Law Commons^™

The Fizzy Experiment: Second Life, Virtual Property And A 1l Property Course, Elizabeth Gard, Rachel Goda

Santa Clara High Technology Law Journal

No abstract provided.

Virtual Property And Personhood, M. M. Scott Boone

Santa Clara High Technology Law Journal

No abstract provided.

Governing Cyberspace: Law, David G. Post

Santa Clara High Technology Law Journal

No abstract provided.

Patents: Hiding From History, Stephen M. Mcjohn

Santa Clara High Technology Law Journal

No abstract provided.

Copyright Law: The Last Five Years Of Journal Coverage, Tyler T. Ochoa

Santa Clara High Technology Law Journal

No abstract provided.

Patentability Of Human-Animal Chimeras, Ryan Hagglund

Santa Clara High Technology Law Journal

No abstract provided.

Reconciling Contract Doctrine With Intellectual Property Law: An Interdisciplinary Solution, Lorelei Ritchie

Santa Clara High Technology Law Journal

No abstract provided.

Nuisance-Value Patent Suits: An Economic Model And Proposal, Ranganath Sudarshan

Santa Clara High Technology Law Journal

No abstract provided.

Debugging Software Patents: Increasing Innovation And Reducing Uncertainty In The Judicial Reform Of Software Patent Law, Robert E. Thomas

Santa Clara High Technology Law Journal

No abstract provided.

Ask, Don’T Tell: Ethical Issues Surrounding Undocumented Workers’ Status In Employment Litigation, Christine N. Cimini

Articles

The presence of an estimated 11.5 million undocumented immigrants in the United States, of which an estimated 7.2 million are working, has become a flashpoint in the emerging national debate about immigration. Given these statistics, it is not surprising that many undocumented workers suffer injuries in the workplace that are typically legally cognizable. Even though undocumented workers are entitled to a number of legal remedies related to their employment, seeking legal relief often raises heightened concerns about the disclosure of their status. This article explores lawyers' increasingly complex ethical obligations with regard to a client's immigration status in the context …

Macniven V. Westmoreland And Tax Advice Using “Purposive Textualism” To Deal With Tax Shelters And Promote Legitimate Tax Advice, Scott A. Schumacher

Articles

The last few years have seen a flurry of activity aimed at the tax shelter industry. Beginning with the “covered opinion” rules of Treasury Circular 230 in 2005, the government has adopted several changes to the standards applicable to tax advice, all in an effort stop abusive tax shelters. Most recently, both Congress (in 2007) and Treasury (in 2008) have revised the standards applicable to tax advice to require that a position have a “more likely than not” chance of succeeding on the merits, or the position must be disclosed to the IRS. While the government’s desire for reform is …

When Deterrence And Death Mitigation Fall Short: Fantasy And Fetishes As Gap-Fillers In Border Regulation, Mary D. Fan

Articles

Drawing on fieldwork and political theory with Lacanian psychoanalytic influences, this article analyzes how fantasy and fetishes help sustain strategies shown to be no solution to U.S. border control problems. More than a decade after the official launch of the border control paradigm of "prevention through deterrence," predicated on the assumption that ramping up walls, barriers, policing, and the human costs of border crossing would deter, there has been scant evidence of deterrence and much evidence of diversion of migrants to more dangerous crossing points where death rates have soared. Attempts to mitigate the cost to life have also proved …

Insights From Clinical Teaching: Learning About Teaching Legal Writing From Working On Real Cases, Helen A. Anderson

Articles

I began teaching legal writing in 1994, but I've since had the occasional foray into practice through supervising students who represented clients in our state's appellate courts. I directed an appellate clinic for two years, and most recently supervised two students who briefed and argued a case in the Washington State Supreme Court. These experiences have taught me some important lessons that I have brought back to my legal writing classes. The clinical cases have not only reminded me what writing for practice really entails, and how hard it is to follow our sage writing advice, but they have given …

Transitioning The Family Business, Dwight Drake

Articles

By any measure, family-dominated businesses are the backbone of the American economy. Although a large majority of family businesses are managed by senior family members who are older than age 55 and more than 80 percent of such senior family members claim that they want the business to remain in the family, less than 30 percent of such businesses have tackled the challenge of developing a plan for transitioning the business to the next generation.

For over 90 percent of such families, this planning challenge is aggravated by the fact that they have no diversified wealth: the family’s wealth is …

Encouraging Diversity In Law School Deanships, Kellye Y. Testy

Articles

Introduction to a symposium.

Jacobus Tenbroek, Participatory Justice, And The Un Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord

Articles

No abstract provided.

Giving Birth In Shackles: A Constitutional And Human Rights Violation, Dana L. Sichel

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Born To No Mother: In Re Roberto D.B. And Equal Protection For Gestational Surrogates Rebutting Maternity, Emily Stark

American University Journal of Gender, Social Policy & the Law

No abstract provided.

You Are Not The Father: How State Paternity Laws Protect (And Fail To Protect) The Best Interests Of Children, Sarah Mcginnis

American University Journal of Gender, Social Policy & the Law

No abstract provided.

"Protecting" Women's Health: How Gonzales V. Carhart Endangers Women's Health And Women's Equal Right To Personhood Under The Constitution, Martha K. Plante

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Shot Heard 'Round The District: The District Of Columbia Circuit Puts A Bullet In The Collective Right Theory Of The Second Amendment, Amanda C. Dupree

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Regulating Pregnancy Behaviors: How The Constitutional Rights Of Minority Women Are Disproportionately Compromised, Joanne E. Brosh, Monica K. Miller

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Spy Who Sued The King: Scaling The Fortress Of Executive Immunity For Constitutional Torts In Wilson V. Libby, Scott R. Daniel

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Save Me From Harm: The Consequences Of The Ordinary Remand Rule's Misapplication To Gao V. Gonzales, Brenna Finn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Failed Law Of Latin America, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Titling And Untitled Housing In Panama City, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Trouble Counting Votes - Comparing Voting Mechanisms In The United States And Selected Other Countries, Frank Emmert, Christopher Page, Antony Page

Faculty Publications

No abstract provided.

Decentralized Responses To Good Fortune And Bad Luck, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Most forms of egalitarian theory impose on government (and through it other people) to redress the inequalities of fortune that result from bad luck. This Article takes issue with the various forms of this large claim, and argues that decentralized forms of assistance are likely in the long run to do better by the very standards by which egalitarians justify their own program. The alleviation of poverty depends in the first instance on increases in wealth that can only come through private innovation and technological advances. These have in fact produced major improvements in overall well-being, with disproportionate advances for …

Does Political Bias In The Judiciary Matter?: Implications Of Judicial Bias Studies For Legal And Constitutional Reform, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Recent empirical scholarship that shows that judges decide cases in a manner that is consistent with their political biases has motivated a stream of proposals for reform, including judicial term limits, limitations on judicial review of statutes and agency actions, revision of the judicial appointments process, and mandatory mixed party representation on judicial panels. However, these proposals incorrectly assume that judicial bias is necessarily harmful, and do not fully consider the costs to other values even when reduction of judicial bias is justified. To evaluate proposals for reform, one needs a theory of judicial review, one that explains how bias …

An Empirical Investigation Into Appellate Structure And The Perceived Quality Of Appellate Review, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

Commentators have theorized that several factors may improve the process, and thus perhaps the accuracy, of appellate review: (1) review by a panel of judges, (2) subject-matter expertise in the area of the appeal, (3) other law-finding ability, (4) adherence to traditional notions of appellate hierarchy, and (5) the judicial independence of appellate judges. The considerable discussion that has expounded upon these theories has occurred in a vacuum of abstract generalization. This Paper adds a new dimension by presenting results from an empirical study of bankruptcy appellate opinions issued over a three-year period. The federal bankruptcy appellate structure provides certain …