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2009

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Full-Text Articles in Law

Judicial Audiences And Reputation: Perspectives From Comparative Law, Nuno Garoupa, Tom Ginsburg Jan 2009

Judicial Audiences And Reputation: Perspectives From Comparative Law, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

Whether judges are motivated to make good law or maximize policy goals, they need to develop and maintain a good reputation with some audience. We distinguish internal and external audiences for individual judicial decision-making: internal audiences are those within the judiciary itself, while external audiences include lawyers, the media or the general public. Different legal systems emphasize different audiences: some rely on external audiences that encourage judges to invest in their individual reputations, while others emphasize internal audiences that facilitate the collective reputation of the judiciary as a whole. The article analyzes the interaction between internal and external audiences over …


The Comparative Law And Economics Of Judicial Councils, Nuno Garoupa, Tom Ginsburg Jan 2009

The Comparative Law And Economics Of Judicial Councils, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

In recent decades, many countries around the world have institutionalized judicial councils, institutions designed to enhance judicial independence and accountability. Our paper, the first comparative inquiry into this phenomenon, has two aims. First, we provide an economic theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we discuss the national experience of several legal systems in light of our theory.


A Failed Legal Periodical/Newspaper Of Mid-Nineteenth Century Pennsylvania: Olwine's Law Journal (December 29, 1849 To May 18, 1850), Joel Fishman Jan 2009

A Failed Legal Periodical/Newspaper Of Mid-Nineteenth Century Pennsylvania: Olwine's Law Journal (December 29, 1849 To May 18, 1850), Joel Fishman

Law Faculty Publications

In reviewing the history of Pennsylvania legal periodicals, Olwine's Law Journal has one of the shortest publishing histories covering less than five months from late December 1849 to mid- May 1850.1 The newspaper was published weekly on Saturday in quarto size, in twenty-one issues over the six-month period. Each issue consisted of eight pages, consecutively paginated, with 168 pages in the entire publication. Isaac Wayne Olwine (1827?- 1863) was the editor of the newspaper and served as Deputy Prothonotary of the Court of Common Pleas of Philadelphia County, whose father Anthony was prothonotary at the time.


Building Intellectual Property Coalitions For Development, Peter K. Yu Jan 2009

Building Intellectual Property Coalitions For Development, Peter K. Yu

Faculty Scholarship

The adoption of the WIPO Development Agenda in October 2007 has provided less developed countries with a rare and unprecedented opportunity to reshape the international intellectual property system in a way that would better advance their interests. However, if these countries are to succeed, they need to take advantage of the current momentum, coordinate better with other countries and nongovernmental organizations, and more actively share with others their experience, knowledge, and best practices.

Commissioned by the EDGE (Emerging Dynamic Global Economies) Network of the University of Ottawa, this paper begins by explaining how building intellectual property coalitions for development (IPC4D) …


Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack Jan 2009

Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack

Law and Contemporary Problems

There haven't always been scientific witnesses: in fact, there haven't always been witnesses. In early medieval times, courts relied on tests by oath, ordeal, and sometimes by combat. Here, Haack provides a brief historical background to the use of scientific experts in law and then proceeds to discuss in greater detail the values underlying scientific inquiry, the uncertainty in the quest of knowledge and understanding, and the methods by which consensus is reached, even if that consensus is always tentative. She then contrasts scientific inquiry with the law's quest for "truth" in the courtroom and, particularly, the normative and temporal …


Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz Jan 2009

Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz

Law and Contemporary Problems

No abstract provided.


Science, Law And The Expert Witness, Joseph Sanders Jan 2009

Science, Law And The Expert Witness, Joseph Sanders

Law and Contemporary Problems

Expert witnessing is a particularly useful place to observe the clash of legal and scientific conventions because it is here that one group of people (scientific experts) who are integrated into one set of conventions are challenged by the expectations of a different set of conventions. Here, Sanders looks at how legal conventions affect the behavior of expert witnesses when they appear in court in both criminal and civil cases. He also reviews differences in scientific and legal conventions as they apply to expert knowledge and discusses two central reasons for these differences: adversarialism and closure.


How Much Evidence Is Enough? Conventions Of Causal Inference, David Kriebel Jan 2009

How Much Evidence Is Enough? Conventions Of Causal Inference, David Kriebel

Law and Contemporary Problems

One of the most important issues for science in the courtroom is the determination of causality. Like science in the courtroom, science in the regulatory arena can also bring a clash of cultures, misunderstanding, and controversy--especially when decisions must be made with some urgency with interested parties watching closely. Here, Kriebel discusses some conventions in the conduct of science and in the ways that scientific information is communicated to nonscientists that can make it difficult for judges, lawyers, regulators, and politicians to do their jobs making decisions about complex environmental and health issues.


Trials And Tribulations: What Happens When Historians Enter The Courtroom, David Rosner Jan 2009

Trials And Tribulations: What Happens When Historians Enter The Courtroom, David Rosner

Law and Contemporary Problems

In recent years, historians have been brought into legal cases in unprecedented numbers. As the courts have tried to adjudicate responsibility for environmental and occupational diseases, history has played an increasingly central role in decisions that affect the cases themselves and in social policy regarding risk. In suits over tobacco-related diseases, asbestosis, radiation, and other toxic substances, more historians of technology and science, social history, and public health are being sought to provide testimony aimed at assessing responsibility for damages that have arisen years--sometimes decades--after exposure. Here, Rosner traces the use of historians as experts in litigation.


Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond Jan 2009

Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond

Law and Contemporary Problems

Recently in Australia, common-law judges began to modify the way expert evidence is prepared and presented. Judges from a range of civil jurisdictions have conscientiously sought to reduce expert partisanship and the extent of expert disagreement in an attempt to enhance procedural efficiency and improve access to justice. One of these reforms, concurrent evidence, enables expert witnesses to participate in a joint session with considerable testimonial latitude. This represents a shift away from an adversarial approach and a conscientious attempt to foster scientific values and norms. Here, Edmond describes how changes to Australian civil procedure, motivated by judicial concerns about …


In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill Jan 2009

In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill

Law and Contemporary Problems

At the turn of the nineteenth century, the US Supreme Court established and reinforced numerous so-called "economic rights." During the Lochner v. New York era, the Court invalidated almost 200 federal and state economic and labor regulations for interfering with the right to contract and for violating substantive due process. In 1937, however, Justice Stone's famous "footnote four" in United States v. Carolene Products Co. closed the coffin on Lochner. After Carolene Products, the Court stopped applying heightened scrutiny to economic legislation, and it began consciously protecting "discrete and insular minorities." Here, Dodrill explains the Lochner-era Supreme Court's standard of …


Journal Staff Jan 2009

Journal Staff

Law and Contemporary Problems

No abstract provided.


Rethinking Visitation: From A Parental To A Relational Right, Ayelet Blecher-Prigat Jan 2009

Rethinking Visitation: From A Parental To A Relational Right, Ayelet Blecher-Prigat

Duke Journal of Gender Law & Policy

[...] visitation rights are considered to arise from the very fact of parenthood, so that parents are entitled to this right simply by being legally recognized as parents. [...] visitation rights are subject to the general rule of parental exclusivity: only a child's legal parents have rights considered parental, and non-parents cannot acquire them.


What’S Love Got To Do With It? A Proposal For Elevating The Status Of Marriage By Narrowing Its Definition, While Universally Extending The Rights And Benefits Enjoyed By Married Couples, James L. Musselman Jan 2009

What’S Love Got To Do With It? A Proposal For Elevating The Status Of Marriage By Narrowing Its Definition, While Universally Extending The Rights And Benefits Enjoyed By Married Couples, James L. Musselman

Duke Journal of Gender Law & Policy

[...] opposite-sex couples desiring a traditional marriage could choose the option that generally adopts portions of the covenant marriage law enacted thus far by three states. According to Professors Jennifer Drobac and Antony Page, [b]efore the late eighteenth century, marriage typically only served one or more of three goals: (1) to consolidate wealth and resources, (2) to forge political alliances, and (3) to consummate peace treaties.


In The Wake Of Ledbetter V. Goodyear Tire & Rubber Company: Applying The Discovery Rule To Determine The Start Of The Limitations Period For Pay Discrimination Claims, Nancy Zisk Jan 2009

In The Wake Of Ledbetter V. Goodyear Tire & Rubber Company: Applying The Discovery Rule To Determine The Start Of The Limitations Period For Pay Discrimination Claims, Nancy Zisk

Duke Journal of Gender Law & Policy

"14 These laws include Title VII of the Civil Rights Act of 1964,15 Section 1981 of the Civil War Reconstruction statutes,16 the Age Discrimination in Employment Act of 1967 (ADEA),17 the Equal Pay Act (EPA),18 and the Americans with Disabilities Act of 1990 (ADA).19 While the statutes define different types of discrimination, each addresses discrimination in employment and defines a limitations period in which an employee can bring a claim.20 With Title VII defining the "paradigm," the first step in determining whether a claim is timely under any statute is determining when the discriminatory act takes place.21 To do that, …


Pathways For Women To Obtain Positions Of Organization Leadership: The Significance Of Mentoring And Networking, Cindy A. Schipani, Terry M. Dworkin, Angel Kwolek-Foll, Virginia G. Maurer Jan 2009

Pathways For Women To Obtain Positions Of Organization Leadership: The Significance Of Mentoring And Networking, Cindy A. Schipani, Terry M. Dworkin, Angel Kwolek-Foll, Virginia G. Maurer

Duke Journal of Gender Law & Policy

No abstract provided.


A Man’S Right To Choose His Surname In Marriage: A Proposal, Michael Mahoney Frandina Jan 2009

A Man’S Right To Choose His Surname In Marriage: A Proposal, Michael Mahoney Frandina

Duke Journal of Gender Law & Policy

[...] a brief history of marital and naming practices will outline how these two concepts have shifted to a primarily private issue today, as compared with the Middle Ages, when they were primarily public issues highly concerned with property matters. [...] naming involves important issues in the construction of one's identity.


Journal Staff Jan 2009

Journal Staff

Duke Journal of Gender Law & Policy

No abstract provided.


The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley Jan 2009

The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley

Duke Journal of Gender Law & Policy

Should the BFOQ exception still exist? Because permitting discrimination under Title VII seems fundamentally contrary to the anti-discrimination purpose of the statute, this article questions whether the BFOQ defense is consistent with the aims of Title VII or whether, in actuality, the defense undermines the Act's effectiveness by providing a loophole for employers to participate in the discriminatory practices Title VII seeks to forbid.


The Guide For Future Preservation In Historic Districts Using A Creative Approach: Charleston, South Carolina's Contextual Approach To Historic Preservation, Hunter S. Edwards Jan 2009

The Guide For Future Preservation In Historic Districts Using A Creative Approach: Charleston, South Carolina's Contextual Approach To Historic Preservation, Hunter S. Edwards

University of Florida Journal of Law & Public Policy

No abstract provided.


Raid Of The Masses: How The Seizure Of Flds Children Supports Applying The Traditional Criminal Law Exigent Circumstances Exception In The Child Removal Context, Lorna Cobb Jan 2009

Raid Of The Masses: How The Seizure Of Flds Children Supports Applying The Traditional Criminal Law Exigent Circumstances Exception In The Child Removal Context, Lorna Cobb

University of Florida Journal of Law & Public Policy

No abstract provided.


Denmark Energy Policy: Success In Achieving Energy Independence And Establishing An International Wind Energy Industry, Jeremy Mcbryan Jan 2009

Denmark Energy Policy: Success In Achieving Energy Independence And Establishing An International Wind Energy Industry, Jeremy Mcbryan

University of Florida Journal of Law & Public Policy

No abstract provided.


Habeas Corpus: What The Closing Of Guantanamo Bay Means For Future Challenges To Executive Detention From Abroad, Jay A. Yagoda Jan 2009

Habeas Corpus: What The Closing Of Guantanamo Bay Means For Future Challenges To Executive Detention From Abroad, Jay A. Yagoda

University of Florida Journal of Law & Public Policy

No abstract provided.


Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 1 Jan 2009

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Foreword, Nancy E. Dowd Jan 2009

Foreword, Nancy E. Dowd

University of Florida Journal of Law & Public Policy

No abstract provided.


Reflections On Loving And Children's Rights, Barbara Bennett Woodhouse, Kelly Reese Jan 2009

Reflections On Loving And Children's Rights, Barbara Bennett Woodhouse, Kelly Reese

University of Florida Journal of Law & Public Policy

No abstract provided.


The State As Batterer: Learning From Family Law To Address America's Family-Like Racial Dysfunction, Angela Mae Kupenda Jan 2009

The State As Batterer: Learning From Family Law To Address America's Family-Like Racial Dysfunction, Angela Mae Kupenda

University of Florida Journal of Law & Public Policy

No abstract provided.


Collaborative Law: A New Tool For The Lawyer's Toolkit, Susan Daicoff Jan 2009

Collaborative Law: A New Tool For The Lawyer's Toolkit, Susan Daicoff

University of Florida Journal of Law & Public Policy

No abstract provided.


What's So Great About Sograt?: An Analysis Of The Ethical Issues Created By Tax Patents And A Patently Strict Dilemma, Jason Pill Jan 2009

What's So Great About Sograt?: An Analysis Of The Ethical Issues Created By Tax Patents And A Patently Strict Dilemma, Jason Pill

University of Florida Journal of Law & Public Policy

No abstract provided.


Internet-Television, Peer-To-Peer Technology And Free Speech: Lessons From Web 1.0, Mark R. Caramanica Jan 2009

Internet-Television, Peer-To-Peer Technology And Free Speech: Lessons From Web 1.0, Mark R. Caramanica

University of Florida Journal of Law & Public Policy

No abstract provided.