Law Commons^™

Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger Fairfax

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The grand jury is a "much maligned" organ of the criminal justice system.' Regularly employed in only about half of the states and grudgingly tolerated in the federal system,2 the American grand jury for two centuries has been criticized as costly, ineffective, overly-compliant, and redundant. Prescriptions have ranged from reforms designed to improve the grand jury's performance of its traditional filtering and charging functions to the outright abolition of the grand jury. Consequently, much of the scholarly defense of the grand jury seemingly has done little more than attempt to justify its very existence.

This Article seeks to take the …

The Year In Economics At The Fcc: A National Plan For Broadband, Jonathan Baker, Paul De Sa

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The past year in economics at the Federal Communications Commission (FCC) has focused on encouraging the adoption and deployment of high capacity Internet access and the associated networks, commonly termed “broadband.” Our article sketches important economic themes in the FCC’s National Broadband Plan to show how the application of basic principles of regulatory economics takes account of rapid technological change. We discuss natural monopoly regulation, externalities and cross-subsidies, network effects and interconnection, the allocation of scarce inputs, protecting and fostering competitive markets, and consumer protection and transparency as they apply to the development of broadband.

Do Lawyers And Law Professors Have Any Comparative Advantages In Opining On Financial Regulation Reform?, Kenneth Anderson

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American University, WCL Research Paper 10-22Abstract:This short essay addresses a worry sometimes at the back of the minds of financial lawyers and law-and-finance scholars seeking to intervene in the debate over financial regulation reform in the wake of the financial crisis of 2007-09. As lawyers and law professors, what - if anything - do we have to contribute to the debate? Are the fundamental questions of the financial crisis not economic in a professional and disciplinary sense? Questions that require formal disciplinary skills and training in economics in order to be able formulate positions on the fundamental issues, in which …

A Synergistic Pedagogical Approach To First-Year Teaching, Jamie Abrams

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The First “Colonial Frontier” Legal Writing Conference, held at Duquesne University School of Law, focused on Engendering Hope in the Legal Writing Classroom: Pedagogy, Curriculum, and Attitude. This conference built on the foundational work of Allison Martin and Kevin Rand in which these scholars call for educators to engender hope in law students to prepare them for practice. Martin and Rand conclude that hope is a predictor of students’ academic performance and psychological health during the first semester of law school and recommend that law professors “maintain and creat[e] hope in law students” by embracing five core principles. Martin and …

Getting To Best Practices - A Personal Voyage Around Fair Use, Peter Jaszi

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These days, I view fair use as a central feature of the law around our information ecology - its presence reminding us, from day to day, that there is more to copyright than maximization, and that innovation happens when the doctrinal settings are loose enough to permit a good deal of "play" (literally and figuratively) in the system. But before the mid-1990s I thought little about the fair use doctrine and did less. As I suspect may be true of other copyright lawyers of my generation (and the ones preceding it, I spent most of my professional career taking fair …

The Collateral Consequences Of Masculinizing Violence, Jamie Abrams

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Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity – a dominant form of masculinity whereby some types of men have power over women and over some other men – can directly cause violence against women and reveals both the underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory …

Predators Over Pakistan, Kenneth Anderson

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American University, WCL Research Paper No. 2010-06Abstract:This extended policy/political essay argues that targeted killing, by means of unmanned aerial vehicles such as Predator "drones" and including targeted killing as carried out by the CIA, is both a good policy in combating transnational terrorism and a lawful means of self-defense under international law. Lengthy (for a political magazine, at 8,000 words, but easier to read in this pdf format) and unabashedly polemical, the essay urges the Obama administration's lawyers to step up publicly and articulate their views of the legality of targeted killing, and further argues that they need to do …

This Field Is Our Field: Foreign Players, Domestic Leagues, And The Unlawful Racial Manipulation Of American Sport_Tulane Law Review, N. Jeremi Duru

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Introduction: During the last several decades, international athletes' presence in professional American sports has reached unprecedented levels. Not all premier professional American sports leagues, however, accommodate internationalization to the same extent. While the National Football League (NFL), the National Hockey League (NHL), the National Basketball Association (NBA), and Major League Baseball (MLB) do not impose limits on international entrants into their leagues, Major League Soccer (MLS) does. Under a policy established at the league's founding in 1996 (the MILS Policy or the Policy), no MLS team may stock its twenty-person senior roster with any more than eight international players.

Of Lawyers, Leaders, And Returning Riddles In Sovereign Debt: An Introduction, Anna Gelpern

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No abstract provided.

Ahistorical Indians And Reservation Resources, Ezra Rosser

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The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.

Introductory Note For The International Criminal Court, Susana Sacouto

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INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.

Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson

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No abstract provided.

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

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No abstract provided.

Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean Flynn

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Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insurance companies have on these life-saving drugs” and pledged support for “the rights of sovereign nations to access quality-assured, low-cost generic medication to meet their pressing public health needs.” The 2009 and 2010 Special 301 reports, however, indicate that the Obama Administration has not yet implemented this pledge into administration trade …

Empirical Modalities: Lessons For The Future Of International Investment, Susan Franck

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Empirical approaches add value to international investment law and aid in its evolution. Nevertheless, we must "fit the forum to the fuss." When transforming international law, we select proper methodologies for specific research questions and make international law empiricism part of a larger post-structuralist, pluralist legal dialogue. In connection with that, my remarks first place empirical research on international investment in a historical context. I then discuss where the research is today and offer an example of how empirical methods can be used to understand, reassess, and possibly transform international investment law and related institutions. Finally, I consider the future …

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman

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No abstract provided.

Writer's Block: The "Ins And Outs" Of Good Legal Writing, Part One, David Spratt

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No abstract provided.

Special 301 And Access To Medicine In The Obama Administration, Sean Flynn

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No abstract provided.

Raising The Bar: Us Legal Education In An International Setting, Claudio Grossman

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No abstract provided.

The Potential Of Rulemaking By The Nlrb, Jeffrey Lubbers

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No abstract provided.

A Survey Of Federal Agency Rulemakers’ Attitudes About E-Rulemaking, Jeffrey Lubbers

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Drawing on a survey of U.S. civil servants engaged in developing regulations across a wide variety of agencies, this chapter analyzes how bureaucrats in key positions view the impact on their work of “electronic rulemaking” – that is, the creation of online opportunities for members of the public to comment on proposed administrative regulations. There is strong evidence that rulemakers appreciate the value of new technologies for public participation purposes and for internal administration and coordination functions, but less evidence that they see the utility of e-rulemaking for improving the quality of administrative rules.

Mitigation/Adaptation And Health: Health Policymaking In The Global Response To Climate Change And Implications For Other Upstream Determinants, Lindsay Wiley

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No abstract provided.

Preempting Justice: Precrime In Fiction And In Fact, Mark Niles

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No abstract provided.

Outsourcing Criminal Prosecution?: The Limits Of Criminal Justice Privatization, Roger Fairfax

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In an era of scarce public resources, many jurisdictions are being forced to take drastic measures to address severe budgetary constraints on the administration of criminal justice. As prosecutors' budgets around the nation are being scaled back and enforcement capacities are being narrowed, one conceivable response is the outsourcing of the criminal prosecution function to private lawyers. Indeed, prosecution outsourcing currently is utilized in surprising measure by jurisdictions in the United States.

This Article, prepared for the University of Chicago Legal Forum Symposium on Crime, Criminal Law, and the Recession, argues that the outsourcing trend in criminal justice-seen most prominently …

The Katanga Complementarity Decisions, Susana Sacouto

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On 25 September 2009, the Appeals Chamber of the International Criminal Court (ICC) issued a seminal decision on the subject of complementarity in the case Prosecutor v. Germain Katanga. The outcome of the Chamber's decision is that, even if a state has initiated an investigation or prosecution against an individual, the ICC may prosecute that individual for the same crimes or even a more selective range of crimes, so long as the state is willing to close the ongoing investigation or prosecution at the request of the ICC Prosecutor. While this decision is defensible under the language of the Rome …

Introduction To Essays On The Future Of Digital Communications, Fernando Laguarda

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INTRODUCTION: The Time Warner Cable Research Program on Digital Communications is pleased to have supported the five essays in this Federal Communications Law Journal symposium. We launched the research program with the goal of encouraging debate and discussion on ideas of importance to the future of our industry and its role in the communities we serve. We hope to do so by providing a new forum for scholars to engage with the community of stakeholders who make and influence policy. We want to encourage increased dialogue and generate new ideas that bring us closer to solving the challenges we face. …

The Impact Of The Financial Crisis On Trade And Investment, Padideh Ala'i

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No abstract provided.

Significance Of The Fujimori Trial, Juan E. Mendez

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No abstract provided.

Legal Education Reform, Claudio Grossman

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No abstract provided.

Money Market Fund Reform Viewed Through A Systemic Risk Lens, Hilary Allen

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INTRODUCTION: Money market funds ("MMFs") were first developed in the 1970s, and since that time, they have become increasingly popular as an alternative to deposit accounts. Since the financial crisis of September 2008, there has been much discussion about the systemic risks posed by alternatives to commercial banking products. One of the key themes of this discussion is whether the systemic importance of these alternative banking products justifies the imposition of heightened regulation and supervision. This article takes the view, after a comparison of deposit accounts and MMFs, that MMFs are systemically important. It then goes on to consider, through …