Law Commons^™

State Intervention And Private Enterprise: Japan, The U.S., And China, Center For Japanese Legal Studies

Center for Japanese Legal Studies

This conference addressed the topic of state intervention in private enterprise, comparing recent and historical trends in the United States, China, and Japan. Speakers and discussants addressed a broad range of topics relevant to the subject of intervention, from state-owned enterprises, to government buyouts of distressed firms, to regulation surrounding foreign direct investment. This event was co-hosted by the Center for Japanese Legal Studies (CJLS) at Columbia Law School, the Center on Japanese Economy and Business (CJEB) at Columbia Business School, and the Japan Economic Foundation (JEF).

Contraception And Corporate Personhood: Does The Free Exercise Clause Of The First Amendment Protect For-Profit Corporations That Oppose The Employer Mandate, John Lyle

University of Dayton Law Review

No abstract provided.

Parallel Investigations Between Administrative And Law Enforcement Agencies: A Question Of Civil Liberties, Shiv Narayan Persaud

University of Dayton Law Review

No abstract provided.

Other People's Volatility: A Call For Rules That More Equitably Stabilize The Stock Market, Scott J. Colesanti

University of Dayton Law Review

No abstract provided.

Shields And Kirpans: How Rfra Promotes Irrational-Basis Review As For-Profit Companies Challenge The Affordable Care Act's Women's Health Amendment, Emily J. Urch

University of Dayton Law Review

No abstract provided.

Rethinking Redigi: How A Characteristics-Based Test Advances The "Digital First Sale" Doctrine Debate, Gregory Capobianco

Cardozo Law Review

No abstract provided.

Simultaneous Catches And Infield Flies: Legal Writing Techniques In Sportswriting, John Schunk

Faculty Publications

No abstract provided.

Patients’ Online Reviews Of Physicians, Eric Goldman

Faculty Publications

This short essay explores how doctors and other healthcare professionals have responded to patient reviews of their services and addresses how they should deal with patient reviews in the future.

Cross-Fertilization: Family Adr To Civil Adr, Sharon Press, Andrew Schepard

Hofstra Law Faculty Scholarship

The article discusses the cross-fertilization of the processes in family and civil alternative dispute resolution (ADR). It provides overview of the history of the civil procedures in both the family and civil ADR, and offers insights from two academic practitioners and public policy advocates who have participated in the development of the practices. It also presents comments on the substantive areas of civil law, which illustrate similar characteristics of family law.

Transformation Of The Modern State: State Sovereignty And Human Rights In The Internet Age, Rob Dickinson

Connecticut Journal of International Law

Self-immolation is the final challenge of the desperate: to local society, to the wider state, to society nationally, and to the international arena. Examples abound: for instance, on January 16, 1969, Jan Palach, a Czech student, committed suicide in Wenceslas Square, Prague, in protest against the Soviet occupation of Czechoslovakia following the invasion in August 1968 - now garnering fresh publicity through a recent television mini-series.' In addition, over the years, Tibetans have used self-immolation as a tactic to protest against Chinese rule in numbers that continue to mount: "Since March 2011, some forty Tibetans have set themselves on fire …

To Join Or Not To Join The International Criminal Court: Arguments For And Against American Ratification Of The Rome Statute, Caitlin Peruccio

Connecticut Journal of International Law

Throughout the 20th century, the international community sought to create a permanent international court to handle crimes against humanity, war crimes and genocide. Following the atrocities of World War II, the Nuremberg and Tokyo Trials - in turn - addressed the crimes committed during World War II' Through the Geneva Conventions and the Universal Declaration of Human Rights, there was an increasing validity of "individual human rights as a legitimate subject of international law."2 In the drafting stages of the Geneva Conventions, the United States lobbied for the inclusion of a provision that would establish an international criminal court;3 however, …

European Court Of Human Rights' Dance With Death, Alexander Cogbill

Connecticut Journal of International Law

There has not been a state sponsored execution by any Council of Europe member state in more than fifteen years.' This milestone represents a relative success for opponents of capital punishment and is only possible because of a carefully constructed legal evolution. The de facto abolition of the death penalty remains under threat by both member and non-member states. This article will explore the current state of death penalty jurisprudence in the Council of Europe, focusing particularly on attempts to export abolitionist values to retentionist countries. It argues that this awkward assertion of diplomatic power is necessary to advance the …

Duty-Free Quota-Free Market Access For Ldcs: Falling Within Or Outside The Gsp Downsides, Sharmin J. Tania

Connecticut Journal of International Law

On April 24, 2013, the world witnessed the deadliest industrial disaster in the textile sector when a building collapse in Bangladesh killed 1129 ready-made garment workers. In the aftermath, both the United States (U.S.) and the European Union (E.U.) threatened to suspend Bangladesh from their Generalized System of Preference (GSP)' facility, clearly to pressure the Bangladeshi government to improve labor conditions. Ultimately, though the E.U. backtracked from the threat, the U.S. suspended its GSP treatment to Bangladesh as a "symbolic move to punish the country for poor labor practices" that particularly attracted the world's attention after the Savar building collapse. …

Public Debt In The United States And Germany: A Constitutional Perspective, Markus Heintzen, Stephen Utz

Connecticut Journal of International Law

This article compares how German and American constitutional frameworks shape alternative approaches for legislative self-discipline regarding public debt. The purpose of the comparison is to identify structural features of the respective constitutional regimes that further or hinder long-term budgetary discipline on the part of a national legislature. The authors believe the devilish details of this globally pressing legislative goal demand a discussion that is sensitive to both constitutional and fiscal challenges.

Creeping Adversarialism In Counterterrorist States, Erin Creegan, Clare J. Hatfield

Connecticut Journal of International Law

The most popular criminal justice system the world over is not the one found in the United States. The United States uses the "adversarial" or "accusatorial" system, in which defense and prosecution are pitted against each other under the supervision of a neutral judge, the fate of the case decided by a lay jury. This is the simple picture anyway. In the inquisitorial system, the judge (or judges, or a mixed panel of lay and professional judges) rule supreme over a neutral presentation of evidence by a detached prosecutor, with rebuttals from the defense. From this simple description, the differences …

Targeting And The Concept Of Intent, Jens David Ohlin

Cornell Law Faculty Publications

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …

Inconsistency In Antitrust, Ramsi Woodcock

Law Faculty Scholarly Articles

When the price of a good is too high, consumers who can afford to pay cost, including enough profit to make production worth the manufacturer's while, but cannot pay enough to meet the high price, are forced to do without. Economics teaches that efficiency would increase if price were to fall to cost because at cost the manufacturer would still be glad to produce and consumers could now afford to purchase more of the good. Efficiency requires that where more for less is possible, more must be had for less.

The Foundational Importance Of Voting: A Response To Professor Flanders, Joshua A. Douglas

Law Faculty Scholarly Articles

Voting is the foundational concept for our entire democratic structure. We think of voting as a fundamental-the most fundamental-right in our democracy. When a group of citizens collectively elects its representatives, it affirms the notion that we govern ourselves by free choice. An individual's right to vote ties that person to our social order, even if that person chooses not to exercise that right. Voting represents the beginning; everything else in our democracy follows the right to vote. Participation is more than just a value. It is a foundational virtue of our democracy.

Professor Chad Flanders, in a thought-provoking contribution …

Justifying Academic Freedom, Brian L. Frye

Law Faculty Scholarly Articles

While academic freedom can only be described in relation to academic norms, its justification can and should depend on its contribution to the common good. Academics contribute to the common good by producing scholarship. But scholarship is a means to an end, not an end in itself. Academic freedom is justified not only because enables academics to produce more and better scholarship, but also because it enables academics to challenge academic norms that diminish the quantity or quality of scholarship they produce.

Unseating Privilege: Rawls, Equality Of Opportunity, And Wealth Transfer Taxation, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

This Article is the second in a series that examines the estate tax from a particular philosophical position in order to demonstrate the relevance and importance of the wealth transfer taxes to that position. In this Article, I explore Rawlsian equality of opportunity, a philosophical position that is at the heart of much American thought. Equality of opportunity requires not only ensuring that sufficient opportunities are available to the least well-off members of society but also that opportunities are not available to other members merely because of their wealth or other arbitrary advantages. Therefore, an income tax alone, even one …

What's In A Name? A Case For Including Biometric Identifiers On Arrest Warrants, Ryan Webb

Loyola of Los Angeles Law Review

Too often, innocent individuals sharing the same name and physical characteristics as the subject of an arrest warrant are misidentified and mistakenly held by law enforcement. The use of biometric identifiers, commonly known as fingerprint identification numbers, would help reduce the number of false arrests because a person’s fingerprints are entirely unique to that individual. Hearkening back to 1894, the Supreme Court’s prevailing interpretation of the particularity requirement of arrest warrants mandates only that the warrant include a subject’s name or general physical description. With such a low threshold to establish a facially valid warrant, law enforcement officers are essentially …

The Federal Circuit's Unbounded Conception Of Inherency In Patent Law, Matthew Kaiser

Loyola of Los Angeles Law Review

This Note examines the doctrine of inherency in patent law, which relates to the Patent Act’s novelty requirement, and—theoretically— seeks to ensure that inventions that are already within the public domain are not wrenched away from the public through a later patent grant. Unfortunately, a lack of recent Supreme Court guidance and a conflict within the Federal Circuit concerning what is necessary to prove inherency have led to a confusing and unpredictable body of inherency law. This Note begins by outlining the increased concern for uniformity and predictability in patent law; it then traces the early treatment of inherent anticipation …

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

The Roadblock For Generic Drugs: Declaratory Judgment Jurisdiction For Later Generic Challengers, Matthew Avery, Mary Nguyen

North Carolina Journal of Law & Technology

No abstract provided.

The International Patent Propensity Divide, Daniel Benoliel

North Carolina Journal of Law & Technology

No abstract provided.

Criminal Copyright Enforcement Against Filesharing Services, Benton Martin, Jeremiah Newhall

North Carolina Journal of Law & Technology

No abstract provided.

Happy Anniversary To The Cplr: A Joint Achievement Of The Practicing Bar And The Academy, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

This September, we celebrated the 50th anniversary of the Civil Practice Law and Rules of New York State. The CPLR was the handiwork of the Advisory Committee on Practice and Procedure, appointed in 1955 by the New York State Temporary Commission on the Courts. Under the leadership of the Committee's reporter, then Columbia Law School Professor Jack B. Weinstein, the Committee members, which included former New York State Bar Association presidents Jackson Dykman and S. Hazard Gillespie, spent five years overhauling, revising and reforming the Civil Practice Act of 1920. This remarkable joint venture between the practicing bar and the …

Taming A Dragon: Legislative History In Legal Analysis, Mark Deforrest

University of Dayton Law Review

No abstract provided.

Restorative Justice And Gendered Violence? From Vaguely Hostile Skeptic To Cautious Convert: Why Feminists Should Critically Engage With Restorative Approaches To Law, Melanie Randall

Dalhousie Law Journal

Legalremedies for crimes ofgendered violence that are more effective, expansive, creative, victim-centred, and victim-sensitive are urgently needed. The author argues that restorative justice is one promising approach -which warrants critical engagement and, more importantly, requires input from feminists in their efforts to end violence against women. The paper concludes with some key principles and recommended directions for further engagement between feminists and proponets of restorative justice in the development of approaches to the harms of gendered violence.

Masthead - Cardozo Journal Of International And Comparative Law, Vol. 22 (2013-14)

Cardozo Journal of International and Comparative Law

No abstract provided.