Law Commons^™

The Strategic And Discursive Contributions Of The Max Planck Principles For Intellectual Property Provisions In Bilateral And Regional Agreements, Peter K. Yu

Faculty Scholarship

In June 2013, the Max Planck Institute for Intellectual Property and Competition Law released its Principles for Intellectual Property Provisions in Bilateral and Regional Agreements. Drafted by the Institute’s directors and research fellows in collaboration with a team of outside experts, this document seeks to facilitate the development of "international rules and procedures that can achieve a better, mutually advantageous and balanced regulation of international [intellectual property]."

This essay discusses the important contributions the Principles have made at both the strategic and discursive levels. It situates these two sets of contributions in the context of the ongoing challenges confronting the …

John William Wallace (February 17, 1815-January 12, 1884): An Appreciation Upon The Two Hundredth Anniversary Of His Birth, Joel Fishman

Law Faculty Publications

In 2015 we celebrated the two hundredth anniversary of the birth of John William Wallace-librarian, court reporter, historian-who was born February 17, 1815 in Philadelphia and died on January 12, 1884. Known mostly as a reporter for the U.S. Supreme Court, this short biography tries to expand on some of the other accomplishments of his life. He was the son of John Bradford Wallace and Susan Binney, sister of the eminent Philadelphia lawyer, Horace Binney and descendant of the two famous printers in Pennsylvania, two William Bradfords in colonial Pennsylvania. Wallace studied law in his father's office and John Sergeant. …

Confronting Totalitarianism At Home: The Roots Of European Privacy Protections, Hannah Bloch-Wehba

Faculty Scholarship

In the last several years, a consensus has developed that a wide gulf exists between European and American privacy law, although division still exists on whether European law is “more protective” or simply “home to different intuitive sensibilities” than American law. Existing research on the development of European privacy law has focused on two areas: nineteenth-century traditions of honor and dueling, which gave rise to a concept of privacy linked to dignity, and the totalitarian dictatorships of the twentieth century, in reaction to which privacy protected liberty. This Article offers a contrasting view by showing that European privacy law in …

The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz

Faculty Scholarship

Decades after passage of the historic Voting Rights Act, so much has changed. And yet, so much remains the same.

Racial minorities are registering to vote and turning out at the ballot box in record numbers. However, they remain under-represented in local elected positions and virtually excluded from national and state political office. Latinos, for example, are the largest racial minority in the U.S. at approximately 17% of the population, but only 3.3% of elected offices are held by Latinos. In states that until recently were covered by the Voting Rights Act (VRA), such as Texas, Alabama, Mississippi, and Louisiana, …

Coercing Assimilation: The Case Of Muslim Women Of Color, Sahar F. Aziz

Faculty Scholarship

Today, I have been asked to address the domestic context of civil rights issues facing Muslim women in the United States. Admittedly, examining the experiences of Muslim American women is a risky endeavor because they are such a diverse group of women ethnically, racially, socio-economically, and religiously in terms of their levels of religiosity. Hence, I acknowledge the risk of essentializing, despite my best efforts to recognize the individual agency of each Muslim woman.

This lecture is based on a larger project that examines the myriad ways Muslim women are adversely affected by their intersectional identities, and how it impacts …

The Unconstitutional Use Of Restraints In Removal Proceedings, Fatma E. Marouf

Faculty Scholarship

Although ICE's shackling practices vary across the country, in at least some jurisdictions ICE has exercised its authority under the 1988 Memorandum to indiscriminately shackle all detainees. The exact extent of this practice is unknown, but recent litigation suggests that it is not uncommon. In fact, such litigation indicates that ICE has indiscriminately shackled detainees even in courtrooms located outside of detention facilities, such as the San Francisco Immigration Court. Consequently, detained noncitizens frequently appear in immigration court looking like criminals, wearing orange jumpsuits, handcuffs, leg irons, and belly chains, even though there has been no individualized determination that they …

Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act, Wayne R. Barnes

Faculty Scholarship

In a typical construction project, an owner contracts with a general contractor to construct improvements or make repairs to real property. The owner agrees to pay a total contract price for the work. Often, the general contractor then contracts with subcontractors, laborers, materialmen, and other suppliers to do aspects of the job. These are part of the contractor’s costs to do the work for owner, and the expectation is that the contractor will pay his subcontractors and laborers from the money received from the owner. All too frequently, unfortunately, contractors receive the payment from the owner and then do not …

A Free Start: Community-Based Organizations As An Antidote To The Mass Incarceration Of Women Pretrial, Amber Baylor

Faculty Scholarship

In 1973, the feminist newsmagazine Off Our Backs featured a segment on women in jail awaiting trial in Washington, D.C. Many of the women faced minor charges, such as soliciting prostitution, but remained in detention because they could not afford to pay even very low amounts of monetary bail. The magazine interviewed Myrna Raeder, then a fellow at Georgetown, and other attorneys involved in a class action suit against D.C. corrections, who argued that low-income women were unjustly subjected to the punitive effects of pretrial detention, in violation of their due process rights. Raeder reported to the newsmagazine, “as a …

Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor

Faculty Scholarship

This year the Supreme Court denied certiorari to Cecelia Cathleen Rodriguez, a 61- year old woman from Oklahoma sentenced to life in prison. Her crime was theft of two purses from a department store. Ms. Rodriguez hoped that the Supreme Court would see fit to upend her conviction or declare her sentence excessive. Ms. Rodriguez's family reported to the state court that she has struggled with heroin addiction since the 1960s, leading to numerous arrests on petty charges. The majority of her extensive record was composed of petty thefts, drug possession, and other nonviolent offenses. The stolen bags in this, …

Enriching Online Classroom Discussion (2015), Christopher Bevard

Faculty White Papers

No abstract provided.

Justifying India's Patent Position To The United States International Trade Commission And Office Of The United States Trade Representative, Srividhya Ragavan, Sean Flynn, Brook Baker

Faculty Scholarship

The paper below largely is an extract of the testimonial filed by the authors to the Secretary of the ITC in response to the Notice on the Federal Register dated August 29, 2013 titled Trade, Investment, and Industrial Policies in India: Effects on the U.S. Economy. Where required, the paper also draws from the written submissions that the authors made to the United States Trade Representative’s (hereinafter, USTR) office on the related question of whether India deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property …

Standards Of Legitimacy In Criminal Negotiations, Wesley M. Oliver, Rishi Batra

Law Faculty Publications

Scholarship on negotiation theory and practice is rich and well-developed. Almost no work has been done, however, to translateto the criminal context the lessons learned about negotiationfrom extensive empirical study using the disciplines of econom-ics, game theory, and psychology. This Article suggests that de-fense lawyers in criminal negotiations can employ toolsfrequently useful to negotiators in other arenas: neutral criteria as a standard of legitimacy. Judges sometimes exercise a type of discretion analogous to prosecutorial discretion. When they do so, they offer an independent, reasoned, and publicly available assessment of the factors that a prosecutor ought to consider in deciding whether …

Charles Lindergh, Caryl Chessman, And The Exception Proving The (Potentially Waning) Rule Of Broad Prosecutorial Discretion, Wesley M. Oliver

Law Faculty Publications

Perhaps ever since legislatures started defining crimes, they have given prosecutors a variety of ways to prosecute the same conduct. Courts have, almost without exception, deferred to legislatures' broad definitions of crime. Kidnapping statutes are the exception. The high profile execution of Caryl Chessman in 1960 for kidnapping prompted considerable scholarly criticism and prompted courts nationwide to impose limiting constructions on kidnapping statutes. Recently, scholars have called for a curb in prosecutorial discretion generally, attributing the explosion in the prison population to broad criminal codes, mandatory minimums, and sentencing guidelines that provide prosecutors leverage in plea negotiations. In the last …

Immigrant Labor In Fish Processing In The Pacific Northwest And British Columbia And Current Undocumented Labor, Adi D. Salinas Ferreira

Pomona Senior Theses

The beginning of industrialized fish processing plants reveals themes of labor exploitation, racial and gender segregation, and antagonistic legislation that have continued well into the present. Today in the Pacific North West, the majority of workers are Latino and many among them are undocumented or DACAmented. Many aspects of the work conditions in salmon canneries back in the late 1800’s to the mid 1900’s and the work conditions in present day fish processing plants have not changed. Many jobs in a fish processing plant remain gendered, and when there is more than one race working in a single plant racial …

Foreword

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Halliburton And The Integrity Of The Public Corporation, James J. Park

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Future Of Price Distortion In Federal Securities Fraud Litigation, Jill E. Fisch

Duke Journal of Constitutional Law & Public Policy

In its recent Halliburton decision, the Supreme Court focused on the role of price distortion in meeting the requirements for class certification in private securities fraud litigation. Accepting the argument that the fraud-on-the-market theory requires fraudulent information to have an effect on stock price, the Court reasoned that defendants should therefore be allowed to introduce evidence of lack of price impact in an effort to defeat class certification. Specifically, the Court suggested that defendants might introduce event studies as direct evidence that could sever the link between the misrepresentation and stock price.

This conclusion, however, misapprehends the event study methodology. …

Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James W. Diehm

University of Florida Journal of Law & Public Policy

No abstract provided.

Accountable Care Organizations: Realigning The Incentive Problems In The U.S. Health Care System, Nicholas Hodges

University of Florida Journal of Law & Public Policy

No abstract provided.

Regulating For The First Time The Decision To Grant Consumer Credit: A Look At The First Steps Taken By The United States And Australia, Jeffrey Davis

University of Florida Journal of Law & Public Policy

No abstract provided.

Redefining Professionalism, Rebecca Roiphe

University of Florida Journal of Law & Public Policy

No abstract provided.

The Role Of Climate Change Science And Standing In Climate Change Cases: Analysis And Implications, Susan M. Johns

University of Florida Journal of Law & Public Policy

No abstract provided.

Medical Advice And Vaccinating: What Liability?, Amanda Naprawa, Dorit Reiss

University of Florida Journal of Law & Public Policy

No abstract provided.

Courts' Elusive Search For The Meaning Of Intellectual Disability For Evaluating Atkins Claims, Susan Unok Marks

University of Florida Journal of Law & Public Policy

No abstract provided.

Edvard Much's "The Scream" Screams For Droit De Suite: Why Congress Should Enact A Federal Droit De Suite Statute Governing Artists' Resale Rights In The United States, Jacqueline Pasharikov

University of Florida Journal of Law & Public Policy

No abstract provided.

State Sanctioned Identity Theft: Why Personal Information Contained Within A Homeless Management Information System May Be Subject To Disclosure Under Florida's Public Records Laws, Michael S. Thomas

University of Florida Journal of Law & Public Policy

No abstract provided.

Masthead, Cardozo Journal Of Law & Gender, Vol. 22 (2015–16)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

A Bribe New World: The Federal Government Gets Creative In Chasing Foreign Officials For Taking Bribes, Jorge Mestre

University of Florida Journal of Law & Public Policy

No abstract provided.

"When Fire Breaks Out": Recognizing The Inherently Dangerous Activity Of Prescribed Burning In Florida, Miguel Collazo Iii, D. Kent Safriet

University of Florida Journal of Law & Public Policy

No abstract provided.