Now showing items 1249-1268 of 1363

    • Gervais, Daniel J. (Marquette Intellectual Property Law Review, 2005)
      This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no longer be developed as sets of minimum standards with a standardized exception filter, namely the three-step test, but ...
    • Ruhl, J. B. (Baylor Law Review, 1986)
      This Article joins the enormous and growing body of literature examining the need for reform of toxic tort remedies for cases of exposure to hazardous substances released into the environment. It is different from most ...
    • Meyer, Timothy; Sitaraman, Ganesh (California Law Review, 2019)
      There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under ...
    • Sitaraman, Ganesh; Meyer, Timothy (California Law Review, 2019)
      There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under ...
    • Meyer, Timothy; Sitaraman, Ganesh (California Law Review, 2019)
      This Article makes three contributions. First, we argue that the current discontent over trade is not just a matter of the distribution of economic gains and losses but a matter of the distribution of constitutional powers. ...
    • Gervais, Daniel J. (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? ...
    • Slobogin, Christopher, 1951- (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," ...
    • Ruhl, J.B.; Gosnell, Hannah; Chaffin, Brian C.; Arnold, Craig Anthony; Craig, Robin K.; Benson, Melinda H.; Devenish, Alan (Ecology and Society, 2017)
      The Endangered Species Act (ESA) is often portrayed as a major source of instability and crisis in river basins of the U. S. West, where the needs of listed fish species frequently clash with agriculture dependent on federal ...
    • Newbern, Alistair E.; Suski, Emily F. (Clinical Law Review, 2013)
      Clinical teaching is a Baby Boomer. After an extended infancy, it came of age in the 1960s. It challenged the entrenched isolation and aloofness of law school by questioning the very methods by which law is taught. Channeling ...
    • Newbern, Alistair E.; Suski, Emily F. (Clinical Law Review, 2013)
      Clinical teaching is a Baby Boomer. After an extended infancy, it came of age in the 1960s. It challenged the entrenched isolation and aloofness of law school by questioning the very methods by which law is taught. Channeling ...
    • Rossi, Jim, 1965- (Duke Environmental Law & Policy Forum, 2005)
      During most of the twentieth century, state and local regulatory bodies coordinated the siting or power plants and transmission lines. These bodies focused on two important issues: 1) the determination of need, so as to ...
    • Gervais, Daniel J. (Vanderbilt Journal of Transnational Law, 2001)
      This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently ...
    • Wuerth, Ingrid Brunk (German Law Journal, 2009)
      I am tasked today with talking about transnationalization, in particular the question of whether public law in the United States is undergoing some process of transnationalization today. My response, based on the work ...
    • Moran, Beverly I. (Southern California Review of Law and Women's Studies, 2002)
      Feminist psychologists postulate that women are more people focused than men and therefore less likely to be attracted to rule oriented cultures that do not take into account personal differences and needs. This work ...
    • Slobogin, Christopher, 1951- (Texas Tech Law Review, 2013)
      The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and ...
    • Slobogin, Christopher (Journal of Contemporary Legal Issues, 1999)
      The concept of amenability to treatment is, in theory, at the core of juvenile delinquency jurisprudence. From its inception as an entity separate from the adult criminal court, the juvenile court was meant to focus on the ...
    • Slobogin, Christopher, 1951- (Nebraska Law Review, 1990)
      In the past several decades the treatment, habilitation and education of the mentally disabled has been heavily influenced by what could be called the "community-first" movement. This movement which encompasses such ...
    • Rossi, Jim, 1965- (Environmental Law, 2009)
      Reform proposals pending in the U.S. Congress would increase federal and regional power to preempt states in siting transmission lines on order to allow the development of a high-votage transmission grid for renewable ...
    • Blair, Margaret M., 1950-; Stout, Lynne A., 1957- (University of Pennsylvania Law Review, 2001)
      Conventional legal and economic analysis assumes that opportunistic behavior is discouraged and cooperation encouraged within firms primarily through the use of legal and market incentives. This presumption is embodied in ...
    • Sherry, Suzanna (Law and Inequality, 1988)
      There is a tendency in the bicentennial year-and especially this week-to idealize the events of 1787. We tend to presume that the men who wrote the Constitution were near-perfect demigods, who crafted a brilliant and ...