Law Commons^™

Washington State's Duty To Fund K-12 Schools: Where The Legislature Went Wrong And What It Should Do To Meet Its Constitutional Obligation, Daniel C. Stallings

Washington Law Review

The Washington State Constitution makes education Washington State’s top priority. Article IX, section 1 proclaims that “[i]t is the paramount duty of the state to make ample provision for the education of all children residing within its borders . . . .” In the 1978 case of Seattle School District v. State, the Washington State Supreme Court interpreted this language as a command to the state legislature. The Court ordered the legislature to fulfill its constitutional duty by defining and fully funding “basic education” and a “basic program of education.” The legislature attempted to comply by passing and subsequently …

Panel I: Professor Brodley’S General Contributions To Antitrust Scholarship : Introduction, Keith N. Hylton

Faculty Scholarship

When I began teaching Antitrust, I was the junior colleague of a more senior antitrust scholar, teaching the course on opposite semesters to the relatively few students who were forced by scheduling conflicts to take the course with me as their teacher. After my senior colleague departed for another school – and after the departure of some other senior Law and Economics colleagues – I was for a brief period the senior antitrust scholar at the institution, and this was in only my fifth year of teaching law. Boston University soon approached me and my wife with the offer of …

Courage And Political Resistance, David B. Lyons

Faculty Scholarship

We celebrate courageous acts, but the conventional selection of acts to honor may sanction the slaughter of innocent persons. Most of those who are cited by governments for bravery are military personnel (I shall refer to them, generically, as “soldiers”). We can understand why governments routinely honor soldiers for bravery. Courage is required in warfare. To act as they are told that duty requires, soldiers must overcome reasonable fear of the gruesome dangers that they face. And we can expect governments to claim that their soldiers did not die in vain, but served nobly in a just cause.

Rethinking The Concept Of Exclusion In Patent Law, Oskar Liivak

Cornell Law Faculty Publications

Patent law’s broad exclusionary rule is one of its defining features. It is unique within intellectual property as it prohibits acts of independent creation. Even if a second inventor had no connection or aid from an initial inventor, patent law allows the first inventor to stop the second. Even though a number of pressing problems can be traced to this rule, it remains untouchable; it is thought to be essential for incentivizing invention. But is it really our only choice? And why is it so different from our otherwise widespread reliance on free entry and competition in markets? The current …

Foreword: Recent Developments And Ruminations In Retrospect, Louisiana Law Review Board Of Editors, Volume 70

Louisiana Law Review

No abstract provided.

The Louisiana Judiciary: In The Wake Of Destruction, Greg G. Guidry

Louisiana Law Review

No abstract provided.

In Memory Of Professor Saúl Litvinoff, Cordell Haymon

Louisiana Law Review

No abstract provided.

Penalty Clauses In Testaments: What Louisiana Can Learn From The Common Law, Irina Fox

Louisiana Law Review

No abstract provided.

The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith

Washington Law Review

Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …

The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith

Washington Law Review

Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …

Legal Beagle Blog (August 2010), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

V.47-3, 2010 Masthead

San Diego Law Review

No abstract provided.

In Memoriam: Jack Wm. Hodges 1947-2010 1975 Editor-In-Chief San Diego Law Review

San Diego Law Review

Dedication to Jack Wm. Hodges.

Classmates of Jack Hodges

Licensed To Kill: Spy Fiction And The Demise Of Law, Rosanna Cavallaro

San Diego Law Review

This Article considers the work of John Le Carré and Ian Fleming, creators of George Smiley and James Bond, as sources of interpretation of law and legal culture. Using the novel THE SPY WHO CAME IN FROM THE COLD, as well as various works of Fleming, this paper explores the representation of law in espionage fiction as a variation on the larger representation of law in detective fiction, focusing in turn on each of several aspects: law as a tool of factfinding—Part II; law as the set of principles that order the relation of the individual to the state—Part III; …

Drug Testing Students In California - Does It Violate The State Constitution?, Floralynn Einesman

San Diego Law Review

In 1995 the United States Supreme Court decided that it was constitutional to drug test student athletes. Seven years later, the Court held that it was constitutional to drug test students engaged in extracurricular activities. As a result of these rulings, school districts throughout the United States adopted policies to drug test these students. The recent Bush administration supported and encouraged these programs with significant federal grants. Consequently students turned to the state courts to attack the legality of these drug testing programs. Under their respective state constitutions, the Supreme Courts of Indiana and New Jersey upheld the programs, while …

Drug Safety And Commercial Speech: Television Advertisements And Reprints On Off-Label Uses, Margaret Gilhooley

San Diego Law Review

This Article examines how the constitutional protections for commercial speech have limited the ability of Congress and FDA to regulate prescription drugs in ways that can affect safety. In Thompson v. Western States, the Supreme Court struck down a Congressional restriction on advertisements for unapproved “compound” drugs because a disclosure that FDA had not approved the compound was considered a constitutionally adequate alternative. While drug compounds are a relatively obscure category, the decision influenced Congress in deciding not to require a moratorium on television advertisements for newly approved drugs until the risks were better known. The Article also provides an …

Contents

Louisiana Law Review

No abstract provided.

Answering A Fool According To His Folly: Ruminations On Comparative Fault Thirty Years On, Frank L. Maraist, H. Alston Johnson Iii, Thomas C. Galligan Jr., William R. Corbett

Louisiana Law Review

No abstract provided.

Buried By The Sands Of Time: The Problem With Peremption, Sally Brown Richardson

Louisiana Law Review

No abstract provided.

All For One Or Every Man For Himself? What Is Left Of Solidarity In Redhibition, Elizabeth A. Spurgeon

Louisiana Law Review

No abstract provided.

The Suspension Theory: Hurricane Katrina Looting, Property Rights, And Personhood, Casey E. Faucon

Louisiana Law Review

No abstract provided.

Waking The Neighbors: Determining A Landowner's Liability For Rowdy Tenants Under Louisiana Law, Gina Palermo

Louisiana Law Review

No abstract provided.

Laying To Rest An Ancien Régime: Antiquated Institutions In Louisiana Civil Law And Their Incompatibility With Modern Public Policies, Christopher K. Odinet

Louisiana Law Review

No abstract provided.

General Index

Louisiana Law Review

No abstract provided.

Author Index

Louisiana Law Review

No abstract provided.

Table Of Cases

Louisiana Law Review

No abstract provided.

Statute Index

Louisiana Law Review

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2010-08, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Patent Inflation, Jonathan Masur

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Questioning The Frequency And Wisdom Of Compulsory Licensing For Pharmaceutical Patents, F. Scott Kieff, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Many advocates for using compulsory licensing ("CL") for pharmaceutical patents in developing countries like Thailand rest their case in part on the purported use of CL in the United States. In this paper we take issue with that proposition on several grounds. As a theoretical matter, we argue that the basic presumption in favor of voluntary licenses for IP should apply in the international arena, in addition to the domestic one. In the international context, voluntary licenses are of special importance because they strengthen the supply chain for distributing pharmaceuticals and ease the government enforcement of safety standards. Next, this …