Law Commons^™

Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution, Susan David Demaine

Articles by Maurer Faculty

In 1842, the Supreme Court issued a landmark decision in Prigg v. Pennsylvania, resolving a dispute about fugitive slave rendition that had raged between the states for decades. H. Robert Baker’s analysis of the decision and the events that led up to it is the first book-length work to investigate Prigg and its place in American history. Baker traces the development of fugitive slave laws and recounts the heart-wrenching story that lies behind Prigg to shed light on the Supreme Court’s decision and the gradual clarification of American federalism.

Patents And The University, Peter Lee

Duke Law Journal

This Article examines the intersection of patent law and academic science. It advances two novel claims about the internalization of academic science within the patent system and the concomitant evolution of “academic exceptionalism.” Historically, relations between patent law and the university were characterized by mutual exclusion, based in part on perceived normative conflicts between academic culture and exclusive rights. These normative distinctions helped inform academic exceptionalism—the notion that the patent system should exclude the fruits of academic science or treat academic entities differently than other actors—in patent doctrine. As universities began to embrace patents and the nature of scientific research …

Journal Staff

Duke Law Journal

No abstract provided.

Defining Privacy And Utility In Data Sets, Felix T. Wu

Articles

Is it possible to release useful data while preserving the privacy of the individuals whose information is in the database? This question has been the subject of considerable controversy, particularly in the wake of well-publicized instances in which researchers showed how to re-identify individuals in supposedly anonymous data. Some have argued that privacy and utility are fundamentally incompatible, while others have suggested that simple steps can be taken to achieve both simultaneously. Both sides have looked to the computer science literature for support.

What the existing debate has overlooked, however, is that the relationship between privacy and utility depends crucially …

Preemption And Textualism, Daniel J. Meltzer

Michigan Law Review

In the critically important area of preemption, the Supreme Court’s approach to statutory interpretation differs from the approach it follows elsewhere. Whether in politically salient matters, like challenges to Arizona’s immigration laws, or in more conventional cases, such as those in which state tort liability overlaps with federal regulation, the Court’s preemption decisions reflect a highly purposive approach to reading statutes, most notably through the application of “obstacle preemption” analysis. Recently, however, Justice Thomas has objected to the Court’s failure in preemption cases to respect its more textualist approach to issues of statutory interpretation, and he has urged that obstacle …

Pro-Whistleblower Reform In The Post-Garcetti Era, Julian W. Kleinbrodt

Michigan Law Review

Whistleblowers who expose government ineptitude, inefficiency, and corruption are valuable assets to a well-functioning democracy. Until recently, the Connick–Pickering test governed public employee speech law; it gave First Amendment protection to government employees who spoke on matters of public concern—-such as whistleblowers-—so long as the government’s administrative concerns did not outweigh the employees’ free speech interests. The Supreme Court significantly curtailed the protection of such speech in its recent case, Garcetti v. Ceballos. This case created a categorical threshold requirement that afforded no protection to speech made as an employee rather than as a citizen. Garcetti’s problematic rule has forced …

Is The Invocation Of Inherent Jurisdiction The Same As The Exercise Of Inherent Powers? Re Nalpon Zero Geraldo Mario [Case Note], Siyuan Chen

Research Collection Yong Pung How School Of Law

In Re McC (A Minor), Lord Bridge of Harwich remarked that few words have been ‘used with so many different shades of meaning in different contexts’ and ‘have so freely acquired new meanings’ as the word ‘jurisdiction’. The definitional conundrum deepens when ‘jurisdiction’ is combined with the adjective ‘inherent,’ yet common law courts around the world routinely claim to invoke inherent jurisdiction for a wide array of purposes in civil and criminal matters, ranging from the reception of evidence to the ensuring of a fair trial, and this necessarily raises questions about the limits of such an exercise.

Which Road To The Past? - Some Reflections On Legal History, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

It is not customary to commence a keynote address with caveats and disclaimers. However, this is the rare occasion when such qualifications are necessary because—if I may be permitted a crude pun—of the lack of qualifications of the speaker himself. This is not false modesty. It is very real. I know that I have often been referred to in the Singapore context as a legal historian.

Diversity, Deliberations, And Judicial Opinion Writing., Susan B. Haire, Laura P. Moyer, Shawn Treier

Faculty and Staff Scholarship

Underlying scholarly interest in diversity is the premise that a representative body contributes to robust decision-making processes. Using an innovative measure of opinion content, we examine this premise by analyzing deliberative outputs in the US courts of appeals (1997-2002). While the presence of a single female or minority did not affect the attention to issues in the majority opinion, panels composed of a majority of women or minorities produced opinions with significantly more points of law compared to panels with three Caucasian males.

A New American Dilemma?: U.S. Constitutionalism Vs. International Human Rights, Stanley N. Katz

University of Miami Law Review

No abstract provided.

Supermarkets In India: Struggles Over The Organization Of Agricultural Markets And Food Supply Chains, Amy J. Cohen

University of Miami Law Review

This article analyzes the conflicts and distributional effects of efforts to restructure food supply chains in India. Specifically, it examines how large retail corporations are presently attempting to transform how fresh produce is produced and distributed in the "new" India-and efforts by policymakers, farmers, and traders to resist these changes. It explores these conflicts in West Bengal, a state that has been especially hostile to supermarket chains. Via an ethnographic study of small producers, traders, corporate leaders, and policymakers in the state, the article illustrates what food systems, and the legal and extralegal rules that govern them, reveal about the …

Inconsistency In Antitrust, Ramsi A. Woodcock

University of Miami Law Review

No abstract provided.

Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos

University of Miami Law Review

The Patient Protection and Affordable Care Act includes an individual mandate that penalizes individuals who do not purchase health insurance. Critics of the individual mandate, including a majority of justices on the Supreme Court, contend that Congress cannot use its Commerce Clause power to coerce individuals to buy a product. Supporters concede that the mandate coerces but argue that it is otherwise permissible under the Commerce Clause. This article questions whether the individual mandate coerces. It uses a simple economic model to show that, under certain conditions, the individual mandate induces insurers to sell health insurance at a price each …

Futurlawma: 21st Century Solutions To 31st Century Problems, Justin S. Wales

University of Miami Law Review

No abstract provided.

Rent A Reef? How The Privatization Of Florida Coral Reefs May Advance Local Conservation Efforts, Natalie Harrison

University of Miami Law Review

No abstract provided.

The Impact Of Preemption In The Nfl Concussion Litigation, Kelly A. Heard

University of Miami Law Review

No abstract provided.

Roe V. Wade At 40, Gerard V. Bradley

Journal Articles

Under the leadership of Chief Justice Warren Burger, who joined it in 1969, the Supreme Court departed from the course taken during the 16-year tenure of his predecessor, Earl Warren. The Burger Court rolled back precedents in criminal procedure and obscenity, while stopping the drive to universalize welfare rights and equalize public schooling expenditures. Roe v. Wade (1973), on the other hand, extended the Warren Court's deepest commitments: sexual liberation, obviously; equality, with respect to both race and class; and even church-state separation, insofar as the Roe Justices identified opposition to abortion with Catholic dogma. These more or less "progressive" …

Graev: Conditional Facade Easement, Wendy G. Gerzog

All Faculty Scholarship

In Graev v. Commissioner, the Tax Court decided whether the taxpayers’ donations of a facade easement and cash contributions were conditional gifts and therefore disallowable as charitable deductions under the requirements of the regulations. The court reviewed the facts to determine whether the condition was allowed because it was “so remote as to be negligible.” The taxpayers argued that case law at the time of the donation allowed for a donation of between 10 and 15 percent of the value of the property, and that they had deducted a value constituting 11 percent of the property’s appraised value; that the …

Volume 86, Issue 3 (2013)

Obiter Dicta

No abstract provided.

Vol. 45, No. 05 (September 30, 2013)

Indiana Law Annotated

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Money Laundering Detection Framework To Link The Disparate And Evolving Schemes, Murad Mehmet, Duminda Wijesekera, Miguel F. Buchholtz

Journal of Digital Forensics, Security and Law

Money launderers hide traces of their transactions with the involvement of entities that participate in sophisticated schemes. Money laundering detection requires unraveling concealed connections among multiple but seemingly unrelated human money laundering networks, ties among actors of those schemes, and amounts of funds transferred among those entities. The link among small networks, either financial or social, is the primary factor that facilitates money laundering. Hence, the analysis of relations among money laundering networks is required to present the full structure of complex schemes. We propose a framework that uses sequence matching, case-based analysis, social network analysis, and complex event processing …

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Guerilla Radio: How Unlicensed Live Tv Retransmissions Threaten The Music Industry, Brandon Sherman

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Since February 2012, online live TV service “Aereo” has given its subscribers the ability to watch, record and replay over-the-air (“OTA”) broadcast television on any Internet-connected device. Since Aereo’s technology is precariously styled to avoid making public performances or infringing upon reproductions under the Copyright Act, it has so far avoided paying any license fees to broadcasters or content owners for its retransmissions. In July 2012, broadcasters sued Aereo for copyright infringement, but their motion for a preliminary injunction against the service was denied, and on April 1, 2013, the Second Circuit affirmed.

This post was originally published on the …

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Is Your Birthday Suit An Intangible Medium Of Expression Or Are You Bound To The Shackles Of Copyright Law?, Arrielle Millstein

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Human flesh is miraculous; it is the body’s largest organ weighing in at eight pounds, and measuring a total of twenty-two square feet. The skin not only functions as a protectant from life’s daily elements through its regenerative qualities, but also serves as a means for individuals to demonstrate self-expression; whether that is through body modifications, plastic surgery, tattoos, unique body piercings, skin stretching, or skin alterations for cultural traditions.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 29, 2013. The original post can be accessed via the Archived Link button above.

Roger Williams University 14th Annual Law Alumni Association Scholarship Golf Tournament, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Case Comment: United States V. Windsor, Ruthann Robson

City University of New York Law Review

No abstract provided.

U.S. V. Windsor's Impact On Immigration Law, Janet M. Calvo

City University of New York Law Review

No abstract provided.

Section 6: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.