Table Of Contents,
2016
University of Richmond
Table Of Contents
Richmond Public Interest Law Review
Table of Contents for the Richmond Journal of Law and the Public Interest Symposium 2015 Issue
Confronting Power In Public Law,
2016
Columbia Law School
Confronting Power In Public Law, Kate Andrias
Faculty Scholarship
In his important and provocative Foreword, Professor Daryl Levinson criticizes American constitutional law for failing to attend sufficiently to questions of power, which he defines as “the ability to effect substantive policy outcomes by influencing what the government will or will not do.” As Levinson details, structural constitutional law has focused on how power is distributed among governmental institutions. It has not consistently or adequately considered how power is – or should be – distributed among social groups. Ultimately, Levinson suggests that the narrow focus of separation of powers law and theory on “equalizing the power of government institutions” lacks …
Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change,
2016
Duke Law School
Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith
Faculty Scholarship
There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …
Government As Owner Of Intellectual Property? Considerations For Public Welfare In The Era Of Big Data,
2016
Vanderbilt University Law School
Government As Owner Of Intellectual Property? Considerations For Public Welfare In The Era Of Big Data, Ruth L. Okediji
Vanderbilt Journal of Entertainment & Technology Law
Open government data policies have become a significant part of innovation strategies in many countries, allowing access, use and re-use of government data to improve government transparency, foster civic engagement, and expand opportunities for the creation of new products and services. Rarely, however, do open data policies address intellectual property rights that may arise from free access to government data. Ownership of knowledge goods created from big data is governed by the default rules of intellectual property laws which typically vest ownership in the creator/inventor. By allowing, and in some cases actively encouraging, private capture of the downstream goods created …
Alternatives To March-In Rights,
2016
Vanderbilt University Law School
Alternatives To March-In Rights, David S. Bloch
Vanderbilt Journal of Entertainment & Technology Law
The Bayh-Dole Act is an inspired piece of legislation. But its "march-in" provisions are too often a source of confusion and fear for private-sector companies that want to do business with the US government--despite the fact that the government has never exercised its march-in rights. Are there alternatives to march-in rights that would effectively serve the government's public policy needs while eliminating this perceived threat to private intellectual property rights? This Article describes march-in rights in theory and practice, and then weighs several alternatives to traditional Bayh-Dole march-in rights.
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons,
2016
University of the District of Columbia
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson
Faculty Articles
What is the constitutional significance of the proverbial “keep off the grass” sign? This question—asked by curmudgeonly neighbors everywhere—has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding—and control over—access to property, “the people” may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education and empowerment: Fourth Amendment LAWn signs. With every …
Tax Planning And Policy Drift,
2016
University of Colorado Law School
Tax Planning And Policy Drift, Sloan G. Speck
Publications
This Article proposes a framework for analyzing how private-sector legal interpretations influence public policy. Political scientists and legal scholars use the terms “bureaucratic drift” and “legislative drift” to describe how administrative agencies and future legislative coalitions affect public policy enacted by Congress. This Article identifies a third category of policy drift: “planning drift.” Planning drift describes deviations from an enacting legislature’s policy preferences that result from private experts’ interpretations of existing law. After Congress enacts a statute, the first people to interpret and apply the new legislation generally are not regulators or judges, but instead are private experts, such as …
Affordable Care Act Fails For Lack Of Uniformity,
2016
University of Florida Levin College of Law
Affordable Care Act Fails For Lack Of Uniformity, Steven J. Willis, Hans G. Tanzler Iv
University of Florida Journal of Law & Public Policy
No abstract provided.
Still Searching For The Tzutzu Flower: Cautions Against Extending The Federal Analogue Act Of 1986,
2016
University of Florida Levin College of Law
Still Searching For The Tzutzu Flower: Cautions Against Extending The Federal Analogue Act Of 1986, Audrey Redford
University of Florida Journal of Law & Public Policy
No abstract provided.
Copyright Infringement And The Fair Use Defense: Navigating The Legal Maze,
2016
Florida Gulf Coast University
Copyright Infringement And The Fair Use Defense: Navigating The Legal Maze, Daniel P. Fernandez, H. Wayne Cecil, Alex R. Figares
University of Florida Journal of Law & Public Policy
No abstract provided.
Rated "M" For Misleading: How Deceptive, Anti-Consumer Practices In The Videogame Industry Became The New Norm,
2016
University of Florida Levin College of Law
Rated "M" For Misleading: How Deceptive, Anti-Consumer Practices In The Videogame Industry Became The New Norm, Luis Baez
University of Florida Journal of Law & Public Policy
No abstract provided.
Other Markets, Other Costs: Modernizing Antitrust,
2016
University of Florida Levin College of Law
Other Markets, Other Costs: Modernizing Antitrust, Jeffrey L. Harrison
University of Florida Journal of Law & Public Policy
No abstract provided.
Fixing Witness Oaths: Shall We Retire The Rewarder Of Truth And Avenger Of Falsehood?,
2016
Drake University Law School
Fixing Witness Oaths: Shall We Retire The Rewarder Of Truth And Avenger Of Falsehood?, Allan W. Vestal
University of Florida Journal of Law & Public Policy
No abstract provided.
"Should I Stay Or Should I Go Now": Analyzing The Federal Prosecution Of Aliens Who Attempt To Stop Living Unlawfully In The United States,
2016
University of Florida Levin College of Law
"Should I Stay Or Should I Go Now": Analyzing The Federal Prosecution Of Aliens Who Attempt To Stop Living Unlawfully In The United States, Sergio Garcia
University of Florida Journal of Law & Public Policy
No abstract provided.
Public Accomodation Statutes, Sexual Orientation And Religious Liberty: Free Access Of Free Exercise?,
2016
Georgia Institute of Technology
Public Accomodation Statutes, Sexual Orientation And Religious Liberty: Free Access Of Free Exercise?, Lucien J. Dhooge
University of Florida Journal of Law & Public Policy
No abstract provided.
Emerging Clinical Research Demonstrates The Importance Of Adhering To Federal Sentencing Guidelines For Defendants Convicted Of Possession Of Child Pornography,
2016
University of Florida Levin College of Law
Emerging Clinical Research Demonstrates The Importance Of Adhering To Federal Sentencing Guidelines For Defendants Convicted Of Possession Of Child Pornography, Margaret A. Beck
University of Florida Journal of Law & Public Policy
No abstract provided.
Guerilla Warefare: The Importance Of Pharmaceutical Company Support, Or Lack Thereof, In The Constitutionality Of The Death Penalty In The United States,
2016
University of Florida Levin College of Law
Guerilla Warefare: The Importance Of Pharmaceutical Company Support, Or Lack Thereof, In The Constitutionality Of The Death Penalty In The United States, Megan Doyle
University of Florida Journal of Law & Public Policy
No abstract provided.
Reputation Will Teach The Sharing Economy To Share,
2016
University of Florida Levin College of Law
Reputation Will Teach The Sharing Economy To Share, Daniel K. Mcdonald
University of Florida Journal of Law & Public Policy
No abstract provided.
The Battle Of Disclosure Versus Privacy: Corporate Executives' Personal, Private Facts,
2016
University of Florida Levin College of Law
The Battle Of Disclosure Versus Privacy: Corporate Executives' Personal, Private Facts, Thomas Lair
University of Florida Journal of Law & Public Policy
No abstract provided.
These Aren't The Fees You're Looking For: Why Attorney's Fees Should Not Open The Door To Federal Court,
2016
University of Florida Levin College of Law
These Aren't The Fees You're Looking For: Why Attorney's Fees Should Not Open The Door To Federal Court, Clay Weinstein
University of Florida Journal of Law & Public Policy
No abstract provided.
