Law Commons^™

The International Privacy Regime, Tim Wu

Faculty Scholarship

Privacy has joined one of many areas of law understandable only by reference to the results of overlapping and conflicting national agendas. What has emerged as the de facto international regime is complex. Yet based on a few simplifying principles, we can nonetheless do much to understand it and predict its operation.

First, the idea that self-regulation by the internet community will be the driving force in privacy protection must be laid to rest. The experience of the last decade shows that nation-states, powerful nation-states in particular, drive the system of international privacy. The final mix of privacy protection that …

Connection, Capacity And Morality In Lawyer-Client Relationships: Dialogues And Commentary,, Robert Dinerstein, Stephan Ellmann, Isabelle Gunning

Scholarly Articles in Law Reviews & Journals

As important,and difficult, as it is to offer new law students clearand helpful frameworks for the interpersonalwork of lawyering, do-ing so is only part of what a clinical textbook may aspire to. In ourtextbook-in-progress, we hope to offer both frameworks and support for students' sense of the incompleteness of every framework and for their recognition of the need for careful,flexible response to each in-dividual client. Even care and flexibility by themselves are notenough, however, and every text must choose which aspects of law- yer-client relationshipsit will emphasize most. In the sections thatfol-low, we focus on lawyers' development of "connection in …

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica Silbey

Faculty Scholarship

This Article exposes internal contradictions in case law concerning the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as “demonstrative evidence,” evidence that purports to illustrate other evidence, rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional testimony of live …

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 10, Issue 1.

Origins Of Animal Law: Three Perspectives, Richard J. Katz, Michael C. Blumm, Holly Anne Gibbons

Animal Law Review

No abstract provided.

The Day May Come: Legal Rights For Animals, Tom Regan

Animal Law Review

This article examines the main arguments used for denying moral rights to nonhuman animals, the rights to life and bodily integrity in particular. Because these arguments are deficient, animals should not be denied legal rights on the basis of their presumed moral inferiority to humans.

False Advertising, Animals, And Ethical Consumption, Carter Dillard

Animal Law Review

In light of the fact that today’s consumers often want their products to be created in the most environmentally-, globally-, and animal-friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. This article investigates the ways that consumers can protect themselves from false advertising through the use of federal and state agencies, independant review, federal and state courts, and private attorneys general actions.

On Redefining The Boundaries Of Animal Ownership: Burdens And Benefits Of Evidencing Animals' Personalities, Geordie Duckler

Animal Law Review

Were animals as personalty appreciated in their fundamental distinctions from other personal properties, the law might be able to fashion a more sophisticated set of legal responsibilities for, and rewards of, such ownership. As evidence doctrines on character and propensity expand and contract to address boundaries for these concepts, a fuller potential for property law may be effectively promoted as a result.

Integrating Animal Interests Into Our Legal System, David Favre

Animal Law Review

This article explores the obstacles to obtaining legal rights for animals both within the animal rights movement and within the broader political context. The author examines in which arena legal change might best be sought—the courts, the legislature, state governments, or the federal government. Finally, it makes a number of suggestions as to what type of laws would be the most successful in advancing the interests of animals.

Apes, Darwinian Continuity, And The Law, Roger S. Fouts

Animal Law Review

This article proposes that the delusional worldview that “man” is outside and above the other “defective” organic beings in nature is completely without empirical scientific foundation. An alternative and harmonious way of being is presented that is derived from the acceptance of the biological reality of continuity.

Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon

Animal Law Review

The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions.

Taxpayer Standing: A Step Toward Animal-Centric Litigation, Varu Chilakamarri

Animal Law Review

This comment takes a novel approach in animal law jurisprudence by evaluating the taxpayer standing doctrine and how animal welfare proponents may utilize it. The doctrine can potentially be used for public interest litigation whenever a link can be found between a social harm and the use of public monies.

The Future Of Veterinary Malpractice Liability In The Care Of Companion Animals, Christopher Green

Animal Law Review

This comment investigates the factual bases of arguments from the veterinary community and of those that support increasing the malpractice liability of veterinarians. Combining law and economics theory with basic mathematics to evaluate the validity of these positions, it then suggests specific measures for legislatively addressing those parties’ concerns.

"…Und Die Tiere" Constitutional Protection For Germany's Animals, Kate M. Nattrass

Animal Law Review

In the summer of 2002, Germany welcomed animals into the folds of constitutional protection. With the addition of the words “and the animals,” Germany became the first country in the European Union, and the second on the European continent, to guarantee the highest level of federal legal protection to its nonhuman animals.

Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein

Animal Law Review

This comment examines breed specific legislation—the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur.

2003 Legislative Review, Emilie Clermont

Animal Law Review

No abstract provided.

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen

ExpressO

This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs

Looking Beyond The Evildoers: Sarbanes-Oxley And The Future Of Corporate Law, Thomas L. Greaney

Saint Louis University Law Journal

No abstract provided.

The Ada's Reasonable Accommodation Requirement And Innocent Third Parties, Alex B. Long

Scholarly Works

No abstract provided.

"Stop Me Before I Vote For This Judge Again": Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long

Scholarly Works

No abstract provided.

Bankruptcy And Recovery Of Tort Damages, George Kuney

Scholarly Works

No abstract provided.

Evaluating The Risks Of Market Swaps, Maurice Stucke

Scholarly Works

An asset swap between two competitors can be (i) per se illegal under Section 1 of the Sherman Act or (ii) a potentially legitimate sale of assets under Section 7 of the Clayton Act. The case law and antitrust commentary vary as to which standard should be applied, and the impication can be significant for the business entities contemplating the deal. This article outlines five factors to assist in evaluating the asset swap's legality under the federal antitrust laws, and the critical determination of which standard to apply to a potentially high risk transaction.

Discrimination: The Law Vs. Morality, Walter E. Williams

Cornell Journal of Law and Public Policy

No abstract provided.

Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh

Law Faculty Scholarship

Bellow's and Moulton's The Lawyering Process emphasized the need for law students and lawyers to draw on other disciplines for effective skills development, to make self-analysis of their professional skills and principles a career-long practice, and to remain ever vigilant of emerging ethical issues. This article attempts to honor those lessons by applying them to lawyers' use of computer mediated communication (CMC) in interacting with clients and in negotiating for clients. The article examines the social science research on CMC, applies that research to the lawyer's context, and makes some tentative assessments about the skills involved in lawyers' use of …

Law And Engineering: In Search Of The Law-Science Problem, Jerry L. Mashaw

Law and Contemporary Problems

Lawyers and scientists both have the intellectual conceit that a well-defined problem is not only a necessary, but almost a sufficient, condition for a successful solution. Mashaw examines the applied science of engineering in the context of health and safety regulation, focusing on the law-science interface at the NHTSA.

Engendering Accountability: Gender Crimes Under International Criminal Law, Richard J. Goldstone, Estelle A. Dehon

New England Journal of Public Policy

Gender crimes, such as rape, sexual assault, sexual slavery, and forced prostitution, have always been perpetrated during war, yet the laws of war have been slow to acknowledge these crimes and to bring their perpetrators to justice. This article examines the response of the International Criminal Tribunals for the Former Yugoslavia and Rwanda to this lacuna in international law, and analyzes the mainly positive developments they have made in this area in relation to the definition of rape and to the prosecution of gender crimes as crimes against humanity, war crimes, grave breaches of the Geneva Conventions, and genocide. It …

The Nova Southeastern Lawyer, Summer 2003, Volume 12, Number 3, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2003

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

An Institutional Analysis Of Lawyer Regulation: Who Should Control Lawyer Regulation - Courts, Legislatures, Or The Market, Benjamin H. Barton

Scholarly Works

No abstract provided.

Marshall V Madison: The Supreme Court And Original Intent, 1803-1835, Gordon Lloyd

School of Public Policy Working Papers

Should the justices of the Supreme Court rely on “original intent” as the foundation for constitutional interpretation? Or should they be free to interpret the Constitution in light of hermeneutical approaches created by current philosophies of law? This essay examines the Marshall Court to determine whether its opinions take their bearings from the American Founding or instead rely on a philosophy of jurisprudence that can be separated from the Founding. The purposes of this essay are fourfold: 1) to provide a comprehensive account of the use of the Framers by the Marshall Court, 2) address the normative question of the …