Law Commons^™

Trust And The Global Law Firm, Robert K. Vischer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The International Law Student: Culture, Access, And When We’Ll Stop Scrambling, Fanta Aw, Sandra P. Buteau, Myra Wilder

American University Journal of Gender, Social Policy & the Law

No abstract provided.

“Custody” In Custody: Redefining Miranda Rights In Prison , Maya Dominguez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Christian Legal Society V. Martinez: How An Obscure First Amendment Case Inadvertently And Unexpectedly Created A Significant Fourteenth Amendment Advance For Lgbt Rights Advocates , Max Kanin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Racial Perspectives On Eligibility For Special Education For Students Of Color Who Are Struggling, Is Special Education A Potential Evil Or A Potential Good?, Jonathan Feldman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Controlling Greenhouse Gases From Highway Vehicles, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

This article discusses the program aimed at increasing the efficiency of highway vehicles that is administered by the EPA under the Clean Air Act and by the Department of Transportation.

Employment Discrimination Against Lgbt Utahns, Clifford Rosky, Christy Mallory, Jenni Smith, M.V Lee Badgett

Utah Law Faculty Scholarship

Utah does not have a statewide law that prohibits discrimination based on sexual orientation and gender identity in employment. This report gathers together all existing data on the prevalence of discrimination in Utah to examine how frequently lesbian, gay, bisexual, and transgender Utahns experience employment discrimination based on sexual orientation and gender identity and assess the likely impact of passing a statewide nondiscrimination law.

The report begins by analyzing the data collected through a 2010 survey conducted by Equality Utah, which is the state’s first survey on discrimination based on sexual orientation and gender identity in employment. The data show …

Negativing Invention, Jacob S. Sherkow

Articles & Chapters

Since 1952, the patent statute has forbidden courts from discriminating against, or “negativing,” inventions according to how they were made, be it “long toil and experimentation” or a “flash of genius.” Now, in addressing whether an invention is “obvious,” courts must only examine whether the invention was obvious according to the arts pertinent to that invention — the “analogous” rather than “nonanalogous” arts. This article shows that this dichotomy has actually promoted method-of-invention discrimination in patent law because the subjectivity of the analogous art inquiry has increasingly “analogized” wide fields of prior art as technology has progressed. This, in turn, …

Issues On International Trade And Investment And Its Implications For Further Research, Angelo B. Taningco

Angelo King Institute for Economic and Business Studies (AKI)

Recent developments in the field of international trade and investments worldwide have led to contemporary literature that encompass international trade in goods and services, trade policies, bilateral and regional free trade agreements (FTAs) as well as multilateral trading arrangements, trade facilitation measures, and foreign direct investment (FDI) policies. Given the increasing significance of multilateral trade and FDI flows between regions in recent years, there is a need of further research especially for developing countries like the Philippines. As such, it will be possible to develop efficient trade and investment policies, which relate to inclusive growth and development. Results suggest that …

Carbon Offshoring: The Legal And Regulatory Framework For Coal Exports, Daniel M. Firger, Robert Denicola, Katherine English, Daniel Raichel, Ross Wolfarth, Kennan Zhong

Sabin Center for Climate Change Law

This report examines the legal and regulatory framework for U.S. coal exports, focusing in particular on the significant improvements in railroad and port infrastructure that will be necessary in order to boost the volume of overseas coal shipments to the degree anticipated by recent industry projections. While existing railroads and ports have the capacity to handle current coal export volumes, much more infrastructure will be needed to meet surging foreign demand. A wide variety of new construction projects are under consideration to expand capacity and relieve congestion. These range from double-tracking existing Class I railroad rights of way to dredging …

Between The Kingdom And The Desert Sun: Human Rights, Immigration, And Border Walls, Moria Paz

Faculty Scholarship

A peculiar construction boom is in progress worldwide: border walls are being installed by wealthy countries at an unprecedented rate in order to control unwanted immigration by poor people. This Article asks why, almost a quarter of a century after the Iron Curtain came down, the walls are now going up again. It suggests a provocative answer: these separation barriers are a logical response by States to the way in which human rights law has been enforced in cases bearing on immigration. In other words, and counter-intuitively, the recent boom in border wall construction signals the success of the human …

[Introduction To] The Legal Universe: Observations On The Foundations Of American Law, Vine Deloria, Jr., David E. Wilkins

Bookshelf

According to Deloria and Wilkins, "Whenever American minorities have raised voices of protest, they have been admonished to work within the legal system that seek its abolition." This essential work examines the historical evolution of the legal rights of various minority groups and the relationship between these rights and the philosophical intent of the American founders.

Sexual Orientation, Discrimination, And The Universal Declaration Of Human Rights, Sharon Yecies

Chicago Journal of International Law

Like many governing bodies today, the United Nations is facing the question of whether laws that discriminate on the basis of sexual orientation are legitimate. In particular, there is a current debate in the United Nations about whether Article 2 of the Universal Declaration of Human Rights (UDHR) (providing protection against discrimination on the basis of among other things, race, color, sex, national origin, or "other status") protects against discrimination on the basis of sexual orientation. This Comment will discuss the importance of this question in the UN today, and analyze whether protection based on sexual orientation is included in …

Dainty Hands: Perceptions Of Women And Crime In Sherlock Holmes Stories, Hadar Aviram

Faculty Scholarship

No abstract provided.

The Present And Future Of Plea Bargaining: A Look At Missouri V. Frye And Lafler V. Cooper, Wesley Macneil Oliver

Law Faculty Publications

No abstract provided.

The Modern History Of Probable Cause, Wesley Macneil Oliver

Law Faculty Publications

We often assume that those who wrote the Constitution understood its terms in a way that bears at least some similarity to the way we understand those terms today. This assumption is essential to the legitimacy of using Framing Era sources to inform the meaning of Constitutional provisions that regulate this system. This assumption is incorrect for one of the most important terms in criminal procedure. Probable cause meant something very different to the Framers than it means to modem lawyers. Probable cause was, as a practical matter, often nothing more than a pleading requirement for victims or officers who …

The Pennsylvania Law Record (1879-1880), Joel Fishman

Law Faculty Publications

The Pennsylvania Law Record is another short-lived legal periodical/ newspaper published in Philadelphia for slightly over a year between June 3, 1879 and June 29, 1880.

Annotated Brief Of Professors Of Public International Law And Comparative Law As Amici Curiae In Samantar V. Yousuf, Chimène Keitner

Faculty Scholarship

No abstract provided.

Acta And Its Complex Politics, Peter K. Yu

Faculty Scholarship

Written for a special issue on the politics of intellectual property, this article examines the "country club" approach the negotiating parties of the Anti-Counterfeiting Trade Agreement (ACTA) embraced to establish new and higher international intellectual property enforcement standards. It points out that the agreement is flawed not only because it is a country club agreement but also because it is a bad country club agreement.

The article then situates ACTA in the context of a recent trend of using bilateral, plurilateral and regional trade and investment agreements to circumvent the multilateral norm-setting process. It contends that this disturbing trend could …

Stones Of Hope: How African Activists Reclaim Human Rights To Challenge Global Poverty. Edited By Lucie E. White And Jeremy Perelman. Stanford, Ca:Stanford University Press, 2010 [Book Review], Dana Neacsu

Law Faculty Publications

This is a book review of Stones of Hope: How African Activists Reclaim Human Rights to Challenge Global Poverty. Lucie E. White and Jeremy Perelman (eds.). Stanford, CA: Stanford University Press, 2010. PP.280. ISBN 9780804769198. US$70.00 International Journal of Legal Information, 39, pp. 101-103.

Political Satire And Political News: Entertaining, Accidentally Reporting Or Both? The Case Of The Daily Show With Jon Stewart (Tds), Dana Neacsu

Law Faculty Publications

For the last decade, The Daily Show with Jon Stewart (TDS), a (Comedy Central) cable comedy show, has been increasingly seen as an informative, new, even revolutionary, form of journalism. A substantial body of literature appeared, adopting this view. On closer inspection, it became clear that this view was tenable only in specific circumstances. It assumed that the comedic structure of the show, TDS' primary text, promoted cognitive polysemy, a textual ambiguity which encouraged critical inquiry, and that TDS' audiences perceived it accordingly. As a result I analyzed, through a dual - encoding/decoding - analytical approach, whether TDS' comedic discourse …

Foreword, James D. Cox, Herbert S. Wander

Law and Contemporary Problems

A toast to the Model Business Corporation Act (MBCA), and especially its forefathers, on its 60th Birthday! Now at age 60, the MBCA is still vibrant, meaningful, and it forms the bedrock for the health of the United States corporate economy.

The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John F. Olson, Aaron K. Briggs

Law and Contemporary Problems

No abstract provided.

Rules, Standards, And The Model Business Corporation Act, Michael P. Dooley

Law and Contemporary Problems

No abstract provided.

2.02(B)(4) Or Not 2.02(B)(4): That Is The Question, Bryn R. Vaaler

Law and Contemporary Problems

No abstract provided.

On Corporate Codification: A Historical Peek At The Model Business Corporation Act And The American Law Institute Principles Through The Delaware Lens, E. Norman Veasey

Law and Contemporary Problems

No abstract provided.

Delaware Corporate Law And The Model Business Corporation Act: A Study In Symbiosis , Jeffrey M. Gorris, Lawrence A. Hamermesh, Leo E. Strine Jr.

Law and Contemporary Problems

No abstract provided.

The 1970s: The Committee On Corporate Laws Joins The Corporate Governance Debate, Marshall L. Small

Law and Contemporary Problems

No abstract provided.

The New “Public” Corporation, Hillary A. Sale

Law and Contemporary Problems

No abstract provided.

Comply-And-Explain: Should Directors Have A Duty To Inform?, John C. Wilcox

Law and Contemporary Problems

Wilcox discusses the compliance of the duty to inform of directors of publicly held companies. The expected long-term impact of a duty to inform would be to "operationalize" corporate governance policies and accustom boards to provide greater transparency about their deliberations and decisions on matters relating to governance, business oversight, and strategy. Regardless of whether a directors' duty to inform can be inferred from the Model Business Corporation Act or other provisions of state law, it could be implemented through the adoption of a charter or bylaw amendment initiated by the board or by shareholders.