Law Commons^™

Globalización, Derechos Humanos Y Sociedad De La Información, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

Para nadie es ajeno que las nuevas tecnologías, y en especial el internet, en la llamada era de la sociedad de la información, constituyen una de las mayores posibilidades con las que se cuenta actualmente para la adquisición de nuevos conocimientos, contactos personales interactivos como el correo electrónico, el chat, el comercio electrónico, la diversión, los grupos de discusión y las redes sociales.Sin embargo, al lado de las infinitas posibilidades benéficas que la red de redes ofrece, coexisten algunos usos abusivos, inseguros, peligrosos o incluso delictivos que nos plantean nuevos retos a los juristas, acerca de los cuales es posible …

Toward A Legal Genealogy Of Color Blindness, Julie Novkov

Julie Novkov

Conservative colorblindness is often understood by legal scholars as a backlash phenomenon that emerged in the post-civil rights era in response to gains by African Americans in the legal and social spheres. Following Reva Siegel's work, this paper pushes the time frame back substantially and traces the origins of conservative colorblindness in legal doctrine to the early 1960s. It describes a discursive struggle that began in the courts and spilled out into the cultural arena, ultimately resulting in the full appropriation of colorblindness by the right.

Wyoming Prestatehood Legal Materials, Part Ii, Debora Person

Debora A. Person

No abstract provided.

Review Of Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow

Ann Bartow

In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn't enough to concede that the Internet won't benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the …

Dangerous Bodies: Freak Shows, Expression, And Exploitation, Brigham A. Fordham

Brigham A Fordham

The freak shows of the late 1800s and early 1900s, which traveled the nation exhibiting “human oddities” for profit, are regaining popularity as an underground form of entertainment. While some non-legal scholars have investigated the meaning of freak shows in American culture, little attention has been paid to the laws that regulate freak shows or the legal rights of freak show participants. This Article seeks to introduce legal discourse into the discussion of freak shows and, in the process, to comment on legal approaches to preventing discrimination against persons who are physically different. Drawing upon the theories and analysis of …

The Compact Clause And The National Popular Vote Interstate Compact, Derek T. Muller

Derek T. Muller

Despite previous historical failed attempts to abolish the Electoral College at the federal level, in the months following the 2000 election, several lawyers, politicians, and academics concocted a novel plan to abolish the College at the State level. The National Popular Vote Interstate Compact would be enacted State by State and require each enacting State to give its electoral votes to the winner of a plurality of the national popular vote.

This Article does not attempt to address the merits or drawbacks of the system as a matter of policy. Instead, Part I begins with a brief history of the …

Competition Law And The Wto: Rethinking The Relationship, David J. Gerber

David J. Gerber

This essay identifies obstacles to the inclusion of a competition law regime in the WTO and suggests changes that are likely to be necessary if competition law is to become an effective part of the WTO. Two obstacles have impeded inclusion of competition law in the WTO's legal regime and are likely to continue to do so. They are (i) a lack of confidence that the norms, practices and procedures of the WTO rest on a robust conception of community and (ii) uncertainty and concern about what form of competition law might be included and what its role in the …

Private Enforcement Of Competition Law: A Comparative Perspective, David J. Gerber

David J. Gerber

Private enforcement has long been a central part of US antitrust law experience, while it has played minor roles or none at all in European competition law systems. This contrast is fundamental to understanding differences between European and US competition law and to assessing the potential consequences of increasing the role of private enforcement of competition law in Europe. It is also central to decisions about competition law development in much of the world, because in this respect most competition law systems in the world resemble European competition laws rather than US antitrust law.

In this essay, I examine the …