Law Commons^™

Makeup Dupes And Fair Use, Samantha Primeaux

American University Law Review

No abstract provided.

Data Localization The Unintended Consequences Of Privacy Litigation, H Jacqueline Brehmer

American University Law Review

No abstract provided.

A Half-Century Of Scholarship On The Chinese Intellectual Property System, Peter K. Yu

American University Law Review

No abstract provided.

2017 Government Contract Law Decisions Of The Federal Circuit, Dennis J. Callahan, Lauren B. Kramer, Lucas T. Hanback, Stephen L. Bacon

American University Law Review

No abstract provided.

2017 International Trade Law Decisions Of The Federal Circuit, Kevin J. Fandl

American University Law Review

No abstract provided.

Fear-Based Provocation, Michal Buchhandler-Raphael

American University Law Review

No abstract provided.

Inadequate Accessibility: Why Uber Should Be A Public Accommodation Under The Americans With Disabilities Act, Elizabeth A. Mapelli

American University Law Review

No abstract provided.

Indian Country And The Territory Clause: Washington's Promise At The Framing, John Hayden Dossett

American University Law Review

No abstract provided.

The Demise Of Drug Design Litigation; Death By Federal Preemption, Aaron D. Twerski

American University Law Review

No abstract provided.

Beyond Balancing: Rethinking The Law Of Embryo Disposition, Mary Ziegler

American University Law Review

No abstract provided.

Using The Supreme Court's Enigmatic Commerce Clause Holding In Sebelius To Challenge Congress's Broken Renewable Fuel Standard, Corey J. Walker

American University Law Review

No abstract provided.

Extending Federal Rule Of Civil Procedure 4 (K) (2): A Way To (Partially) Clean Up The Personal Jurisdiction Mess, Patrick J. Borchers

American University Law Review

No abstract provided.

Why Salman Is A Game-Changer For The Political Intelligence Industry, Kendall R. Pauley

American University Law Review

No abstract provided.

Extending Federal Rule Of Civil Procedure 4(K)(2): A Way To (Partially) Clean Up The Personal Jurisdiction Mess, Patrick J. Borchers

American University Law Review

No abstract provided.

Why Salman Is A Game-Changer For The Political Intelligence Industry, Kendall R. Pauley

American University Law Review

No abstract provided.

Interpreting Contracts Without Context, John Coyle, W. Mark C. Weidemaier

American University Law Review

No abstract provided.

Generalized Correlation Measures Of Causality And Forecasts Of The Vix Using Non-Linear Models, David E. Allen, Vince J. Hooper

Research outputs 2014 to 2021

This paper features an analysis of causal relations between the daily VIX, S & P500 and the daily realised volatility (RV) of the S & P500 sampled at 5 min intervals, plus the application of an Artificial Neural Network (ANN) model to forecast the future daily value of the VIX. Causal relations are analysed using the recently developed concept of general correlation Zheng et al. and Vinod. The neural network analysis is performed using the Group Method of Data Handling (GMDH) approach. The results suggest that causality runs from lagged daily RV and lagged continuously compounded daily return on the …

Treaty Self-Execution As “Foreign” Foreign Relations Law?, Duncan B. Hollis, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

This contribution to the Oxford Handbook on Comparative Foreign Relations considers how a state’s approach to foreign relations problems may have an external origin, or what we call “foreign” Foreign Relations Law (FFRL). Using the distinction between self-executing and non-self-executing treaties as a case study, we find close parallels between manifestations of this distinction in various states and how it evolved in the United States, where the distinction was first articulated. The chapter explores whether these parallels reflect the distinction’s transplantation from one legal system to another or the organic development of similar doctrines to address similar problems within the …

Blunting The Later-Mover Advantage: Intellectual Property And Knowledge Transfer, Irina D. Manta, Mattias Ottervik

Hofstra Law Faculty Scholarship

The United States followed a path of initially giving little protection to intellectual property (IP) so that the country could benefit from the IP of nations we term earlier-movers on the world stage of economic development. This symposium piece argues that Japan and China have been following a similar trajectory in their intellectual property laws while progressing on their own economic climb. Widespread international outsourcing of manufacturing has made intellectual property a key asset for private companies, which has strengthened the tendencies of earlier-movers to formulate and enforce strict intellectual property laws. This suggests that countries like China respond not …

Square Pegs And Round Holes: Shoehorning Modern Family Dynamics Into Antiquated Laws, Gail A. Prudenti

Hofstra Law Faculty Scholarship

No abstract provided.

Unlocking The Fifth Amendment: Passwords And Encrypted Devices, Laurent Sacharoff

Hofstra Law Faculty Scholarship

Each year, law enforcement seizes thousands of electronic devices smartphones, laptops, and notebooks-that it cannot open without the suspect's password. Without this password, the information on the device sits completely scrambled behind a wall of encryption. Sometimes agents will be able to obtain the information by hacking, discovering copies of data on the cloud, or obtaining the password voluntarily from the suspects themselves. But when they cannot, may the government compel suspects to disclose or enter their password?

This Article considers the Fifth Amendment protection against compelled disclosures of passwords-a question that has split and confused courts. It measures this …

California As A “Blue-Print’ For Progressive Immigration Reform?: Uncovering Racial Liberalism To Expose Reconfigured Anti-Migrant Hegemony, Edith Jaicel Ortega

Scripps Senior Theses

Using the frames of analysis and language of political whiteness and anti-migrant hegemony, this paper examines the narrative of liberal immigration reformers transforming California’s political landscape within the period of 1994 to 2017. Taken as case studies the following articles of legislation are analyzed: Proposition 187 in 1994, the California Dream Act in 2010, the Trust Act in 2014, up to the present Senate Bill 54 in 2017. The paper finds that while California has experienced a recognizable shift in racial liberalism in rhetoric and legislation, its overall policy continues to work within the framework of anti-migrant hegemony that functions …

Mr. Trump's Contribution To Women's Human Rights, Barbara Stark

Hofstra Law Faculty Scholarship

Trump’s presidency is for those who support women’s human rights what Roe v. Wade was for abortion opponents, a “target,” as Justice Ruth Bader Ginsburg characterized Roe, an event that has focused and united people who did not realize how much they had in common. Just as Roe did for the radical right, this presidency has not only unified those concerned with women’s human rights, but galvanized them.

This Article focuses on three major areas of women’s human rights: civil and political rights; the right to be free from sexual harassment; and the right to health. The range of these …

Living With No: Political Polarization And Transformative Dialogue, Erik Cleven, Robert A. Baruch Bush, Judith A. Saul

Hofstra Law Faculty Scholarship

We argue that dispute resolution processes should not be seen as a substitute for the political process, but rather a complement that can help strengthen it. Based on this view, and on the authors’ experience with dialogue work in the former Yugoslavia, as well as in urban and rural settings in the United States, we argue that transformative processes, specifically an approach we call Transformative Dialogue, are best suited to addressing the challenges of political polarization both in the United States and internationally. This is because the primary goal of transformative processes is not to reach agreement or find common …

An Antitrust Approach To Corporate Free Exercise Claims, Ronald J. Colombo

Hofstra Law Faculty Scholarship

In Burwell v. Hobby Lobby, 573 U.S. ___, 124 S. Ct. 2751 (2014), the United States Supreme Court held that the religious liberty protections contained in the Religious Freedom Restoration Act apply to for-profit business corporations. Although many laud the decision as a hard-fought victory for religious freedom, others fear the consequences of the decision. Two consequences in particular have been most commonly identified by the decision’s detractors.

First, Burwell may give businesses a “license to discriminate,” by allowing them to opt out of laws that protect minorities and other groups on religious grounds. This threatens to undo decades of …

Security For Expense Statutes: Easing Shareholder Hopelessness?, Miriam R. Albert

Hofstra Law Faculty Scholarship

The quintessential derivative suit is a suit by a shareholder to force the corporation to sue a manager for fraud, which is admittedly an awkward and likely unpleasant endeavor and, according to the Supreme Court, a "remedy born of stockholder helplessness."* 1 Where ownership and control of an enterprise are vested in the same population, the need for a corrective mechanism like a derivative suit is greatly lessened because the owner/managers' self-interests will arguably guide managerial conduct. But where ownership and control are in separate hands, the incentives change, and managerial conduct may not conform to the owners' views of …

Delegating Procedure, Matthew A. Shapiro

Hofstra Law Faculty Scholarship

The rise of arbitration has been one of the most significant developments in civil justice. Many scholars have criticized arbitration for, among other things, "privatizing" or "delegating" the state's dispute resolution powers and allowing private parties to abuse those powers with virtual impunity. An implicit assumption underlying this critique is that civil procedure, in contrast to arbitration, does not delegate significant state power to private parties. This Article challenges that assumption and argues that we can address many of the concerns about arbitration by drawing on civil procedure's solutions to its own delegation problem. From summonses to subpoenas to settlements, …

Unusual: The Death Penalty For Inadvertent Killing, Guyora Binder, Brenner M. Fissell, Robert Weisberg

Hofstra Law Faculty Scholarship

Can a burglar who frightens the occupant of a house, causing a fatal heart attack, be executed? More generally, does the Eighth Amendment permit capital punishment of one who causes death inadvertently? This scenario is possible in the significant minority of American jurisdictions that permit capital punishment for felony murder without requiring a mental state of intent to kill or reckless indifference to human life. Thus far, Eighth Amendment death penalty jurisprudence has required a culpable mental state of recklessness for execution of accomplices in a fatal felony but has not yet addressed the culpability required for execution of the …

Shareholder Voice In Corporate Charter Amendments, Geeyoung Min

Ira M. Millstein Center for Global Markets and Corporate Ownership

State corporate laws require shareholder approval for corporate charter amendments, but only the board of directors has the power to propose how to amend charters. The directors’ exclusive power over charter amendment proposals creates a potential for managerial opportunism by refusing to propose amendments that empower shareholders or by pursuing amendments that favor managers. While shareholder approval can theoretically serve as a check against such opportunism, dispersed shareholders’ rational apathy and collective action problems, can also prevent them from being effective monitors. Prior scholarship has thus viewed charter amendments with suspicion, but there has been no systematic, empirical examination to …

Greater Expectations: Strategies For Effective Board Meeting Preparation, Jonathan Kim, Marcel Bucsescu

Ira M. Millstein Center for Global Markets and Corporate Ownership

Directors face an increasingly complex environment in which their businesses operate. That complexity can present opportunities for corporations that adapt, and also places new pressures on boards to respond effectively. One strategy for directors to consider is to adapt their approaches to preparing for board meetings by focusing not just on company specific reporting and decisions, but also by acting as the “eyes and ears” for management on key issues for the company. This article makes practical suggestions for directors to consider as they approach their board meeting preparation with this broader view in mind.