Law Commons^™

Svensk Aktiebolagsrätt, Torsten Sandström

Torsten Sandström

No abstract provided.

Lessons From The Field: First Impressions From Second Generation Negotiation Teaching, Kenneth Fox, Manon Schonewille, Esra Çuhadar-Gürkaynak

Kenneth H Fox

In May, 2008, an international group of 50 negotiation scholars and teachers met in Rome, Italy, to launch a four year project to rethink negotiation theory and pedagogy. From its inception, the Rethinking Negotiation Teaching project (NT 2.0 project) has had two primary goals: to significantly advance our understanding of the negotiation process in all its complexity; and to improve how we teach others about negotiation. The first year of this four-year project focused on generating new ideas and approaches to negotiation scholarship and teaching. Some of this scholarship was published in the book Rethinking Negotiation Teaching and some in …

Extraordinary Justice, David Gray

David C. Gray

This article is squarely opposed to views advanced by Eric Posner, Adrian Vermeule, and others that transitional justice is just a special case of “Ordinary Justice.” Paying special attention to debates about reparations, this article argues that transitional justice is extraordinary, reflecting the source and nature of atrocities perpetrated under an abusive regime, and focused on the challenges and goals that define transitions to democracy. In particular, this Article argues that transitional justice is not profane, preservative, and retrospective, but, rather, Janus-faced, liminal, and transformative. The literature on reparations in transitions is divided between critics who regard reparations as quasi-tort …

The Post-9/11 Discourse Revisited: The Self-Image Of The International Legal Scientific Discipline, Ulf Linderfalk

Ulf Linderfalk

A few years ago, the legality of Operation Enduring Freedom (OEF) was a topic much discussed in the international legal literature. This article approaches the problem from a new angle. Rather than investigating the relevant issue of legal substance – whether or not OEF was ever consistent with international law – the article focuses attention on the general scholarly performance in dealing with this issue. Scrutinizing the literature published immediately following upon the events of 11 September 2001, the author suggests that overall, the scholarly debate on the legality of OEF did not live up to the standards normally applied …

Teaching Advocacy Skills In The Context Of Moot Court Competitions (With Professor Joanne Hodge), Ardath Hamann

Ardath A. Hamann

No abstract provided.

The Values Of An Old Crank: A Response To Professor Taylor's Critique Of The Case Method, Brigham Fordham

Brigham A Fordham

No abstract provided.

Making Effective Use Of Practitioners' Briefs In The Law School Curriculum, Anna Hemingway

Anna P. Hemingway

Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (Forthcoming), David Schwartz

David L. Schwartz

No abstract provided.

Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss), Harlan Onsrud, James Campbell, Bastiaan Van Loenen

Harlan J Onsrud

Access to earth observation data has become critically important for the wellbeing of society. A major impediment to achieving widespread sharing of earth observation data is lack of an operational web-wide system that is transparent and consistent in allowing users to legally access and use the earth observations of others without seeking permission from data contributors or investigating terms of usage on a case-by-case basis. This article explores approaches to supplying a license-based system to overcome this impediment in the context of the Global Earth Observation System of Systems. It discusses the benefits and drawbacks of the explored approaches and …

Reweaving The Fabric Of Society: Restorative Justice In The United States, Kenneth Fox

Kenneth H Fox

This article provides an overview of restorative justice practices in the United States. It offers a brief history of the field, articulates its underlying values, and describes its primary forms of practice. The purpose of this article is to introduce readers to an emerging and important way to re-think how citizens relate to one another and to the “state” when crime occurs.

Constitutional Torts: Cases, Comments And Questions (With M. Wells & T. Eaton) (Supp. 2011-12), Sheldon Nahmod

Sheldon Nahmod

No abstract provided.

Service Of A "Proper Request" Upon The Plan Administrator: A Key Step In Defending Against Erisa Reimbursement Claims, Roger Baron

Roger Baron

No abstract provided.

The Perpetual Influence Of The Master Of The Rule Against Perpetuities: A Tribute To Fred Schwartz, Lawrence Hellman

Lawrence K. Hellman

No abstract provided.

Let’S “Transform” The Colts The Way We Do Public Schools: Phase 1, Jeff Abbott

Jeff Abbott

This article, done tongue-in-cheek, uses sarcasm to parallel the need to reform public education with the need to reform the Indianapolis Colts.

Commentary On Predicting Crime, Tom Bell

Tom W. Bell

The market mechanisms proposed in Predicting Crime offer many virtues. The authors describe several of these—unbiased information collection; incentives that encourage disclosure; opinions weighted by conviction; information aggregation; instantaneous and continuous feedback—and convincingly argue that these structural features stand to help prediction markets outperform alternative institutions in forecasting the interplay of crime rates and crime polices. In that, Predicting Crime adopts an economic point of view and speaks in terms of practical experience. After all, similar structural features have already appeared in other successful prediction markets, such as those offering trading in claims about the weather, flu outbreaks, or box …

Symposium: Perspectives On Fundamental Rights In South Asia, Anil Kalhan

Anil Kalhan

This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In …

Bankruptcy Overview: Issues, Law And Policy, Juliet Moringiello

Juliet M Moringiello

No abstract provided.

Acquiring A Flavor For Trademarks: There’S No Common Taste In The World, Amanda Compton

Amanda E. Compton

This paper considers the viability of registering “flavor” as a trademark based on the decision in In re N.V. Organon. Nontraditional trademarks have long been accepted in the United States, and the possibility of being able to protect flavor as a trademark is on the horizon. In 2002, N.V. Organon, a global manufacturer of an array of prescription medicines, filed a trademark application to register “an orange flavor” for “pharmaceuticals for human use, namely, antidepressants in quick-dissolving tablets and pills.” The Examining Attorney refused registration on two grounds: (1) the matter failed to function as a trademark; and (2) the …

Structural Guarantees - The Union's Last Best Hope Against National Arbitrariness, Angelica Ericsson

Angelica Ericsson

In line with current tendencies of ‘new governance’, this article will introduce a novel judicial tool which strikes a balance between the respect for national assessments and the effective implementation of Union law.This balance can be struck through the demands of structural guarantees; administrative safeguards, which weed out arbitrary national decision-making. The provision of transparent and accessible legislation, administrative procedures based on objective criteria, as well as the access to effective judicial review are all specific examples of structural guarantees. Together they create a system of checks to prevent discretion from turning into arbitrariness. All of these demands are ultimately …

Silos, Corporate Law, And Bankruptcy Law, Lawrence Hamermesh

Lawrence A. Hamermesh

No abstract provided.