Law Commons^™

December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz

Hallowed Secularism

Blog post, “As Christmas Goes, So Goes the Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams

Nevada Supreme Court Summaries

In The Matter of the Parental Rights as to N.J.,

Summary Of Sanchez V. Wal-Mart, 125 Nev. Adv. Op. No. 60, Shana S. Brouwers

Nevada Supreme Court Summaries

Plaintiffs/Appellants appeal from a district court dismissal of their complaint against several pharmacies for wrongful death and personal injury in a common-law negligence and negligence per se action.

Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams

Nevada Supreme Court Summaries

Dec. 24, 2009

Summary Of Landreth V. Malik, 127 Nev. Adv. Op. No. 16, Charles Gianelloni

Nevada Supreme Court Summaries

An appeal from default judgment stemming from a property dispute ordered by the Family Court Division of the Eighth Judicial District Court

Summary Of Stephens Media V. Dist. Court, 125 Nev. Adv. Op. No. 63, John L. Ward

Nevada Supreme Court Summaries

Review of a motion regarding two issues of first impression: (1) determining whether petitioners met the proper procedure whereby the press may file a motion to intervene in a criminal case when seeking access to juror questionnaires, and (2) whether district courts must publicly disclose juror questionnaires.

Berghuis V. Smith: Brief For Social Scientists, Statisticians, And Law Professors, Jeffrey Fagan, Et Al., As Amici Curiae Supporting Respondent, Samuel R. Gross

Appellate Briefs

Amici curiae are leading social scientists, statisticians, and law professors actively engaged in social scientific research focused on the criminal justice system. Included among amici are authors of authoritative books and articles on statistics and the application of statistics in social science. Amici have written and conducted studies on a broad range of topics concerning the criminal justice and jury systems. Many amici are members and leaders of associations in their fields, including the National Academy of Sciences, the National Science Foundation, and the American Society of Criminology.

Amici curiae submit this brief to evaluate the various proposed methods for …

Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

The Objectives And Principles Of The Trips Agreement, Peter K. Yu

Faculty Scholarship

The Agreement on Trade-Related Aspects of Intellectual Property Rights, which established the minimum standards for the protection and enforcement of intellectual property rights for WTO members, remains one of the more controversial international intellectual property agreements that have entered into force. Although that Agreement embraces a highly problematic super-size-fits-all approach, it includes a number of safeguards and flexibilities to facilitate economic development and to protect the public interest. Articles 7 and 8, in particular, lay out explicit and important objectives and principles that can play important roles in the interpretation and implementation of the Agreement.

Presented at the 2009 Santa …

Justifying The Exclusion Of Insurance, Jeffrey H. Kahn

Scholarly Publications

No abstract provided.

December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Does a Hallowed Secularist Send Chanukah Gifts?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz

Hallowed Secularism

Blog post, “Outrageous Breach of Wall of Separation as Rabbis Urge Lieberman to Support Health Care Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Unpacking Adaptibility, Andreas Engert, D. Gordon Smith

BYU Law Review

No abstract provided.

Law And Finance: Inaccurate, Incomplete, And Important, Ruth V. Aguilera, Cynthia A. Williams

BYU Law Review

No abstract provided.

Law And Financial Development: What We Are Learning From Time-Series Evidence, John Armour, Simon Deakin, Viviana Mollica, Mathias Siems

BYU Law Review

No abstract provided.

Legal Regimes And Political Particularism: An Assessment Of The "Legal Families" Theory From The Perspectives Of Comparative Law And Political Economy, John W. Cioffi, D. Gordon Smith

BYU Law Review

The “legal families” theory of corporate law and ownership structures pioneered by Rafael La Porta, Florencio Lopez-deSilanes, Andrei Shleifer, and Robert Vishny provides one of the most influential accounts of why “law matters” in shaping economic organization and outcomes. However, the empirical bases and theoretical logic of the theory contain serious flaws and limitations. First, as has been pointed out by a number of critics engaged in this revision, the legal origins literature contains numerous problematic characterizations of substantive law that expose the serious problems of quantitative operationalization of legal rules as a mode of comparative legal analysis. Second, the …

The Legal Origins Theory In Crisis, Lisa M. Fairfax

BYU Law Review

No abstract provided.

Legal Origins And The Tasks Of Corporate Law In Economic Development: A Preliminary Exploration, John Ohnesorge

BYU Law Review

No abstract provided.

A "Law & Personal Finance" View Of Legal Origins Theory, Karl S. Okamoto

BYU Law Review

No abstract provided.

Rethinking The "Law And Finance" Paradigm, Katharina Pistor

BYU Law Review

No abstract provided.

Legal Origins, Investor Protection, And Canada, Poonam Puri

BYU Law Review

No abstract provided.

Contemporary Legal Transplants: Legal Families And The Diffusion Of (Corporate) Law, Holger Spamann Spamann

BYU Law Review

No abstract provided.

Mixing-And-Matching Across (Legal) Family Lines, J. Mark Ramseyer

BYU Law Review

No abstract provided.

Competition Policy And Comparative Corporate Governance Of State-Owned Enterprises, D. Daniel Sokol

BYU Law Review

No abstract provided.

Boumediene V. Bush: Habeas Corpus, Exhaustion, And The Special Circumstances Exception, Brandon C. Pond

BYU Law Review

No abstract provided.

Frontmatter

BYU Law Review

No abstract provided.

Legal Origins, Functionalism, And The Future Of Comparative Law, Chrisopher A. Whytock

BYU Law Review

No abstract provided.

Copyright For A Social Species, Robert E. Suggs

Faculty Scholarship

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry.

The expressive culture that copyright protects …

Virtual Intermediaries Ii - Canadian Solutions (Drop Shipments) Compared With Us, Japanese & Eu Approaches, Richard Thompson Ainsworth

Faculty Scholarship

Virtual travel agents are opportunistic internet-based travel agents. They are intermediary businesses that create mutually beneficial three-party transactions that secure accommodations for a traveler that: (a) meet the basic needs of the traveler (at a discount), (b) fills vacant room for accommodation retailers with guests that pay below market, but above standard costs, and (c) profit from the extra cash, the margin in the transaction.

The virtual intermediary’s eye is always on the discount and the cash flow. One of the things that catches their attention are the accommodation taxes which they collect from the traveler in advance and remit …