Law Commons^™

Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes

Law Faculty Scholarship

No abstract provided.

Rwu School Of Law Enewsletter, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Amicus (Volume 7, Issue No. 2) (Fall 2008), Roger Williams University School Of Law

Amicus

No abstract provided.

Legal Beagle Blog (October 2008), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

A Viable Marine Renewable Energy Industry: Solutions To Legal, Economic, And Policy Challenges (7th Marine Law Symposium) (October 23-24, 2008), Roger Williams University School Of Law Library

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.

Entering The Fog: On The Borderlines Of Mental Capacity, Jonathan Herring

Indiana Law Journal

George P. Smith II Lecture at Indiana University School of Law-Bloomington on September 12, 2007.

Exploring The Use Of The Word "Citizen" In Writings On The Fourth Amendment, M. Isabel Medina

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.

Museletter: October 2008, Suzanne Corriell

Museletter

This Issue:

A Blast from the Past...

Blast from the Past, Part 2

A Banned Books Week Quiz

From the Suggestion Box

Law at the Movies: Bottle Shock by Gail Zwirner

Corriell Promoted to Head of Reference/Research Services

A Whale Of A Tale: Post-Colonialism, Critical Theory, And Deconstruction: Revisiting The International Convention For The Regulation Of Whaling Through A Socio-Legal Perspective, Nick J. Sciullo

City University of New York Law Review

No abstract provided.

Panel Discussion: A Conversation On Health And Law, Ruthann Robson, Janet Calvo, Nicholas Freudenberg

City University of New York Law Review

No abstract provided.

Bringing Down The Establishment: Faith-Based And Community Initiative Funding, Christianity, And Same-Sex Equality, Anthony M. Lise

City University of New York Law Review

No abstract provided.

What Is Truth?: True Suspects And False Defamation, Peter B. Kutner

Fordham Intellectual Property, Media and Entertainment Law Journal

A television station reports that an individual is a suspect in a murder case. A newspaper reports that a business or charity is under investigation to determine whether it has provided funding to terrorists or terrorist organizations. It is true that the individual is a suspect in the police investigation of the murder, and that the government is investigating the business or charity for possible financial links to terrorists. However, the suspicion is wrong, or at least unprovable. As far as can be determined from the available evidence, the individual did not commit a murder, and the business or charity …

Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Jurisdictional Issues In The Adjudication Of Patent Law Malpractice Cases In Light Of Recent Federal Circuit Decisions, Michael Ena

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Lawyer As Emotional Laborer, Sofia Yakren

University of Michigan Journal of Law Reform

Prevailing norms of legal practice teach lawyers to detach their independent moral judgments from their professional performance-to advocate zealously for their clients while remaining morally unaccountable agents of those clients' causes. Although these norms have been subjected to prominent critiques by legal ethicists, this Article analyzes them instead through the lens of "emotional labor," a sociological theory positing that workers required to induce or suppress feeling in order to sustain the outward countenance mandated by organizational rules face substantial psychological risks. By subordinating their personal feelings and values to displays of zealous advocacy on behalf of others, lawyers, too, may …

Shattering And Moving Beyond The Gutenberg Paradigm: The Dawn Of The Electronic Will, Joseph Karl Grant

University of Michigan Journal of Law Reform

Legislators in Nevada have already acted to modernize the law of wills. This Article advocates that other states follow their lead and depart from what is described as the "Gutenberg Paradigm" by adopting similar legislation and embracing electronic technology. Part One of this Article explores the history of print, Johann Gutenberg's role in this development, and the emergence of the "Gutenberg Paradigm." Part Two examines the history and policy underpinnings of will execution formalities, and the role of the "writing" requirement. Part Three explores the use of electronic wills as conforming and nonconforming testamentary instruments. More specifically, Part Three highlights …

La Follette'S Folly: A Critique Of Party Associational Rights In Presidential Nomination Politics, Alan Martinson

University of Michigan Journal of Law Reform

Every four years, observers of the presidential nomination season decry the undue influence of those states that hold their primaries first, particularly Iowa and New Hampshire. Currently, Democratic Party rules protect the position of these states. In 2008, two states disregarded party rules in order to move their primaries to a more influential position in the primary season. As punishment for disobeying the rules, the national party diluted the influence of the delegates from these states at the national convention. Legislative solutions to the problems of the current nomination process appear unlikely. Moreover, Supreme Court jurisprudence places no limits on …

Front Matter

City University of New York Law Review

No abstract provided.

Labor And Management Relationships In The Twenty-First Century: The Employee/Supervisor Dichotomy, Bashar H. Malkawi

City University of New York Law Review

No abstract provided.

More To Lose Than Your Chains: Realizing The Ideals Of The Thirteenth Amendment, Michael Scimone

City University of New York Law Review

No abstract provided.

Liability For Lapses: First Or Second Order Negligence?, Robert D. Cooter, Ariel Porat

Coase-Sandor Institute for Law & Economics Research Paper Series

"First order precaution" directly affects the probability of an accident, such as judging the speed of a car and stepping on the brakes. Intentions are not always realized, so first order precaution is a draw from a probability distribution. Drawing an uncharacteristically low value is a "lapse." "Second order precaution" reduces the probability of a lapse. Examples include concentration when driving and preparation before performing a medical operation. The prevailing tort rule holds the injurer liable for harm caused by unreasonable first order precaution, regardless of second order precaution. Unlike the standard model, our model allows injurers to make second …

The Impotence Of Delaware's Taxes: A Short Response To Professor Barzuza's Delaware's Compentation, M. Todd Henderson

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

A Comparative Fault Defense In Contract Law, Ariel Porat

Coase-Sandor Institute for Law & Economics Research Paper Series

This Article calls for the recognition of a comparative fault defense in contract law. Part I sets the framework for this defense and suggests the situations in which it should apply. These situations are sorted under two headings: cases of non-cooperation and overreliance. Part II unfolds the main argument for recognizing the defense. It recommends applying the defense only in cases where cooperation or avoidance of over-reliance is low-cost.

Belief In A Just World, Blaming The Victim, And Hate Crime Statutes, Dhammika Dharmapala, Nuno Garoupa, Richard H. Mcadams

Coase-Sandor Institute for Law & Economics Research Paper Series

The earliest economic theory of discrimination proposed the subsequently neglected idea of a "vicious circle" of discrimination (Myrdal, 1944). We draw on psychological evidence (that people derive utility from believing that the world is just) to propose a behavioral economic model in which the vicious circle envisaged by Myrdal can arise. We demonstrate the power of this approach through an application to the issue of whether and how to justify penalty enhancements for hate crimes against members of disfavored groups. The crucial assumption is that individuals engage in biased inference in order to preserve their Belief in a Just World, …

Beyond The Prisoner's Dilemma: Coordination, Game Theory And The Law, Richard H. Mcadams

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

A Darwinist View Of The Living Constitution, Scott Dodson

Vanderbilt Law Review

There is much debate, and has been for some time, over whether we have a "living" Constitution, one that adapts to changing circumstances and evolves over time. The metaphor arose and gained initial force during the Progressive Era and has been at the forefront of the debate on constitutional interpretation ever since. There is a more recent division, most prominently marked by Professor Owen Jones and Professors Brian Leiter and Michael Weisberg, over whether biology has a meaningful role to play in legal developments. Professor Jones has written many articles promoting the potential utility of behavioral and evolutionary science to …

The (Not So) Puzzling Behavior Of Angel Investors, Darian M. Ibrahim

Vanderbilt Law Review

Where do entrepreneurs turn for funding once their credit cards are maxed out, friends and family are no longer taking their calls, but it is still too early for venture capitalists to invest? They turn to "angel" investors. Angel investors are wealthy individuals who personally finance the same high-risk, high-growth start-ups as venture capitalists but at an earlier stage. Well-known angels include Microsoft co-founder Paul Allen, EDS founder H. Ross Perot, and Dallas Mavericks' owner Mark Cuban. But the prototypical angel may still be rich old Uncle Joe, the wealthy, distant relative or family acquaintance. Angels come in many forms, …

The Iphone And The Dmca: Locking The Hands Of Consumers, John Haubenreich

Vanderbilt Law Review

On August 24, 2007, less than two months after its initial release for sale, the Apple iPhone was unlocked, untethering the phones from the AT&T cellular network. Because AT&T has exclusive rights to provide coverage for the iPhone until the year 2010, hackers and computer enthusiasts worked feverishly to be the first to use the iPhone on a network other than AT&T. Although the practice of cell phone unlocking has been occurring for years, the tremendous public interest surrounding the launch of the iPhone focused attention on the issue like never before.

Wireless carriers can use software locks, hardware locks, …

Unilateral Refusals To Deal And The Antitrust Modernization Commission Report, Keith N. Hylton

Faculty Scholarship

The Antitrust Modernization Commission recommends that refusals to deal with rivals in the same market should rarely, if ever, be unlawful. I will focus on the principles that should determine the legal standard governing unilateral refusals to deal. A legal test that is strongly biased in favor of defendants, as the Commission recommends, is desirable as a default rule and especially in cases in which the essential facility at the core of the refusal to deal dispute is efficiency enhancing. However, there is another set of cases in which the defendant gains control of an essential market portal. In these …