Law Commons^™

Rethinking America's Grand Strategy: Insights From The Cold War, Hal Brands

The US Army War College Quarterly: Parameters

No abstract provided.

Landpower And American Credibility, Michael Allen Hunzeker, Alexander Lanoszka

The US Army War College Quarterly: Parameters

No abstract provided.

America's All Volunteer Force: A Success?, Louis G. Yuengert

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria

The US Army War College Quarterly: Parameters

No abstract provided.

The 'War' In Russia's 'Hybrid Warfare', Andrew Monaghan

The US Army War College Quarterly: Parameters

No abstract provided.

The Utility Of Nuclear Weapons Today: Two Views, José De Arimatéia Da Cruz

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Winter 2015 Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Will Army 2025 Be A Military Profession?, Don M. Snider

The US Army War College Quarterly: Parameters

No abstract provided.

“To Assemble Together For Their Common Good”: History, Ethnography, And The Original Meanings Of The Rights Of Assembly And Speech, Saul Cornell

Fordham Law Review

    The Whiskey Rebellion is not generally a major focus in constitutional histories or casebooks. Given this fact, it is hardly surprising that the 1795 case Respublica v. Montgomery seldom figures as more than a minor footnote in scholarly writing about early American constitutional development, if it receives any attention at all. The case has little precedential value for modern First Amendment doctrine and only obliquely implicates larger jurisprudential questions about the rights of assembly and freedom of expression. In strictly doctrinal terms, Montgomery is primarily about the obligation of a justice of the peace to put down a riot, not …

Pay The Troll Toll: The Patent Troll Model Is Fundamentally At Odds With The Patent System's Goal Of Innovation And Competition, Grace Heinecke

Fordham Law Review

    Patent litigation has multiplied sixfold since the 1980s, with the last few years seeing an unprecedented number of patent lawsuits. When an inventor receives a patent, the U.S. Constitution grants him a monopoly for a limited number of years to reward him for his investment of time and resources and to incentivize him to continue innovating, which ultimately benefits society. However, the emergence of a litigious character, deemed the “patent troll,” has led to the patent system’s hindrance of innovation, a result that is at odds with the primary goal of patent law. Patent trolls exploit weaknesses in the patent …

Tortured Language: Lawful Permanent Residents And The 212(H) Waiver, Julianne Lee

Fordham Law Review

    Recent amendments to the Immigration and Nationality Act have greatly expanded the grounds for removal of lawful permanent residents (LPRs) and, at the same time, constricted judicial review of agency decisions to deport immigrants. Language added to the 212(h) waiver of inadmissibility has increased the number of LPRs that are now ineligible for relief from removal by barring certain LPRs from applying for a waiver if, since the date of their admission, they have committed an aggravated felony or have failed to accrue seven years of continuous presence. The controversy discussed in this Note stems from differing interpretations of this …

Equity Crowdfunding: A Market For Lemons?, Darian M. Ibrahim

Faculty Publications

No abstract provided.

The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus

Faculty Publications

No abstract provided.

Google Glass While Driving, Adam M. Gershowitz

Faculty Publications

Is it legal to use Google Glass while driving? Most states ban texting while driving and a large number also forbid drivers from being able to see television and video screens. But do these statutes apply to Google Glass? Google advises users to check their states’ law and to “[r]ead up and follow the law!” Yet, laws designed for a tangible world are very difficult to apply to virtual screens projected by futuristic wearable technology. In short order, however, police and prosecutors across the country will be called upon to apply outdated distracted driving laws to Google Glass.

This article …

Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Table Of Contents, Antonio Medina-Rivera Ph.D, Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Taking A Stand On Standing: The Third Circuit Widens The Circuit Split By Narrowing Private Antitrust Standing Under The "Consumer-Or-Competitor" Test, Elizabeth Giordano

Villanova Law Review (1956 - )

No abstract provided.

Bragging Rights Restored: The Third Circuit Allows Attorneys To Quote Complimentary Remarks From Judicial Opinions For Advertising In Dwyer V. Cappell, Nicole Holden

Villanova Law Review (1956 - )

No abstract provided.

Arbitration Agreement Arbitrage?: Statutory Discrepancy Leads To Third Circuit Victory For Dodd-Frank Whistleblower Defendants In Khazin V. Td Ameritrade Holding Corp., John K. Lisman

Villanova Law Review (1956 - )

No abstract provided.

An "Officer" And A G[Old]Man: The Third Circuit Finds Ambiguous Corporate Titles Jeopardize Right To Advancement Under Delaware Law In Aleynikov V. Goldman Sachs Group, Inc., Carina M. Meleca

Villanova Law Review (1956 - )

No abstract provided.

If At First You Don't Succeed, Try, Try, Try Again: The Third Circuit Strikes Down Prevailing Wage Rule Once More In Comite De Apoyo A Los Trabajadores Agricolas V. Perez, Sara Moyer

Villanova Law Review (1956 - )

No abstract provided.

Undocumented Migrants As New (And Peaceful) American Revolutionaries, Daniel Morales

College of Law Faculty

This essay situates undocumented migrants in the history of the American revolutionary period. The lawbreaking of both groups produced constructive legal and social change. For example, the masses of American revolutionaries and many of their leading men fought to rid the colonies of hereditary aristocracy. Colonists had come to cherish the proto-meritocracy that had bloomed on colonial shores and rankled at local evidence of aristocratic privilege, like the Crown’s grant of landed estates to absentee English aristocrats.Today’s equivalent hereditary aristocracy is the citizenry of wealthy democracies like the United States. Hereditary citizens use immigration restrictions to reserve the wealth and …

Privacy As A Public Good, Joshua A. T. Fairfield, Christoph Engel

Duke Law Journal

Privacy is commonly studied as a private good: my personal data is mine to protect and control, and yours is yours. This conception of privacy misses an important component of the policy problem. An individual who is careless with data exposes not only extensive information about herself, but about others as well. The negative externalities imposed on nonconsenting outsiders by such carelessness can be productively studied in terms of welfare economics. If all relevant individuals maximize private benefit, and expect all other relevant individuals to do the same, neoclassical economic theory predicts that society will achieve a suboptimal level of …

Journal Staff

Duke Law Journal

No abstract provided.

Beyond Bitcoin: Issues In Regulating Blockchain Transactions, Trevor I. Kiviat

Duke Law Journal

The buzz surrounding Bitcoin has reached a fever pitch. Yet in academic legal discussions, disproportionate emphasis is placed on bitcoins (that is, virtual currency), and little mention is made of blockchain technology—the true innovation behind the Bitcoin protocol. Simply, blockchain technology solves an elusive networking problem by enabling “trustless” transactions: value exchanges over computer networks that can be verified, monitored, and enforced without central institutions (for example, banks). This has broad implications for how we transact over electronic networks.

This Note integrates current research from leading computer scientists and cryptographers to elevate the legal community’s understanding of blockchain technology and, …

Rethinking Janus: Preserving Primary-Participant Liability In Sec Antifraud Enforcement Actions, Greg Gaught

Duke Law Journal

The Securities and Exchange Commission relies heavily on the securities laws’ antifraud provisions in fulfilling its role as watchdog of the U.S. securities markets. But the Supreme Court’s decision in Janus Capital Group, Inc. v. First Derivative Traders has frustrated the SEC’s efforts to keep fraud at bay. There the Court drastically narrowed the scope of actors who can qualify as primary participants in misrepresentations perpetrated in connection with the purchase or sale of securities under Rule 10b-5(b). This Note argues that Janus’s holding creates an incongruence in the SEC’s ability to enforce the securities laws’ misrepresentation provisions, with …

Predicting Outcomes In Investment Treaty Arbitration, Susan D. Franck, Lindsey E. Wylie

Duke Law Journal

Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …

The Foreign Corrupt Practices Act: Judicial Review, Jurisdiction, And The “Culture Of Settlement”, Ezekiel K. Rediker

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Animal Politics: Money, Power, And The Endangered Species Act, Edward J. Armellino

Seton Hall Journal of Legislation and Public Policy

No abstract provided.