Law Commons^™

All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez

Georgia Journal of International & Comparative Law

No abstract provided.

The Catholic Law School And Constitutional Self-Government, The Honorable Diarmuid F. O'Scannlain

Brendan F. Brown Lecture Series

Judge O’Scannlain’s address posited that America’s approximately two dozen Catholic-affiliated law schools fulfill a critically important role in legal education, helping to form the character and intellect of future generations of lawyers while addressing questions of law, jurisprudence and constitutional self-government though the distinct lens of the Catholic intellectual tradition. The application of jurisprudence that is untethered to natural law—defined by the judge as a set of principles that derive from a comprehensive view of man’s purpose and destiny—risks subjecting human life, in his view, to “irresponsible, value-neutral notions of freedom” that poorly serve society as a whole. For that …

Don't Fear The Leaker: Thoughts On Bureaucracy And Ethical Whistleblowing, Glenn Harlan Reynolds

Scholarly Works

In this brief Essay, I argue that rather than trying to eliminate leaks entirely, which experience demonstrates is impossible, we should instead try to channel leaks so that they provide the maximum benefit to transparency while reducing risks to national security and other secrecy concerns. I also offer some preliminary suggestions about how to accomplish this goal.

Volume 88, Issue 2 (2014)

Obiter Dicta

No abstract provided.

Vol. 47, No. 03 (September 15, 2014)

Indiana Law Annotated

No abstract provided.

Charitable Giving, Tax Expenditures, And Direct Spending In The United States And The European Union, Lilian Faulhaber

Faculty Scholarship

This Article compares the ways in which the United States and the European Union limit the ability of state-level entities to subsidize their own residents, whether through direct subsidies or through tax expenditures. It uses four recent charitable giving cases decided by the European Court of Justice (ECJ) to illustrate the ECJ’s evolving tax expenditure jurisprudence and argues that, while this jurisprudence may suggest a new and promising model for fiscal federalism, it may also have negative social policy implications. It also points out that the court analyzes direct spending and tax expenditures under different rubrics despite their economic equivalence …

The Historic Role Of Boards Of Health In Local Innovation: New York City’S Soda Portion Case, Lawrence O. Gostin, Belinda H. Reeve, Marice Ashe

Georgetown Law Faculty Publications and Other Works

Childhood and adult obesity pose major risks for cancer, diabetes, and cardiovascular disease, with the poor and racial minorities suffering from disproportionately high burdens of obesity and chronic disease. With current policies failing, cities and states have moved forward with creative prevention measures–-with boards of health driving policy innovation in many local jurisdictions. The New York City Board of Board of Health’s (NYCBH) soda portion limit pushed the boundaries of innovation, but was struck down on June 26, 2014 by New York State’s highest court, which held that the Board trespassed on the City Council’s authority.

The Court’s decision ignored …

September 14, 2014: Chasing Moderates In Syria, Bruce Ledewitz

Hallowed Secularism

Blog post, “Chasing Moderates in Syria“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Real Jail For Wow-Crimes?, Sam Castree

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Recently, a British politician suggested that theft of virtual items in online games should be punished like real theft. Mike Weatherley – by day the chief adviser on intellectual property to the Prime Minister, by night a mighty hero of Azeroth in the MMORPG World of Warcraft – asked the British Minister of State for Justice to propose legislation “to ensure that cyber criminals who steal online items in video games with a real-world monetary value received the same sentences as criminals who steal real-world items of the same monetary value.” So if you steal an in-game magic item worth …

Brief Of Professors At Law And Business Schools As Amici Curiae In Support Of Respondents, Omnicare, Inc., Et Al., Petitioners, V. Laborers District Council Construction Industry Pension Fund, Et Al., Respondents, No. 13-435 (S. Ct. Sept. 2, 2014), Joan Macleod Heminway, J. Robert Brown, Celia Taylor, Lyman P.Q. Johnson

Scholarly Works

This Amicus Brief was filed on behalf of more than 20 law and business faculty in a case arising under Section 11 of the Securities Act of 1933. The issue framed by the parties sought to define the test for establishing the falsity of an opinion that was not subjectively believed. The statement at issue involved representations that contracts were legally valid. The Brief took the position that the statement was not an opinion. A representation about the legal validity of contracts, like other matters of present fact, can be false on the date made. Nonetheless, a speaker may express …

Brief Of Education Law And Educational Measurement Professors As Amici Curiae In Support Of Plaintiffs-Appellants, Cook V. Stewart, Scott R. Bauries, Brian J. Sutherland, Cheryl B. Legare

Law Faculty Advocacy

This appeal, to be decided by the United States Court of Appeals for the 11th Circuit, challenges two egregious misuses of "value-added modeling," a controversial teacher evaluation method that attempts to isolate the affect of one teacher on the learning gains of that teacher's students, as derived from annual standardized test scores. With the approval of the State Appellees, the School District Appellees used the test scores of students who took the Florida Comprehensive Assessment Test in reading and math to evaluate the teaching performance of teachers who either did not teach these students at all, or did not teach …

Virus Sharing, Genetic Sequencing, And Global Health Security, Lawrence O. Gostin, Alexandra Phelan, Michael A. Stoto, John D. Kraemer, K. Srinath Reddy

Georgetown Law Faculty Publications and Other Works

The WHO’s Pandemic Influenza Preparedness (PIP) Framework was a milestone global agreement designed to promote the international sharing of biological samples to develop vaccines, while that ensuring poorer countries would have access to those vaccines. Since the PIP Framework was negotiated, scientists have developed the capacity to use genetic sequencing data (GSD) to develop synthetic viruses rapidly for product development of life-saving technologies in a time-sensitive global emergency—threatening to unravel the Framework. Access to GSD may also have major implications for biosecurity, biosafety, and intellectual property (IP).

By rendering the physical transfer of viruses antiquated, GSD may also undermine the …

Lawyers As Leaders, William & Mary Law School

One-Time Conferences: Programs

Held on September 12, 2014 at William & Mary Law School.

Sponsored by William & Mary Law School:

• Office of the Dean
• Office of Development & Alumni Affairs
• Office of Career Services
• The William & Mary Journal of Women & the Law
• The William & Mary Business Law Review
• William & Mary Women’s Law Society
• William & Mary Business Law Society
• Venture Capital and Entrepreneurship Legal Society (ViCE)
• George Wythe Society

To Comply Or Not To Comply? Brazil's Relationship With The Hague Convention On The Civil Aspects Of International Child Abduction, Amanda M. Waide

Georgia Journal of International & Comparative Law

No abstract provided.

Toward A United Ireland? The Northern Ireland Peace Process And The Devolution Of Powers From London To Belfast, Matthew G. Rooks

Georgia Journal of International & Comparative Law

No abstract provided.

Three's A Crowd: Examining Georgia's Options In The Tri-State Water Wars Under Principles Of International Law, Eva M. Lamanna

Georgia Journal of International & Comparative Law

No abstract provided.

Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley

Georgia Journal of International & Comparative Law

No abstract provided.

The World Health Organization's Framework Convention On Tobacco Control: An Analysis Of Guidelines Adopted By The Conference Of The Parties, Sam F. Halabi

Georgia Journal of International & Comparative Law

No abstract provided.

Twenty-One Theses On The Legal Legacy Of The French Revolution In Latin America, Dante Figueroa

Georgia Journal of International & Comparative Law

No abstract provided.

Defining The Battlefield In Contemporary Conflict And Counterterrorism: Understanding The Parameters Of The Zone Of Combat, Laurie R. Blank

Georgia Journal of International & Comparative Law

No abstract provided.

"Disillusioned Words Like Bullets Bark": Incitement To Genocide, Music, And The Trial Of Simon Bikindi, Robert H. Snyder

Georgia Journal of International & Comparative Law

No abstract provided.

Amending The Philippines' Laws Governing Foreign Property Ownership: The Extent To Which Mexican Law Can Serve As A Workable Template?, Joanna Smith

Georgia Journal of International & Comparative Law

No abstract provided.

Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders

Georgia Journal of International & Comparative Law

No abstract provided.

One Step Forward, Two Steps Back: The Central American Free Trade Agreement And The Environment, Nathaniel Hemmerick Hunt

Georgia Journal of International & Comparative Law

No abstract provided.

The State Of International Law: Some Reflections On The Judgment Of The International Court Of Justice In The Genocide Case And On The Contributions Of Professor Louis Sohn, Gudmundur Eiriksson

Georgia Journal of International & Comparative Law

No abstract provided.

Spain's Expanded Universal Jurisdiction To Prosecute Human Rights Abuses In Latin America, China, And Beyond, Mugambi Jouet

Georgia Journal of International & Comparative Law

No abstract provided.

Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby

Georgia Journal of International & Comparative Law

No abstract provided.

Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson

Georgia Journal of International & Comparative Law

No abstract provided.

From Mandela And Mlk To Beecom And The Sba: Laying The Groundwork For Equality Through Business Development Programs In South Africa And The United States, Daniel M. Ludlam

Georgia Journal of International & Comparative Law

No abstract provided.

Ready Or Not, Here Comes Dr-Cafta: Comparing The Right Of Association In Mexico, Guatemala, And El Salvador, Laura Glass-Hess

Georgia Journal of International & Comparative Law

No abstract provided.