Law Commons^™

Accountability And Competition In Securities Class Actions: Why "Exit" Works Better Than "Voice", John C. Coffee Jr.

Cardozo Law Review

No abstract provided.

Rights Without Remedy: The Myth Of State Court Accessibility After The Prison Litigation Reform Act, Alison Brill

Cardozo Law Review

No abstract provided.

The Continuing Drift Of Federal Sovereign Immunity Jurisprudence, Gregory C. Sisk

William & Mary Law Review

With the enduring doctrine of federal sovereign immunity, it is too late in the day to suggest that the United States should be treated as an ordinary party in the federal courts. Yet as the Supreme Court has become more comfortable with the increasingly common encounter with a statutory waiver of immunity, the rigidity of interpretive approach has eased. An early jaundiced judicial attitude has resolved into a greater respect for the legislative promise of relief to those harmed by their government. After sketching the history of statutory waivers over the past century-and-a-half and examining Supreme Court decisions across the …

Reconstructing The Dormant Commerce Clause Doctrine, Brannon P. Denning

William & Mary Law Review

In this Article, I argue that the alleged incoherence and unpredictability of the dormant Commerce Clause doctrine (DCCD) is rooted in the Supreme Court's search, through the years, for a stable set of rules enabling it to distinguish permissible from impermissible state regulations of interstate commerce and commercial actors. Its lack of success, the Article argues, is due in large part to the Court's inability to settle on the constitutional command the doctrine was to enforce. Historically, the Court would promulgate a set of rules, apply them for a time, then alter or modify them as the rules became unsatisfactory. …

Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle

William & Mary Law Review

No abstract provided.

Procrastination, Deadlines, And Statutes Of Limitation, Andrew J. Wistrich

William & Mary Law Review

Statutes of limitation are deadlines. Although psychologists have discovered a great deal about how people respond to deadlines during the past thirty years, the basic structure of statutes of limitation has not changed since at least 1623. This Article explores the question of whether the received model of statutes of limitation remains optimal in light of what we now know about procrastination, the planning fallacy, loss aversion, intertemporal discounting, the student syndrome, and other features of human cognition. It concludes by suggesting a more modern approach to statutes of limitation that is based on a better understanding of how people …

Agriculture And Ecosystem Services: Strategies For State And Local Governments, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at requiring payment to do the right thing. This article focuses on hints of movement in a new direction for agriculture, arising out of a merger between the age-old practice of paying farmers to do what is right, the fear of losing agricultural lands to suburban development, the rising fiscal burdens to state and local jurisdictions presented by new suburban development, and the new understanding that farms may hold …

"The Threes": Re-Imagining Supreme Court Decisionmaking, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decision making... With respect to the prospect of different Court outcomes, we demonstrate empirically in this Essay that the vast majority of cases decided during the late twentieth and early twenty-first centuries--including "Grutter", "Roe", and "Bush v. Gore" --would have come out the same way if the Court had decided them in panels rather than as a full Court.

"The Threes": Re-Imagining Supreme Court Decisionmaking, Chris Guthrie, Tracey E. George

Vanderbilt Law School Faculty Publications

In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decision making... With respect to the prospect of different Court outcomes, we demonstrate empirically in this Essay that the vast majority of cases decided during the late twentieth and early twenty-first centuries--including "Grutter", "Roe", and "Bush v. Gore" --would have come out the same way if the Court had decided them in panels rather than as a full Court.

The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison

William & Mary Law Review

In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a landmark piece of legislation aimed at protecting copyright holders from those who might manufacture or traffic technology capable of allowing users to evade piracy protections on the underlying work. At its core, the DMCA flatly prohibits the circumvention of "technological protection measures "in order to gain access to copyrighted works, but provides no safety valve for any traditionally protected uses. While hailed as a victory by the software and entertainment industries, the academic and scientific communities have been far less enthusiastic. The DMCA's goal of combating piracy is a …

Trouble For Private Enforcement Of The Sherman Act: Twombly, Pleading Standards, And The Oligopoly Problem, Lee Goldman

BYU Law Review

No abstract provided.

The Software Licensing Dilemma, Nancy S. Kim

BYU Law Review

No abstract provided.

Piercing The Corporate Veil In Regulated Industries, Douglas G. Smith

BYU Law Review

No abstract provided.

Rockwell International, Pondcrete, And An A La Carte Three-Step Test For Determining An "Original Source" In Qui Tam Lawsuits, Matthew Lund

BYU Law Review

No abstract provided.

Proposition 9: Criminal Justice System. Victims’ Rights. Parole. Initiative Constitutional Amendment And Statute., Travis Leete

California Initiative Review (CIR)

No abstract provided.

The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl

Faculty Publications

This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …

Standardization And Pluralism In Property Law, Nestor M. Davidson

Vanderbilt Law Review

At the heart of contemporary property theory stands an intriguing puzzle. Unlike the relatively unconstrained freedom that contract law provides for private ordering, property law recognizes only a limited and standard list of mandatory forms. This standardization-known as the numerus clausus from the civil law concept that the "number is closed"-poses a basic conundrum: what can explain a persistent feature of the law that seems, at first glance, so clearly to restrict the autonomy and efficiency gains conventionally associated with private property?

This puzzle has garnered significant scholarly attention in recent years. Some scholars have argued that standardization, although paternalistic, …

"Does That Sound Familiar?": Creators' Liability For Unconscious Copyright Infringement, Christopher B. Jaeger

Vanderbilt Law Review

In 1953, a twenty-seven year old man underwent brain surgery to treat the severe epilepsy that had plagued him during his youth. The surgeon, Dr. William Scoville, removed portions of the young man's brain that were involved in memory processing. Most notably, Dr. Scoville removed most of his patient's hippocampus. The surgery left the young man, now known to psychologists as H.M., with anterograde amnesia: he still had a short-term memory, but he was unable to convert any of his short-term memories into new long-term memories. Although H.M. could not form new long-term memories, psychologists found that he still could …

The Newest Spectator Sport: Why Extending Victims’ Rights To The Spectators’ Gallery Erodes The Presumption Of Innocence, Sierra Elizabeth

Duke Law Journal

No abstract provided.

Victims’ Rights In An Adversary System, Erin C. Blondel

Duke Law Journal

The victims' rights movement argues that because the outcome of criminal prosecutions affects crime victims, the justice system should consider their interests during proceedings. In 2004, Congress passed the Crime Victims' Rights Act (CVRA), giving victims some rights to participate in the federal criminal justice system. This Note probes both the theoretical assumptions and practical implications of the CVRA. It demonstrates that the victims' rights movement revisits a long-acknowledged tension between adversary adjudication and third-party interests. It shows, however, that American law has resolved this tension by conferring party or quasi-party status on third parties. Despite some pro-victims rhetoric, Congress …

The Development And Failure Of Social Norms In Second Life, Phillip Stoup

Duke Law Journal

This Note analyzes the development and efficacy of social norms in maximizing the welfare of participants in the virtual community of Second Life. Although some of these norms developed appropriately in response to the objectives and purposes of this virtual world, Second Life is so thoroughly steeped in conditions that have impeded the development of successful social norms in other communities that any system of social norms in Second Life will ultimately fail. Because social norms will likely,fail to successfully maximize resident welfare, regulatory schemes imposed both by the operators of the virtual world and by real-world governing institutions are …

Leaving The House: The Constitutional Status Of Resignation From The House Of Representatives, Josh Chafetz

Duke Law Journal

No abstract provided.

Strategic Security As A New Academic Discipline, Sheldon Greaves, Ph.D

Journal of Strategic Security

The creation of Henley-Putnam University was an effort to create an academic institution for the purpose of offering degree programs in intelligence management, counterterrorism, and personal protection; subjects that arguably did not exist as academic disciplines when the school was conceived. The experience of two of the co-founders of the school, Nirmalya Bhowmick and Dr. Michael Corcoran, indicated that the training of officers tasked with vital security and intelligence work was carried out by partnering young officers with a training officer to help the new officer learn on the job. The effectiveness of this training depended to a great extent …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

America As An Ordinary Nation, William F. Felice

Human Rights & Human Welfare

For decades, scholars of international relations have called attention to the limits of American power. For example, in 1976 Cornel University Press published America as an Ordinary Country: U.S. Foreign Policy and the Future , edited by Richard Rosecrance. As the title indicates, Rosecrance's book analyzed the impact of the economic, military, and foreign policy setbacks of the 1970s on U.S. power. Suddenly the U.S. seemed less the powerful, "indispensible" leader and more the vulnerable, "ordinary" country unable to control external forces lashing the society's economy and foreign policy. These insights led many scholars to call for a reassessment of …

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Foreign Policy Myths Debunked." The Nation. October 6, 2008.

The Early History Of The Colorado Court Of Appeals, Robert Linz, Claire E. Munger

Faculty Articles

No abstract provided.

Crisis Governance In The Administrative State: 9/11 And The Financial Meltdown Of 2008, Eric A. Posner, Adrian Vermeule

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Guarding The Guardians: Judicial Councils And Judicial Independence, Nuno Garoupa, Tom Ginsburg

Coase-Sandor Institute for Law & Economics Research Paper Series

This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we test the extent to which different designs of judicial council affect judicial quality. We find that there is little relationship between councils and quality. We also offer a positive explanation for …

Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif

Research Collection School of Social Sciences

This article begins by seeking an explanation for the solidarity between Malay inmates and guards in perpetrating abusive and discriminatory treatment towards Malay transvestites. In the course of explaining an empirical phenomenon in the Singapore prison, this article has examined Singapore's history and ethnic demography, the ethnic Malay minority's lack of socio-economic development and modernisation vis-a-vis the ethnic Chinese majority, geo-politics, the ideology and strategic choices of the state's political elite and their implications for inter-ethnic interactions between Malays and Chinese. As this article will argue, prison culture, rather than being divorced from larger society, is in effect able to …