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Now showing items 21-30 of 51
Transaction Surveillance by the Government
(Mississippi Law Journal, 2005)
This symposium article is the second of two on regulation of government efforts to obtain recorded information for criminal prosecutions. More specifically, it explores the scope and regulation of "transaction surveillance," ...
Can Judges Ignore Inadmissible Information? The Difficulty of Deliberately Disregarding
(University of Pennsylvania Law Review, 2005)
Due process requires courts to make decisions based on the evidence before them without regard to information outside of the record. Skepticism about the ability of jurors to ignore inadmissible information is widespread. ...
Corporate Voting and the Takeover Debate
(Vanderbilt Law Review, 2005)
For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
The Statutory President
(Iowa Law Review, 2005)
American public law has no answer to the question of how a court should evaluate the president's assertion of statutory authority. In this Article, I develop an answer by making two arguments. First, the same framework of ...
Judicial Oversight of Negotiated Sentences in a World of Bargained Punishment
(Stanford Law Review, 2005)
Prosecutors control statutory ranges by selecting charges. In addition, prosecutors decide whether to use or forego special sentencing statutes that carry mandatory minimum penalties higher than the maximum Guidelines ...
Intellectual Property, Trade & Development: The State of Play
(Fordham Law Review, 2005)
This Article considers, first, available economic, social, and cultural analyses of the impact of intellectual property protection in developing countries. Economics provides a useful set of analytical tools and are directly ...
Adverse Possession of Identity: Radical Theory, Conventional Practice
(Oregon Law Review, 2005)
This Article examines the conditions under which acting as if one has a particular legal status is sufficient to secure that status in the eyes of the law. Legal determinations of common-law marriage, functional parenthood, ...
Order Without Social Norms
(Northwestern University Law Review, 2005)
This Article tackles a leading problem confronting norms theorists and regulators: how can the law induce changes in behavior when the material costs to the individual outweigh the benefits and there is no close-knit ...
Choice of Law for Internet Transactions: The Uneasy Case for Online Consumer Protection
(University of Pennsylvania Law Review, 2005)
This Essay explores the possibility that the market for online purchases fails to work as efficiently as it can because consumers lack trust in unknown vendors, and it argues that consumer distrust in unknown vendors can ...
Traditional Knowledge & Intellectual Property: A TRIPS-Compatible Approach
(Michigan State Law Review, 2005)
Should intellectual property provide a means for strengthening the range of incentives that local communities need for conserving and developing genetic resources and traditional knowledge (TK)? If so, how and at what cost? ...