Law Commons^™

2009 Judges' Edition Memorandum, Taryn L. Rucinski

Pace Environmental Law Review

No abstract provided.

Looking Forward, Backward, Or Just Away?, Chandra Lekha Sriram

Human Rights & Human Welfare

The declassification and leaking of the so-called “torture memos” only supplements much which was already publicly well-known, but has offered a fresh opportunity to frankly debate American values, in particular its commitment to the rule of law, its own constitution, and international human rights and humanitarian law obligations to which it has committed itself, and which the Supreme Court has confirmed are part of domestic law. It is a shame, therefore, that the debate has been so stunted, diverted by the red herring of Dick Cheney’s rantings, and the apparent willingness of a segment of the population to accept, first, …

Divide And Conquer, Eric A. Posner, Kathryn E. Spier, Adrian Vermeule

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Masthead, Volume 7, Number 3, 2009, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Seven, Issue Number Three.

How To Undermine Tax Increment Financing: The Lessons Of Prologis V. City Of Chicago, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

This article examines the level of appropriate level of constitutional protection against outside governments that condemn property located within a given local municipality that use tax increment financing to fund local improvements The standard TIF arrangement does not provide the TIF lenders with liens against any particular asset, because to do so would be to abandon the tax exempt status of the municipal bonds that are issued. Yet these agreements guarantee that the local government that issued the bonds will take no steps to compromise their repayment from (incremental) tax dollars. These protections allow TIF bonds to trade in ordinary …

Let Us Not Become The Evil We Deplore, Rebecca Otis

Human Rights & Human Welfare

On 14 September 2001, Representative Barbara Lee (CA-D) voted against the House bill that granted President Bush the authority to use force in response to the terrorist attacks on the World Trade Center and Pentagon. As the sole person to vote against the bill (by a margin of 420-1), Lee was roundly vilified as a “traitor,” a “coward, and even a “communist.” Later that day, as the only voice of dissent on the House floor, Lee delivered a speech to justify her position. Famously, she said to the elected representatives of our country, “As we act, let us not become …

Righting Past, Present And Future Wrongs, Rhona Smith

Human Rights & Human Welfare

Three legal issues are raised by the centerpiece of this month’s Roundtable: Does the legal definition of torture include “enhanced interrogation techniques”? What are the legal responsibilities of a State when torture is committed by its agents? and What should the State do now to prevent future violations of human rights? In other words, one must characterize the actions of the past, ameliorate the damage in the present, and prevent a recurrence in the future.

Rational Ignorance, Rational Closed-Mindedness, And Modern Economic Formalism In Contract Law, Shawn J. Bayern

Scholarly Publications

This article considers the relevance of several kinds of post-offense events for the justice of punishment under a fair-play account of retributivism. If the justice of punishment depends on something like an offender-centered tally of benefits and burdens, it may be difficult to explain why offenders should be punished by a criminal justice system in situations where they have been punished privately or have lost the relevant benefits they may have received from their offenses.

My fault is past. But, O, what form of prayer
Can serve my turn? 'Forgive me my foul murder?
That cannot be; since I am …

Peer-To-Peering Beyond The Horizon: Can A P2p Network Avoid Liability By Adapting Its Technological Structure?, Matthew G. Minder

Chicago-Kent Law Review

Peer-to-peer networks are often used to infringe copyrights, but they also serve some legitimate purposes consistent with copyright law. In attempting to find a satisfactor solution, this note develops and analyzes two models that future peer-to-peer networks could employ to attempt to avoid liability for copyright infringement. The note then analyzes the law, applies the two models to the relevant legal tests, and analyzes whether a peer-to-peer network operating on each model could avoid liability for copyright infringement. It concludes that modifying their technological structure may help peer-to-peer networks avoid liability, but that some risks remain.

Anti-Bankruptcy, Robert K. Rasmussen, Douglas G. Baird

Coase-Sandor Institute for Law & Economics Research Paper Series

In large Chapter 11 cases, the prototypical creditor is no longer a small player holding a claim much like everyone else's, but rather a distressed debt professional advancing her own agenda. Secured creditors are more pervasive and enjoy much more control than they had even a decade ago. Moreover, financial innovation has dramatically increased the complexity of each investor's position. As a result of these and other changes, the legal system faces today a challenge that is much like assembling a city block that has been broken up into many parcels. There exists an anti-commons problem, a world in which …

One Problem Solved, Another Created - The European Commission's Struggles With Fostering Competition In The Market For Pan-European Licenses Of Musical Works, Kimberly L. Sweet

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Reselling Digital Music: Is There A Digital First Sale Doctrine, Nakimuli Davis

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Whatever Happened To Access To Justice, Deborah L. Rhode

Loyola of Los Angeles Law Review

No abstract provided.

Legal Services For All: Is The Profession Ready, Jeanne Charn

Loyola of Los Angeles Law Review

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-06, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Best Practices And The State Of Information Security, Kevin Cronin

Chicago-Kent Law Review

The forces of globalization, together with widely available industry standards and best practices, and heightened state legislative activity, are driving the U.S. towards a more unified approach to data security. But the success of this unified approach requires more than free market efficiency and innovation. In order to maintain a state of evolutionary equilibrium in the global information economy, the U.S. must move from a fragmented approach towards data security and privacy standards, towards a more comprehensive set of standards with new penalties and effective enforcement, to better reflect the inherent value of personal data in today's global marketplace.

Data Collection And Leakage, Philip Howard, Kris Erickson

Chicago-Kent Law Review

Every year millions of digital records containing personally identifiable information are exposed. When are malicious hackers to blame, and when is it organizational malfeasance? Which kinds of organizations—private firms, government agencies, or educational institutions—lose the most data? With over 1.9 billion records lost (on average that's 9 records per U.S. adult), a surprising number of breaches can be attributed to organizational practices.

Information Security, Contract And Liability, Jennifer Chandler

Chicago-Kent Law Review

Various common provisions in software end user license agreements undermine cyber security. These include anti-benchmarking provisions and broad exclusions of liability. These short comments suggest that courts and legislatures should take steps to limit the enforceability of contractual provisions that undermine cyber security.

Res Ipsa Loquitur In The Restatement (Third) Of Torts: Liability Based Upon Naked Statistics Rather Than Real Evidence, Daniel J. Pylman

Chicago-Kent Law Review

Using the doctrine of res ipsa loquitur, courts have accounted for the fact that there may be instances where a plaintiff is unable to present any evidence of a specific negligent act or omission and yet where the injury to the plaintiff and the surrounding circumstances suggest that the defendant did in fact negligently cause the injury. Despite the fact that the doctrine of res ipsa has been well-accepted by American courts, the courts have struggled to appropriately formulate the doctrine so as to achieve its important purpose of allowing recovery in appropriate situations while not formulating it so …

Utilization Of The Most Costly And Intense Mental Health Services Among Children In Out-Of-Home Care, Svetlana Yampolskaya, Paul E. Greenbaum, Colleen Clark, Richard Briscoe

Mental Health Law & Policy Faculty Publications

No abstract provided.

(Still) Not Fit To Be Named: Moving Beyond Race To Explain Why 'Separate' Nomenclature For Gay And Straight Relationships Will Never Be 'Equal', Courtney Megan Cahill

Scholarly Publications

No abstract provided.

A Role In The Remedy: Finding A Place For Isps In The Digital Music World, Joseph Merante

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Ex Ante Crowdfunding And The Recording Industry: A Model For The U.S., Tim Kappel

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Patentee And Infringer Battlefront Worsens As Courts Sharpen The Infringer's Sword, David A. Haynes

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Fcc's New Formula For Mergers, Bradley Dugan

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Myspace-Ing Is Not A Crime: Why Breaching Terms Of Service Agreements Should Not Implicate The Computer Fraud And Abuse Act, Ryan Patrick Murray

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Increasing Relevance Of Copyright Statutory Damages: Some Brief Digressions Upon Capitol Records V. Thomas, Sherwin Siy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Table Of Contents - Issue 5, North Carolina Law Review

North Carolina Law Review

No abstract provided.

The Political Economy Of The Patent System, Jay P. Kesan, Andres A. Gallo

North Carolina Law Review

No abstract provided.

Of Trolls, Davids, Goliaths, And Kings: Narratives And Evidence In The Litigation Of High-Tech Patents, Colleen V. Chien

North Carolina Law Review

No abstract provided.