Law Commons^™

Between South Beach And A Hard Place: The Underfunding Of The Miami-Dade Public Defender's Office And The Resulting Ethical Double Standard, Stephanie L. Mcalister

University of Miami Law Review

No abstract provided.

A Trickle Of Cash For The River Of Grass: Federal Funding Of Comprehensive Everglades Restoration, A Critique And A Proposal, Kelly F. Taylor

University of Miami Law Review

No abstract provided.

To Remove Or Not To Remove -- Lowery V. Alabama Power Co. And The Eleventh Circuit's Uncertainty Over The Preponderance Of The Evidence Standard, Melanie M. Fernandez

University of Miami Law Review

No abstract provided.

United States V. White: Disarming Domestic Violence Misdemeanants Post-Heller, Elizabeth Coppolecchia, Valerie Prochazka, Kelly F. Taylor

University of Miami Law Review

No abstract provided.

Killing The Microphone: When Broadcast Freedom Should Yield To Genocide Prevention, Carol Pauli

Faculty Scholarship

When powerful radio broadcasts exhort listeners to kill their neighbors, may outside nations or international organizations legally interrupt the signals to prevent genocide? International law has no legal framework for assessing and responding to such broadcasts. This Article attempts to create one. The Article draws on empirical research in the field of communication to identify conditions in which media messages become so powerful that they can mobilize audience members. Using this research, it constructs a framework for determining when speech constitutes incitement to genocide such that it loses any protection under international law and perhaps even triggers an affirmative duty …

Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle

Faculty Publications

No abstract provided.

Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann

Faculty Publications

No abstract provided.

Financing The Next Silicon Valley, Darian M. Ibrahim

Faculty Publications

Silicon Valley’s success has led other regions to attempt their own high-tech transformations, yet most imitators have failed. Entrepreneurs may be in short supply in these “non-tech” regions, but some non-tech regions are home to high-quality entrepreneurs who relocate to Silicon Valley due to a lack of local financing for their start-ups. Non-tech regions must provide local finance to prevent entrepreneurial relocation and reap spillover benefits for their communities. This Article compares three possible sources of entrepreneurial finance—private venture capital, state-sponsored venture capital, and angel investor groups—and finds that angel groups have distinct advantages when it comes to funding innovation …

Copyright, Derivative Works, And The Economics Of Complements, Glynn S. Lunney Jr

Faculty Scholarship

From an economic perspective, copyright is irrational. In defining the scope of a copyright owner's exclusive rights, it treats situations that have similar economic consequences differently, as infringement in one case and not in the other, and situations that have radically different economic consequences similarly. This essay explores such area in which copyright exhibits economic irrationality: Copyright's treatment of complements. Where a lower price on a substitute reduces demand for the original, a lower price on a complement increases it. So defined, copyright addresses whether a copyright owner will control three different types of complements: (i) complementary products, such as …

The (Ir)Relevance Of Harmonization And Legal Diversity To European Contract Law - A Perspective From Psychology, Gary Low

Research Collection Yong Pung How School Of Law

Differences between contract laws of Member States are often said to impose costs on and deter cross-border trade, and in order to increase cross-border trade, these contract laws ought to be harmonized. This article promises a paradigm shift in considering whether there is a need for harmonization; and if so, what form it ought to take. A behavioural approach is adopted to answer two underlying questions: how do actors think about these differences when they decide to contract? How does the form of harmonization influence such decisions? Insights from disciplines like cognitive and social psychology are identified and applied to …

The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

The paper reviews the different frameworks for international criminal justice in which China’s influence can be measured, or should be present, looking specifically at procedural traditions on which international criminal law and its jurisprudence are said to be based. Understanding China as a transitional hybrid criminal justice model undergoing radical transformation in its justice delivery and discourse, it is argued, assists significantly in forecasting where the synthesis of international criminal procedure may be heading. Attached to a re-interpretation and critique of individualised liability is the unpacking of China’s in principle commitment to communitarian rights and social protection as a foundation …

Report Of The Law Reform Committee On Online Gaming And Singapore, Joyce A. Tan, Aqbal Singh, Yee Fen Lim, Wai Yee Wan, Warren B. Chik,

Research Collection Yong Pung How School Of Law

The terms “gaming” and “gambling” are fairly wide and they refer to a wide range of activities. Traditionally, the term “gambling” has been used to cover lotteries, wagers and casino-style games. “Gaming” has also been used traditionally in some literature to cover not only activities involving gambling but also games of skill or games predominantly of skill. However, in recent times, certain jurisdictions such as the United States (“US”) and Australia have drawn a distinction between “online gaming” and “online gambling”. The former is used to refer to games played in an online environment which do not have the elements …

Long-Overdue Reform Of D.C.'S Antediluvian Developmental Disabilities Law: From Forest Haven To The 21st Century, Robert L. Burgdorf Jr.

University of the District of Columbia Law Review

No abstract provided.

The Stupidest Lawyering Ever, Donald E. Wilkes Jr.

Popular Media

Last Wednesday and Thursday, June 23 and 24, Georgia death row inmate Troy Davis finally got what he has been seeking for over a decade -- a court hearing allowing him to present newly discovered evidence he is innocent of the murder of off-duty policeman Mark MacPhail. That hearing was a disaster, however, because of the cataclysmic blundering of his own attorneys. As he sat in the federal district courtroom in jail garb and leg irons watching events unfold, Davis must surely have come to the sickening realization that his lawyers were guilty of some of the stupidest lawyering on …

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Wto Jurisprudence & Its Critiques: The Appellate Body's Anti-Constitutional Resistance, William Magnuson

Faculty Scholarship

In a time of financial crisis and rising demand for economic protectionism, the World Trade Organization, promoting free trade and economic growth, has never been more important. Enforcement of the WTO’s provisions has grown increasingly contentious and high-stakes, and the Appellate Body empowered to rule on violations of the treaty has received harsh criticism. Three elements of WTO jurisprudence, in particular, stand out. First, the court’s excessive use of narrow textualist argument tends to lead to short-sighted decisions that give little guidance to member states. Second, the court’s decisions have increasingly interfered with sensitive democratic processes in sovereign countries. Third, …

Lawyers Acting Badly, Or Not? Misconduct In Ip Litigation: Recent Examples And The Questions They Raise, Lisa Dolak

College of Law - Faculty Scholarship

Misconduct in civil litigation is not a new phenomenon. Nor is it confined to particular types of cases. Because of their characteristic intensity. however, intellectual property cases may be more likely to inspire bad behavior than other types of cases. The associated pressures seem, on occasion, to lead litigants and trial lawyers to succumb to the temptation to step outside the bounds of vigorous advocacy.

Trial and appellate judges in a number of recent IP cases have wrestled with the issue of whether certain litigation tactics crossed the line between advocacy and abuse. For example, trial judges have recently rebuked …

Test Scores Show More Students Scoring Proficient Or Advanced In 2010, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In mid-June, the ADE released the results of the 2009-10 standardized achievement tests, including the Arkansas Benchmark and SAT-10 exams for students in grades 3- 8 and the End-of-Course (EOC) Literacy exam for students in grade 11. The following policy brief will highlight the current performance of all Arkansas students, the performance for particular subgroups of students, and finally the changes in achievement over time.

June 27, 2010: The Fight Over Jesus’ Name, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Fight Over Jesus’ Name“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

2020 Foresight: Technology In Legal Education After The Reboot, Debbie Ginsberg, Emily Barney, Sejal Vaishnev

Presentations

Presentation from the American Association of Law Libraries 103rd Annual Meeting and Conference.

In 1990, not many people understood the impact that the Internet, email, and PowerPoint would have on our law schools by 2000. In 2000, who knew that in 2010 law schools would need to create Facebook pages, LinkedIn groups, and Twitter feeds? In this panel, Debbie Ginsberg, Emily Barney, and Sejal Vaishnev discuss three visions of law school technology in 2020: in the classroom, on the web, and in our technology administration centers. What technologies are likely to become vital tools and which will disappear? More importantly, …

Happy Talk And The Stock Market, David A. Westbrook

Journal Articles

No abstract provided.

Law Students Of The Future, Ignite Session, Debbie Ginsberg

Presentations

Presentation from the American Association of Law Libraries 103rd Annual Meeting and Conference.

June 24, 2010: Publicity Description Of Higher Law In The Public Square, Bruce Ledewitz

Hallowed Secularism

Blog post, “Publicity Description of Higher Law in the Public Square“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Keeping Health Insurance After A Job Loss: Cobra Continuation Coverage And Subsidies, Kathryn Linehan

National Health Policy Forum

Many Americans under 65 have health insurance through an employer. Beginning in 1985, a federal law known as COBRA required that eligible workers and their dependents have the option to continue employer-based group health coverage when employment is terminated. Because premiums for COBRA coverage can be very expensive, the 111th Congress included provisions in the American Recovery and Reinvestment Act of 2009 (and subsequent legislation) to temporarily subsidize premiums for those who have lost their jobs since September 2008. This issue brief outlines the eligibility rules for COBRA as well as the current COBRA subsidies. It also discusses the possible …

Invasive Species And Public Investment In The Green Economy, Invasive Species Advisory Committee

National Invasive Species Council

Invasive Species and Public Investment in the Green Economy, approved by ISAC on June 24, 2010

ISSUE

Invasive species are intricately linked to the economy. Trade, travel, and transport facilitate their spread. Invasive species management requires extensive human and financial resources. The impacts of invasive species can substantially undermine economic growth and sustainable development. United States Executive Order (EO) 13112 defines invasive species as “alien [non-native] species whose introduction does or is likely to cause economic or environmental harm or harm to human health” and states that Federal agencies should …“not authorize, fund, or carry out actions that are likely …

Marine Bioinvasions And Climate Change, James T. Carlton, Sandra C. Lindstrom, Celia M. Smith, Jennifer E. Smith

National Invasive Species Council

BACKGROUND

Invasive species are second only to habitat destruction as the greatest cause of species endangerment and global biodiversity loss. Invasive species can cause severe and permanent damage to the ecosystems they invade. Consequences of invasion include competition with or predation upon native species, hybridization, carrying or supporting harmful pathogens and parasites that may affect wildlife and human health, disturbing ecosystem function through alteration of food webs and nutrient recycling rates, acting as ecosystem engineers and altering habitat structure, and degradation of the aesthetic quality of our natural resources. In many cases we may not fully know the native animals …

Constitutional Interpretation? There's No App For That., Sonja R. West

Popular Media

The confirmation hearings of Supreme Court nominee Elena Kagan begin Monday, and court watchers are steeling themselves for another round of the vacuous Q&A that has become the stuff of modern confirmation hearings.

What she will likely talk about—if she's anything like other recent nominees—is that, if confirmed, she promises to become Kagan the Robot. She will find 100 different ways to assure us that when deciding cases she will do nothing more than mechanically apply the law to the facts. And this is where Kagan needs to throw away the script. The absence of any dialogue on substantive law …

Data Protection: The Challenges Facing Social Networking, Daniel B. Garrie, Maureen Duffy-Lewis, Rebecca Wong, Richard L. Gillespie

Brigham Young University International Law & Management Review

No abstract provided.