Law Commons^™

Title Examinations, When Is Action On The Security Instrument Barred, John W. Fisher Ii

West Virginia Law Review

No abstract provided.

The Dodd-Frank Corporation: More Than A Nexus-Of-Contracts, Stefan J. Padfield

West Virginia Law Review

No abstract provided.

Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams

West Virginia Law Review

No abstract provided.

What Sex-Ed Didn't Teach You: Addressing The Inadequacies Of West Virginia Code Section 42-1-8 And The Future Of Posthumously Conceived Children, Andrew S. Felts

West Virginia Law Review

No abstract provided.

An Illusory Expectation Of Privacy: The Ecpa Is Insufficient To Provide Meaningful Protection For Advanced Communication Tools, Sara E. Brown

West Virginia Law Review

No abstract provided.

The Impact Of Technology On Pre-Digital Recording Agreements: An Examination Of F.B. T. Productions, Llc V. Aftermath Records, Lauren K. Turner

West Virginia Law Review

No abstract provided.

Rescuing The International Arbitral Model: Identifying The Problem In Natural Resources Trade And Development, Jacob R. Shaffer

West Virginia Law Review

No abstract provided.

Protections For Virtual Property: A Modern Restitutionary Approach, Jordan L. Ludwig

Loyola of Los Angeles Entertainment Law Review

Virtual online worlds have become a staple of modern society. Through an avatar, individuals may enter into virtual worlds, where they can do anything from completing epic quests to speculating on virtual “real estate.” Many virtual worlds have unique currencies, which have real-world value because of the high demand for in-game property. Disputes over virtual property, however, remain mostly, if not entirely, ungoverned by any body of law. This Comment seeks to address how to handle conflicts that arise over virtual world property. It concludes that the reemerging law of restitution, as promulgated in the Restatement (Third) of Restitution and …

The Prospect Of Open Deliberations In The Wisconsin Supreme Court, Chad M. Oldfather

Faculty Publications

No abstract provided.

Charles Fishman, The Big Thirst, Jessica Bidgood

Water Law Review

No abstract provided.

Steven Soloman, Water: The Epic Struggle For Wealth, Power, And Civilization, Gregory Cowan

Water Law Review

No abstract provided.

Future Of Ditch-Wide Change Cases In Colorado: Reducing Per-Share Water Quantities With Historical Consumptive Use Determinations Based On Unlawful Enlargements And Average Reservoir Releases: Burlington Ditch Reservoir & Land Co. V. Metro Wastewater Reclamation Dist., David W. Baker

Water Law Review

No abstract provided.

Rectitude In International Arbitration, William W. Park

Faculty Scholarship

Few criteria for evaluating arbitrator independence and impartiality will stay foolproof for long, given how ingenious fools often prove themselves to be. No less than in other areas of the law, elaboration of ethical standards for arbitrators implicates a tension between the transient and the permanent. Conflict-of-interest principles remain most useful if implemented with sensitivity to new trouble spots. Traditional ethical models serve as starting points for evaluating the fitness of those to whom business managers and nations entrust their treasure and their welfare. The constant evolution in expectations by users of the arbitral system call for regular adjustment in …

Toward A System Of Invention Registration: The Leahy-Smith America Invents Act, Jason Rantanen, Lee Petherbridge

Michigan Law Review First Impressions

The recently enacted Leahy-Smith America Invents Act (“AIA”) represents the most significant legislative event affecting patent law and practice in more than half a century. In addressing the AIA, scholars and policymakers have focused with an almost laser-like exclusivity on the AIA’s imposition of a first-to-file-or-first-to-publicly-disclose system, which replaces an over 200-year-old first-to-invent tradition. This myopia, we suggest, overlooks a part of the AIA that could hold a substantially greater potential to jeopardize American innovation, job creation, and economic competitiveness: the imposition of a mechanism for supplemental examination.

J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson

Michigan Law Review First Impressions

This Term, the Supreme Court was presented with a prime opportunity to provide some much-needed clarification on a "backdrop" issue of law-one of many topics that arises in a variety of legal contexts, but is rarely analyzed on its own terms. In J.D.B. v. North Carolina, the Court considered whether age was a relevant factor in determining if a suspect is "in custody" for Miranda purposes, and thus must have her rights read to her before being questioned by the police. Miranda, like dozens of other areas of law, employs a reasonable person test on the custodial question: it asks …

Judicial Activism Vis-A-Vis Judicial Restraint: An Israeli Viewpoint, Zeev Segal

Tulsa Law Review

No abstract provided.

Warning: Your Lcc Interest Might Be A Security, Wendy Gerwick Couture

Articles

No abstract provided.

Law Library Newsletter, Volume 3, Issue 3 - September/October 2011, Kresge Law Library

Law Library Newsletter

Over the summer a number of us on the law library staff attended the annual meeting of the American Association of Law Libraries. We were pleased to receive the Excellence in Marketing Award in the ―Best Newsletter‖ category. This award recognizes one of our many efforts that support our objective to remain a vibrant part of the Notre Dame Law School community.

Read about more than 1500 new e-books now avail-able to you through the library. Find out how to get in touch with your friendly Lexis and West representatives. Read an update from the IT department concerning changes to …

The Un Security Council On Syria: Radical Change Or Continuity?, Thomas Pegram

Human Rights & Human Welfare

The Presidential Statement issued by the UN Security Council on August 3 condemning the widespread violation of human rights by Syrian authorities was hailed by some as signaling the collapse of the pro-Syrian "defiance coalition."

This "defiance coalition," comprised of the so-called "BRICs" (Brazil, Russia, India, China, and South Africa) along with Lebanon, did indeed relent, begrudgingly, to growing international pressure for action on Syria. However, whether a statement containing little actionable content signals the crumbling of defiance rather than a diplomatic maneuver as calculations are recalibrated in light of developments is another matter.

Recent Developments, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Off-Label Promotion Reform: A Legislative Proposal Addressing Vulnerable Patient Drug Access And Limiting Inappropriate Pharmaceutical Marketing, Tim Mackey, Bryan A. Liang

University of Michigan Journal of Law Reform

Off-label promotion occurs when pharmaceutical manufacturers engage in promotion of unapproved or "off-label" uses of their drugs. These off label uses may lack adequate clinical data to substantiate marketing claims, have led to corporate investigations and penalties, and can endanger public health. However there is adequate evidence to suggest that off-label uses are entirely appropriate for some vulnerable patient populations, and that physicians have accepted such uses as standard. Historically, U.S. law has prohibited direct off-label promotion to physicians and patients. However, failed government guidance, industry-based litigation, and the diminished capacity of regulators to police illegal practices have had dire …

Addressing Gaps In The Dodd-Frank Act: Directors' Risk Management Oversight Obligations, Kristin N. Johnson

University of Michigan Journal of Law Reform

In the years leading to the recent financial crisis, finance theorists introduced innovative methods, including quantitative financial models and derivative instruments, to measure and mitigate risk exposure. During the financial crisis, financial institutions facing insolvency revealed pervasive misunderstandings, misapplications, and mistaken assumptions regarding these complex risk management methods. As losses in financial markets escalated and caused liquidity and solvency crises, commentators sharply criticized directors and executives at large financial institutions for their risk management decisions. By adopting the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress directly and indirectly addresses certain risk management oversight concerns at large, complex financial …

Collateral Review Of Career Offender Sentences: The Case For Coram Nobis, Douglas J. Bench Jr.

University of Michigan Journal of Law Reform

Occasionally, criminals correctly interpret the law while courts err. Litigation pursuant to the federal Armed Career Criminal Act (ACCA) includes numerous examples. The ACCA imposes harsher sentences upon felons in possession of firearms with prior "violent felony" convictions. Over time, courts defined "violent" so contrary to its common meaning that it eventually came to encompass driving under the influence, unwanted touching, and the failure to report to correctional facilities. However, in a series of recent decisions, the Supreme Court has attempted to clarify the meaning of violent in the context of the ACCA and, in the process, excluded such offenses. …

Does A Federal Tax Lien Take Priority Over A Mortgagee's Lien On Rents: Bloomfield State Bank V. United States, R. Wilson Freyermuth

Faculty Publications

Few reported cases have addressed the relative priority rights of a mortgage lender and the IRS for rents from real estate. In Bloomfield State Bank v. United States, No. 10-3939, 2011 WL 1773953 (7th Cir. May 11, 2011), Judge Richard Posner provided the first reported federal appellate opinion; under its analysis, State Bank would have priority over the IRS in the above hypothetical for the rents due from both tenants. This article discusses Judge Posner's opinion, both for its result (which the author believes is ultimately the correct result) and how it characterizes background principles of real estate finance law …

Deference To The Executive In The United States After 9/11: Congress, The Courts, And The Office Of Legal Counsel, Eric A. Posner

Public Law and Legal Theory Working Papers

The deference thesis is that Congress and the judiciary should defer to the executive’s policy judgments during national emergencies. A recent criticism of the deference theory draws on the analogy of the emergency room medical protocol to argue that emergencies call for rule-bound constraint of the executive rather than deference to it. However, this criticism rests on a misunderstanding of the tradeoff between rules and standards. Some scholars who have despaired of congressional or judicial constraint of the executive, but believe that some sort of constraint is desirable, have suggested that the executive’s own legal adviser, the Office of Legal …

Latin American Presidentialism In Comparative And Historical Perspective, Jose Antonio Cheibub, Zachary Elkins, Tom Ginsburg

Public Law and Legal Theory Working Papers

No abstract provided.

Putting A Lid On Online Dumpster-Diving: Why The Fair And Accurate Credit Transactions Act Should Be Amended To Include E-Mail Receipts, Jason Fitterer

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Congestible Intellectual Property And Impure Public Goods, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Gone But Not Forgotten: When Privacy, Policy And Privilege Collide, Louise L. Hill

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Patentability Of Financial Methods: The Market Participants’ Perspectives, Stefania Fusco

Loyola of Los Angeles Law Review

In the last few years, there has been a renewed interest in the validity of patenting business methods. The issue appeared to be settled in 1998 with State Street Bank & Trust Co. v. Signature Financial Group, Inc. However, in 2008, the Federal Circuit, responding to a more restrictive approach toward the patent system adopted by the Supreme Court, began questioning the soundness of the policy to extend patent protection to business methods. The Federal Circuit’s adjustment of its position occurred explicitly in In re Bilski when the court decided to rehear the case en banc and reconsider the …