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Articles 1 - 30 of 66
Full-Text Articles in Law
Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan Stroud
Articles in Law Reviews & Other Academic Journals
Recently, the Federal Circuit upheld the Commission’s decision to exclude goods based on a trade secret violation that largely happened abroad. The American University Law Review critiqued that decision on two grounds: First, that a presumption against extraterritorial application of U.S. law applied; and second, that licensing alone could not establish a domestic industry. The American University Law Review's critique remains incomplete, however, as the Federal Circuit correctly decided the case for at least two reasons. first, the Federal Circuit correctly applied the “extraterritorial presumption” canon of construction; and second, the recent Federal Circuit decision in InterDigital Communications LLC v. …
The "Smart On Crime" Prosecutor, Roger Fairfax
The "Smart On Crime" Prosecutor, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
"Smart on Crime" criminal justice reforms have emerged in recent years as shrinking government budgets and exploding incarceration rates have prompted scrutiny of the efficiency and efficacy of existing criminal justice approaches. Policymakers across the country have sought out new strategies designed to prevent crime and recidivism, enhance community safety, reduce our reliance on incarceration, and save taxpayer dollars. As a result, law enforcement, courts, and correctional agencies have been implementing innovative approaches in areas such as diversion, problem-solving courts, alternatives to incarceration, and ex-offender re-entry. However, the role of prosecutors and prosecutorial agencies in this story is often overlooked. …
Challenges And Choices In Criminal Law Course Design Commentary Symposium: Criminal Law Pedagogy, Roger Fairfax
Challenges And Choices In Criminal Law Course Design Commentary Symposium: Criminal Law Pedagogy, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
I thoroughly enjoy every course in my teaching package, but the first-year Criminal Law course occupies a special place in my heart. The subject matter in the Criminal Law course is perhaps the most compelling of any offered in the first-year curriculum. As such, it provides Criminal Law instructors the tremendous opportunity to capture the imagination of students and to highlight the nexus between law in books and law in action.
Evaluating Merger Enforcement During The Obama Administration, Jonathan Baker, Carl Shapiro
Evaluating Merger Enforcement During The Obama Administration, Jonathan Baker, Carl Shapiro
Articles in Law Reviews & Other Academic Journals
We recently concluded that government merger enforcement statistics "provide clear evidence that the Obama Administration reinvigorated merger enforcement, as it set out to do." Three weeks later, in an article published inthe Stanford Law Review Online, Professor Daniel A. Crane reached the opposite conclusion, claiming that "[t]he merger statistics do not evidence 'reinvigoration' of merger enforcement under Obama."
The U.S. Au Pair Program: Labor Exploitation And The Myth Of Cultural Exchange, Janie Chuang
The U.S. Au Pair Program: Labor Exploitation And The Myth Of Cultural Exchange, Janie Chuang
Articles in Law Reviews & Other Academic Journals
The Article exposes how the legal categorization of au pairs as “cultural exchange participants” is strategically used to sustain – and disguise – a government-created domestic worker program to provide flexible, in-home childcare for upper-middle-class families at below-market prices. The “cultural exchange” subterfuge has created an underclass of migrant domestic workers conceptually and structurally removed from the application of labor standards and the scrutiny of labor institutions. On the one hand, the “cultural exchange” rubric enables the U.S. government to house the program under the Department of State rather than Labor, and to delegate oversight of this government program to …
Batson's Grand Jury Dna, Roger Fairfax
Batson's Grand Jury Dna, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
Batson v. Kentucky was a landmark decision imposing constitutional restrictions on peremptory challenges in the petit jury selection process. Batson was a culmination of a long line of cases addressing racial discrimination in jury selection. However, the role of anti-discrimination doctrine in grand jury selection is often overlooked when the story of Batson is considered. Many of the key equal protection cases underpinning the Batson decision were grand jury cases. Furthermore, the evidentiary framework applied to challenges to race-based peremptory strikes in Batson was forged in a century's worth of grand jury discrimination doctrine. This Essay, prepared for the "Batson …
Hiding Behind The Cloak Of Invisibility: The Supreme Court And Per Curiam Opinions, Ira Robbins
Hiding Behind The Cloak Of Invisibility: The Supreme Court And Per Curiam Opinions, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Per curiam--literally translated from Latin to "by the court"-is defined by Black's Law Dictionary as "[a]n opinion handed down by an appellate court without identifying the individual judge who wrote the opinion." Accordingly the author of a per curiam opinion is meant to be institutional rather than individual, attributable to the court as an entity rather than to a single judge The United States Supreme Court issues a significant number of per curiam dispositions each Term. In the first six years of Chief Justice John Roberts’ tenure, almost nine percent of the Court full opinions were per curiams. The prevalence …
Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll
Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll
Articles in Law Reviews & Other Academic Journals
Copyright law grants authors certain rights of creative control over their works. This Article argues that these right of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to …
The Cy Pres Doctrine In Class Action Residual Distributions: Cy Pres As A Best Practice And Recommendations For Regulation, Evelyn Abravanel
The Cy Pres Doctrine In Class Action Residual Distributions: Cy Pres As A Best Practice And Recommendations For Regulation, Evelyn Abravanel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Managing Expectations: Beyond Formal Adjudication, Susan Franck
Managing Expectations: Beyond Formal Adjudication, Susan Franck
Articles in Law Reviews & Other Academic Journals
The international investment system has depended heavily on international arbitration to provide guidance and clarification on the standards contained in international investment agreements. In order to assess the system realistically, this commentary discusses unpacking stakeholder expectations by recognizing where expectations may have been overly optimistic and thinking systematically about the mechanisms through which to capture and manage regulatory discretion. This article evaluates ideas expressed by Anne van Aaken and Bart Legum, which consider different ways to achieve regulatory and commercial balance, and offers a lens for thinking systematically about managing stakeholder expectations in the international investment system. A critical issue …
Call In The Feds: Title Vi As A Diversifying Force In The Collegiate Head Football Coaching Ranks, N. Jeremi Duru
Call In The Feds: Title Vi As A Diversifying Force In The Collegiate Head Football Coaching Ranks, N. Jeremi Duru
Articles in Law Reviews & Other Academic Journals
Over the course of the past decade, the racial complexion of the National Football League's ("NFL's") head coaching ranks has dramatically changed. For the bulk of the NFL's existence, it was virtually impossible for an African American to land a head coaching position. Whether as a result of "old boy" networking or stereotypical suppositions that African Americans lacked the intellectual capacity required to lead, manage, and teach a team of professional football players, African Americans toiled in assistant coaching positions for their entire careers with virtually no hope of ascending to the top spot.' Beginning in December of 2002, however, …
Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian
Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian
Articles in Law Reviews & Other Academic Journals
Abortion-related parental involvement mandates raise important family law issues about the scope of parents’ power over their children’s intimate decisions. While there has been extensive scholarly attention paid to the problems with parental involvement laws, relatively little has been said about strategies for reforming these laws. This article suggests using insights from family law relating to functional parenthood and third party caregiving as a basis for crafting more capacious methods of ensuring adult guidance for teenage girls facing an unplanned pregnancy. Recent developments in family law bolster the case for reforming parental involvement legislation to allow teenagers to consult with …
Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher
Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
As the field of transitional justice has matured, we have a better appreciation of the fact that both the capacity and will of societies to address violations of the past may evolve signifiicantly, and in unforeseen ways, over time—sometimes over a long, long period. (One speaker this morning described how he was unable to come to terms with his own torture for 11 years— and then, pursuing justice became critical.) Thus, for example, prosecutions for past violations may not occur in the immediate aftermath of a transition from repression to democratic gover¬ nance; often they take place after the passage …
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn
Articles in Law Reviews & Other Academic Journals
Air and missile warfare is and will almost certainly continue to be a ubiquitous aspect of contemporary armed conflicts. Yet, the law related to the regulation of this aspect of warfare has failed to develop at the same pace as the methods and means of employing such combat assets. The Manual on International Law Applicable to Air and Missile Warfare (AMW Manual)' is therefore without question an important development in the law of armed conflict. Although not hard law, it reflects the consensus of some of the most respected jus in bello scholars in the world on how existing law …
The Origins Of American Health Libertarianism, Lewis Grossman
The Origins Of American Health Libertarianism, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This Article examines the persistent American demand for freedom of therapeutic choice as a popular constitutional movement originating in the nation’s earliest years. It also shows how multiple concepts of freedom, in addition to bodily freedom, have contributed to the concept of a constitutional right to medical liberty. There is a deep current of belief in the United States that people have a right to choose their preferred treatments without government interference. Cries of “Death Panels” are routinely directed against health care reform proposals that might limit patients’ access to medical products and procedures. FDA is furiously attacked, on freedom …
Practical Training In Law In The Netherlands: Big Law Model Or Clinical Model, And The Call Of Public Interest Law, Richard Wilson
Practical Training In Law In The Netherlands: Big Law Model Or Clinical Model, And The Call Of Public Interest Law, Richard Wilson
Articles in Law Reviews & Other Academic Journals
This article identifies two models now at work in the Netherlands, models that present potentially competing visions of practical training for law graduates seeking entry into the legal profession. The first is the Law Firm School, a new innovation in 2009, designed and funded by 14 major Amsterdam law firms, firms that make up part of what is often called Big Law. The Law Firm School model is embedded within the traditional apprenticeship training for all lawyers, but is available only to associates of the participating firms. The second model is clinical legal education, which ideally is offered as part …
Standards, Patents, And The National Smart Grid, Jorge Contreras
Standards, Patents, And The National Smart Grid, Jorge Contreras
Articles in Law Reviews & Other Academic Journals
The National Institute of Standards and Technology (NIST) is charged with overseeing the identification and selection of hundreds of standards that will be required to implement the national Smart Grid project. However, the benefits that could be realized from Smart Grid standardization could be threatened by a growing number of patents that cover Smart Grid architecture and technologies. If such patents are not revealed until technology is broadly distributed throughout the network (“locked-in”), significant disruption could occur when patent holders seek to collect unanticipated rents from large segments of the market. Moreover, even if patents are revealed early in the …
Cocos Can Drive Markets Cuckoo, Hilary Allen
Cocos Can Drive Markets Cuckoo, Hilary Allen
Articles in Law Reviews & Other Academic Journals
Bank-issued contingent-convertible capital instruments (known colloquially as "cocos ") are assumed to be a less costly substitute for common equity that will improve the stability of banks in a crisis situation. However, cocos are new and untested instruments. In a future financial crisis they are likely to incentivize behaviors and trading strategies (notably panic selling short selling, and the use of credit default swaps) that have the potential to harm confidence in banks. Without confidence, banks will have difficulty funding themselves and the likely consequences of bank difficulties (credit crunches and possible bailouts) will be felt by society at large. …
The Dialogue Approach To Miranda Warnings And Waiver, Andrew Ferguson
The Dialogue Approach To Miranda Warnings And Waiver, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
The central tension in any disputed Miranda waiver case is that the evaluation of a suspect’s knowing, intelligent, and voluntary waiver is conducted months after the relevant time of the interrogation. The tension exists because current Miranda practice fails to develop an adequate record of a suspect’s knowledge and understanding at the time of the waiver. Current Miranda practice involves essentially a one-way explanation of information. The police officer conveys Miranda rights to the suspect through a formalized recitation of the warnings. Usually this is done through a reading and signing of a pre-printed Miranda waiver card. As a result, …
Remarks - Forensic Evidence In The Fight Against Torture, Claudio Grossman
Remarks - Forensic Evidence In The Fight Against Torture, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Case Against For-Profit Charity, Benjamin Leff
The Case Against For-Profit Charity, Benjamin Leff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan, Stephen Wermiel
Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
Introduction: How should Justice William J. Brennan, Jr., be remembered in 2056, one hundred years after he joined the United States Supreme Court, or in 2090, one hundred years after he left it? There is no set convention for how we evaluate the success or failure, the greatness or mediocrity, of our Supreme Court Justices. This is the case even in their lifetimes, let alone decades later. Yet there are some constants in Brennan's legendary judicial career that may guide the way to evaluating his legacy.
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
Articles in Law Reviews & Other Academic Journals
This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests …
The Making Of Modern Libel Law: A Glimpse Behind The Scenes, Stephen Wermiel, Lee Levine
The Making Of Modern Libel Law: A Glimpse Behind The Scenes, Stephen Wermiel, Lee Levine
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Poverty Offsetting, Ezra Rosser
Poverty Offsetting, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Death Penalty And The Absolute Prohibition Of Torture And Cruel, Inhuman, And Degrading Treatment Or Punishment, Juan E. Mendez
The Death Penalty And The Absolute Prohibition Of Torture And Cruel, Inhuman, And Degrading Treatment Or Punishment, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Learning From The Master: Things Betty Thompson Taught Me, David Spratt
Learning From The Master: Things Betty Thompson Taught Me, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Film Review: Mississippi Innocence And The Prosecutor’S Guilt, Angela J. Davis
Film Review: Mississippi Innocence And The Prosecutor’S Guilt, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
Film review of Mississippi Innocence. A documentary film by Joe York. Media and Documentary Projects at the University of Mississippi (2011)
The Feminist Academic's Challenge To Legal Education: Creating Sites For Change, Ann Shalleck
The Feminist Academic's Challenge To Legal Education: Creating Sites For Change, Ann Shalleck
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Challenges To Freedom Of Expression Within The Inter-American System A Jurisprudential Analysis, Claudio Grossman
Challenges To Freedom Of Expression Within The Inter-American System A Jurisprudential Analysis, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
Freedom of expression is a "cornerstone upon which the very existence of a democratic society rests" [citation omitted]. Its importance takes on a special meaning in the Western Hemisphere where numerous societies are building and developing democracies while coping with the legacy of authoritarianism, which exercised a profound institutional and cultural influence in the region. This article critically examines the Inter-American system of Human Rights, systematizing its jurisprudence while providing an analytical framework designed to fully realize this essential human right. Finally, this article proposes a series of measures to help achieve that important objective.