Law Commons^™

Voting System Risk Assessment Via Computational Complexity Analysis, Dan S. Wallach

William & Mary Bill of Rights Journal

Any voting system must be designed to resist a variety of failures, ranging from inadvertent misconfiguration to intentional tampering. The problem with conducting analyses of these issues, particularly across widely divergent technologies, is that it is very difficult to make apples-to-apples comparisons. This paper considers the use of a standard technique used in the analysis of algorithms, namely complexity analysis with its "big-O" notation, which can provide a high-level abstraction that allows for direct comparisons across voting systems. We avoid the need for making unreliable estimates of the probability a system might be hacked or of the cost of bribing …

Voting Technology And The 2008 New Hampshire Primary, Michael C. Herron, Walter R. Mebane, Jonathan N. Wand

William & Mary Bill of Rights Journal

No abstract provided.

Machine Errors And Undervotes In Florida 2006 Revisited, Walter R. Mebane

William & Mary Bill of Rights Journal

The 2006 election for U.S. House of Representatives District 13 in Sarasota County, Florida, attracted extensive controversy because an unusually high proportion of the ballots cast lacked a vote for that office, and the unusual number of undervotes probably changed the election outcome. Intensive technical studies based on examining software and hardware from the iVotronic touchscreen voting machines used to conduct the election failed to find mechanical flaws sufficient to explain the undervotes. Studies that examined the ballots used in Sarasota and in some other counties concluded the high undervote rate was caused by peculiar features of the ballot's format …

The Case Of The Disappearing Votes: Lessons From The Jennings V. Buchanan Congressional Election Contest, Jessica Ring Amunson, Sam Hirsch

William & Mary Bill of Rights Journal

No abstract provided.

Early Voting Reforms And American Elections, Paul Gronke

William & Mary Bill of Rights Journal

No abstract provided.

Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor

William & Mary Bill of Rights Journal

No abstract provided.

A Constitutional Anomaly: Safeguarding Confidential National Security Information Within The Enigma That Is The American Vice Presidency, Todd Garvey

William & Mary Bill of Rights Journal

No abstract provided.

Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Human Rights Or Inhuman Wrongs, Edward Friedman

Human Rights & Human Welfare

The project of promoting universally recognized human rights, that is, the commitments of the U.N. General Assembly-ratified Universal Declaration of Human Rights (UDHR), is in danger. Military and political intervention, including economic sanctions, to stop genocide and ethnic and other political mass murder is under attack. Apparently the lessons of Hitler’s holocaust, the Turkish genocide of Armenians, Pol Pot’s slaughter of innocents, and the loss of life in Rwanda are being rethought and un-taught. So-called peace is now preferred over prevention. The dead may have died in vain.

Challenging The International Criminal Court Over Al-Bashir, Emma Gilligan

Human Rights & Human Welfare

As of late November 2008, we are still awaiting the decision of the U.N. Security Council with regard to the request for the arrest of Sudanese President, Omar al-Bashir for war crimes, crimes against humanity and genocide put forward by the International Criminal Court (ICC) in July. With former Presidents Charles Taylor of Liberia and Slobodan Milosevic of Serbia as the only two heads of state formally indicted by the ICC since its inception in 2002, the question remains whether the U.N. Security Council will allow this controversial indictment of al-Bashir by Chief Prosecutor, Luis Moreno-Ocampo or invoke Article 16 …

Alex De Waal's Shuttle Diplomacy, Sarah Stanlick

Human Rights & Human Welfare

This month’s discussion piece, “The Activist,” is a critical look at one of the most renowned scholars of the turmoil in Sudan. Alex de Waal, a man with an almost encyclopedic knowledge of the different factions, aspects, and issues surrounding the conflicts in Sudan, is profiled under a careful eye. De Waal, a competent critic—as McDonell notes who “takes pride in his competence, and he does not hesitate to criticize activists he deems inexpert”— has built a career on a meticulously researched understanding of the conflict. He honed that reputation through careful action, critical thinking, and a critical voice for …

The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner

Articles

No abstract provided.

Profile Of Alcohol And Drug Indicators For Hillsborough County, Florida, Kathleen A. Moore, M. Scott Young, Ellen Snelling, Sue Carrigan

Mental Health Law & Policy Faculty Publications

No abstract provided.

Considering The Reach Of Phelps, Thomas G. Field Jr.

The University of New Hampshire Law Review

[Excerpt] “As the Supreme Court recently confirmed in Quanta Computer, Inc. v. LG Electronics, Inc., patent and copyright owners have limited rights following voluntary transfers of protected goods. Moreover, as discussed at length by the Second Circuit in Platt & Munk Co. v. Republic Graphics, Inc., patent owners‟ rights have long been similarly affected by involuntary transfers. Platt & Munk finds the lack of equivalent copyright rulings remarkable, but does not allow lack of direct precedent to stand in the way of finding that involuntary transferees of copyright-protected goods have the same rights as voluntary transferees.

Initially, the Fourth Circuit, …

Business Associations, Paul A. Quirós, Lynn S. Scott, William B. Shearer Iii, William S. Smoak Jr.

Mercer Law Review

This Article surveys noteworthy cases in the areas of corporate, limited liability company, partnership, agency, and joint venture law decided between June 1, 2007 and May 31, 2008 by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia. In addition, this Article provides an overview of enactments at the 2008 Session of the Georgia General Assembly to the Official Code of Georgia Annotated (O.C.G.A.) with respect to banking, finance, commerce, corporation, partnership, and business associations statutes.

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

The significance of the cases reported in this article represents the perpetual tension between the prosecution and defense of people accused of crimes. This tension, which creates the necessary balance between the State's interests and the accused's, makes for interesting debate by the Georgia Supreme Court justices and for important decisions that guide those attorneys who practice criminal law.

Death Penalty Law, Therese M. Day

Mercer Law Review

This Article provides a survey of death penalty caselaw in Georgia from June 1, 2007 through May 31, 2008. The cases included in this Survey were heard by the Georgia Supreme Court on interim appeal and direct appeal. Discussion is limited to claims that present new issues of law, refine existing law, or are otherwise instructive.

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This survey period saw continued evolution of domestic relations law through changes in legislation and caselaw. Legislation passed by the 2007 Georgia General Assembly took effect during this survey period. The Georgia Supreme Court continued to accept nonfrivolous appeals in divorce cases that offer guidance to those interested in domestic relations law.

Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Glen R. Fagan

Mercer Law Review

This Article surveys recent developments in state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, this Article surveys published decisions from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2007 to May 31, 2008. This Article also highlights specific revisions to the Official Code of Georgia Annotated (O.C.G.A.).

Real Property, Linda S. Finley

Mercer Law Review

The survey period proved to be an active one for cases and legislation involving real property. Particularly, the Georgia General Assembly, in apparent reaction to the housing and foreclosure crisis faced by the entire country, enacted consumer-friendly changes to the long-standing foreclosure statute. The courts were also active in review of real property issues, and as the number of cases involving real property issues continues to increase, it becomes more difficult to determine which cases should be contained in this Survey. Nevertheless, this Article discusses caselaw and legislative developments in Georgia real property law from June 1, 2007 through May …

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article addresses significant judicial and legislative developments of interest to the Georgia trial practitioner.

Slipping Through The Cracks And Into Schools: The Need For A Uniform Sexual-Predator Tracking System., Shelly George

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Peace Without Justice, Or Justice Without Peace?, Clair Apodaca

Human Rights & Human Welfare

Peace without justice is an illusion. The use of the International Criminal Court (ICC) to investigate and prosecute human rights violations not only provides restorative justice for those harmed by the wrongdoing but also retributive justice towards the perpetrators. Restorative justice seeks to help heal the wounds of the victims and community by acknowledging and witnessing the pain and suffering of the victim. Retributive justice seeks to punish the offenders. The hope is that retribution will deter or prevent future acts of violence by holding perpetrators accountable for the violations of human rights, genocide, war crimes, and crimes against humanity. …

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Incentivizing Postmarketing Pharmaceutical Product Safety Testing With Extension Of Exclusivity Periods, Leslie Kushner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Inequitable Conduct: A Standard In Motion., Benjamin Brown

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora

University of Michigan Journal of Law Reform

The current "war on terror" provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith's "American Way," where Keith sings that "you'll be sorry that you messed with the USofA, 'Cuz we'll put a boot in your ass, It's the American Way."

The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein

Faculty Scholarship

No abstract provided.

Who Owns Your Body? A Study In Literature And Law, Lori Andrews

Chicago-Kent Law Review

No abstract provided.

Upstream Without A Paddle: Gene Patenting And The Protection Of The "Infostructure", Seth Shulman

Chicago-Kent Law Review

The U.S. patent system, designed to protect rights to specific, marketable gadgets, has increasingly over the past few decades granted patents on comparatively abstract and amorphous ideas that stretch the system beyond recognition. Overly broad patents, and patents too far "upstream" from the marketplace, I argue, undermine the patent regime, hamper innovation, and prove exceedingly difficult to adjudicate. Using a series of conceptual and historical analogies, I attempt to assess the patenting of genes and other broad, "upstream" patents from a public policy context, emphasizing, as many are coming to realize, that things work best in the knowledge-based economy when …