Law Commons^™

The Relationship Between Foundations And Principles In Ip Law, Robert P. Merges

San Diego Law Review

In my book Justifying Intellectual Property (JIP), I wrote about what I call the “foundations” of the field of intellectual property (IP) law. I tried to distinguish between a foundational level of discourse and another level, the level of basic principles. In the San Diego conference at which my book was discussed—and in several other settings as well—the most frequent and persistent line of questioning about my book centered on the relationship between these two levels. That is what this brief Article is about.

Managing The Intellectual Property Sprawl, Shubha Ghosh

San Diego Law Review

Professor Merges, despite the centrality of creative persons to his argument, organizes a set of ideas that are conducive to refocusing intellectual property law on users. I present this user-focused argument in this Article through the following five Parts. Part II explains my suggested approach to questions about the design of intellectual property law—an approach based on the new institutional economics and the work of Ronald Coase. Part II also addresses objections to this approach. Part III identifies the user in Professor Merges’s high-level principles grounded in Locke, Kant, and Rawls. Part IV follows this argument with a closer examination …

Title Page, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Gps Tracking Out Of Fourth Amendment Dead Ends: United States V. Jones And The Katz Conundrum, Fabio Arcila Jr.

North Carolina Law Review

No abstract provided.

North Carolina's Annexation Wars: Whys, Wherefores, And What Next, Judith Welch Wegner

North Carolina Law Review

No abstract provided.

Circumventing State Consumer Protection Laws: Tribal Immunity And Internet Payday Lending, Heather L. Petrovich

North Carolina Law Review

No abstract provided.

Mandatory E-Verification In North Carolina: The Adverse Consequences Of The System In The Absence Of Comprehensive Reform, Leann Gerlach

North Carolina Law Review

No abstract provided.

How Do The Elderly Fare In Medical Malpractice Litigation, Before And After Tort Reform? Evidence From Texas, Myungho Paik, Bernard S. Black, David A. Hyman, William M. Sage, Charles M. Silver

Faculty Scholarship

The elderly account for a disproportionate share of medical spending, but little is known about how they are treated by the medical malpractice system, or how tort reform affects elderly claimants. We compare paid medical malpractice claims brought by elderly plaintiffs in Texas during 1988–2009 to those brought by adult non-elderly plaintiffs. Controlling for healthcare utilization (based on inpatient days), elderly paid claims rose from about 20% to about 40% of the adult non-elderly rate by the early 2000s. Mean and median payouts per claim also converged, although the elderly were far less likely to receive large payouts. Tort reform …

Distinguishing The “Truly National” From The “Truly Local”: Customary Allocation, Commercial Activity, And Collective Action, Neil S. Siegel

Faculty Scholarship

This Essay makes two claims about different methods of defining the expanse and limits of the Commerce Clause.

My first claim is that approaches that privilege traditional subjects of state regulation are unworkable and undesirable. The approaches are unworkable in light of the frequency with which the states and the federal government regulate the same subject matter in our modern world of largely overlapping federal and state legislative jurisdiction. The approaches are undesirable because the question of customary allocation is unrelated to the principal reason why Congress possesses the power to regulate interstate commerce: solving collective action problems involving multiple …

Against Employer Dumpster-Diving For Email, Michael Z. Green

Faculty Scholarship

Recent attorney client-privilege cases ojfer a modern understanding of reasonable expectations of employee privacy in the digital age. Today employees are sending an increasing number of electronic mail communications to their attorneys via employer-provided computers or other digital devices with an expectation of privacy and confidentiality. Historically, courts summarily dispensed with these matters by finding that an employer policy establishing employer ownership of any communications made through employer-provided devices eliminated any employee expectation of privacy in the communications and waived any viable privacy challenges to employer review of those communications. Nevertheless, within the last couple of years, several cases involving …

Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein

Faculty Scholarship

The May 25, 2012, report — entitled EPA Inaction in Identifying Hazardous Waste Pharmaceuticals May Result in Unsafe Disposal — disapproved of EPA’s lack of progress in determining whether certain pharmaceuticals found in surface, ground, and drinking water qualify as hazardous waste, as well as in establishing an evaluation and regulatory process for pharmaceutical wastes. As a result of the report, EPA is now considering mechanisms for assessing and regulating the presence of certain pharmaceutical products in the environment as hazardous wastes under the Resource Conservation and Recovery Act.

International Human Rights Are Taking Hold In U.S. States, Cities, And Towns, Human Rights Institute

Human Rights Institute

New York, NY (December 10, 2012) – Incorporating human rights into local policies and decision-making leads to effective, sustainable, and responsive policies, according to a new report released today by Columbia Law School’s Human Rights Institute.

Bringing Human Rights Home: How State And Local Governments Can Use Human Rights To Advance Local Policy, Human Rights Institute

Human Rights Institute

State and local governments play an essential role in promoting and protecting human rights. Within the United States, agencies and officials at the municipal, city, county and state levels can help fulfill human rights by ensuring dignity, equality and opportunity for everyone in their jurisdiction.

Recognizing the value of human rights, state and local agencies and officials across the United States are incorporating international human rights standards in their daily work. As illustrated by examples throughout this report, integrating human rights into local law, policy and practice can enhance government decision-making and respond directly to local needs. It also allows …

United States’ Compliance With The International Covenant On Civil And Political Rights, Human Rights Institute, American Civil Liberties Union (Aclu)

Human Rights Institute

The U.S. government is engaged in targeted killings through drone strikes (and other aircraft) in Pakistan, Yemen, Somalia and elsewhere, which have resulted in the deaths of thousands of people. U.S. practice is characterized by secrecy and an unwillingness even to engage directly with concerns about civilian harm, let alone to provide accountability for civilian deaths and injury. Despite calls for disclosure from UN experts and non- governmental organizations, the U.S. government uses vague and shifting legal standards, and fails to disclose the basis for strikes or the steps it takes to minimize harm to civilians and investigate reported violations …

'In A Settled Country, Everyone Must Eat': Four Questions About Transnational Private Regulation, Migration, And Migrant Work, Amar Bhatia

Articles & Book Chapters

This introduction speaks to one of the questions raised by transnational private regulation: is migration always transnational? One quick answer to this question might be ‘no’. If migration is concerned with the international movement of people, then what has been called the approach of methodological nationalism would force out the ‘trans-­‐’ and always substitute the international. Since methodological nationalism is an approach characterized by an overdue emphasis on states and their external borders as the sole arbiters for what registers as movement, then this answer would not surprise anyone. However, if we do not take a monopolistic approach to borders, …

The Irony Of Privacy Class Action Litigation, Eric Goldman

Faculty Publications

In the past few years, publicized privacy violations have regularly spawned class action lawsuits in the United States, even when the company made a good faith mistake and no victim suffered any quantifiable harm. Privacy advocates often cheer these lawsuits because they generally favor vigorous enforcement of privacy violations, but this essay encourages privacy advocates to reconsider their support for privacy class action litigation. By its nature, class action litigation uses tactics that privacy advocates disavow. Thus, using class action litigation to remediate privacy violations proves to be unintentionally ironic.

The Analytic Classroom, Todd E. Pettys

Buffalo Law Review

No abstract provided.

“Abandoned… Without A Word Of Warning”: Perspectives On Maples V. Thomas, Deborah A. Demott

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Bellagio Global Dialogues On Intellectual Property, Joe Karaganis

Joint PIJIP/TLS Research Paper Series

This paper is an account of the Bellagio conferences and of their place within the larger arc of Rockefeller intellectual property work since 2002. In a more limited fashion, it is also an account of the transformation of IP from an obscure legal specialty into a major discourse of power and debate about the shape of globalization. The broadest achievement of the Bellagio series—and of Rockefeller Foundation work more generally in this area—has been to make this debate more open, participatory, and engaged with questions of poverty and human development.

Reluctance To Resentence: Courts, Congress, And Collateral Review, Sarah French Russell

North Carolina Law Review

No abstract provided.

Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin

Buffalo Law Review

No abstract provided.

Pie In The Sky: Cloud Computing Brings An End To The Professional Paradigm In The Practice Of Law, Kenneth L. Bostick

Buffalo Law Review

No abstract provided.

Creating A Child-Friendly Child Welfare System: Effective Early Intervention To Prevent Maltreatment And Protect Victimized Children, Elizabeth Bartholet

Buffalo Law Review

No abstract provided.

Clarity At Sentencing Deferred: How Dorsey V. United States Could Have Reformed Federal Sentencing, Jonathan Ross

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

No.24 - December 2012, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Dean's Column: Academic Success At Boyd, Jennifer Carr

Scholarly Works

No abstract provided.

Impact Of The 2003 Illinois Gaming Tax Rate Increase On Marketing Spending And Cross-State Substitution, Mikael Bengt Ahlgren

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this research was to investigate three potential consequences related to the 2003 Illinois Gaming Tax rate restructuring. The first section presents the assessment of whether a higher tax rate motivated an Illinois casino operator to reduce of marketing/promotional expenditures in an attempt to negatively influence revenues. The second establishes if the surrounding state gaming operators reacted to the increased Gaming Tax rate in Illinois, by raising their marketing spending. The last section clarifies whether the changes to the Illinois Gaming Tax Schedule impacted gaming volumes in the neighboring/competing states of Indiana, Iowa, and Missouri.

The analysis relied …

Safety First -In Search Of Justice -School & Law Enforcement Agency Partnerships, Michael Anthony Pickett

UNLV Theses, Dissertations, Professional Papers, and Capstones

ABSTRACT

Educational problems are many and varied. At-risk students, achievement gaps and poor student outcomes are hot topics that beg for improvement in equity across the board and stand in the way of achieving excellence. These educative, albeit, social justice issues are not new, but rather, are old problems revisited (Kaestle, 1983; Morrison, 2003). Additionally, the issue of violence in schools is also recognized as not only a social justice problem but also a public health problem (Mercy & O'Carroll, 1988) and is perhaps the most pressing societal issue related to children and youth today. "Safe schools are the concern …

The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry

Dissertations

The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science (Baum 1987, Dubois 1980). The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study. …

Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii

BYU Law Review

No abstract provided.