Law Commons^™

Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez

Buffalo Intellectual Property Law Journal

No abstract provided.

Santa Clara Magazine, Volume 50 Number 2, Fall 2008, Santa Clara University

Santa Clara Magazine

10 - MEET MOUNTAIN By Lisa Taggart. A Q&A with SCU women's basketball coach Jennifer Mountain.

12 - KATRINA AT THREE By Pat Semansky '06. A New Orleans photo essay.

16 - THE MEDDLING PRIEST FROM OZ By Emily Elrod '05. An interview with Australian Jesuit John Brennan, S.J.-lauded as a "national treasure" and an "ethical burr."

18 - 20/20 VISION By Robert M. Senkewicz. How has the presidency of Paul Locatelli, S.J., transformed the University-as a place-and as an idea?

28 - GO WITH YOUR HEART By Francisco Jimenez. An exclusive excerpt from his new memoir, Reaching Out.

32 …

Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Circus Comes To Town: The Media And High-Profile Trials, David A. Sellers

Law and Contemporary Problems

No abstract provided.

Negotiating The Mega-Rebuilding Deal At The World Trade Center: An Introduction, Gregory M. Stein

Scholarly Works

No abstract provided.

Calling It A Leg Doesn't Make It A Leg: Doctors, Lawyers And Tort Reform, Ellen Wertheimer

Working Paper Series

It has long been a truism that doctors hate lawyers. This article explores some of the reasons for this phenomenon, as well as some areas for reform that might help to promote a better relationship between the professions.

Linkage And The Deterrence Of Corporate Fraud, Miriam Baer

Faculty Scholarship

No abstract provided.

America's Unknown Constitutional World, Christian G. Fritz

Faculty Scholarship

Historical and popular understandings of the American constitutional tradition have adopted the contentions of only one side of this debate and its role in bringing about the 1787 constitution. In doing so, these accounts miss much of that tradition’s actual history.

Is The Right To Vote Really Fundamental, Joshua A. Douglas

Cornell Journal of Law and Public Policy

No abstract provided.

Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King

Cornell Journal of Law and Public Policy

No abstract provided.

Why Barring Settlement Bars Legitimate Suits: A Reply To Rosenberg And Shavell, Ted Sichelman

Cornell Journal of Law and Public Policy

No abstract provided.

Civil Contempt And The Indigent Child Support Obligor: The Silent Return Of Debtor’S Prison, Elizabeth G. Patterson

Cornell Journal of Law and Public Policy

No abstract provided.

Group Size, Heterogeneity, And Prosocial Behavior: Designing Legal Structures To Facilitate Cooperation In A Diverse Society, D. Benjamin Barros

Cornell Journal of Law and Public Policy

No abstract provided.

Community Benefits Agreements: Can Private Contracts Replace Public Responsibility, Naved Sheikh

Cornell Journal of Law and Public Policy

No abstract provided.

Unfair Warning: Breach Notification In The Fcc’S Enhanced Telephone Records Safeguards, Stephen L. Markus

Cornell Journal of Law and Public Policy

No abstract provided.

Shu'ubiyya Or Security? Preserving Civil Liberties By Limiting Fisa Evidence To National Security Prosecutions, William Pollak

University of Michigan Journal of Law Reform

Part I of this Note addresses the restrictions on intelligence gathering under FISA prior to 9/11 and the motivations underlying the Patriot Act's revisions to FISA. Part II discusses the problems with the "primary purpose" test, which was in effect prior to the Patriot Act's revisions to FISA. Part III reviews the various policy and constitutional arguments made against the Patriot Act's "significant purpose" test. Part IV proposes that Congress enact a new "inextricably intertwined" test to govern the admission of FISA material in criminal prosecutions. Specifically, this Part looks at sixty criminal cases in which FISA material was admitted …

Going From The Frying Pan Into The Fire? A Critique Of The U.S. Treasury's Newly Proposed Section 987 Currency Regulations, Joseph Tobin

University of Miami Business Law Review

No abstract provided.

Hedonic Adaptation And The Settlement Of Civil Lawsuits, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Articles

This Essay examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on the probability of pretrial settlement in civil litigation. The existing economic and behavioral models of settlement are incomplete because they do not incorporate the effect of adaptation on the sum for which a plaintiff is willing to accept an offer. When an individual first suffers a serious injury, she will likely predict that the injury will greatly diminish her future happiness. However, during the time that …

The World Of The Framers: A Christian Nation?, Geoffrey R. Stone

Articles

No abstract provided.

Class Of 2011 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2011

Should Summary Judgment Be Granted?, Bradley Scott Shannon

American University Law Review

This article discusses (and criticizes) the recent change from "shall" to "should" in Federal Rule of Civil Procedure 56 to describe the standard by which a federal district court is to decide a "properly made and supported" motion for summary judgment. The article concludes that the text of Rule 56, which formally provided that such a motion "shall" be granted, cannot plausibly be construed as meaning "should"; that this change was not supported by those authorities cited by the Federal Civil Rules Advisory Committee; and that, as a normative matter, "should" is an inappropriate standard in this context. Federal district …

The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio

University of Miami International and Comparative Law Review

The governments of both the United States and China maintain the death penalty as a means of punishing its most dangerous criminals, but with an astounding 68 capital offenses, China perennially remains the world leader in executions. This article examines the theory of proportionality of criminal punishment and how it relates to the respective death penalty policies in the United States and China. A comparative analysis will reveal two extremely different societies with two different perspectives on proportionality. one that recognizes and protects fundamental freedoms and another that places emphasis on collective societal welfare over individual rights. The article will …

The Lost Sanctuary: Examining Sex Trafficking Through The Lens Of United States V. Ah Sou, M. Margaret Mckeown, Emily Ryo

Cornell International Law Journal

No abstract provided.

“The Longest Journey, With A First Step”: Bringing Coherence To Sovereignty And Jurisdictional Issues In Global Employee Benefits Law, Paul M. Secunda

Duke Journal of Comparative & International Law

No abstract provided.

Embracing Unconscionability’S Safety Net Function, Amy J. Schmitz

Faculty Publications

Despite courts' and commentators' denial of morality and focus on efficiency in contract law, fairness and flexibility have remained the bedrocks of the unconscionability doctrine. This Article therefore departs from the popular formalist critiques of unconscionability that urge for the doctrine's demise or constraint based on claims that its flexibility and lack of clear definition threaten efficiency in contract law. Contrary to this formalist trend, this Article proposes that unconscionability is necessarily flexible and contextual in order to serve its historical and philosophical function of protecting core human values. Unconscionability is not frivolous gloss on classical contract law. Instead, it …

Enforcing Class Arbitration In The International Sphere: Due Process And Public Policy Concerns, S. I. Strong

Faculty Publications

This article appears to be the first to address the unique issues relating to international class arbitration and to discuss the status of class arbitration in other countries. To date, the only published articles on class arbitration - a dispute resolution mechanism that has been in existence in the United States since the early 1980s - have focused on domestic arbitration. However, with a number of known international class arbitrations in progress, all seated in the United States, questions concerning the transnational legitimacy of the class arbitration process and the ability to enforce class awards under the New York Convention …

The Patent Lottery: Exploiting Behavioral Economics For The Common Good, Dennis D. Crouch

Faculty Publications

Lotteries are immensely popular. Players are willing to give the organizer a large monetary cut of every ticket purchase in return for a chance at a jackpot. In some ways, our current patent system operates as a lottery as well. Most patents are relatively worthless, while a few are highly valuable. Reaching the major payout of a highly valuable patent takes perseverance in the face of tremendous uncertainty. Like lottery players, small entrepreneurial companies and individuals have shows signs of bounded rationality. In particular, what I call the patent lottery effect is associated with the phenomena of potential innovators overweighting …

Introduction To The Symposium On Corss-Border Family Mediation With And Emphasis On The 1980 Hague Convention On The Civil Aspects Of International Child Abduction, Melvin A. Rubin

University of Miami Inter-American Law Review

No abstract provided.

Thunder In Paradise: The Interplay Of Broadening United States Anti-Money Laundering Legislation And Jurisprudence With The Caribbean Law Governing Offshore Asset Preservation, Evan Metaxatos

University of Miami Inter-American Law Review

No abstract provided.

"Democracy Begins At Home"--Notes From The Grassroots On Inequality, Voters, And Lawyers, Martha R. Mahoney

University of Miami Law Review

No abstract provided.