Law Commons^™

You Only Live Twice: How The First Amendment Impacts Child Pornography In Second Life, Sabryne Coleman

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Now Taking The Field, The State Government: Landmark Status Of Baseball Stadiums As Regulatory Takings, Bryan Steinkohl

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker

BYU Law Review

No abstract provided.

Information Disclosure, Risk Trading And The Nature Of Derivative Instruments: From Common Law Perspective, Christopher Chao-Hung Chen

Research Collection Yong Pung How School Of Law

This paper explores issues of pre-contractual disclosure for derivative instruments, of which this paper describes as contracts to trade risks, in the UK and US. While there is no general duty of disclosure in common law, this paper focuses on whether there should be a duty of disclosure for derivative instruments by comparing with securities law and insurance law. This paper argues that mandatory disclosure in the securities market cannot be extended to exchange-traded futures contracts (save where securities are involved) because of the nature of securities. In addition, this paper argues that derivative instruments, though similar to insurance in …

Some Thoughts About Citizen Lawyers, Lawrence M. Friedman

William & Mary Law Review

No abstract provided.

Measuring The Unconscionable, Sarah Stanlick

Human Rights & Human Welfare

The combination of level-headed scientific approaches and passionate activism seems at first glance an incompatible relationship. For the passionate humanitarian, there is a hesitation in fear of "selling out" to the black and white world of science, that science would somehow take the "human" dimension away from human rights. However, the bigger issue-and opportunity-is the multitude of ways that the partnership between scientific method and human rights can yield possibilities and innovations. As described in Sonia Shah's piece in The Nation , scientists are coming together to lend their unique skills and perspective to the ever-changing global status of human …

Protecting The Party Girl: A New Approach For Evaluating Intoxicated Consent, Christine Chambers Goodman

BYU Law Review

No abstract provided.

Reproducing Gender On Law School Faculties, Ann C. Mcginley

BYU Law Review

No abstract provided.

Preaching To The Court House And Judging In The Temple, Nathan B. Oman

BYU Law Review

No abstract provided.

Enforcing Judgments Across State And National Boundaries: Inbound Foreign Judgments And Outbound Texas Judgments, James P. George

Faculty Scholarship

Litigation between parties in different states has been common since the success of the railroads and telegraph in the late nineteenth century. International litigation--suits involving parties from different countries--is now routine. In spite of that routine, lawyers continue to face enforcement obstacles when suing a defendant from another state or country. Similarly, defendants perceive unfairness from judgments rendered far away. Those enforcement obstacles and instances of unfairness have been lessened by uniform enforcement statutes and a few treaties, but the rules remain elusive.

This Article provides a cursory outline for most foreign-judgment enforcement issues that Texas attorneys will face. It …

Realization Right To Health In The Context Of Pharmaceutical Under International Law, Huei-Ying (Lucille) Hsu

Theses and Dissertations

Examining the problem of realizing the right to health in accessible and affordable pharmaceutical product, this dissertation begins with the legal personality of the actors involved in the realization of the right to health. Chapter 2 further explores the uniqueness of pharmaceutical products and development of the pharmaceutical industry. Chapter 3 describes the development of intellectual property protection on pharmaceutical products. Chapter 4 then focuses on the international human rights development of the right to health and discusses the relationship of the right to health to accessible and affordable pharmaceutical products. Chapter 5 describes in greater detail the responsibility and …

Development Of The Organised Crime Threat Assessment (Octa) And Internal Security Architecture, Benjamin J. Goold

All Faculty Publications

This briefing paper provides an overview of the existing European Union approach to issues of security, counter-terrorism, and organised crime. In particular, it focuses on the role of the European Security Strategy (ESS) in the formation of policy and in the development of new institutions and institutional arrangements within the EU, and the influence of the Organised Crime Threat Assessment (OCTA). The paper argues that steps should be taken to streamline and rationalise the existing structures concerned with security, counter-terrorism and organised crime, and strongly recommends that a “Committee on Internal Security” be established to act as a single point …

Amended Article 2: What Went Wrong, William H. Henning

Faculty Scholarship

This symposium issue explores two related questions: 1) Is the current version of Article 2 of the Uniform Commercial Code (U.C.C., or Code) satisfactory for dealing with modem sales-law issues; and 2) What problems are likely to arise as a result of amended Article 2's failure in the legislatures? My answer to the first question is "probably not, but it will have to do." The original article was drafted when manufacturers' warranties were rare and electronic contracting and products that combine goods and software were unknown. Although brilliant in conception, the drafting is often confusing and even sloppy. Judging from …

User Privacy And Information Disclosure: The Need For Clarity In "Opt-In" Questions For Consent To Share Personal Information, Suzanna Shaub

Washington Journal of Law, Technology & Arts

Many company Web sites obtain permission to disclose their users’ private information to third parties through the use of “opt-in” mechanisms, which require consumers to affirmatively grant consent to collect data from the user. These opt-in questions often ask general questions, such as whether the user would like to receive further information about the company or a product. Many companies construe an affirmative answer as consent to disclose personal information in accordance with its privacy policy. Although companies with this practice have generally avoided liability in the past, a recent case raises significant skepticism regarding the practice. In CollegeNET, Inc. …

Where Vernor V. Autodesk Fits Into First Sale Decisions, Thomas A. Hackett

Washington Journal of Law, Technology & Arts

Many courts have found that software is licensed rather than sold. As a result, software often falls outside the first sale doctrine; however, Vernor v. Autodesk found with the minority of courts that software is sold rather than licensed, and granted owners of the purchased software first sale rights. This Article examines four pertinent concerns that flow from Vernor v. Autodesk, including: (1) the status of federal copyright law in the context of the first sale doctrine; (2) the judicial split among courts applying the doctrine; (3) where Vernor v. Autodesk fits into this split; and (4) the future …

Avoiding Deference Questions, Garrick B. Pursley

Tulsa Law Review

No abstract provided.

Use Coaching To Develop Your Lawyers’ Skills And Expand Your Firm’S Potential, Sandee Magliozzi, Susan P. Beneville

Faculty Publications

No abstract provided.

Police Corruption Control In Hong Kong And New York City: A Dilemma Of Checks And Balances In Combating Corruption, Jinhua Cheng

Brigham Young University Journal of Public Law

No abstract provided.

Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power

Brigham Young University Journal of Public Law

No abstract provided.

An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card

Brigham Young University Journal of Public Law

No abstract provided.

Up In Smoke: Federal Preemption And Medicinal Marijuana Id Cards In County Of San Diego V. San Diego Norml, Douglas Farr

Brigham Young University Journal of Public Law

No abstract provided.

Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan

Working Paper Series

This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …

Comparative Constitutional Epics, Penelope J. Pether

Working Paper Series

This essay takes up Robert Cover’s account, in “Nomos and Narrative” of Constitutional Epics. Ranging across legal and literary texts including Toni Morrison’s Beloved, David Malouf’s An Imaginary Life, the Canadian Arar Commission Report, and Bringing Them Home, the Report of the Australian Human Rights and Opportunity Commission’s National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, it concludes that what comparative study of Constitutions and their Epics might yield are brutal truths and the judgments of history, but also insights into how we might make of that unpromising material a nomos and a …

Cautionary Tales, Penelope J. Pether

Working Paper Series

“This is a review essay of Nan Seuffert’s Jurisprudence of National Identity: Kaleidoscopes of Imperialism and Globalisation from Aotearoa New Zealand (Ashgate, 2006), a critical, interdisciplinary study of the construction of national identity of Aotearoa New Zealand, which unearths the raced and gendered constitution of this postcolonial nation state.”

Massachusetts' System Redesign To End Homelessness: An Overview And Assessment, Donna H. Friedman, Ghazal Zulfiqar

Center for Social Policy Publications

The Clayton-Mathews and Wilson 2003 analysis of Massachusetts’ expenditures of state and federal dollars to address family homelessness documented a serious system misalignment of public resources: that is, 80% of state and federal resources were tied up in shelter provision, while only 20%, including rental assistance, were designated for homelessness prevention (Clayton-Matthews and Wilson, 2003). Their analysis demonstrated what many had long suspected: if homelessness is to be ended in Massachusetts, fundamental changes would be needed to shift the state system from shelter-oriented toward prevention-oriented. Both the Romney and the Patrick administrations have clearly prioritized this objective with broad-based support …

March Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Scientists Come Out for Human Rights ” by Sonia Shah. The Nation. January 27, 2009.

Scientists Promoting Human Rights, Edward Friedman

Human Rights & Human Welfare

Scientists have long been involved with work to protect fundamental human rights. The activities of the Federation of American Scientists to expose the health impact of nuclear testing in the atmosphere is typical. In the Soviet Union , many of the leading human rights activists, starting with the great Andrei Sakharov , were scientists. The same is true in China where a major intellectual force inspiring China's 1989 democracy movement was Fang Lizhi , an astrophysicist. Often their contribution to military security even gives them a little bit of protection.

Enlightenment: Science And Human Rights, Christien Van Den Anker

Human Rights & Human Welfare

The subject of science and human rights sparks off thoughts of how this link has historically and geographically been severed, which has the effect of finding it newsworthy that scientists speak out in favor of human rights.

The ancient Greek philosophers were not limited in their subject matters in the same way as we take for granted now: science, society and the self were all deliberated about both empirically and normatively. Moreover, there was no division of labor between thinkers about one or other of these subjects.

Pre-Islamic Persian influences also affected debates on science. In the Middle Ages with …

An Analysis Of Construction Contractor Performance Evaluation System, Rebecca S. Brown

Theses and Dissertations

A rigorous system for rating construction contractor performance does not exist for the USAF as identified by the Air Force Civil Engineer (USAF CE), Major General Del Eulberg (Eulberg, 2007). The United States Army Corp of Engineers (USACE) uses DD Form 2626 for contractor performance evaluation and contractor selection. The objective of this research is to strengthen the USAF contractor rating system by exploring USACE‘s use of DD Form 2626. Using data from DD Form 2626, statistical analysis was conducted to determine if the measured performance sub-items reflect their respective performance elements, whether the resulting performance elements relate to the …

How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael A. Helfand

William & Mary Bill of Rights Journal

This Article advocates differentiating between two distinct categories of equal protection cases. The first-what I have termed indicator cases-are instances where courts consider whether there are sufficient factual indications to demonstrate the existence of aprimafacie equal protection violation. The second-violation casesare instances where courts consider, having already determined the existence of an equal protection violation, whether there is a good enough justification for a prima facie equal protection violation. Unfortunately, the Supreme Court has not differentiated between these two different types of cases. This has led to a string of decisions where the Supreme Court has erroneously looked for justifications …