A fierce debate rages among leading international law theorists that implicates the role of national courts in solving global challenges. On one side of the debate are scholars who are critical of international law and its institutions. These scholars, often referred to as Sovereigntists, see international law as a threat to democratic sovereignty. On the […]
For several years, bankruptcy and corporate governance scholars have discussed “control rights” in bankruptcy cases and have debated how those rights should be allocated. Data indicate that, as a positive matter, creditors effectively have the ability to decide the fate of an insolvent firm. The scholarship does not, however, adequately address which ethical duties should […]
According to well-established principles, one cannot patent natural laws or phenomena per se, but one can patent new and useful applications of those laws and phenomena. Justice Breyer’s opinion in Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc. applies this distinction to inventions exploiting natural relationships, such as a method of diagnosing a vitamin […]
State courts are creating conditions for moral hazard in the arbitration of employment disputes. The problem begins when employers compel individuals to arbitrate their legal claims, denying them access to juries and other benefits of a trial. This empirical study identifies a disturbing trend: state courts vacated many arbitration wins for employees, but not for […]
Since Crawford v. Washington, the Confrontation Clause has protected criminal defendants from testimonial hearsay statements. Less clear is what “testimonial” means. Lower courts have split on the question of whether scientific evidence is testimonial, struggling to apply Supreme Court cases decided in very different contexts to the generation of laboratory and autopsy reports. This Note […]
Note, Presuming Innocence: Expanding the Confrontation Clause Analysis to Protect Children and Defendants in Child Sexual Abuse Prosecutions
When a child is suspected of being sexually abused, child advocacy centers provide a supportive environment where social workers, doctors, and psychologists may assess the child’s needs. Forensic interviews are a specialty of the centers. The interviews are often video recorded, and the videotape may later be introduced into evidence. Because children often do not […]
Note, Sweetening the Deal: Strengthening Transnational Bribery Laws Through Standard International Corporate Auditing Guidelines
Despite the existence of laws on the books against transnational bribery in most developed nations, prosecution of the crime is oftentimes half hearted. This Note explores a number of options to promote the punishment of corrupt businesses that bribe foreign officials, even when the prosecution of these businesses might not be in the public interest […]
- Note: Maximizing the Min-Max Test: A Proposal To Unify the Framework for Rule 403 Decisions
- Note: Anticompetitive Until Proven Innocent: An Antitrust Proposal To Embargo Covert Patent Privateering Against Small Businesses
- New Economy, Old Biases
- Will LGBT Antidiscrimination Law Follow the Course of Race Antidiscrimination Law?
- “The More Things Change . . .”: New Moves for Legitimizing Racial Discrimination in a “Post-Race” World
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