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The Pursuit of Justice: New Directions in Scholarship About the Practice of Law
(Journal of Legal Education, 2002)
Clinical scholarship is currently developing an analysis of the practice of law that explores the lawyer's role in building a case from the infinite universe of facts.' Clinical legal education has traditionally focused ...
The Internationalization of Intellectual Property: New Challenges from the Very Old and the Very New
(Fordham Intellectual Property, Media & Entertainment Journal, 2002)
Intellectual property concepts embodied in international treaties and national laws date back to the eighteenth century. Many fundamental concepts (originality in copyright law; confusion in trademark law; novelty or ...
Regulatory Traffic Jams
(Wyoming Law Review, 2002)
Notwithstanding the tremendous amount of attention environmental agencies, policy analysts, and scholars have paid to "regulatory reinvention," it has been pitched primarily as a refinement of the sanction and facilitation ...
Joining Forces: The Role of Collaboration in the Development of Legal Thought
(Journal of Legal Education, 2002)
For every reason to believe that collaboration has been influential...
there is a countervailing reason to believe that it has played a minor role
in the evolution of legal thought. It may be easy to bring to mind a ...
European Courts, American Rights: Extradition and Prison Conditions
(Brooklyn Law Review, 2002)
Part I of this Article discusses the rising number of extradition requests by the United States, the common grounds for denial of extradition, and the controversies that such
denials have aroused. Part II examines Soering ...
The Market Value of Reducing Cancer Risk: Hedonic Housing Prices with Changing Information
(Southern Economic Journal, 2002)
In this paper, we use housing price changes occurring after the release of a regulatory agency's environmental risk information to estimate the value people place on cancer risk reduction. Using a large original data set ...
Haste Makes Waste: Congress and the Common Law in Cyberspace
(Vanderbilt Law Review, 2002)
Every time a new technology creates legal problems, we face in a particular context the general question of relative institutional competence. Do we turn first to the judiciary, allowing time for a gradual solution derived ...
Peeping Techno-Toms and the Fourth Amendment: Seeing Through Kyllo's Rules Governing Technological Surveillance
(Minnesota Law Review, 2002)
This article suggests that the Supreme Court's decision in Kyllo v. United States may not be as protective of the home as it first appears. Kyllo held that use of a thermal imager to detect heat sources inside the home is ...
Race-Based Defenses--The Insights of Traditional Analysis
(Arkansas Law Review, 2002)
The determination of whether racialized defenses should be permitted depends upon a number of factors. Professor Alfieri is right to emphasize race-consciousness as an important variable, but wrong to give it dispositive ...
Human Rights Beyond the War on Terrorism: Extradition Defenses Based on Prison Conditions in the United States
(Santa Clara Law Review, 2002)
The death penalty presents an issue where a clearly stated norm that is widely held by U.S. allies exists in stark contrast to U.S. practices. The war on terrorism has shone a spotlight on European refusals to extradite ...