Law Commons^™

Can We Regulate Our Way To Energy Efficiency? Product Standards As Climate Policy, Noah M. Sachs

Vanderbilt Law Review

Alternative energy supplies get most of the attention in the climate change debate, but reducing energy demand should be the dominant strategy for cutting global greenhouse gas emissions. Dozens of technical studies have concluded that improving the efficiency of automobiles, furnaces, motors, consumer electronics, lighting, air conditioners, and other energy-using products is the cheapest and fastest way to achieve dramatic reductions in greenhouse gas emissions.' In fact, avoiding catastrophic global heating largely depends on how fast energy efficient technology can be deployed over the next few decades.

Energy efficiency can be promoted through multiple policies, such as energy taxes, a …

Hydro Law And The Future Of Hydroelectric Power Generation In The United States, Dan Tarlock

Vanderbilt Law Review

Hydroelectric energy ("hydro") is the oldest major source of noncarbon, renewable energy in the United States. For three reasons, increased hydro generation should be a major element of any national climate change and energy-security policy designed to promote the greater use of renewables to help the country transition to the production of sustainable, i.e., noncarbon-based, energy. First, hydro is relatively clean because it does not cause air pollution or substantial greenhouse gas emissions.' Second, hydro is relatively reliable. Third, hydro can help wean the United States from its dependence on imported and often politically unstable hydrocarbon sources of energy, because …

Problematique, David A. Westbrook

Other Scholarship

No abstract provided.

Information Escrows, Ian Ayres, Cait Unkovic

Michigan Law Review

A variety of information escrows - including allegation escrows, suspicion escrows, and shared-interest escrows - hold the promise of reducing the first-mover disadvantage that can deter people with socially valuable private information from disclosing that information to others. Information escrows allow people to transmit sensitive information to a trusted intermediary, an escrow agent, who only forwards the information under prespecified conditions. For example, an allegation escrow for sexual harassment might allow a victim to place a private complaint into escrow with instructions that the complaint be lodged with the proper authorities only if the escrow agent receives at least one …

Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler

Michigan Law Review

Graffiti has long been a target of municipal legislation that aims to preserve property values, public safety, and aesthetic integrity in the community. Not only are graffitists at risk of criminal prosecution but property owners are subject to civil and criminal penalties for harboring graffiti on their land. Since the 1990s, most U.S. cities have promulgated graffiti abatement ordinances that require private property owners to remove graffiti from their land, often at their own expense. These ordinances define graffiti broadly to include essentially any surface marking applied without advance authorization from the property owner. Meanwhile, graffiti has risen in prominence …

The Case Against Combating Bittorrent Piracy Through Mass John Doe Copyright Infringement Lawsuits, Sean B. Karunaratne

Michigan Law Review

Today, the most popular peer-to-peer file-sharing medium is the BitTorrent protocol. While BitTorrent itself is not illegal, many of its users unlawfully distribute copyrighted works. Some copyright holders enforce their rights by suing numerous infringing BitTorrent users in a single mass lawsuit. Because the copyright holder initially knows the putative defendants only by their IP addresses, it identifies the defendants anonymously in the complaint as John Does. The copyright holder then seeks a federal court's permission to engage in early discovery for the purpose of learning the identities behind the IP addresses. Once the plaintiff knows the identities of the …

Criminal Law Reform And Thepersistence Of Strict Liability, Darryl K. Brown

Duke Law Journal

Two reform movements transformed American criminal law in the quarter century that began in the late 1960s. Their origins and effects were starkly different, and their conflict meant that, on core choices about the basis for criminal liability, one movement had to win and the other had to lose. The first movement was the wave of criminal code reform inspired by the American Law Institute's Model Penal Code (MPC), first published in 1962. The MPC movement sought to increase the role of culpability as a prerequisite for liability by presumptively requiring proof of mens rea for every element of criminal …

Should Moving In Mean Losing Out? Making A Case To Clarify The Legal Effect Of Cohabitation On Alimony, Emily M. May

Duke Law Journal

As nonmarital cohabitation has skyrocketed over the last several decades, courts and legislatures have increasingly struggled to decide what legal effect an ex-spouse's cohabitation with a new partner should have on the receipt of alimony payments. In seeking to answer this cohabitation question, states have taken a variety of approaches. Often, however, courts' answers to the cohabitation question are not grounded in the rationale that those courts used to award alimony in the first place and may therefore lead to inconsistent or absurd results. This Note addresses the cohabitation question and argues that states should revisit their current approaches in …

Sexual Assault On College Campuses: Seeking The Appropriate Balance Between Due Process And Victim Protection , Matthew R. Triplett

Duke Law Journal

Peer sexual assault is a significant problem on American college and university campuses. On April 4, 2011, the Office for Civil Rights of the Department of Education sought to address this problem by issuing a new "Dear Colleague Letter" that provided enhanced guidance on how educational institutions should adjudicate such incidents. The letter has the perverse effect of complicating matters further by blurring the already fine line between victim protection and due process for the accused, and it exposes a potential liability trap for educational institutions. This Note explains why the law surrounding victim protection and due process is difficult …

The Innocence Effect, Oren Gazal-Ayal, Avishalom Tor

Duke Law Journal

Nearly all felony convictions—about 95 percent—follow guilty pleas, suggesting that plea offers are very attractive to defendants compared to trials. Some scholars argue that plea bargains are too attractive and should be curtailed because they facilitate the wrongful conviction of innocents. Others contend that plea bargains only benefit innocent defendants, providing an alternative to the risk of a harsher sentence at trial. Hence, even while heatedly disputing their desirability, both camps in the debate believe that plea bargains commonly lead innocents to plead guilty. This Article shows, however, that the belief that innocents routinely plead guilty is overstated. We provide …

Journal Staff

Duke Law Journal

No abstract provided.

Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney

Faculty Scholarship

In asserting that law is a profession, not a business, lawyers often refer to the role that self-governance plays in the legal profession. Julius Henry Cohen captured this sentiment in the following exhortation: “Ours is a profession...The sins of one of us are the sins of all of us.” Come, brethren, let us clean house.” Meaningful self-governance requires accountable and independent professionals. This article tackles accountability as fundamental aspects of professionalism. The examination of accountability considers fissures in accountability as demonstrated in lawyers’ rush to jump on the limited liability bandwagon and resistance to mandatory legal malpractice insurance and insurance …

Foreword, John D. Inazu

Law and Contemporary Problems

No abstract provided.

Hauerwas And Disability Law: Exposing The Cracks In The Foundations Of Disability Law , Elizabeth R. Schiltz

Law and Contemporary Problems

No abstract provided.

Creation Stories: Stanley Hauerwas, Same-Sex Marriage, And Narrative In Law And Theology , Charlton C. Copeland

Law and Contemporary Problems

No abstract provided.

Hauerwasian Christian Legal Theory, David A. Skeel Jr.

Law and Contemporary Problems

No abstract provided.

Hauerwas And The Law: Framing A Productive Conversation , Cathleen Kaveny

Law and Contemporary Problems

No abstract provided.

Hauerwas, Liberalism, And Public Reason: Terms Of Engagement? , Stephen Macedo

Law and Contemporary Problems

No abstract provided.

Must Liberalism Be Violent? A Reflection On The Work Of Stanley Hauerwas , Stephen L. Carter

Law and Contemporary Problems

No abstract provided.

A Dialogue Between A Theologian And A Lawyer , H. Jefferson Powell, Stanley Hauerwas

Law and Contemporary Problems

No abstract provided.

Hauerwas On “Hauerwas And The Law”: Trying To Have Something To Say, Stanley Hauerwas

Law and Contemporary Problems

No abstract provided.

Managerial Judging: The 9/11 Responders' Tort Litigation, Aaron D. Twerski, Judge Alvin K. Hellerstein, James A. Henderson, Jr

Faculty Scholarship

No abstract provided.

Coastal Land Loss And The Mitigation – Adaptation Dilemma: Between Scylla And Charybdis, Blake Hudson

Louisiana Law Review

No abstract provided.

And Not A Drop To Drink: Admiralty Law And The Bp Well Blowout, John Costonis

Louisiana Law Review

No abstract provided.

Preface - Lsu Journal Of Energy Law And Resources, Patrick H. Martin

LSU Journal of Energy Law and Resources

No abstract provided.

Crisis In The Classroom: Using Simulations To Enhance Decision-Making Skills, Shawn Marie Boyne

Journal of Legal Education

No abstract provided.

Traditional Knowledge, Cultural Expression, And The Siren's Call Of Property, Justin Hughes

Articles

Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.

Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas

Articles

No abstract provided.

Criminal Law And Procedure, Aaron J. Campbell, Kathleen B. Martin

University of Richmond Law Review

This article aims to give the criminal law practitioner a succinct review of significant cases regarding criminal law and procedure decided by the Supreme Court of Virginia and the Court ofAppeals of Virginia during the past year. The authors have focused their discussion of the cases on cogent points found in the holdings. The article also briefly summarizes recent legislative enactments pertaining to criminal law.

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.