Law Commons^™

A Promise The Nation Cannot Keep: What Prevents The Application Of The Thirteenth Amendment In Prison?, Raja Raghunath

William & Mary Bill of Rights Journal

The walls of the prison are not solely physical. The doctrine of judicial deference to prison officials, which compels courts to defer to the discretion of those officials in almost all instances, obstructs the effective scrutiny of modern practices of punishment. Since its ratification, the Thirteenth Amendment—which prohibits slavery or involuntary servitude anywhere within the United States or its jurisdiction, except where imposed “as a punishment for crime whereof the party shall have been duly convicted”1—has been seen by courts as one brick in this wall. This Article makes the novel argument that, properly read, the amendment should function instead …

The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China, Justin Mccabe

The University of New Hampshire Law Review

[Excerpt] “Intellectual property rights are neither protected nor enforced in strict uniformity throughout the world. However, it can be said that in most developed countries, intellectual property is preciously guarded, as evidenced by a plethora of intellectual property statutes, penalties for infringement, and consistent attempts to convince less developed nations to adopt strong—or stronger—intellectual property protections. Despite continued vigilance by developed countries in bringing about increased international harmony among intellectual property regimes, some developing countries sustain questionable enforcement policies. What the driving force is behind intellectual property enforcement policies—or more appropriately, the lack thereof—is a matter of disagreement. In order …

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

Mercer Law Review

This Survey chronicles developments in Georgia domestic relations law from June 1, 2008 to May 31, 2009. This survey period saw continued evolution of domestic relations law through changes in legislation and case law. Legislation passed by the 2008 Georgia General Assembly took effect on July 1, 2008. The Georgia Supreme Court continued to accept non-frivolous appeals in divorce cases, which provide guidance to those interested in domestic relations law.

Evidence, Marc T. Treadwell

Mercer Law Review

Every Georgia attorney and trial court judge ought to set aside the time to read every Georgia appellate court opinion on the subject of evidence (or, for that matter, any other selected subject) rendered during a given period of a year. The feel that one acquires for the attitude of the appellate courts of Georgia is interesting. Most though, will not have the time for such projects, so that to read someone else's selections and comments may be of some benefit. It will not, however, give the "feel" that one acquires through an individual reading of the cases.

This was …

Insurance, Bradley S. Wolff, Stephen L. Cotter, Stephen M. Schatz

Mercer Law Review

In this survey period from June 1, 2008 to May 31, 2009, the courts stepped in to help those injured in motor vehicle incidents collect additional sums from uninsured motorist carriers even when the available uninsured motorist (UM) coverage may be equal to or less than the tortfeasor's liability coverage. Another notable development is found in a string of cases involving victims of mortgage fraud. The victims prevailed in all three cases.

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Article surveys legal ethics decisions of the Georgia appellate courts for a period from June 1, 2008 to May 31, 2009. The cases concern discipline of lawyers, ineffective assistance of counsel, judicial conduct, contempt, attorney fees, suits against lawyers, and a few miscellaneous matters.

Local Government Law, James E. Elliott Jr.

Mercer Law Review

Because each and every tort occurs somewhere "in a county" and frequently "within the city limits," local governments often find themselves to be reluctant guests in the litigation resulting from such events. Likewise, citizens and public sector employees seem less hesitant to fight city hall than in days past. For these reasons (and others), litigation involving municipalities, counties, and their related entities enjoyed another banner year in Georgia, affording multiple opportunities for the appellate courts to establish new rules of law in the area or to reaffirm (and, occasionally, fine-tune) long-standing rules.

Trial Practice And Procedure, Kate S. Cook, Brandon L. Peak, John C. Morrison Iii, Tedra C. Hobson

Mercer Law Review

This Article seeks to identify and explain the cases and legislation published and enacted within the survey period between June 1, 2008 and May 31, 2009, which impact, illustrate, clarify, or change Georgia's law as it relates to trial practice and procedure.

Hope Over Experience?, Cath Collins

Human Rights & Human Welfare

Writing about US human rights policy from the outside is always a disconcerting experience. All bets are off, and all assumptions are turned on their head. Assumptions from the South looking North are that, rhetoric aside, US interests rarely if ever feature human rights protection and promotion in first place. What’s more, they have very frequently featured the opposite: dirty tricks, torture and rendition were sadly familiar to students of Latin American history long before Guantanamo. The Clinton years went some way towards reining in the more blatant contradictions of the 1980s, but they also set in train the easy …

From Inspiring Hope To Taking Action: Obama And Human Rights, Stephen James

Human Rights & Human Welfare

While President George H. Bush spoke of a new world order, and his “misunderestimated” son mangled the English language at countless press conferences, with Barack Obama the USA now has a talented orator as a president. There is a new word order. But does the new and skillful rhetoric match the reality when it comes to human rights?

The Statesman's Dilemma: Peace Or Justice? Or Neither?, Henry Krisch

Human Rights & Human Welfare

Just as I sat down to comment on President Obama and human rights, I glanced today's (November 19, 2009) The New York Times and found several opinion essays-careful in fact, thoughtful in tone, reasonable in argument-critical of Obama's approach during his recent visit to China toward Chinese human rights violations (mainly concerning Tibet but including also imprisoned lawyers, internet censorship, and persecution of Falun Gong.) The essayists considered various tactics for exerting American pressure on China regarding human rights. Common to all of them was a tone of rueful admiration for the political and diplomatic skill with which China fended …

Reliability, Justice And Confessions: The Essential Paradox, Russell L. Weaver

Chicago-Kent Law Review

This paper deals with the issue of "reliability" in the criminal justice process, and the rising number of wrongful convictions that have been identified in recent years. Using modern evidentiary techniques, a rising number of individuals have been found "innocent" of the crimes for which they have been convicted. These instances of wrongful conviction have involved individuals who spent time on death row, awaiting execution, only to be completely exonerated. There are various reasons for these wrongful convictions, including prosecutorial misconduct and systemic failures such as inadequate indigent representation. This paper focuses on another systemic failure: difficulties with the confessions …

A New Era Of Tax Enforcement: From 'Big Stick' To Responsive Regulation, Sagit Leviner

University of Michigan Journal of Law Reform

This Article explores the economics of crime and compliance as the dominant approach to U.S. tax enforcement of the past three and a half decades. It evaluates the key advantages and disadvantages of the economic model as well as its application to tax. The Article then addresses the multiplicity of taxpayer behavior and the need and prospect of balancing the economically conceived methods of detection and punishment against other, more cooperative, means and developing a broader approach to tax enforcement more generally. The Article explores responsive regulation as a case study for an alternative method to tax enforcement that heavily …

Comfortably Numb: Medicalizing (And Mitigating) Pain-And-Suffering Damages, Lars Noah

University of Michigan Journal of Law Reform

Among the compensatory damages that a plaintiff may recover in tort litigation, awards for pain and suffering have attracted the most attention. Attorneys, judges, legislators, and scholars from various disciplines long have struggled to measure and make sense of this aspect of compensation for tortiously caused injuries. With the steady expansion of what falls within the rubric of nonpecuniary damages and in the types of claims eligible for such awards, to say nothing of the growth in the absolute and relative size of this portion of compensatory awards, pain-and-suffering damages have become increasingly controversial.

Although it canvasses the competing arguments …

Risky Ventures: The Impact Of Irs Health Care Joint Venture Policy, Roger P. Meyers

University of Michigan Journal of Law Reform

IRS oversight of joint ventures between exempt and for-profit organizations has undergone substantial change over the past thirty years. This change has important consequences for the health care industry, where joint ventures have grown increasingly common. In the face of unclear guidance and aggressive enforcement of exemption-policing tools such as the private benefit doctrine and the control test, a hospital risks revocation of its tax-exempt status, or liability for unrelated business income tax, when it engages in a joint venture directly. It may be able to eliminate this risk by operating the same joint venture through a for-profit subsidiary; however, …

Innocence, Evidence, And The Courts, Morgan Cloud

Chicago-Kent Law Review

No abstract provided.

Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones

Chicago-Kent Law Review

The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best to …

Presidential Control Of The Elite Non-Agency, Kimberly N. Brown

North Carolina Law Review

No abstract provided.

Cloned Meat, Voluntary Food Labeling, And Organic Oreos, Donna M. Byrne

The University of New Hampshire Law Review

[Excerpt] “In December 2006, the Food and Drug Administration (FDA) announced that it had reviewed all the available evidence and was poised to approve meat and milk from cloned animals and their progeny. I remember telling one of my colleagues, a patent law professor, who should be as comfortable with technology as anyone, about this development, and his response was, “Yuck. I’m not eating it!” To which of course I replied, “Humph. You won’t know the difference.” Meat or milk from a clone or its descendant is virtually identical to meat or milk from a non-clone, said the FDA, as …

Egyptian Goddess, Inc. V. Swisa, Inc.: A Dramatic Change In The Law Of Design Patents?, Evan Szarenski

The University of New Hampshire Law Review

[Excerpt] “On September 22, 2008, the Federal Circuit, sitting en banc, handed down the most important decision in design patent law in nearly twenty-five years. Egyptian Goddess, Inc. v. Swisa, Inc. (Egyptian Goddess III) abolished the point-of-novelty test first set out in Sears, Roebuck & Co. v. Talge and adopted by the Federal Circuit in Litton Systems, Inc. v. Whirlpool Corp. The point-of novelty test required patent holders to prove that an accused design appropriated the element which sets the patented design apart from the prior art—in addition to the ordinary-observer standard’s requirement of having substantially the same appearance—in order …

Hiding In Plain Sight? Timing And Transparency In The Administrative State, Anne Joseph O'Connell, Jacob Gersen

Coase-Sandor Institute for Law & Economics Research Paper Series

Anecdotal evidence of agencies burying bad news is rife in law and politics. The bureaucracy regularly is accused of announcing controversial policies on holidays and weekends when public attention is elsewhere. We show that this conventional wisdom is wrong, or at least significantly incomplete. The conventional wisdom is riddled with theoretical holes, and there is little systematic empirical evidence to support it. After critiquing the conventional account of agencies hiding bad news, we articulate and defend a revised theory of strategic timing in administrative law. We argue that timing decisions rarely affect the visibility of decisions but can drive up …

Reputation, Information And The Organization Of The Judiciary, Nuno Garoupa, Tom Ginsburg

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Table Of Contents - Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Serendipity, Sean B. Seymore

North Carolina Law Review

No abstract provided.

The Data Game: Learning To Love The State-Based Approach To Data Breach Notification Law, Sara A. Needles

North Carolina Law Review

No abstract provided.

The Alberta Legal Services Mapping Project: Report For The Calgary Judicial District, Glynnis Lieb, Stephanie Abel, Mary Stratton, Diana Lowe

Canadian Forum on Civil Justice

The „justice system‟ is a fundamental and far-reaching component of our system of democracy in Alberta. It is not one united system but an institutionalized process to address criminal and civil conflicts. It is made up of a complexity of organizations with overlapping provincial and federal jurisdictions. There are substantive and procedural laws with four broad divisions: civil, family, criminal and administrative. Many of these laws and the legal services associated with them, function to avoid conflict and legal problems. Ideally, legal services work to resolve conflicts without resorting to the courts or tribunals, the purpose of which is to …

Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.