Law Commons^™

Daniel H. Pollitt: In Memoriam, John Charles Boger

North Carolina Law Review

No abstract provided.

Eugene Gressman: In Memoriam, John Charles Boger

North Carolina Law Review

No abstract provided.

Table Of Contents - Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Branch Office Of The Prosecutor: The New Role Of The Corporation In Business Crime Prosecutions, Harry First

North Carolina Law Review

No abstract provided.

It's All About The Principal: Preserving Consumers' Right Of Rescission Under The Truth In Lending Act, Lea Krivinskas Shepard

North Carolina Law Review

No abstract provided.

Setting The Bar In North Carolina Medical Malpractice Litigation: Working With The Standard Of Care That Everyone Loves To Hate, Casey Hyman

North Carolina Law Review

No abstract provided.

Equitable Uniformity: Finding A Workable Solution To The (Non)Application Of Issue Preclusion To Patent Claim Construction, Daniel R. Rose

North Carolina Law Review

No abstract provided.

Simplifying The Analysis: The Second Circuit Lays Out A Straightforward Theory Of Fraud In Sec V. Dorozhko, Sean F. Doyle

North Carolina Law Review

No abstract provided.

Passive Virtues Versus Aggressive Litigants: The Prudence Of Avoiding A Constitutional Decision In Snyder V. Phelps, Jonathan S. Carter

North Carolina Law Review

No abstract provided.

Collective Action Federalism: A General Theory Of Article I, Section 8, Robert D. Cooter, Neil S. Siegel

Faculty Scholarship

The Framers of the United States Constitution wrote Article I, Section 8 in order to address some daunting collective action problems facing the young nation. They especially wanted to protect the states from military warfare by foreigners and from commercial warfare against one another. The states acted individually when they needed to act collectively, and Congress lacked power under the Articles of Confederation to address these problems. Section 8 thus authorized Congress to promote the “general Welfare” of the United States by tackling many collective action problems that the states could not solve on their own.

Subsequent interpretations of Section …

Imperfect Alternatives: Networks, Salience, And Institutional Design In Financial Crises, Robert B. Ahdieh

Faculty Scholarship

With the benefit of hindsight — and some aspiration to foresight — it is useful to consider the type of regulatory regime that might best address financial crises. What could policymakers have done to prevent the recent crisis? And once the crisis started, what interventions might have alleviated it? These questions have been widely debated, with an eye to both substantive policy and the design of effective regulatory institutions. This Article speaks to the latter project — one of comparative institutional analysis — though with a framework that implicates our substantive policy choices as well. It begins with an account …

Framing Franchise Antitrust Litigation: The Legacy Of Kodak And Queen City Pizza, Randy D. Gordon

Faculty Scholarship

A decade ago, many antitrust commentators were predicting a “revival” of franchise antitrust claims flowing in the wake of Eastman Kodak Co. v. Image Technical Services, Inc. The thinking was that Kodak’s recognition of a claim for monopolization of an “aftermarket” for parts and services separate from each other and from a primary product might be extended to cover franchise relationships in which the franchisee is required to purchase fungible products from its franchisor, even though those products could be purchased elsewhere on more favorable terms. Fairly quickly, though, the Third Circuit decided Queen City Pizza, Inc. v. Domino’s Pizza, …

The Visible Hand: Coordination Functions Of The Regulatory State, Robert B. Ahdieh

Faculty Scholarship

We live in a coordination economy. As one surveys the myriad challenges of modern social and economic life, an ever increasing proportion is defined not by the need to reconcile competing interests, but by the challenge of getting everyone on the same page. Conflict is not absent in these settings. It is not, however, the determinative factor in shaping our behaviors and resulting interactions. That essential ingredient, instead, is coordination.

Such coordination is commonly understood as the function of the market. As it turns out, however, optimal coordination will not always emerge, as if led “by an invisible hand.” Even …

Freedom Of Contract Vs. Free Alienability: An Old Struggle Emerges In A New Context, Neil B. Cohen, William H. Henning

Faculty Scholarship

This article addresses a contemporary reigniting of an ages-old conundrum in Anglo-American law. The conundrum results from the collision of two concepts that are usually thought of as mainstays of the law--freedom of contract and free alienability of property--in the context of assignments of receivables.

Promises To Keep: Diplomatic Assurances Against Torture In Us Terrorism Transfers, Human Rights Institute

Human Rights Institute

“Diplomatic assurances” are promises not to torture. They are sought when transferring a detainee from the custody of one government to another. Not surprisingly, they are sought from governments that typically torture.

This report surveys the law and practice of assurances in the US and, comparatively, in Canada and Europe. It is the culmination of a long-term engagement by Columbia’s Human Rights Clinic and its faculty to research and support advocacy on diplomatic assurances. That process has involved advocacy with Swedish NGOs, support for research by Human Rights Watch, FOIA requests with the ACLU and collaborative efforts with UN mechanisms. …

Sonia, What’S A Nice Person Like You Doing In Company Like That, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.

Legislative Developments In The Aviation Sector In 2009, Filip Czernicki

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Razian Authority And Its Implications For Legal Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

The question considered in the session was whether the concern of legal ethics is the morality of law, the morality of clients, or the morality of lawyers. The response I have been pursuing, in my book and elsewhere, is that all of these moral concerns are tied together in the lawyer’s role. The morality of law, clients, and lawyers are interrelated, but the political perspective is primary. The law serves a political purpose, of making public life possible despite first-order moral pluralism. When people disagree, either at the level of moral principles or over the facts that bear on the …

Curbing Energy Sprawl With Microgrids, Sara C. Bronin

Cornell Law Faculty Publications

Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining …

Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels

Faculty Scholarship

No abstract provided.

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

Even in tough economic times, the work of administrative agencies seems to continue with particularly robust growth at the state level. The number of contested agency cases seems to be rising, even those involving the most trivial details. Although the idea of more government is not fashionable in most corridors, higher levels of activity by existing governmental agencies will be the norm until the state's economic picture achieves measurable improvement.

This Article is a survey of cases from the Georgia Supreme Court and Georgia Court of Appeals from June 1, 2009 through May 31, 2010. The cases chosen for review …

Does Ricci Herald A New Disparate Impact?, Joseph Seiner, Benjamin N. Gutman

Faculty Publications

Federal law has long prohibited not just intentional discrimination by employers, but also practices that have an unintentional disparate impact on minorities. A cryptic passage at the end of the Supreme Court's recent decision in Ricci v. DeStefano may signal a sea change for this disparate impact doctrine. Ricci, a lawsuit about a civil-service exam for firefighters, received widespread attention as a case about intentional discrimination. We show that the opinion also can be read to suggest a new affirmative defense for employers facing claims of disparate impact. Before Ricci, disparate impact was a purely no-fault doctrine. An employer was …

Pluralism In Contract Law, Leon Trakman

Buffalo Law Review

No abstract provided.

Recovery Of An Endangered Provision: Untangling And Revising Critical Habitat Under The Endangered Species Act, Kalyani Robbins

Buffalo Law Review

No abstract provided.