Law Commons^™

Randomization And The Fourth Amendment, Tracey L. Meares, Bernard E. Harcourt

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

What Is So Special About Intangible Property? The Case For Intelligent Carryovers, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

One of the major controversies in modern intellectual property law is the extent to which property rights conceptions, developed in connection with land or other forms of tangible property, can be carried over to different forms of property, such as rights in the spectrum or in patents and copyrights. This article defends the thesis that, once the differences in the optimal duration of patents and copyrights are taken into account, the carryover of basic property conceptions from tangible to intangible property should be much encouraged. In some instances, the property rights concepts applicable to land often work even better for …

Carbon Dioxide: Our Newest Pollutant, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Ever since the controversial Supreme Court decision in Massachusetts v. EPA, carbon dioxide has been treated as a pollutant under the Clean Air Act. This article argues that this decision was wrong as a matter of statutory construction and sound as a matter of sound social policy: the CAA is the wrong vehicle to deal with either carbon dioxide of global warming. On the present state of the evidence, the case for strong restraints on carbon dioxide emissions has not been made. The evidence in favor of the close linkage between carbon dioxide and global warming has not been clearly …

Climate Regulation And The Limits Of Cost-Benefit Analysis, Eric A. Posner, Jonathan Masur

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Sex V. Race, Again, Tracy A. Thomas

Akron Law Faculty Publications

In this book, feminists speak out on race and gender in the 2008 presidential campaign. Who should be first? With Barack Obama and Hillary Clinton as frontrunners, the 2008 Democratic primary campaign was a watershed moment in U.S. history. Offering the choice of an African American man or a white woman as the next Democratic candidate for president, the primary marked an unprecedented moment—but one that painfully echoed previous struggles for progressive change that pitted race and gender against each other. Who Should Be First? collects key feminist voices that challenge the instances of racism and sexism during the presidential …

Editorial Board - Vol. 35, No. 1 2010

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Defaming Muhammad: Dignity, Harm, And Incitement To Religious Hatred, Peter G. Danchin

Duke Forum for Law & Social Change

No abstract provided.

Through A Screen Darkly: Hollywood As A Measure Of Discrimination Against Arabs And Muslims, Tung Yin

Duke Forum for Law & Social Change

No abstract provided.

Modeling Terrorist Radicalization, Aziz Z. Huq

Duke Forum for Law & Social Change

No abstract provided.

Background Principles, Takings, And Libertarian Property: A Reply To Professor Huffman, J.B. Ruhl, Michael C. Blumm

Vanderbilt Law School Faculty Publications

One of the principal, if unexpected, results of the Supreme Court's 1992 decision in "Lucas v. South Carolina" Coastal Commission is the rise of background principles of property and nuisance law as a categorical defense to takings claims. Our writings on the background principles defense have provoked Professor Huffman, a devoted advocate for an expanded use of regulatory takings to protect landowner development rights, to mistakenly charge us with arguing for the use of common law principles to circumvent the rule of law, Supreme Court intent, and the takings clause. Actually, ours was not a normative brief at all, but …

August Roundtable: Human Rights And Foreign Policy Introduction

Human Rights & Human Welfare

An annotation of:

“A humane nation is a safer nation” by Tom Porteous. The Guardian. July 7, 2010.

Colorado Legal Ethics: Guide To Resources, Robert Linz

Other Faculty Publications

Officers of the court and public figures, including attorneys and judges, are required to adhere to high ethical standards in conducting their professional duties. Courts and bar associations have a long tradition of identifying ethical norms and regulating conduct through rules and action. Although some conduct is obviously incorrect, the appropriateness of other conduct is less clear. When attorneys are unsure of the ethical nature of an action, they will need to consult sources for guidance. These sources may be fellow attorneys or bar association ethics hotline advisors.These sources also include the rules, decisions, and commentary that constitute the body …

Conscious Parallelism Revisited, Reza Dibadj

San Diego Law Review

Conscious parallelism, sometimes called tacit collusion, occurs where firms adopt their business practices based on what other firms are doing, rather than competing for customers. The most obvious manifestation occurs where prices across companies in an industry not only become suspiciously similar, but also change rapidly in strikingly parallel ways. Suggested examples are legion and varied: airline tickets, gasoline, cellular phone text messaging and roaming rates, interest rates on bank accounts, credit card interchange fees, movie tickets, recorded music, breakfast cereals, real estate and travel agent commissions, electricity prices in deregulated markets, and air cargo fuel surcharges, just to name …

Free Speech, Fleeting Expletives, And The Causation Quagmire: Was Justice Scalia Wrong In Fox Television Stations?, Clay Calvert, Matthew D. Bunker

San Diego Law Review

This Article concentrates on one particular issue raised in the Fox Television Stations ruling - the critical question of causation of harm caused by mass media messages and, in particular, the quantum of evidentiary proof needed by a federal agency to demonstrate causation sufficient to justify restricting the speech in question. The issue is ripe for review.

Targeted Reform Of Commercialized Intercollegiate Athletics, Mattew J. Mitten, James L. Musselman, Bruce W. Burton

San Diego Law Review

This Article observes that American society’s passion for intercollegiate sports competition is an extremely powerful, naturally evolved cultural force. The marketplace responds to cultural forces, and the commercialization of college sports directly reflects the marketplace realities of our society. For example, colleges and universities rationally utilize their intercollegiate athletic programs, particularly NCAA Division 1 FBS football and basketball, as a means to achieve a wide range of legitimate objectives of higher education. Thus, the authors advocate that university athletic department revenues should continue to be exempt from federal taxation, specifically the unrelated business income tax (UBIT), despite the increasingly commercialized …

To Build A Nation From The Bottom Up, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

After 45 years of economic achievement, genuine political participation has to be the next stage

Low Stakes And Constitutional Interpretation, Adam M. Samaha

Public Law and Legal Theory Working Papers

Many of us engage in debates, sometimes intense debates, over the proper method of constitutional interpretation for judges. This paper offers six reasons to believe that these debates involve low stakes, in the sense that the choice among competing methods will not determine outcomes in a significant number of important cases. These reasons involve mainstream constraints, overlapping results, indeterminate results, intolerable results, interpretation without decision, and unimportant constitutional decisions. After a suitably brief investigation of theoretical and experimental resources on low-stakes decision making, the paper suggests how debates over constitutional interpretation by judges might proceed if more people become convinced …

Patent Inflation, Jonathan Masur

Public Law and Legal Theory Working Papers

No abstract provided.

Randomization And The Fourth Amendment, Tracey L. Meares, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.

The Demarcation Problem In Jurisprudence: A New Case For Skepticism, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

Climate Regulation And The Limits Of Cost-Benefit Analysis, Eric A. Posner, Jonathan Masur

Public Law and Legal Theory Working Papers

No abstract provided.

Monitoring The Convention On The Rights Of Persons With Disabilities: Innovations, Lost Opportunities, And Future Potential, Michael Ashley Stein, Janet E. Lord

Faculty Publications

As the first human rights treaty of the twenty-first century, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) protects some 650 million persons with disabilities. The CRPD also has an opportunity to progressively reconfigure the structure and process of human rights oversight. While the overall framework for monitoring and implementing the CRPD resembles existing core human rights instruments, it has some notable features. The CPRD Committee is endowed with several innovations of significant potential, especially in the breadth of reporting and investigative procedures, thereby offering prospects for other treaty bodies and the human rights system more …

Ray P. Pysarsky, D/B/A Cheyenne River Archaeological Services V. Donna Rea Peterson, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

Addressing Truancy Is A Complex Challenge, Barbara A. Babb, Gloria Danziger

All Faculty Scholarship

No abstract provided.

Office 2007, Emily Barney, Heather Banks

Presentations

This workshop provided links and introductory tips for Office 2007.

Supplemental Examinations To Consider, Reconsider, Or Correct Patent-Related Information: A Tangled Web Indeed, Lisa Dolak

College of Law - Faculty Scholarship

A pending legislative proposal would authorize the U.S. Patent and Trademark Office (USPTO) to undertake a “supplemental examination” of an issued patent to “consider, reconsider, or correct information believed to be relevant to the patent.” It would further bar the federal courts from holding a patent unenforceable “on the basis of conduct relating to information” considered during supplemental examination.

The obvious intent of the proposal is to constrain the federal courts’ power to entertain inequitable conduct-based challenges. Its emergence is unsurprising, given the mounting dissatisfaction with the courts’ application of the inequitable conduct doctrine. However, because the bill proposes to …

Preservation Ethics In The Case Of Nebraska's Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966–1975), the Commercial Architecture Era (1976–1991), and the Progressive Planning Era (1992–2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources pertaining to the settlement of the …

Summary Of Carrigan V. Comm. On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for judicial review from a decision of the Nevada Commission on Ethics, determining whether the censure of an elected public officer for alleged voting violations under NRS 281A.420(2)(c) violates the First Amendment.

Summary Of Boorman V. Nevada Memorial Cremation Society And Clark County Coroner’S Office, 126 Nev. Adv. Op. No. 29, David Krawczyk

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Quinlan V. Camden Usa Inc., 126 Nev. Adv. Op. No. 30, Zachary Lowe

Nevada Supreme Court Summaries

Appeal from district court’s award of attorney fees and costs in favor of Camden pursuant to a rejected offer of judgment on behalf of Quinlan. The Court decided whether Nevada would adopt an implied consent to service by facsimile for an offer of judgment under NRS 17.115 and NRCP 68.M