Law Commons^™

Three Letters Preventing The Success Of International Environmental Treaties, Michael Greene

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

The Height Of Sophistication: Law And Professionalism In The City-State Of Charleston, South Carolina, 1670-1775, William E. Nelson

South Carolina Law Review

No abstract provided.

Policy, Perspective, And The Proxy Will, Ralph C. Brashier

South Carolina Law Review

No abstract provided.

The Equal Protection Class Of One Claim: Olech, Enquist, And The Supreme Court's Misadventure, Robert C. Farrell

South Carolina Law Review

No abstract provided.

Refuge From A Jurisprudence Of Doubt: Hohfeldian Analysis Of Constitutional Law, Allen Thomas O'Rourke

South Carolina Law Review

No abstract provided.

The International Review | 2009 Fall, Michael Rhee

The International Review Newsletter

The legal implications of the “torture memos”: To prosecute or not?

Using international law to combat uncooperative tax havens

Global efforts to hold corporations accountable: Past efforts and current initiatives

Reform of the UN internal justice system: Meeting the expectations of its own standards

Human trafficking: What role for international law for a still growing problem?

An international right to any name?

An independent Supreme Court for the United Kingdom

Swine flu, pandemics, and international law

Global efforts to stop organ trafficking

Uneven progress in global efforts to fight bribery

Are Taliban fighters obeying the laws of war?

United States …

The Impact Of News Coverage On Conflict: Toward Greater Understanding, Richard C. Reuben

Faculty Publications

This article develops an approach for the empirical study of the news media’s impact on the conflict that it covers. While mass communications research has studied how the news media covers conflict, it has not taken the next step of assessing the impact of that coverage. This article contends that such an inquiry is necessarily an inter-disciplinary task, and joins conflict theory with mass communications research to identify the kinds of questions that may be empirically tested to determine whether the news media is having a constructive or destructive effect on the conflict that it covers.

Is Novelty Obsolete? Chronicling The Irrelevance Of The Invention Date In U.S. Patent Law, Dennis D. Crouch

Faculty Publications

This paper presents a normative study of patent applicant use of invention-date rights during ex parte prosecution.

Legal Writing: Sense And Nonsense, Douglas E. Abrams

Faculty Publications

No abstract provided.

Deed Of Mistrust?: The Use Of Land Transfers To Evade The Establishment Clause, David C. Peet

American University Law Review

No abstract provided.

A Panoramic View Of The Financial Crisis That Began In 2008: The Need For Domestic And International Regulatory Reform, Eric C. Chaffee

University of Dayton Law Review

Introductory essay for the symposium "The Fall from the Bailout: The Impact of the 2008 Bailout of Lending Regulation, Securities Regulations, and Business Ethics."

The Great American Housing Bubble: Re-Examining Cause And Effect, Robert Hardaway

University of Dayton Law Review

No abstract provided.

Disclosure And Judgment: "We Have Met Madoff And He Is Ours", Jeffrey M. Lipshaw

University of Dayton Law Review

No abstract provided.

Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola

University of Miami Inter-American Law Review

No abstract provided.

Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson

University of Miami Inter-American Law Review

No abstract provided.

Mañana, Mañana: Trans-Cultural Perceptions Of Time And The Role Of Polychronism In Latin American Legal Systems, Audrey Pumariega

University of Miami Inter-American Law Review

No abstract provided.

The Dual Subsidy Theory Of Charitable Deductions, Ilan Benshalom

Indiana Law Journal

Americans contribute billions of dollars to charities on an annual basis. Charitable contributions not only represent American generosity, they also represent a form of giving that provides donors with tax relief The current literature on charitable contributions suggests that this relief plays an important role not only in decentralizing the provision of public goods, but also in helping the nonprofit sector provide public goods more efficiently than government spending. Even if these claims were indisputable, they are insufficient to justify the current scheme's antidemocratic function. This Article argues that, at their core, tax-subsidized contributions are part of a nondemocratic mechanism …

Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto

Indiana Law Journal

In September 2007, the European Court of First Instance (CFI) ruled that Microsoft violated the European Union's competition law by failing to provide certain of its rivals with proprietary computer protocols that would have enabled them to make their products fully "interoperable" with Microsoft's dominant operating system. In the process, the court suggested that an owner of certain kinds of dominant intellectual property is obliged to share its property with rivals to the extent necessary to allow those rivals to compete "viably" with the dominant firm. Thus, in theory, should protocol sharing fail to achieve the requisite degree of "viability, …

Our Schizoid Approach To The United States Constitution: Competing Narratives Of Constitutional Dynamism And Stasis, Sanford Levinson

Indiana Law Journal

Jerome Hall Lecture at the Indiana University Maurer School of Law - Bloomington on October 3, 2008

Recasting Carried Interest: An Examination Of Recent Tax Reform Proposals, Marguerite Racher Snyder

Indiana Law Journal

No abstract provided.

Games In The Law School Classroom: Enhancing The Learning Experience, Karin M. Mika

Law Faculty Articles and Essays

Educators have always been concerned with devising ways to make education fun while engaging students in an activity that will be intellectually beneficial. This article explores the use of games in the legal writing classroom.

National Security Policy And Ratification Of The Comprehensive Test Ban Treaty, Winston P. Nagan, Erin K. Slemmens

UF Law Faculty Publications

While no legal obstacles prevent the U.S. Senate's reconsideration of the Comprehensive Nuclear-Test-Ban Treaty (CTBT), lingering doubts (about the effectiveness of the international treaty) and partisan politics (founded upon outdated ideologies of national sovereignty) may again foreclose the opportunity for the United States to lead a just and thorough regime of international arms control. By closely examining the U.S. Senate's previous rejection (and, by implication, the nation's non-ratification) of the CTBT, we assess the political process that failed to realize the security values now imperative to U.S. national defense. To this appraisal, we join analysis of the contemporary law, policy, …

Federalism, Forum Shopping, And The Foreign Injury Paradox, Elizabeth T. Lear

UF Law Faculty Publications

This Article explores the contours of state regulatory power in the foreign injury context. The Supreme Court has long declined to question forum choice in domestic cases, apparently concluding that any other response would be inconsistent with our federalism. But move the injury offshore and the judicial deference to state regulatory supremacy evaporates. Federal judges subject forum choice in transnational tort actions to exacting scrutiny, routinely dismissing such claims on forum non conveniens grounds with no examination of the state interests at stake. This Article first considers whether the offshore nature of a foreign injury diminishes or even extinguishes traditional …

Limiting Anticompetitive Government Interventions That Benefit Special Interests, D. Daniel Sokol

UF Law Faculty Publications

When government regulates, it may either intentionally or unintentionally generate restraints that reduce competition ("public restraints"). Public restraints allow a business to cloak its action in government authority and to immunize it from antitrust regulation. Private businesses may misuse the government's grant of antitrust immunity to facilitate behavior that benefits businesses at consumers' expense. One way is by obtaining government grants of immunity from antitrust scrutiny. A recent series of Supreme Court decisions has made this situation worse by limiting the reach of antitrust law in favor of sector regulation. This is true even though the Supreme Court refers to …

Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché

UF Law Faculty Publications

In 2005, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (the Protocol) came into force. Since that time, the Protocol has received scant attention in legal scholarship. Where the Protocol has been mentioned, by and large it has received praise as a major step forward for women's rights on the continent. Much of that praise is merited. The Protocol includes broad rights to non-discrimination, equality, and dignity, and it addresses a variety of areas such as labor and employment, marriage and the family, the legal system, the political process and …

A Sociological Approach To Misappropriation, Elizabeth A. Rowe

UF Law Faculty Publications

This Article breaks new ground by applying sociological analysis to trade secret law. It uses a group which constitutes the largest segment of the workforce, namely, those labeled Generation X and Generation Y (collectively referred to and coined in the Article as "New Generation Employees") as a case study for analyzing how values and social norms influence compliance with trade secret laws.

By drawing on the sociological literature, the Article is the first to apply theories about employee theft to trade secret misappropriation. It integrates the values of New Generation Employees with principles of equity theory, work climate theory, and …

The Epistemic Status Of The Human Sciences: Critical Reflections On Foucault, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

John Marshall: Definer Of A Nation, Denise R. Johnson

The Journal of Appellate Practice and Process

No abstract provided.

The Merchant Of Venice, Act Iv, Scene 1, Rebecca White Berch

The Journal of Appellate Practice and Process

No abstract provided.