attorneys' uses of the cultural defense is the criminal defendant's perceived "foreignness." This much has been recognized by scholars …