Law Commons^™

Financial Regulation Reform And Too Big To Fail, Brett Mcdonnell

American University Business Law Review

No abstract provided.

Regulating Informational Intermediation, Onnig H. Dombalagian

American University Business Law Review

No abstract provided.

Creative Commons: America's Moral Rights?, Mira T. Sundara Rajan

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article examines the status of authors' moral rights in a post-Dastar world. It argues that, apart from the minimal recognition of moral rights for visual artists in the Visual Artists Rights Act (1990) and a handful of state laws, Creative Commons and other open access movements currently represent the only effective recognition of moral rights in the United States. This paper examines approaches to moral rights in a variety of open-access scenarios, including Creative Commons, free software, Wikipedia, and Google Books, and it attempts to assess the advantages and dangers of offering moral rights as an alternative to regular …

Revisiting The Doctrine Of Inequitable Conduct Before The Patent And Trademark Office, Christian Mammen

Fordham Intellectual Property, Media and Entertainment Law Journal

I would like to thank the editors of Fordham's Intellectual Property, Media & Entertainment Law Journal for including the very important subject of inequitable conduct reform in this Symposium. And I'd particularly like to commend them for their impeccable timing; this Symposium is being held on the Friday before oral arguments in the Federal Circuit's en banc rehearing of the inequitable conduct issues in Therasense, Inc. v. Becton, Dickinson and Co.'

As many of you know, it has been over twenty years since the Federal Circuit last convened en banc to address the inequitable conduct doctrine in Kingsdown Medical Consultants, …

Professional Responsibility For The Pro Se Attorney., Margaret Raymond

St. Mary's Journal on Legal Malpractice & Ethics

This Article considers how pro se lawyers should be treated under the law of professional responsibility. While courts have addressed whether various aspects of the law of lawyering should be applied to lawyers acting pro se, they have not done so systematically. The Article first demonstrates that the law is not consistent in its treatment of pro se lawyers. It then argues that a purpose-based approach to the issue provides a consistent, rational, and reproducible way to analyze the question. It concludes that whether a particular rule of professional responsibility should apply to a pro se lawyer should be driven …

Transparency Is The New Opacity: Constructing Financial Regulation After The Crisis, Caroline Bradley

American University Business Law Review

No abstract provided.

Transparency And Contrarian Experts In Financial Regulation: A Brief Response To Professor Bradley, Daniel Schwarcz

American University Business Law Review

No abstract provided.

Preface, Frank H. Wu

UC Law Constitutional Quarterly

No abstract provided.

Brief Of The John Marshall Law School Veterans Legal Support Center & Clinic, The Veterans Legal Assistance Clinic At Thomas Jefferson School Of Law, The Lewis B. Puller, Jr. Veterans Benefits Clinic At The College Of William & Mary, Michael J. Wishnie As Amici Curiae In Support Of Petitioner, Witt V. United States Of America, 131 S.Ct. 3058 (Supreme Court Of The United States 2011) (No. 10-885), John Marshall Law School Veterans Legal Support Center & Clinic, Michael P. Seng, Et Al

Court Documents and Proposed Legislation

No abstract provided.

The New Governance And The Tools Of Public Action: An Introduction, Lester M. Salamon

Fordham Urban Law Journal

A fundamental re-thinking is currently underway throughout the world about how to cope with public problems. Stimulated by popular frustrations with the cost and effectiveness of government programs and by a new-found faith in liberal economic theories, serious questions are being raised about the capabilities, and even the motivations, of public-sector institutions. This type of questioning has spread beyond American political discourse to other parts of the world. Underlying much of this reform surge is a set of theories that portrays government agencies as tightly structured hierarchies insulated from market forces and from effective citizen pressure and therefore free to …

All Is Number: Mathematics, Divisibility And Apportionment Under Burlington Northern, William C. Tucker

Fordham Environmental Law Review

No abstract provided.

Counting The Costs Of A Global Anglophonic Hegemony: Examining The Impact Of U.S. Language Education Policy On Linguistic Minorities Worldwide, Stephen M. Harper

Indiana Journal of Global Legal Studies

As the need for efficient communication between global participants in academia, business, and politics has grown in recent decades, English has quickly become the dominant universal language in these arenas. Language policy scholars have noted, however, that the rapid spread of English could present a substantial threat to the linguistic diversity of the world, as some scholars have estimated that as many as fifty percent of the world's languages will be extinct by the end of the twenty-first century. This Note argues that the United States' current stance in the area of language education will contribute to this global language …

Teachers' Religious Garb As An Instrument For Globalization In Education, Caitlin S. Kerr

Indiana Journal of Global Legal Studies

Nebraska and Pennsylvania currently have laws in place that prohibit public school teachers from wearing religious garb. This Note applies the appropriate constitutional framework-a balancing test-in order to determine the propriety of a religious garb statute. Courts have upheld the statutes in light of perceived government endorsement of teachers' religion and feared impact on impressionable young children. However, both of these concerns are exaggerated and misplaced. Rather, a court must consider the demands a newly globalized world places on effective education for tomorrow's global citizens.

Respect My Authority: Analyzing Claims Of Diminished U.S. Supreme Court Influence Abroad, Aaron B. Aft

Indiana Journal of Global Legal Studies

This paper critiques the argument that the U.S. Supreme Court is losing influence among national and constitutional courts worldwide as a result of its nonparticipation in the emerging judicial globalization. It does so, inter alia, by reviewing two examples of how U.S. authority is cited abroad, and concludes that arguments of diminished influence appear overstated, and that changes in U.S. judicial influence are not likely due to attitudes toward citation of foreign law.

Values To Be Added To An "Eastphalia Order" By The Emerging China, Chang-Fa Lo

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009

Introduction: Human Rights And Legal Systems Across The Global South Symposium, Christiana Ochoa, Shane Greene

Indiana Journal of Global Legal Studies

Human Rights and Legal Systems Across the Global South, Symposium, Indiana University Maurer School of Law, Bloomington, Indiana. 9-10 April 2010.

To The Orphaned, Dispossessed, And Illegitimate Children: Human Rights Beyond Republican And Liberal Traditions, Siba N. Grovogui

Indiana Journal of Global Legal Studies

After the Helsinki Accords, the collapse of the Soviet Union and its empire, and the collapse of states in Africa and elsewhere, many in the West have come to envisage the enforcement of human rights as a practical matter. Human rights are thus incorporated in normative regimes under the rubrics of either the rule of law or the responsibility to protect to be held against the purveyors of violence. I do not discount the normative underpinnings of the related stands taken today by states and transnational and national civil society organizations. I wish to insist on the futility of envisaging …

Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams

Indiana Journal of Global Legal Studies

Customary law often includes gender discriminatory rules that violate women's rights under constitutional equality guarantees. Dialogic democracy theory offers valuable tools that can help a legal system both to protect customary law and to protect the equality of its women citizens. By focusing on the need for challenge and on the dialogue within the cultural community, the legal system can create incentives and conditions to support the capacity of women to shape the customary law of their own communities. This approach is necessary because legal rights for women, when imposed by the larger society, often result in backlash within minority …

The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines, Erika George

Indiana Journal of Global Legal Studies

The HIV/AIDS pandemic has had a devastating and disproportionate impact in countries of the Global South. The experience of an individual infected with HIV in Africa is very different than that of an individual infected with HIV in America. Life expectancy varies sharply. The ability or inability to access medicines essential for treatment accounts for much of the variance. This article examines how the rhetoric of human rights used in the context of South Africa's AIDS crisis resonated across the Global South, resulted in a powerful social movement for access to medicines, and contributed to important changes in international intellectual …

African Customary Law, Customs, And Women's Rights, Muna Ndulo

Indiana Journal of Global Legal Studies

The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognizing the role of legislation in reform, it is …

The Maria Da Penha Case And The Inter-American Commission On Human Rights: Contributions To The Debate On Domestic Violence Against Women In Brazil, Paula Spieler

Indiana Journal of Global Legal Studies

This article aims to demonstrate the contributions of the Maria da Penha case and the Inter-American Commission on Human Rights (IACHR) Report of 2001 to the debate on domestic violence against women in Brazil, with special emphasis to the adoption of the Maria da Penha Law. The IACHR was the first international human rights organ to bring to light the problem. Beside contributing to internal changes, this case has great relevance as it was the first one of domestic violence analyzed by the Inter-American Commission. It revealed the systematic pattern of violence against women in the country.

Human Rights and …

"Cultural Fatigue": The State And Minority Rights In Botswana, Jacqueline Solway

Indiana Journal of Global Legal Studies

The circulation and intersection of supranational rights, discourses, and practices with local struggles have contributed to victories, disappointments, and in many instances, new articulations and understandings of rights for local people. In Botswana, the everincreasing interaction of minority groups with international institutions, laws and conventions, nongovernmental groups (NGOs), and the Botswana courts has created a dialectic that continues to reshape vernacular rights discourses. The state has also been a party in this evolving dialectic and has found new means of intervening in the process. The Botswana state prides itself on its liberal practices and has received international acclaim as a …

Ethnographies Of Indigenous Exclusion In Western Mexico, Guillermo De La Peña

Indiana Journal of Global Legal Studies

In 1992 and 2001, the National Congress of Mexico approved several amendments to the constitution concerning the legal status and rights of indigenous peoples. However, the specific institutional aspects and practical implications of these changes were left to state legislatures, which have responded slowly and unevenly. A particular problem has been the lack of a clear definition of what indigenous political representation means for the different levels of the Mexican government. This article uses ethnographic materials collected in the state of Jalisco to document certain forms of exclusion and violations of citizen rights that relate to voids and ambiguities in …

Abuse Of Power And Corruption In Kenya: Will The New Constitution Enhance Government Accountability, Migai Akech

Indiana Journal of Global Legal Studies

This article suggests that corruption in the Kenyan government is largely an institutional problem, rather than a cultural one. It attributes such corruption to the predominance of arbitrary power, especially in the statutory (as opposed to constitutional) order. The statutory order grants executive, legislative, and judicial actors broad powers without establishing effective procedural mechanisms to circumscribe their exercise. In the absence of effective regulation, law often aids the abuse of power and corruption. Although the new constitution establishes principles and mechanisms that may enhance government accountability, the statutory order must be aligned with the values and principles of this new …

Globalization And The Institutional Dynamics Of Global Environmental Governance, Tun Myint

Indiana Journal of Global Legal Studies

This paper is concerned with globalization and the institutional dynamics of global environmental governance. How do the phenomena of globalization shape the study of the institutional dimensions of global environmental governance, and how do these phenomena influence the practicality of law and state-centric politics? These questions guide the direction of this paper and its aim to advance theories and research methods for the study of the dynamics of institutions for governance. By synthesizing the conceptual findings of the literature, this paper develops an analytical framework of globalization and analytical themes to advance the systematic study of the dynamics of institutions, …

Autochthony, Citizenship, And Exclusion - Paradoxes In The Politics Of Belonging In Africa And Europe, Peter Geschiere

Indiana Journal of Global Legal Studies

Our world seems to be globalizing, yet in practice, it is marked more than ever by what Tania Murray Li calls "a conjuncture of belonging." The notion of autochthony plays a special role in this obsession with belonging as some sort of primordial claim: How can one belong more than if one is born from the soil itself? Since the 1990s, the notion has played a key role in politics in several parts of Africa. Yet, its spread has now become truly global. Comparisons with other parts of the world show that this notion retains its apparently "natural"s elf-evidence and, …

Demands Of The Marketplace Require Practical Skills: A Necessity For Emerging Practicioners, And Its Clinical Impact On Society--A Paradigm For Change, Ann Marie Cavazos

Journal Publications

Many articles have been written focusing on the benefits that the law students receive from participating in a rigorous program of clinical study early on in their careers. However, little focus has been given to the clients who participate in law school clinics. Most of the time these clients are poor and minorities with few, if any, options for legal representation. In general, law student clinical work has been confined to local clients with local issues. Even law schools that handle national issues have clients that are local and the issues that give rise to the national representation occur locally. …

Preliminary Materials, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucien E. Dervan

Georgia State University Law Review

Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …

Lenity On Me: Lvrc Holdings Llc V. Brekka Points The Way Toward Defining Authorization And Solving The Split Over The Computer Fraud And Abuse Act, Warren Thomas

Georgia State University Law Review

According to one recent survey, almost 60% of employees who leave their jobs take company data with them. Indeed, technological advances have made it easier than ever for employees to walk out the door with confidential information: “The digital world is no friend to trade secrets.” Companies’ data loss prevention programs have struggled to keep up with such advances during the current economic downturn. In recent years, employers have increasingly filed lawsuits using the Computer Fraud and Abuse Act (CFAA) to punish employees who absconded with company data and to deter further abuses.