Law Commons^™

The Tobacco Diaries: Lessons Learned And Applied To Regulation Of Dietary Supplements, Joanna K. Sax

Maryland Law Review Online

No abstract provided.

Order On Nov. 14, 2013 Hearing (United Community Bank), John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Order On Nov. 1, 2013 Hearing (Michael D. Sullivan), Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Volume 86, Issue 6 (2013)

Obiter Dicta

No abstract provided.

Vol. 45, No. 11 (November 18, 2013)

Indiana Law Annotated

No abstract provided.

Trademark As Promise, Laura A. Heymann

Popular Media

No abstract provided.

Brief Of Appellants, Lorraine Bannai, Robert S. Chang, Charlotte Garden, Fred T. Korematsu Center For Law And Equality, Attorneys For Appellants

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Safecom, Ltd. V. Raviv, Yoram Danziger, Zvi Zylbertal, Elyakim Rubinstein

Translated Opinions

Facts: An appeal against the Haifa District Court's judgment dismissing the Appellants' claim against the Respondent for the infringement of its copyright in technical drawings. At trial, the Appellants argued that drawings used by the Respondent for the registration of a patent in the USA for a voltage backup system for cable systems (a product that competes with a product of the first Appellant (hereinafter referred to as "Safecom") infringe Safecom's copyright in the drawings of its products. There is no dispute that there was a previous business relationship between the Respondent and the Appellants, and the Respondent had access …

Presumed Guilty, Terrence Cain

Law Faculty Scholarship

It would probably surprise the average American to learn that prosecutors need only prove guilt beyond a reasonable doubt sometimes. Although the Due Process Clauses of the Constitution require that the government prove each element of an alleged criminal offense beyond a reasonable doubt, the use of statutory presumptions has relieved the government of this responsibility, and in some cases, has even shifted the burden to the defendant to disprove the presumption. Likewise, the Sixth Amendment grants a criminal defendant the right to have the jury and the jury alone determine whether the government has met its burden and ultimately …

November 16, 2013: The Mythical Elements Of The Bible, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Mythical Elements of the Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Judgment Day For Fraud-On-The-Market?: Reflections On Amgen And The Second Coming Of Halliburton, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

In November 2013, the Supreme Court granted certiorari in the Halliburton litigation to reconsider, and perhaps overrule, its seminal decision in Basic Inc. v. Levinson. Basic legitimated the fraud-on-the-market presumption of reliance, making securities class actions for claims of false corporate publicity viable, and such cases have become the central mechanisms for private securities fraud litigation. This move came after last Term’s Amgen decision, where four justices signaled their doubts about Basic. This essay looks at the connection between Amgen and the continuing viability of fraud-on-the-market litigation. How Halliburton comes out will likely depend on how the Court …

Platform Selection And Strategic Alignment – Fall 2013 Symposium Presentation, Roger Skalbeck

Georgetown Law Faculty Publications and Other Works

Whether providing services or resources, every library is faced with questions of selecting the right resource for the right reason. You need a website, a process for updating content, a way to manage operations, and a system for responding to constant change. Increasingly, new service opportunities are found in cloud and virtual platforms. This presentation looks at opportunities in selecting the right tools for the right job. The presentation will explore some unique aspects of law libraries and legal subject content many libraries rely on, including the strategic value of content from law libraries in metropolitan areas.

2012-13 Jlia Masthead

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz

Penn State Journal of Law & International Affairs (2012 - Present)

Kraft’s takeover of Cadbury in 2011 caused considerable uproar in the United Kingdom. The political outcry caused significant amendments to the United Kingdom’s regulatory framework over mergers and acquisitions, the so-called, Takeover Code. These changes to the Takeover Code were made to help relieve pressure on target companies during takeover situations, and to correct the imbalance of power in favor of bidding companies that the political community had perceived during the Kraft-Cadbury takeover. After the changes were made, but before they were implemented, the business community expressed concern that these added regulations would be detrimental to the M&A market as …

The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira

Penn State Journal of Law & International Affairs (2012 - Present)

In July 2011, Australia and Malaysia entered into an arrangement in which Australian asylum seekers would be removed to neighboring Malaysia to have their asylum claims processed. Following widespread criticism in the media, Australia’s High Court ruled that such a deal violated Australia’s refuges protection laws. While this ruling should have put an end to the deal, Australia’s Immigration Minister indicated that the agreement might nevertheless be feasible. Policy makers proposed amending Australian domestic immigration laws to allow the deal to go forward unencumbered. A bill to amend Australia’s Migration Act was subsequently introduced. As it currently stands, Australian law …

The Cost Of Fear: An Analysis Of Sex Offender Registration, Community Notification, And Civil Commitment Laws In The United States And The United Kingdom, Kate Hynes

Penn State Journal of Law & International Affairs (2012 - Present)

Sex offenders are often seen as a notorious group in both the United States and the United Kingdom. The public opinion of the masses has often found its way into the laws which restrict the privacy and freedoms of many sex offenders. This comment will examine the often divergent trends in lawmaking and judicial authority in both countries in regard to sex offender registration, community notification, and civil commitment. Further, the comment will study the lasting effects on the sex offender population and potential civil rights implications.

How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett

Penn State Journal of Law & International Affairs (2012 - Present)

This essay is grounded in two basic propositions. The first is that the greatest strategic challenge facing the United States is extricating its foreign policy from a well-worn but deeply counterproductive quest for hegemonic dominance in critical areas of the world, especially the Middle East. The second is that Washington’s handling of its relations with the Islamic Republic of Iran constitutes a crucial test of America’s capacity to put its foreign policy on a more productive and realistic trajectory. Since the Islamic Republic’s founding in 1979, Washington has refused to understand and accept the basic model underlying its political order—the …

The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla

Penn State Journal of Law & International Affairs (2012 - Present)

International law does not permit the use of military force against Iran to attempt to end its nuclear program. The resort to military force in international relations is covered first and foremost by Article 2(4) of the United Nations Charter. Article 2(4) is a general prohibition on resort to force that includes resort to military force for arms control, including nuclear weapons control. The Charter has two express but limited exceptions to the ban on military force. A state that is the victim of a significant armed attack may use force in necessary and proportional self-defense; the United Nations Security …

Caroline Revisited: An Imagined Exchange Between John Kerry And Mohammad Javad Zarif, James W. Houck

Penn State Journal of Law & International Affairs (2012 - Present)

In 1837, sailors of Great Britain's Royal Navy sank the American ship the Caroline over Niagra Falls. Great Britain justified the incident the preemptive strike as an act of self-defense. Diplomats of the two nations negotiated a legal framework to guide future preemptive uses of force. In the face of twenty-first century nuclear weapons, however, the Caroline framework seems outdated and impractical. To date, Iran continues to develop their nuclear program, while refusing international inspectors full access to their centrifuges. The United States is committed to keeping a nuclear weapon out of Iran's hands. The United States and Iran …

Iran's Nuclear Program And International Law, Daniel H. Joyner

Penn State Journal of Law & International Affairs (2012 - Present)

In this article, Professor Daniel Joyner analyzes the legal arguments on both sides of the Iran nuclear issue. The article address what the sides regard as the relevant sources of international nuclear law, and their respective interpretations of these sources law. Professor Joyner argues that Iran’s case illustrates warped and incorrect legal interpretations of the Nuclear Nonproliferation Treaty and other sources of law, and a prejudicial and inconsistent application of the law by the West and by the International Atomic Energy Agency. The article posits that this warped interpretation of NPT obligations has led to a bleak future for the …

Npt: A Pillar Of Global Governance, Richard Butler

Penn State Journal of Law & International Affairs (2012 - Present)

The NPT is regarded as the cornerstone of nuclear arms control. It is the sole, widely agreed commitment in international law, to a world free of nuclear weapons. This fact and its operational mechanisms, establish NPT as a pillar of global governance. Any breakout from it, such as the development of nuclear weapons by Iran, a non-nuclear weapons state party to NPT, would jeopardize the future of the treaty and deeply harm the structure of contemporary global governance. If it chooses to do so, Iran cannot be prevented from taking such action by threatening it with the use of force, …

The Iranian Nuclear Issue, The End Of The American Century, And The Future Of International Order, Flynt L. Leverett

Penn State Journal of Law & International Affairs (2012 - Present)

How the U.S.-Iranian competition for influence in the Middle East plays out will have profound consequences not just for the Middle East, but also for the legal frameworks, rules-based regimes, and mechanisms of global governance that shape international order in the 21^st century. This is particularly true with regard to U.S.-Iranian disagreements over the Islamic Republic’s nuclear activities. Strategic competition between America and Iran and its implications for international order play out against a backdrop of the progressive diminution of U.S. leadership in world affairs. Relative decline challenges the United States to share the prerogatives of global governance, especially …

Foreword, Amy C. Gaudion

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Boyd Briefs - Nov. 15, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Procaps S.A. V. Patheon Inc.: Expert Report, Jonathan Baker

Legislative Testimony & Comments

No abstract provided.

The First Circuit And The First Amendment, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Injunctions In Sovereign Debt Litigation, Mark C. Weidemaier, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Injunctions against foreign sovereigns have come under criticism on comity and enforcement grounds. We argue that these objections are overstated. Comity considerations are important but not dispositive. Enforcement objections assign too much significance to the court’s inability to impose meaningful contempt sanctions, overlooking the fact that, when a foreign sovereign is involved, both money judgments and injunctions are enforced through what amounts to a court-imposed embargo. This embargo discourages third parties from dealing with the sovereign and, if sufficiently costly, can induce the sovereign to comply. Nevertheless, we are skeptical about injunctions in sovereign debt litigation. They are prone to …

W&L Law Fall Scholarship Celebration 2013, Nora V. Demleitner

Library Events

On November 14, 2013, the Washington and Lee Law Library hosted a first-of-its-kind Fall Scholarship Celebration. The event took place in the Law Library's main reading room from 5:00 p.m. to 7:00 p.m.

On display were dozens of scholarly articles, books, chapters, and amicus briefs authored by the W&L Law faculty and student body during 2012 and 2013, with hundreds of additional works accessible online through the Scholarly Commons institutional repository.

Faculty, librarians, staff, and administrators mingled with law students over hors d'oeuvres and wine to peruse the formidable scholarly output of the W&L Law community. Spouses, alumni, faculty from …

The Santa Clara, 2013-11-14, Santa Clara University

The Santa Clara

No abstract provided.

Jimmy Gurule Panel Discussions At The Role Of The Judiciary In Handling Counterterrorism Cases Within A Rule Of Law Framework Conference In Washington, D.C., November 14-15, 2013, Jimmy Gurule

Faculty Lectures and Presentations

Jimmy Gurule moderated two panel discussions at a conference entitled: “The Role of the Judiciary in Handling Counterterrorism Cases within a Rule of Law Framework.” The conference was held in Washington, D.C. on Nov. 14-15 and sponsored by the U.S. Department of State and U.S. Judicial Conference Committee on International Judicial Relations. The conference was attended by judges from around the world, including Algeria, Bangladesh, Canada, China, France, Indonesia, Israel, Jordan, Kenya, Malaysia, Morocco, The Netherlands, Niger, Nigeria, Pakistan, Saudi Arabia, Turkey, and the United States.

Counterterrorism: GCTF Seminar on the Judiciary in Handling Counterterrorism Cases within a Rule of …