Law Commons^™

9/11 And The Transformation Of U.S. Immigration Law And Policy, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Secret Inventions, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

Patent law - and innovation policy more generally - has traditionally been conceptualized as antithetical to secrecy. Not only does the patent system require inventors to publicly disclose their inventions in order to receive a patent, but various patent doctrines are designed to encourage inventors to forego trade secrecy. This Article offers a critique of the law’s preference for patents. In particular, this Article examines whether and under what circumstances the law should prefer patents over secrets, and vice versa.

As an initial step towards a theoretically-supported system of inventor incentives, this Article constructs a framework that attempts to balance …

Sector-Specific Competition Enforcement At The Fcc, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

This comment explains how and why sector-specific enforcement by the Federal Communications Commission (FCC) complements generalist competition enforcement by the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC), to the benefit of competition in the communications industry. It illustrates ways in which a sector-specific agency such as the FCC can foster competition by comparing merger reviews by the FCC and DOJ in the wake of the 1996 Telecommunications Act.

Comcast/Nbcu: The Fcc Provides A Roadmap For Vertical Merger Analysis, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

The FCC’s analysis of the Comcast-NBCU transaction fills a gap in the contemporary treatment of vertical mergers by providing a roadmap for courts and litigants addressing the possibility of anticompetitive exclusion. The FCC identified the factors any judicial or administrative tribunal would likely consider today in analyzing whether a vertical merger would lead to anticompetitive input or customer foreclosure, and a range of economic methods potentially relevant to applying that template to the facts of a transaction. Notwithstanding the difference between administrative adjudication under a public interest standard and judicial decision-making under the Clayton Act, the legal framework and economic …

'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This essay is a contribution to a symposium on international NGO accountability. It distinguishes between "internal" accountability for NGOs (fiduciary standards, fiscal and internal governance controls, etc.) and "external" accountability (the legitimacy with which they act in the international world, and the legitimacy which they confer upon others, and why). The essay focuses upon the latter, external accountability, and argues that the transformation of international NGOs into "global civil society" signaled an ideological move with regards to legitimacy in the global community, one which asserted claims of "representativeness" and not merely interest or expertise. The essay criticizes this legitimacy move, …

Examining Entrenched Masculinities Within The Republican Government Tradition, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

“May all our citizens be soldiers, and all our soldiers citizens,” Sarah Livingston Jay toasted to revelers celebrating the Revolutionary War in 1789. She expressly conveyed what this article describes as the “foundational fusion” of republican government traditions coupling the military service of citizens-soldiers with male political citizenship. While the core of this fusion is deep, long-standing, and well-documented, this article explores the implicit tensions conveyed in her toast – the dominant masculinity dimensions of this foundational fusion. How do women and black men historically gain full political citizenship and effectuate republican government guarantees given its anchoring in entrenched dominant …

Natural Resource “Conflicts” In The U.S. Southwest, William Snape

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Environmental laws and the ecosystems they support are under attack. Intermittently since the Reagan administration and increasingly since the 2008 economic collapse, certain politicians and their industry sponsors have inundated the media with angry rhetoric, blaming historic job losses on "overregulation."' Environmental laws are a frequent target of these politicians who often benefit from contributions supplied by the fossil fuel and mining industries. Ignoring the successes of these laws- cleaner air, cleaner water, and recovering imperiled wild species and habitat-they claim that environmental regulations are "job killers." Reflecting the success of these claims, the recent House Fiscal Year 2012 …

Amicus Curiae Brief On The Practice Of Cumulative Charging Before International Criminal Bodies Submitted To The Appeals Chamber Of The Special Tribunal For Lebanon Pursuant To Rule 131 Of The Rules Of Procedure And Evidence, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

On 7 February 2011, President of the Special Tribunal for Lebanon (STL), Antonio Cassese, issued a general invitation to, inter alia, nongovernmental organizations and academic institutions to submit briefs on specic issues related to the 15 preliminary questions addressed to the judges of the Appeals Chamber pursuant to Rule 68(G) of the Rules of Procedure and Evidence (RPE). On 11 February 2011, the War Crimes Research Oce (WCRO) of the American University Washington College of Law submitted an amicus curiae brief under Rule 131 of the RPE addressing the specific question of whether cumulative charging is an accepted practice before …

Precedent, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl

Faculty Publications

Legal change is a fact of life, and the need to deal with it has spawned a number of complicated bodies of doctrine. Some aspects of the problem of legal change have been studied extensively, such as doctrines concerning the retroactivity of new law and the question whether inferior courts can anticipatorily overrule a moribund superior court precedent. How such questions are answered affects the size and the distribution of the costs of legal change. Less appreciated is the way that heretofore almost invisible matters of appellate procedure and case handling also allocate the costs of legal transitions. In particular, …

The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone

Faculty Publications

No abstract provided.

Erie’S Suppressed Premise, Michael S. Green

Faculty Publications

No abstract provided.

Horizontal Erie And The Presumption Of Forum Law, Michael S. Green

Faculty Publications

According to Erie Railroad v. Tompkins and its progeny, a federal
court interpreting state law must decide as the state’s supreme
court would. In this Article, I argue that a state court interpreting
the law of a sister state is subject to the same obligation. It must
decide as the sister state’s supreme court would.

Horizontal Erie is such a plausible idea that one might think it is
already established law. But the Supreme Court has in fact given
state courts significant freedom to misinterpret sister-state law. And
state courts have taken advantage of this freedom, by routinely presuming
that …

Evidence (Routledge Handbook Of International Criminal Law), Nancy Amoury Combs

Faculty Publications

No abstract provided.

The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer

Faculty Publications

No abstract provided.

The Judiciary In Political Transitions: The Critical Role Of U.S. Constitutionalism In Latin America, Nuno Garoupa, Maria A. Maldonado

Faculty Scholarship

This paper proposes a theory that explains how political transitions deal with incumbent judiciaries. We argue that a new political regime compares the benefit of reshaping the judiciary with loyal appointees against the political and economic costs of directly interfering, including the cost of international reputation. There are several forms of interventionism including court packing, court purging, and violence against the judiciary. We discuss political transitions in Europe and Latin American civil law jurisdictions through the lens of our theory. We argue that American constitutional influence plays a critical role. In addition, we provide a detailed analysis of the recent …

Foreword, Jonathan Hafetz

Seton Hall Law Review

No abstract provided.

Report On Guantánamo Detainees: A Profile Of 517 Detainees Through Analysis Of Department Of Defense Data, Mark Denbeaux, Joshua Denbeaux

Seton Hall Law Review

No abstract provided.

No-Hearing Hearings: An Analysis Of The Proceedings Of The Combatant Status Review Tribunals At Guantánamo, Mark Denbeaux, Joshua Denbeaux

Seton Hall Law Review

No abstract provided.

The Guantánamo Detainees During Detention: Data From Department Of Defense Records, Mark Denbeaux, Joshua Denbeaux

Seton Hall Law Review

No abstract provided.

Profile Of Released Guantánamo Detainees: The Government's Story Then And Now, Mark Denbeaux, Joshua Denbeaux

Seton Hall Law Review

No abstract provided.

Captured On Tape: Interrogation And Videotaping Of Detainees At Guantánamo, Mark Denbeaux, Joshua Denbeaux

Seton Hall Law Review

No abstract provided.

Torture, Who Knew? An Analysis Of The Fbi And Department Of Defense Reactions To Harsh Interrogation Methods At Guantánamo, Mark Denbeaux, Joshua Denbeaux

Seton Hall Law Review

No abstract provided.

How I Learned To Stop Worrying And Love The Military Commissions, Joshua L. Dratel

Seton Hall Law Review

No abstract provided.

Habeas, Informational Asymmetries, And The War On Terror, Jon Connolly, Mark D. Falkoff

Seton Hall Law Review

No abstract provided.

Confronting Ethical Issues In National Security Cases: The Guantánamo Habeas Litigation, Shayana Kadidal

Seton Hall Law Review

No abstract provided.

Lawyering In A Vacuum, James A. Cohen

Seton Hall Law Review

No abstract provided.

The D.C. Circuit After Boumediene, Stephen I. Vladeck

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 41, No. 4 2011

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 41, No. 4 2011

Seton Hall Law Review

No abstract provided.