bluuebunny/crossref_metadata_2025 huggingface dataset:
The McDonnell Case: A Clarification of Corruption Law or a Confusing Application of Corruption Law
Authors: Chambers Henry L.
Published: July 2018

This article discusses two additional issues the McDonnell case raises. The first issue is how much evidence is necessary to sustain a conviction for attempting to obstruct an official proceeding. Mrs. McDonnell was convicted of attempting to obstruct the grand jury in this case for sending a misleading note to Williams, but her actions were deemed insufficient to support her obstruction conviction. The other issue relates to the McDonnells' sentencing. The sentences they received were much shorter than the sentences calculated using the United States Sentencing Guidelines. This article considers the official act issue, the obstruction issue, and the sentencing issue. Part I describes the relationship between the McDonnells and Williams. Part II discusses what official acts a public official must take to be guilty under the public corruption statutes the McDonnells were convicted of violating. Part III discusses Mrs. McDonnell's obstruction charge. Part IV discusses issues surrounding the McDonnells' sentencing.
Electronic Service of Process: A Practical and Affordable Option
Authors: Chen Annie
Published: July 2018

Cornell Law School J.D. Student Research Papers. 39It is not enough that courts have the ability to exercise control over persons and property. The Supreme Court has held that at a minimum, the due process requirement of the Fourteenth Amendment includes notice of the proceedings] Thus before a State can legitimately exercise such power its jurisdiction must be perfected by effectuated service of process. Service of process is the formal presentation of instruments that initiate legal action against a person or property. It is the method by which a defendant is formally notified that an action against her is pending and marks the beginning of a defendant’s involvement. In most instances, service must be in person by delivery of the complaint and summons.The noted advantage is that personal service better guarantees actual notice of the pendency of a legal action.Since the middle of the 20th century, service of process – and personal jurisdiction – have evolved to accommodate practical obstacles of personal service arising from the increased mobility of individuals and the rise of interstate commerce by permitting more indirect methods of service, substituted and constructive service. The Court announced the standard in Mullane v. Central Hanover Bank & Trust Co. that notice to the parties must be “reasonably calculated under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”With this standard, the Court authorized notice by publication and held that such a method satisfied due process when the relevant parties’ addresses were unknown and could not be discovered with due diligence.Since Mullane, courts have not only authorized alternative methods of service but have held that such approaches satisfy due process where more traditional methods -- personal, published, and registered mail – are inadequate. Requirements for service of process have been relaxed concurrently with a trend towards increasing mobility.
Analysis of Freedom of Information for its Effect on Society by Considering 2011, the Year of the Arab Spring
Authors: Callister Paul Douglas , Everson Kimberlee C.
Published: July 2018

2011, the year of the Arab Spring, presents a unique opportunity to look back and study how the relative freedom and development of information environments affect stability in nations throughout the Middle East and world. Such study raises interesting questions about whether freedom of information and speech are ultimately stabilizing influences for society in terms of loyalty, violence and political unrest—questions all the more important as societies face the onslaught of the internet, mobile devices and cell phones. Are non-democratic regimes “better off” by monopolizing and controlling the flow of information over new information channels? Are democratic societies, particularly developing democracies, more stable when the flow of information over such channels is relatively unrestricted? While these questions are not definitively answered, valuable insights into the relationship of information environments and stability are gained by the Market for Loyalties theory and the empirical study advanced by this article.
Software Patents: A One-Year Review of Alice v. CLS Bank
Authors: Tran Jasper L.
Published: July 2018

Journal of the Patent and Trademark Office Society, Vol. 97, p. 532, 2015
Copyright and Research in Google Book Search
Authors: Keele Benjamin John
Published: July 2018

Keele, B. J. (2011). Copyright and research in Google book search. Virginia Lawyer, 60(3), 46-49.
Thinking Like a Research Expert: Schemata for Teaching Complex Problem-Solving Skills
Authors: Callister Paul Douglas
Published: July 2018

The difference between expert and novice problem-solvers is that experts have organized their thinking into schemata or mental constructs to both see and solve problems. This article demonstrates why schemata are important, arguing that schemata need to be made explicit in the classroom. It illustrates the use of schemata to understand and categorize complex research problems, map the terrain of legal research resources, match appropriate resources to types of problems, and work through the legal research process. The article concludes by calling upon librarians and research instructors to produce additional schemata and develop a common hierarchical taxonomy of skills, a “Bloom’s Taxonomy,” which would define problem-solving skills more precisely and set benchmarks for assessment.This is a draft copy only. The published version appears in 28 LEGAL REFERENCES SERVICES QUARTERLY 31-51 (2009), which version should be cited in subsequent publications.
Abolish Anonymous Reporting to Child Abuse Hotlines
Authors: Cecka Dale Margolin
Published: July 2018

Part I of this Article traces the history of child abuse reporting hotlines. Part II describes the current law and practice behind child abuse reporting hotlines. Part III examines why anonymous reporting by the public is unnecessary and highly susceptible to abuse. Part IV analyzes the constitutional rights at stake in anonymous reporting, citing federal case law that contradicts current practice. Part V concludes with a proposal to abolish anonymous reporting and require all public reporting hotlines to adhere to published, written policies.
Sex-selective Abortion Bans: Anti-immigrant or Anti-abortion?
Authors: Kalantry Sital
Published: July 2018

In the last five years, over half of the state legislatures in the United States have considered banning sex-selective abortion because of the (false) belief that Asian Americans are disproportionately giving birth to more boys than are European Americans. Supported by the data that applies to a very small subset of Asian Americans, proponents of the law stereotype Asian Americans by assuming that their birthing patterns are the same as those of people in India and China.Because of the undue focus on Asian immigrants in the discussions of sex selection bans, the real conversation that should occur in the American democratic system is short-circuited. States legislators and voters fail to discuss whether or not sex selection is a gateway to eugenics concerns, whether or not sex selection perpetuates gender stereotypes, and whether or not sex selection should be used for family balancing. Any bans on sex-selective abortion should take these issues into account and should not be based on misinformed views about the practices of Asian immigrants in the United States.Published: Sital Kalantry, "Sex-Selective Abortion Bans: Anti-Immigration or Anti-Abortion?", 16 Georgetown Journal of International Affairs (2015)
(De)Regulating Neuroenhancement
Authors: Tran Jasper L. , Tran Derek Tri
Published: July 2018

University of La Verne Law Review, Vol. 37, p. 179, 2015
Rustic Justice: Community and Coercion under the Federal Arbitration Act
Authors: Stone Katherine V.W.
Published: July 2018

77 North Carolina Law Review 931 (1999)Arbitration clauses are appearing in a wide variety of consumer transactions, including routine product purchase forms, residential leases, housing association charters, medical consent forms, banking and credit card applications, and employment handbooks. In the past fifteen years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) so as to grant tremendous deference to private arbitral tribunals. By doing so, it has altered the landscape of civil litigation, taking many consumer claims out of the legal system and relegating them to private tribunals. In this Article, Professor Stone assesses the recent trend toward the privatization of civil justice in light of the history of the FAA. The author finds that the FAA, when enacted in 1925, embodied a vision of voluntarism, delegation, and self-regulation within the business and commercial communities. Arbitration under the FAA was conceived as an institution that reflected and defined membership in a shared normative community. She criticizes recent judicial interpretations that condone the use of arbitration to resolve disputes between individuals and entities who, far from sharing in a common normative community, occupy vastly different positions of power vis-à-vis each other. These expansive interpretations facilitate the exercise of invisible coercion in many facets of contemporary life. To remedy the abuses of arbitration, the author proposes that courts adopt a two-tiered approach, in which the degree of deference they grant to arbitral proceedings varies depending upon whether the dispute is between insiders to a self-regulating community or between an outsider and an insider.
Incomprehensible Discrimination
Authors: Grimmelmann James , Westreich Daniel
Published: July 2018

The following (fictional) opinion of the (fictional) Zootopia Supreme Court of the (fictional) State of Zootopia is designed to highlight one particularly interesting issue raised by Solon Barocas and Andrew Selbst in Big Data’s Disparate Impact.1 Their article discusses many ways in which data-intensive algorithmic methods can go wrong when they are used to make employment and other sensitive decisions. Our vignette deals with one in particular: the use of algorithmically derived models that are both predictive of a legitimate goal and have a disparate impact on some individuals. Like Barocas and Selbst, we think it raises fundamental questions about how anti-discrimination law works and about what it ought to do. But we are perhaps slightly more optimistic than they are that the law already has the doctrinal tools it needs to deal appropriately with cases of this sort.After the statement of facts and procedural history, you will be given a chance to pause and reflect on how the case ought to be decided under existing United States law. Zootopia is south of East Dakota and north of West Carolina. It is a generic law-school hypothetical state, where federal statutes and caselaw apply, but without distracting state-specific variations. The citations to articles, statutes, regulations, and cases are real; RDL v. ZPD and Hopps v. Lionheart are not.2 Otherwise, life in Zootopia is much like life here, with one exception: It is populated entirely by animals. Published: 7 California Law Review Online 164 (2017) (responding to Solon Barocas and Andrew Selbst, Big Data’s Disparate Impact, 104 California Law Review 101 (2016))
NASKAH AKADEMIK PEDOMAN TEKNIS PERATURAN DESA
Authors: Umanailo Muhamad Chairul Basrun , Hentihu Idrus , Nawawi Mansyur , Bula M. , Hamid Iskandar , Ningkeula Edy Said , Umanailo Rosita , Jumu La , Bahasoan Husen , Assagaf Said Abdurahman
Published: July 2018

Reformasi penyelenggaraan pemerintahan desa pada hakekatnya adalah suatu proses pembalikan paradigma politik, dimana proses demokratisasi yang selama Orde Baru berproses dari atas, kemudian dibalik melalui proses yang berangkat dari desa. Dalam paradigma baru tersebut, desa merupakan kesatuan hukum yang otonom dan memiliki hak dan wewenang untuk mengatur rumah tangga sendiri
Information Policy for the Library of Babel
Authors: Grimmelmann James
Published: July 2018

3 Journal of Business & Technology 29 (2008)The image of Borges's Library of Babel, which contains all possible books, is haunting and suggestive. This essay asks what we would do if we were advising a Federal Library Commission on how to deal with the Library's vast holdings and overwhelming disorganization. This thought exercise provides a set of sensible principles for information policy in an age of extreme informational abundance.
The Categorical Lucas Rule and the Nuisance and Background Principles Exception
Authors: Brown Carol N.
Published: July 2018

This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina Coastal Council, 1 specifically focusing on the Lucas nuisance exception. I surveyed approximately 1,600 reported regulatory takings cases decided since the Lucas decision involving Lucas takings challenges. I identified the statutory nuisance cases in which state and local governments unsuccessfully asserted the Lucas nuisance exception as a defense to the courts' findings of a Lucas taking. This article examines the prospective potential of these cases for assisting private property owners in enhancing private property rights protections within the area of regulatory takings.
Review of Legislative Drafting Step-by-Step
Authors: Keele Benjamin John
Published: July 2018

Keele, B. J. (2014). Review of Legislative Drafting Step-by-Step. International Journal of Legal Information 42(1), 158-160.
Frozen Conflicts and International Law
Authors: Grant Thomas D.
Published: July 2018

Cornell International Law Journal: Vol. 50 : No. 3 , Article 1.Scholars (mostly in international relations and politics) and policymakers (in various countries) have referred to a series of conflicts in the space of the former USSR as “frozen conflicts.” Because some now speak of new “frozen conflicts” emerging, it is timely to ask what— if any— legal meaning this expression contains. Moreover, how we characterize these conflicts affects legal and other procedures the parties and others might apply to resolve them. Beyond the open questions of semantics and taxonomy, the so-called “frozen conflicts” merit attention because of their salience to the dispute settlement machinery that they so largely have frustrated.
Book Review of Socio-Economic Rights: Adjudication under a Transformative Constitution by Sandra Liebenberg
Authors: Kalantry Sital , Brundige Elizabeth
Published: July 2018

The South African Constitution is heralded for the broad protections it affords social and economic rights. In Socio-Economic Rights: Adjudication under a Transformative Constitution, Professor Sandra Liebenberg offers a thoughtful examination of the socioeconomic rights jurisprudence developed by South African courts since the adoption of the country’s current constitution fifteen years ago. In meticulous detail, she describes how the jurisprudence of the Constitutional Court and other South African courts has evolved in the area of socioeconomic rights. At the same time, she offers an incisive critique of this jurisprudence, identifying how it has too often been shaped by a narrow and formalistic conception of rights that overlooks their social justice purposes and reinforces deeply unequal social and economic relationships. Finally, Liebenberg offers suggestions for the future development of this jurisprudence in ways that would be more consonant with the transformative purposes of the South African Constitution.Published: Book Review of Socio-Economic Rights: Adjudication under a Transformative Constitution by Sandra Liebenberg, 34 Human Rights Quarterly 579 (2012) (with Elizabeth Brundige).
Don't End or Audit the Fed: Central Bank Independence in an Age of Austerity
Authors: Buchanan Neil H. , Dorf Michael C.
Published: July 2018

102 Cornell Law Review (2016)The Federal Reserve (the Fed) is the central bank of the United States. Because of its power and importance in guiding the economy, the Fed's independence from direct political influence has made it a target of ideologically motivated attacks throughout its history, with an especially aggressive round of attacks coming in the wake of the 2008 financial crisis and ongoing today. We defend Fed independence. We point to the Fed's exemplary performance during and after the 2008 crisis, and we offer the example of a potential future crisis in which Congress falls to increase the debt ceiling to show how the Fed's independence makes it the only entity that can minimize the damage during crises (both market-driven and policy-induced). We further argue that the Fed's independence is justified to prevent self-dealing by politicians, even when no crisis is imminent. Although the classic justification for Fed independence focuses on the risk that political actors will keep interest rates lower than appropriate for the long-term health of the economy, we show that Fed independence addresses the risk of self-dealing and other pathologies even when, as now, political actors favor tighter monetary policy than appropriate for the long-term health of the economy.
Some Thoughts Raised by Magna Carta: The Popular Re-Election of Judges
Authors: Bryson William Hamilton
Published: July 2018

This essay, first presented at the Magna Carta anniversary symposium of the Baronial Order of Magna Charta on April 16, 2015, at The Cosmos Club, in Washington, D.C., takes as its inspiration the spirit of the rule of law, as laid down in the Magna Carta. Specifically, the author argues that the popular election and reelection of judges undermines the rule of law, and democracy in general, by exposing judges to the manipulations of financial corruption, political intimidation, and the often irrational shifts in popular opinion. To correct this problem, the author calls for amendment of the thirty-nine state constitutions that require the popular reelection of judges in favor of another method of removing bad judges.
The Right to Punishment for International Crimes
Authors: Ohlin Jens David
Published: July 2018

On October 1, 2002, Magnus Gäfgen was taken into custody by the Frankfurt police in connection with the kidnapping of a young boy held for ransom. The police threatened Gäfgen with various forms of torture unless he divulged the location of the boy. Gäfgen quickly relented and led the police to the boy, who was already dead. Gäfgen was convicted of murder and the police were convicted of coercion. However, the district court concluded that the police, though culpable, were not appropriate subjects of punishment. Gäfgen, unhappy that his torturers were not punished, filed a case against Germany at the European Court of Human Rights (ECHR), arguing that Germany's failure to punish his torturers violated his human rights. The ECHR concluded that Gäfgen was right--the German government was obligated to punish perpetrators of torture, and by failing to do so adequately, Germany violated Gäfgen's human rights.The goal of this chapter is to show that the argument in Gäfgen is generalizable to other contexts. Although the case arose from a particular procedural posture, there is little reason to suspect that the arguments in Gäfgen will not hold for other crimes as well. At the very least, these arguments can be extended, without logical disruption, to other international crimes that states are under a legal obligation to criminalize, such as war crimes, crimes against humanity, and genocide. Moreover, if the structure of these arguments is conceptually sound, in theory they should apply outside of the European context, unless the argument is based on a particular right that is only protected by the European Convention and not by international law.This subtle change in emphasis -- moving from punishment as a license to punishment as a legal requirement -- has profound consequences for the operation of international criminal justice. States and international tribunals are required to punish perpetrators as a matter of human rights law, and their failure to follow through on this obligation violates not just some vague or inchoate ergo omnes obligation, it also violates an obligation owed directly to the victims of that particular atrocity. This applies not just when the perpetrators are not punished at all but also when the perpetrators, like in Gäfgen's case, are not punished severely enough.
Caught in the Cloud: Privacy, Encryption, and Government Back Doors in the Web 2.0 Era
Authors: Soghoian Christopher
Published: July 2018

Over the last few years, consumers, corporations and governments have rushed to move their data to “the cloud,” adopting web-based applications and storage solutions provided by companies that include Amazon, Google, Microsoft and Yahoo. Unfortunately the shift to cloud computing needlessly exposes users to privacy invasion and fraud by hackers. Cloud based services also leave end users vulnerable to significant invasions of privacy by the government, resulting in the evisceration of traditional Fourth Amendment protections of a person’s private files and documents. These very real risks associated with the cloud computing model are not communicated to consumers, who are thus unable to make an informed decision when evaluating cloud based services. This paper will argue that the increased risk that users face from hackers is primarily a result of cost-motivated design decisions on the part of the cloud providers, who have repeatedly opted to forgo strong security solutions already used in other Internet based industries. With regard to the intrusion upon user privacy performed by government agencies, fault for this privacy harm does not lie with the service providers; but the inherently coercive powers the government can flex at will. The third party doctrine, which permits government agents to obtain users’ private files from service providers with a mere subpoena, is frequently criticized by privacy scholars. However, this paper will argue that this doctrine becomes moot once encryption is in use and companies no longer have access to their customers’ private data. The real threat to privacy lies with the fact that corporations can and have repeatedly been forced to modify their own products in ways that harm end user privacy, such as by circumventing encryption.
Governing Knowledge Commons -- Introduction & Chapter 1
Authors: Madison Michael J , Frischmann Brett M. , Strandburg Katherine J.
Published: July 2018

“Knowledge commons” describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom’s Nobel Prize-winning research on natural resource commons. It proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information, describing the framework in detail and explaining how to put it into context both with respect to commons research and with respect to innovation and information policy. Eleven detailed case studies apply and discuss the framework exploring knowledge commons across a wide variety of scientific and cultural domains.
Formerly Manufacturing Entities: Piercing the Patent Troll Rhetoric
Authors: Osenga Kristen Jakobsen
Published: July 2018

Everyone hates patent trolls-those companies that "hijack somebody else's idea" and use the patents to "extort some money" from companies that actually make things. But, despite the rhetoric, not all patent trolls are created equal. This Article is the first to focus on one type of patent troll the formerly manufacturing entity. These patent trolls used to make or do something in commerce, but now derive all or a significant portion of their income through licensing their intellectual property. Using case study analysis, this Article demonstrates that formerly manufacturing entities do not impose the harms associated with patent trolls more broadly and, in fact, provide unique benefits for commercialization of new technologies. Specifically, formerly manufacturing entities do not "sneak up " on manufacturing companies, waiting for them to invest extensively in a technology before seeking a license. Rather, the technology and the patents are already out in the open, having been practiced by the patent troll. Further, because formerly manufacturing entities have already worked to commercialize the technology, they are in a much better position to assess its value, as well as the costs and risks associated with bringing it to market. We should recognize the benefits formerly manufacturing entities add to commercialization and, in the larger scheme, ensure that potential patent reform measures and judicial solutions to the patent troll problem are carefully drawn so as not to do more harm than good.
Predicting a Heart Attack: The Fundamental Opacity of Extreme Liquidity Risk
Authors: Fisher William O.
Published: July 2018

After 150 years of business, Lehman Brothers ran out of cash and credit and filed for bankruptcy on September 15, 2008. As a publicly traded company, Lehman had filed all the reports required by U.S. securities law. But the hundreds of pages of words and numbers provided no timely warning of lurking liquidity death. The risks of triparty repurchase financing and the endgame Lehman would have to play if a selfmagnifying credit drain hit were, as it turned out, inherently opaque. Disclosure, the traditional securities law “fix,” was destined to fail in this case, raising the question of whether it might fail in others as well.
Defining the Borders of Uniform International Contract Law: The CISG and Remedies for Innocent, Negligent, or Fraudulent Misrepresentation
Authors: Schroeter Ulrich G.
Published: July 2018

58 Villanova Law Review (2013), 553-587The exact definition of the substantive scope of the United Nations Convention on Contracts für the International Sale of Goods (CISG) of 11 April 1980 is a difficult but necessary task: Necessary because the scope determines over which domestic rules of law the Convention prevails, thereby preempting the concurrent domestic law’s application, and difficult because the CISG itself provides limited guidance about the method through which this definition is to be achieved.This article commences by discussing two approaches used in this regard in case law and legal writings on the Convention: (1) the reliance on Article 4 CISG, and (2) the use of dogmatic categories of domestic law such as "contract" and "tort". Both are found wanting, in particular in light of Article 7(1) CISG calling for an internationally uniform interpretation of the Convention’s scope.Against this background, the article develops a novel two-step approach with Article 7(1) CISG in mind. According to this approach, a domestic law rule is displaced by the Convention if (1) it is triggered by a factual situation which the Convention also applies to (the "factual" criterion), and (2) it pertains to a matter that is also regulated by the Convention (the "legal" criterion). Only if both criteria are cumulatively fulfilled, the domestic law rule concerned overlaps with the Convention’s sphere of application in a way that will generally result in its preemption.In third part of the article, the two-step approach is being applied to remedies for misrepresentation known in Common law jurisdictions, in turn dealing with remedies for innocent misrepresentation, negligent misrepresentation and fraudulent misrepresentation and thus defining their relationship towards the uniform law rules of the Sales Convention.
The Problems Inherent in Litigating Employer Free Exercise Rights
Authors: Chambers Henry L.
Published: July 2018

This brief Article proceeds in four parts. Part I discusses the Supreme Court's recent cases that address employer free exercise rights. Part II notes problems that accompany providing free exercise rights to employers. Part III explores the expansion of employer prerogative in the context of providing employers additional free exercise rights. Part IV considers problems that arise when employee rights are not deemed central to litigation regarding employer free exercise rights. The Article concludes by proposing a refraining of the free exercise issue that will consider how to account for the interests of the employer, its stakeholders, and its employees in employer free exercise cases.
Economic Inequality and College Admissions Policies
Authors: Orentlicher David
Published: July 2018

Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 1 , Article 3As economic inequality in the United States has reached unprecedented heights, reformers have focused considerable attention on changes in the law that would provide for greater equality in wealth among Americans. No doubt, much benefit would result from more equitable tax policies, fairer workplace regulation, and more generous spending policies.But there may be even more to gain by revising college admissions policies. Admissions policies at the Ivy League and other elite American colleges do much to exacerbate the problem of economic inequality. Accordingly, reforming those policies may represent the most effective strategy for restoring a reasonable degree of economic equality in the United States. Fortunately, there is an important alternative to traditional admissions policies for elite universities to consider—“top class rank” policies. Indeed, some public universities have already adopted top class rank policies in lieu of affirmative action to promote student body diversity. While the impact on student diversity is a key feature of top rank policies, this Article focuses on another critical benefit of the policies— their ability to turn elite universities from institutions that exacerbate economic inequality into institutions that foster economic equality.
Road to Nowhere: Hong Kong's Democratization and China's Obligations Under Public International Law
Authors: Cheung Alvin Y.H.
Published: July 2018

Does public international law have anything to say about how Hong Kong's Chief Executive should be chosen? The Hong Kong and Beijing Governments have framed the debate on electoral reforms for 2017 purely in terms of domestic law. They reject the relevance of the International Covenant on Civil and Political Rights (ICCPR) and have rebuffed any role for the United Kingdom under the Sino-British Joint Declaration of 1984 (Joint Declaration). In so doing, they seek to justify Beijing's insistence on powers of veto over nomination and appointment of the Chief Executive. However, an analysis purely in terms of domestic law is incomplete. Despite the insistence of the Hong Kong and Beijing Governments, international law has a role to play in the debate over Chief Executive electoral reform. Beijing’s commitments with respect to Hong Kong in the Joint Declaration, including the continued application of parts of the ICCPR to Hong Kong, preclude it from filtering Chief Executive candidates by political views. Emergent norms of customary international law are not only relevant to the interpretation of the Joint Declaration and ICCPR, but may also provide a freestanding basis to challenge the pre-ordination of candidates for Chief Executive. The state of the current debate, and China's long-standing efforts to frustrate democratic development in Hong Kong, show that it has not complied with its international law obligations. However, in the absence of individual rights of petition to the Human Rights Committee and in the absence of International Court of Justice compulsory jurisdiction, the prospects for enforcement of these obligations are bleak.
Law in the Work of Felix Gonzales-Torres
Authors: Penalver Eduardo , Sarmiento Sergio Munoz
Published: July 2018

Within contemporary art, it is well known that Felix Gonzalez-Torres created elegant, sparse and poetic art works. Through his use of diverse media—photography, drawing, and sculpture (created by using unusual materials such as candy, stacks of paper, or battery operated clocks) Gonzalez-Torres merged the personal and the political; the conceptual and the aesthetic. These aspects of his work have been thoroughly explored by artists, scholars, and collectors alike.
Litigation as a Measure of Well-Being: The Threat of India’s Case Backlog
Authors: Kalantry Sital
Published: July 2018

Published: Litigation as a Measure of Well-Being: The Threat of India’s Case Backlog, 62 DePaul Law Review 247 (2013) (with Ted Eisenberg and Nick Robinson) republished in a book dedicated to Vice-Chancellor Singh of the National Law School in Delhi.
Legal Implications of Epilepsy
Authors: Beresford H. Richard
Published: July 2018

29 Epilepsia S114 (1988)Physicians who care for patients with epilepsy may function as agents or targets of social control. As agents, they may assist in the identification and control of epileptic drivers, may provide information that enables fair and appropriate job placements for epileptic persons, and give testimony that helps the legal system resolve issues relating to the liability of epileptic persons for harm attributed to seizures or interictal behavioral disturbances. As targets, they may be charged with negligent failure to diagnose, treat, or inform about epilepsy or its associated problems, with failure to exercise due care in protecting persons harmed by their patients, or with failure to preserve confidentiality of medical information. Although legislation and judicial decisions have defined some of the physician’s legal duties with reasonable clarity, areas of uncertainty remain, particularly regarding the issue of violating medical confidentiality for the benefit of persons other than the patient.
The Illegal Process: Basic Problems in the Making and Application of Censorship
Authors: Grimmelmann James
Published: July 2018

79 University of Chicago Law Review Dialogue 58 (2013)This essay is a response to Derek Bambauer's article Orwell's Armchair, which proposes "[a] statute enabling censorship of Internet material." Bambauer's theory is process-oriented: it focuses on the institutions that engage in censorship and the procedures that they follow. Accordingly, the essay examines his arguments through the lens of the canonical Legal Process text: Hart and Sacks' The Legal Process. A series of notes and queries inquire whether his proposed statute would limit censorship, regularize it, or legitimate it.
Why Are So Many People Challenging Board of Immigration Appeals Decisions in Federal Court? An Empirical Analysis of the Recent Surge in Petitions for Review
Authors: Yale-Loehr Stephen W.
Published: July 2018

20 Georgetown Immigration Law Journal (2005-06)Written with John R. B. Palmer and Elizabeth Cronin
When Tenure Standards Are Wrong
Authors: Grimmelmann James
Published: July 2018

20 Green Bag 2D 291-292 (2017)
Stepping Up to the Podium with Confidence: A Primer for Law Students on Preparing and Delivering an Appellate Oral Argument
Authors: Dimitri James D.
Published: July 2018

38 Stetson Law Review 75 (2008)Virtually all law students are required to learn oral advocacy skills at some point during their legal education. Typically, these skills are cultivated through at least one oral argument assignment, which often consists of an appellate oral argument that is given as part of the students' first-year legal research and writing course or as part of a moot court competition. While appellate courts do not grant oral argument as often as they used to, oral advocacy remains a critical skill for law students to learn and cultivate, no matter which facet of law practice they enter upon graduation. Unfortunately, the prospect of learning this critical skill can be disquieting to students. Students may, however, ease their anxiety and ultimately deliver an excellent oral argument if they fully understand the purposes of the argument and if they thoroughly prepare for the argument. This article is targeted at oral argument novices. It discusses how a beginner to appellate oral argument may effectively prepare and deliver an argument, particularly if the argument is given as part of a law school's legal research and writing course or as part of a moot court competition.
A Crisis of Faith & the Scientific Future of Patent Theory
Authors: Liivak Oskar
Published: July 2018

90 St. John's Law Review 639 (2016)The current reward framing for the patent system has resisted all attempts to either confirm or to refute the benefits of the system. Yet that should not surprise us. We should be surprised that we ever thought that the system could be justified at all. The reward framing has infected the patent system with pathological defects that make the system both unjustifiable and unfalsifiable. An alternate framing that focuses on ex ante technology transfer can support and explain many of the doctrinal features of the current patent system, but it can do so while avoiding the pathologies that plague today's patent theory.
The Story of Sony v. Universal Studios: Mary Poppins Meets the Boston Strangler (2006)
Authors: Litman Jessica
Published: July 2018

This paper, published in 2006 as a chapter in Intellectual Property Stories, tells the story surrounding the Betamax case, in which the Supreme Court ruled that using a video cassette recorder to record broadcast television programs was fair use rather than copyright infringement. The chapter focuses on the Justices' deliberations as revealed by the papers of Justices Blackmun, Marshall, and Brennan, available in the Library of Congress Manuscript Reading Room.
International Trade Commission Exclusion Orders for the Infringement of Standard-Essential Patents
Authors: Sidak Gregory
Published: July 2018

In the United States, a patent holder can pursue several remedies against a patent infringer. Section 284 of the Patent Act provides that, upon a finding of infringement, “the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty . . . .” In addition, § 283 provides that a court “may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent.” Section 337 of the Tariff Act of 1930 also allows a patent holder to petition the U.S. International Trade Commission (ITC)—a federal agency that investigates matters of international trade and advises on international trade policy— to issue an exclusion order against an infringer, a remedy that denies the importation and sale in the United States of products that infringe a valid and enforceable U.S. patent.3 In a case of patent infringement, a patent holder may thus seek damages for the infringement, an injunction, and an exclusion order.
The Aggregate Harmony Metric and a Statistical and Visual Contextualization of the Rehnquist Court: 50 Years of Data
Authors: Hook Peter A.
Published: July 2018

The November 2006 issue marked the fiftieth year that the Harvard Law Review published its annual matrix of the inter-agreement amongst all of the Justices for a particular term. These matrices include both raw numbers and percentages as to how often any two Justices sided together on cases for that particular term relative to the amount of cases the two Justices heard together. Aggregating this data over the fifty-year span allows for some important insights and benchmarks as to the last half century of the Supreme Court—the 1956 to 2005 Terms. These aggregated matrices of agreement allow for interesting visualizations of the Supreme Court, both longitudinally and year by year. Using existing software, measures of agreement (and disagreement) allow for the Justices to be distributed spatially as to their ideological sympathies. The fifty-year perspective also allows scholars of the Court to set empirical benchmarks to evaluate individual terms. This article introduces a new metric of annual, term, Court agreement known as the Aggregate Harmony Metric. Published in and cite as: Peter A. Hook, The Aggregate Harmony Metric and a Statistical and Visual Contextualization of the Rehnquist Court: 50 Years of Data, 24 Const. Comment. 221 (2007).
Legitimacy and Impartiality as Basic Principles for Sovereign Debt Restructuring
Authors: Lienau Odette
Published: July 2018

41 Yale Journal of International Law Online (2016)This essay suggests that attentiveness to the principles of legitimacy and impartiality may contribute to the instrumental success of any sovereign debt restructuring, and highlights institutional elements or practices often associated with these goals. An additional question can be raised as to whether these principles might have a further claim to special consideration, as part of emerging customary international law or general principles of law. Any determination along these lines is made difficult by the fact that legitimacy is a composite principle, constituted of multiple procedural and substantive norms, and perhaps lacks the necessary specificity to be a legal rule itself.
The 2015 Changes to the Federal Rules Matter for Your Patent Case and Tech Business: Getting in the Courthouse Door Just Got Tougher
Authors: D'Amore Matthew
Published: July 2018

MoFo IP Newsletter, April 2016It used to be that a complaint for patent infringement would survive a motion to dismiss if it included: “1) an allegation of jurisdiction; 2) a statement that the plaintiff owns the patent; 3) a statement that defendant has been infringing the patent ‘by making, selling, and using [the device] embodying the patent’; 4) a statement that the plaintiff has given the defendant notice of its infringement; and 5) a demand for an injunction and damages.” McZeal v. Sprint Nextel Corp., 501 F.3d 1354, 1356-57 (Fed. Cir. 2007). So long as you followed these elements set forth in Form 18 found in the Federal Rules of Civil Procedure, your complaint was likely to pass muster. See Id.; K-Tech Telecomms, Inc. v. Time Warner Cable, 714 F.3d 1277, 1283 (Fed. Cir. 2013), cert. denied, 134 S. Ct. 1026 (2014). But the December 2015 amendments to the Federal Rules of Civil Procedure “abrogated” the forms in their entirety. What does that mean for you
Just Prices
Authors: Hockett Robert C. , Kreitner Roy
Published: July 2018

In what sense do market prices represent or convey value? At first glance, such prices might look like the upshot of spontaneous social aggregation without exogenously imposed order: uncoordinated individual trading decisions yield “price information” that is said both to induce socially efficient productive decisions and to set a framework that facilitates coherent and welfare-enhancing consumer choice. But while some trading decisions might well be uncoordinated, far from all of them are; and the rules within which trade is conducted are in any event the product of social choice. When we recognize that these rules of trade and certain public practices of trade affect the terms of trade, we cannot but ask whether the rules, the relevant practices, and the prices they partly produce can underwrite just social arrangements. The shorthand rendition of this question is when are market prices just? In this symposium contribution we set out to untangle some of the economic and philosophic issues implicated by this loaded question, and to propose a set of considerations that can aid evaluation of the justice (or otherwise) of market prices.
Knowledge Commons
Authors: Madison Michael J , Frischmann Brett M. , Strandburg Katherine J.
Published: July 2018

This chapter describes methods for systematically studying knowledge commons as an institutional mode of governance of knowledge and information resources, including references to adjacent but distinct approaches to research that looks primarily to the role(s) of intellectual property systems in institutional contexts concerning innovation and creativity.Knowledge commons refers to an institutional approach (commons) to governing the production, use, management, and/or preservation of a particular type of resource (knowledge or information, including resources linked to innovative and creative practice).Commons refers to a form of community management or governance. It applies to a resource, and it involves a group or community of people who share access to and/or use of the resource. Commons does not denote the resource, the community, a place, or a thing. Commons is the institutional arrangement of these elements and their coordination via combinations of law and other formal rules; social norms, customs, and informal discipline; and technological and other material constraints. Community or collective self-governance of the resource, by individuals who collaborate or coordinate among themselves effectively, is a key feature of commons as an institution, but self-governance may be and often is linked to other formal and informal governance mechanisms. For purposes of this chapter, knowledge refers to a broad set of intellectual and cultural resources. There are important differences between various resources captured by such a broad definition. For example, knowledge, information, and data may be different from each other in meaningful ways. But an inclusive term is necessary in order to permit knowledge commons researchers to capture and study a broad and inclusive range of commons institutions and to highlight the importance of examining knowledge commons governance as part of dynamic, ecological contexts
Book review: Romanian Academy (1866-2016). Bases, traditions and legal values (By: Prof. PhD Mircea Dutu, Dr.HC)
Authors: BOSTAN Ionel
Published: July 2018

Here is the most important book that relates to the creation and evolution of the Romanian Academy. The paper is written by the Director of the Institute for Legal Research "Acad. Andrei Rădulescu" (Romanian Academy). This brings many new and interesting elements related to the theme. The moment of publishing is the year in which one and a half centuries are celebrated since the establishment of the prestigious institution.