Law Commons^™

The Copyright/Patent Boundary, Viva R. Moffat

University of Richmond Law Review

No abstract provided.

Reclaim This! Getting Credit Seller Rights In Bankruptcy Right, Lawrence Ponoroff

University of Richmond Law Review

No abstract provided.

Speaking Of Science: Introducing Notice And Comment Into The Legislative Process, Gregory Dolin

All Faculty Scholarship

Congress enacts, on a nearly continuous basis, a variety of laws that affect scientific research and progress. Some of these laws have an unquestionably positive effect. For instance, Congress's creation of the National Institutes of Health, the National Academy of Sciences, and NASA; its various appropriations to fund ground-breaking research; and a multitude of other laws have incalculably advanced human knowledge, and it is to Congress's great credit that these laws have been and are continuing to be enacted. However, not all laws that affect the progress of sciences are an unalloyed good. Quite the opposite, often the laws aim …

Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson

Utah Law Faculty Scholarship

The U.S. Court of Appeals for the Federal Circuit is the dominant institution in patent law. The court’s control over patent law and policy has led to a host of academic proposals to shift power away from the court and towards other institutions, including the U.S. Supreme Court, the U.S. Patent and Trademark Office, and federal district courts. Surprisingly, however, academics have largely dismissed Congress as a potential institutional check on the Federal Circuit. Congress, it is felt, is too slow, too divided, and too beholden to special interests to effectively monitor changes in innovation and respond with appropriate reforms. …

Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

The U.S. Court of Appeals for the Federal Circuit is the dominant institution in patent law. The court’s control over patent law and policy has led to a host of academic proposals to shift power away from the court and towards other institutions, including the U.S. Supreme Court, the U.S. Patent and Trademark Office, and federal district courts. Surprisingly, however, academics have largely dismissed Congress as a potential institutional check on the Federal Circuit. Congress, it is felt, is too slow, too divided, and too beholden to special interests to effectively monitor changes in innovation and respond with appropriate reforms. …

Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine

Articles

No abstract provided.

Charitable Giving, Tax Expenditures, And Direct Spending In The United States And The European Union, Lilian V. Faulhaber

Georgetown Law Faculty Publications and Other Works

This Article compares the ways in which the United States and the European Union limit the ability of state-level entities to subsidize their own residents, whether through direct subsidies or through tax expenditures. It uses four recent charitable giving cases decided by the European Court of Justice (ECJ) to illustrate the ECJ’s evolving tax expenditure jurisprudence and argues that, while this jurisprudence may suggest a new and promising model for fiscal federalism, it may also have negative social policy implications. It also points out that the court analyzes direct spending and tax expenditures under different rubrics despite their economic equivalence …

Mining Contracts: How To Read And Understand Them, International Senior Lawyers Project, Openoil, Revenue Watch Institute-Natural Resource Governance Institue, Vale Columbia Center On Sustainable International Investment

Columbia Center on Sustainable Investment Books

In December 2013, a diverse group of 14 experts from Africa, Asia, North and South America, and Europe worked together for five days to produce a user-friendly guide in English and in French on "Mining Contracts: How to Read and Understand Them," to help policy makers, civil society, citizens, and the media understand the often complex and opaque terms of mining contracts. With increasing calls for contract transparency – and the growing recognition of the importance of the terms of contracts for resource-rich countries – this book explains in layman’s terms the principal features of a contract, compares different approaches …

Yea Or Neigh? The Economics, Ethics, And Utility Of The Horsemeat Filet, L. Leon Geyer, Dan Lawler

Journal of Food Law & Policy

While staying surprisingly low profile amongst the general populace, the issue of horse slaughter has become hotly contested in the last decade, evolving into a multifaceted controversy that intertwines questions regarding ethics, international commerce, and contemporary law and politics. Horses were slaughtered in the U.S. in United States Department of Agriculture (USDA) regulated plants until 2007, when an appropriations bill suspended funding for federal inspections of horsemeat. The U.S. was home to three domestic slaughterhouses - two in Texas and one in Illinois - that slaughtered an average of about 115,003 horses per year from 1990 to 2007. Currently, American …

State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim

Seattle University Law Review

Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …

Legislative Framework Of The Republic Of Kosovo In The Area Of Border And Migration And Its Accordance With Eu Acquis, Shkelzen Sopjani

UBT International Conference

The area of border and migration is fairly new in Kosovo, especially when considering legislation adopted and en-force related to this area. The initial Law (Law on Foreigners) dealing with migration was drafted only in 2008 (after Kosovo declared its independence) and entered into force in 2009, while the first legislative piece that ‘dealt’ with border and migration was adopted only in 2005, that was the UNMIK Regulation No. 2005/16, approved by the Special Representative of the Secretary General of UN. This regulation (on the Movement of Persons Into and Out of Kosovo) consisted of only 28 articles and covered …

The Lack Of Special And General Uzanses A Weakness For The Normal And Reliable Function Of Kosova Permanent Tribunal Of Arbitration, Armend Krasniqi

UBT International Conference

Business relations of economic entities operating in Kosovo have begun to be regulated similarly to those of modern countries, in accordance with the spirit of globalization. In this segment the local institutions recently succeeded in completing the primary legislation and partially the secondary one. Within this activity has been done also the reforming of judicial system, have been redefined the competencies of judicial authorities for disputes in the field of economy and above all within the Chamber of Commerce is established the Permanent Tribunal of Arbitration as a specialized agency for solving disputes of contractual business relations. With all these …

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Addressing Climate Change: Have The Political Winds Shifted In Favor Of A Carbon Tax?, Jesse Reiblich

LSU Journal of Energy Law and Resources

Policymaking to combat climate change has been almost nonexistent despite the scientific community’s consensus that the time to act is now. Regardless, climate change remains a volatile political issue that divides our nation and its legislators. Advocates of reducing carbon emissions have traditionally endorsed several tools available to policymakers and administrative agencies in order to curb climate change: rulemaking under the Clean Air Act, capand-trade, and carbon taxes. Carbon tax legislation has gained traction after endorsements from both sides of the political aisle, and because it could be used to raise funds to reduce the United States’ deficit. Even policymakers …

Corporate And Business Law, Laurence V. Parker Jr.

University of Richmond Law Review

No abstract provided.

Taxation, Craig D. Bell

University of Richmond Law Review

The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that will most likely impact those practitioners. This article does not, however, discuss many of the numerous technical legislative changes to title 58.1 of the Virginia Code, which covers taxation.

Family Law, Sharon K. Lieblich

University of Richmond Law Review

No abstract provided.

Modern Reformation: An Overview Of New York’S Domestic Relations Law Overhaul, Meaghan E. Howard

Touro Law Review

With nearly half of all first time marriages ending in divorce, there is no wonder that legal reform in the area of domestic relations law has recently taken the State of New York by storm. New York held onto the relic of fault-based divorce for an unusually long period of time, in part due to notions of marital sanctity and reinforcement of the traditional nuclear family. On the other hand, the State, after succumbing to the battle over no-fault divorce, quickly adopted a progressive social and legislative policy by validating the desire of same-sex couples to marry.

2013 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.

The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson

Seattle University Law Review

In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …

The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis

Indiana Law Journal

Many firms invest heavily in the way their products look, and they rely on a handful of intellectual property regimes to stop rivals from producing look-alikes. Two of these regimes—copyright and trademark—have been closely scrutinized in intellectual property scholarship. A third, the design patent, remains little understood except among specialists. In particular, there has been virtually no analysis of the design patent system’s core assumption: that the rules governing patents for inventions should be incorporated en masse for designs.

One reason why the design patent system has remained largely unexplored in the literature is that scholars have never explained how …

Same-Sex Divorce In The United States: Protecting The Interests Of The Children, Joan Catherine Bohl

University of Miami Race & Social Justice Law Review

In light of recent political, legal, and legislative developments, the status of same-sex couples across the United States has become increasingly complex. This article focuses on the issue of same-sex divorce in a mobile society. When a same-sex couple moves from a state recognizing same-sex marriage—or from Canada—to a state that does not expressly recognize same-sex marriage, dissolution of that marriage can become a byzantine problem much more complex than a state’s “official” position on same-sex marriage. Relevant factors can range from the state’s legislative and executive pronouncements affecting homosexual citizens in areas such as pension benefits and health plans …

"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick

Law Student Publications

This comment discusses federal restitution orders and why they are not a viable source of compensation for FCPA victims. Section I provides background information on the FCPA and outlines how it is enforced. Section II discusses victims' rights under a series of pieces of federal legislation. Section III looks at the primary precedent in the arena and explains why it shows that the restitution statutes do not provide sufficient FCPA victim restitution. Section IV discusses the pending Wal-Mart case and the issues facing Wal-Mart victims. Section V outlines other avenues of recovery for FCPA victims and proposes new measures for …

State Legislative Update, Molly Karcher, Alexandra Klaus, Ryan J. Nichols, Stanley A. Prenger

Journal of Dispute Resolution

As the use of collaborative law increases, the need for uniform laws to help facilitate this process across state lines grew. In February 2007, the Uniform Law Commission (ULC) began drafting an act to address this need. At the July 2009 meeting, the Uniform Collaborative Law Act (UCLA) was unanimously approved by the Commission and was subsequently submitted to the American Bar Association (ABA) House of Delegates for approval. In March 2010, the house approved the amended act after the ULC made a few small changes per the house's recommendation. Since receiving ABA approval, the UCLA has been passed in …

When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen

Touro Law Review

No abstract provided.

Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner

Pepperdine Law Review

No abstract provided.

Juvenile Justice In Transition , Julian C. Dixon

Pepperdine Law Review

No abstract provided.

Employer Unfair Practices Under California's Rodda Act And The Nlra: A Comparative Survey, H. Anthony Miller

Pepperdine Law Review

No abstract provided.

Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Anti-Bullying Law, Melissa Wright

University of Richmond Law Review

No abstract provided.

Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel

Touro Law Review

No abstract provided.