Law Commons^™

The Computer Fraud And Abuse Act: An Attractive But Risky Alternative To Texas Trade Secret Law., Paul Hanna, Matthew Leal

St. Mary's Law Journal

Abstract Forthcoming.

Mandamus Review Of The Granting Of The Motion For New Trial: Lost In The Thicket., Richard E. Flint

St. Mary's Law Journal

A trial court’s broad discretion in granting a new trial has been one of the mainstays of Texas jurisprudence since early statehood. Historically, this discretion was not subject to review through the ordinary appellate processes. This principle remains inviolate today, as the granting of a new trial is an interlocutory order from which the appellate courts of Texas do not have jurisdiction. Furthermore, the use of an original mandamus proceeding to compel a trial court to set aside the granting of a new trial has had only limited application. However, in response to the case of In re Columbia Medical …

A Guide To Properly Using And Responding To Requests For Admission Under The Texas Discovery Rules., Robert K. Wise, Katherine Hendler

St. Mary's Law Journal

This article’s purpose is to provide a guide for properly using and responding to requests for admission under the Texas discovery rules. Requests for admission are an extremely effective discovery tool when used and responded to properly. Their use can save litigants considerable time and expense by eliminating and narrowing the issues involved in the cause of action. Often misunderstood, requests for admission are perhaps the least used of the major discovery devices available to litigants. Even though requests for admission have the potential to eliminate unnecessary proof at trial, streamline discovery and motion practice, and reduce pretrial and trial …

A Statute Overtaken By Time: The Need To Reinterpret Federal Rule Of Evidence 803(8)(A)(Iii) Governing The Admissibility Of Expert Opinions In Government Investigative Reports., Edward J. Imwinkelried

St. Mary's Law Journal

Abstract Forthcoming.

The Accommodation Doctrine Revisited: Implications In Law And In Policy., Courtney R. Potter

St. Mary's Law Journal

Abstract Forthcoming.

The Judge And The Drone, Justin Deystone

Publications

Among the most characteristic issues in modern jurisprudence is the distinction between adjudication and legislation. In the some accounts, a judge's role in deciding a particular controversy is highly constrained and limited to the application of preexisting law. Whereas legislation is inescapably political, adjudication requires at least some form of impersonal neutrality. In various ways over the past century, theorists have pressed this conventional account, complicating the conceptual underpinnings of the distinction between law-application and lawmaking. This Article contributes to this literature on the nature of adjudication through the resuscitation of a structuralist mode of legal interpretation. In the structuralist …

Machine Learning And Law, Harry Surden

Publications

This Article explores the application of machine learning techniques within the practice of law. Broadly speaking “machine learning” refers to computer algorithms that have the ability to “learn” or improve in performance over time on some task. In general, machine learning algorithms are designed to detect patterns in data and then apply these patterns going forward to new data in order to automate particular tasks. Outside of law, machine learning techniques have been successfully applied to automate tasks that were once thought to necessitate human intelligence — for example language translation, fraud-detection, driving automobiles, facial recognition, and data-mining. If performing …

Same-Sex Marriage, Federalism, And Judicial Supremacy, Robert F. Nagel

Publications

Justice Kennedy's opinion in United States v. Windsor is characterized by a number of strained and wavering constitutional claims. Prominent among these is the argument that the principle of federalism calls into question the congressional decision to adopt the traditional definition of marriage, which the state of New York rejected. An examination of earlier federalism cases demonstrates that Kennedy's appreciation for federalism is in fact severely limited and suggests and that his lax use of legal authority is directly if perversely related to this limited appreciation.

Federalism cases prior to Windsor show that Justice Kennedy supports state authority only when …

The Accidental Archivists: Lessons Learned From A Digital Archive Project, Robert Linz, Karen Selden, Georgia Briscoe

Publications

This article tells the story of the University of Colorado Law Library’s successful effort to develop its first digital archive. The sudden death of the Law School’s Dean was the catalyst for this project, with a goal to unveil the archive at a memorial symposium scheduled nine months in the future. The Law Library staff had never tackled a project of this type or scale before. This article discusses the technological, cataloging and management issues which were encountered during the project. It also provides advice and tips on how librarians in their own institutions can accomplish such a project.

Workers Disarmed: The Campaign Against Mass Picketing And The Dilemma Of Liberal Labor Rights, Ahmed A. White

Publications

In the late 1930s and early 1940s, mass picketing, characterized by large numbers of workers congregating in common protest at or near their employers' establishments, emerged as a crucial weapon in a historic campaign by American workers to realize basic labor rights and build an enduring labor movement in the face of strident resistance from a powerful business community. So potent a weapon did mass picketing prove that these business interests, aided by allies at all levels of government, moved quickly to ban the tactic. From the real-world complexities of labor conflict, this coalition forged a simplistic, analytically dubious, but …

Health Care, Title Vi, And Racism's New Normal, Dayna Bowen Matthew

Publications

No abstract provided.

Constitutional Concern, Membership, And Race, Sarah Krakoff

Publications

American Indian Tribes in the United States have a unique legal and political status shaped by fluctuating federal policies and the over-arching history of this country’s brand of settler-colonialism. One of the several legacies of this history is that federally recognized tribes have membership rules that diverge significantly from typical state or national citizenship criteria. These rules and their history are poorly understood by judges and members of the public, leading to misunderstandings about the “racial” status of tribes and Indian people, and on occasion to incoherent and damaging decisions on a range of Indian law issues. This article, which …

Sustainability Policy’S Inherent Dilemmas – Exemplified Via Critical Examination Of The Las Vegas Metropolitan Sustainability Campaign, Kathryn A. Zimmerman

All Master's Theses

In response to a dual problem of critical water scarcity and rapid population growth, leaders of metropolitan Las Vegas implemented a region-wide, internationally marketed sustainability campaign. Preliminary studies found that, while sustainability policy attains its rhetorical goals, solutions initiated not only perpetuate but also purposefully expand the original dual problem to justify continuous water resource acquisitions. To examine this sustainability conundrum constructed by leadership—problem-perpetuation rather than problem-resolution—a critical examination in resource management asked two basic questions: what is being sustained and by what means? Via this inquiry, specific processes by which leaders perpetuate problems can be identified; and, so-informed, new …

Torn Between Two Selves: Should Law Care More About Experiencing Selves Or Remembering Selves, Peter Huang

SMU Science and Technology Law Review

No abstract provided.

Laws Of Nature Versus Man Made Creations: A Balancing Approach To Patent Eligibility In Association For Molecular Pathology V. Myriad Genetics, Inc., Salina Tariq

SMU Science and Technology Law Review

No abstract provided.

Examples & Explanations: Secured Transactions 6th Edition, James Brook

Books

This workbook is designed to give you an organized way of working through various sections, definitions, concepts, and controversies that make up the modern law of secured transactions as rendered in Article 9 of the Uniform Commercial Code.

The unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as …

Corporate Finance (Hornbook Series) (2014), Jeffrey J. Haas

Books

This Hornbook is an indispensable resource for both legal practitioners focusing on business and finance as well as students taking classes in business associations, corporate finance and mergers and acquisitions. The book expertly lays out the fundamentals of corporate finance from a legal and business perspective in a manageable, user-friendly manner. The author highlights how accounting, finance and corporate law intersect and operate synergistically. The book provides an in-depth analysis of how the law affects both equity securities (common stock and preferred stock) and debt securities (bonds, debentures and notes), as well as a company’s capital structure generally.

Law, Culture And Visual Studies, Richard K. Sherwin

Books

This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual.

This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law’s representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal …

Judging Similarity, Shyamkrishna Balganesh, Irina D. Manta, Tess Wilkinson-Ryan

Faculty Scholarship

Copyright law’s requirement of substantial similarity requires a court to satisfy itself that a defendant’s copying, even when shown to exist as a factual matter, is quantitatively and qualitatively enough to render it actionable as infringement. By the time a jury reaches the question of substantial similarity, however, the court has usually heard and analyzed a good deal of evidence about: the plaintiff, the defendant, the creativity involved, the process through which the work was created, the reasons for which the work was produced, the defendant’s own creative efforts and behavior, and, on occasion, the market effects of the defendant’s …

Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla

Claremont-UC Undergraduate Research Conference on the European Union

This paper explores the relationship between international war crimes tribunals and reconciliation in post-conflict societies. The aim of the present study was to examine how the role of international war crimes tribunals has changed in the peacebuilding process since the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding in post-conflict societies. The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first international tribunal with a mandate to contribute to international peace and security. The …

Unfriendly Unilateralism, Monica Hakimi

Faculty Scholarship

This Article examines a category of conduct that I call “unfriendly unilateralism.” One state deprives another of a benefit (unfriendly) and, in some cases, strays from its own obligations (noncompliant), outside any structured international process (unilateral). Such conduct troubles many international lawyers because it looks more like the nastiness of power politics than like the order and stability of law. Worse, states can abuse the conduct to undercut the law. Nevertheless, international law tolerates unfriendly unilateralism for enforcement. A victim state may use unfriendly unilateralism against a scofflaw in order to restore the legal arrangement that existed before the breach. …

A Little Bit Of Laches Goes A Long Way: Notes On Petrella V. Metro-Goldwyn-Mayer, Inc., Samuel L. Bray

Vanderbilt Law Review En Banc

No abstract provided.

Defining “Production In Paying Quantities”: A Survey Of Habendum Clause Cases Throughout The United States, Jessica E. Mcdonald, Zachary M. Wallen

North Dakota Law Review

No abstract provided.

Some Advice On Bice, North Dakota’S Marketable-Product Decision, John Burritt Mcarthur

North Dakota Law Review

No abstract provided.

Oil And Gas Litigation Update For The North Dakota State Courts, Mark D. Christiansen

North Dakota Law Review

No abstract provided.

U.S. Judicial Independence: Victim In The “War On Terror” , Wayne Mccormack

Washington and Lee Law Review

No abstract provided.

Innovation In Teaching Llcs: Introduction, Lyman P.Q. Johnson

Washington and Lee Law Review

No abstract provided.

Indistinguishable From Magic: A Wizard’S Guide To Copyright And 3d Printing, James Grimmelmann

Washington and Lee Law Review

No abstract provided.

Comment: Knowledge Circles And The Duty Of Care, Jill M. Fraley

Washington and Lee Law Review

No abstract provided.

Evaluating Trickle Down Charity, Matthew Rossman

Faculty Publications

As our nation's philanthropic sector becomes more entrepreneurial, ambitious and influenced by the private sector, longstanding legal standards on what constitutes “charity” struggle to stay relevant. More and more often, organizations that seek classification by the Internal Revenue Service as a Section 501(c)(3) charity (and the substantial public subsidy that this status unlocks) are not the soup kitchens and homeless shelters of yesteryear, but highly sophisticated ventures which accomplish their missions in ways that are less obviously charitable. In no case is this more true than in the recent widespread emergence of nonprofit organizations whose primary activity is providing direct …