Thursday, July 31, 2003
new side links
Three new links to resources
are presented off to the side, courtesy of a reader from the University of Washington (note: these are paid services). Thanks!
- Current Index to Legal Periodicals Directory
- Current Index to Legal Periodicals Bluebook Abbreviations
- SmartCLIP
are presented off to the side, courtesy of a reader from the University of Washington (note: these are paid services). Thanks!
a review of this blog
article posting
Funny Law Review Writings
Professor Thomas Baker of the Florida International University sent me his article, A Compendium of Clever and Amusing Law Review Writings: An Idiosyncratic Bibliography of Miscellany with in Kind Annotations Intended as a Humorous Diversion for the Gentle Reader, published in the Drake Law Review, for your reading pleasure. Enjoy!(*)
(*) I'm happy to put up articles for people, at least temporarily. If I start maxing up my account quota, then I might have to rethink things, but so far everything's fine.
Professor Thomas Baker of the Florida International University sent me his article, A Compendium of Clever and Amusing Law Review Writings: An Idiosyncratic Bibliography of Miscellany with in Kind Annotations Intended as a Humorous Diversion for the Gentle Reader, published in the Drake Law Review, for your reading pleasure. Enjoy!(*)
(*) I'm happy to put up articles for people, at least temporarily. If I start maxing up my account quota, then I might have to rethink things, but so far everything's fine.
law review headlines
The most recent issue of the American University Journal of Gender, Social Policy, and the Law has articles from a symposium on Confronting Domestic Violence and Achieving Gender Equality.
The second-most recent issue of the Arizona Journal of International and Comparative Law has articles from a symposium on Products Liability in Latin America.
The July 2003 issue of the California Law Review has three pretty fascinating sounding articles:
The Summer 2003 issue of the Practical Tax Lawyer has an article by T. Randolph Harris called The Top 10 Mistakes by Estate Planners.
The Winter 2003 issue of the Texas Intellectual Property Law Journal has an article by Laurie L. Hill entitled The Race to Patent the Genome: Free Riders, Hold Ups, and the Future of Medical Breakthroughs.
The Spring 2003 issue of the Washington University Law Quarterly has two interesting sounding articles (available online here):
The second-most recent issue of the Arizona Journal of International and Comparative Law has articles from a symposium on Products Liability in Latin America.
The July 2003 issue of the California Law Review has three pretty fascinating sounding articles:
- Lee Epstein, Jack Knight, and Andrew D. Martin, The Norm of Prior Judicial Experience and Its Consequences for Career Diversity on the U.S. Supreme Court (on a similar note, Professor Trevor Morrison presented a brief, but seemingly-related essay, on Findlaw entitled Must U.S. Supreme Court Nominees First Serve on Federal Courts of Appeals?)
- Kenneth L. Karst, Law, Cultural Conflict, and the Socialization of Children
- Albert Yoon, Love's Labor's Lost? Judicial Tenure among Federal Court Judges: 1945-2000.
The Summer 2003 issue of the Practical Tax Lawyer has an article by T. Randolph Harris called The Top 10 Mistakes by Estate Planners.
The Winter 2003 issue of the Texas Intellectual Property Law Journal has an article by Laurie L. Hill entitled The Race to Patent the Genome: Free Riders, Hold Ups, and the Future of Medical Breakthroughs.
The Spring 2003 issue of the Washington University Law Quarterly has two interesting sounding articles (available online here):
- Eric Blumenson and Eva S. Nilsen, One Strike and You're Out? Constitutional Constraints on Zero Tolerance in Public Education
- Debra Lyn Bassett, The Hidden Bias in Diversity Jurisdiction.
Wednesday, July 30, 2003
law review headlines
The Summer 2003 issue of the Cardozo Journal of International and Comparative Law has articles from a symposium on Traditional Knowledge, Intellectual Property, and Indigenous Culture.
The Spring 2003 issue of the Journal of Intellectual Property Law has articles from a symposium in honor of Professor L. Ray Patterson.
The Spring 2003 issue of the Journal of Intellectual Property Law has articles from a symposium in honor of Professor L. Ray Patterson.
Tuesday, July 29, 2003
resources
Article Submission Resource for Authors
Check out ExpressO.
Check out ExpressO.
The Berkeley Electronic Press is pleased to announce ExpressO, a one-stop Internet site for law review deliveries. ExpressO is an electronic manuscript delivery service. Authors can now, for the first time, deliver articles to multiple law reviews and law journals by uploading one electronic file to the site.
off schedule
A journal that seems to be running behind:
- Buffalo Environmental Law Journal (Spring 2002 issue just came out now)
- Denver Journal of International Law and Policy (Fall 2002 issue just came out now)
law review headlines
The Spring 2002 issue of the Buffalo Environmental Law Journal has an article by Steven K. Albert entitled American Indian Perspectives on the Endangered Species Act.
The Fall 2002 issue of the Denver Journal of International Law and Policy has articles on Combatting International Terrorism.
The most recent issue of the Journal of Law and Policy has articles from a symposium on Domestic Violence in Legal Education and Legal Practice: A Dialogue Between Professors and Practitioners.
The Summer 2003 issue of the Journal of Law, Medicine, and Ethics has articles from a symposium on Law and Alternative Medicine.
The most recent issue of the Journal of Natural Resources and Environmental Law has a note by Katherine Zimmerer entitled The Revitalization of Qui Tam Actions: The Statutory and Constitutional Significance of the False Claims Act in Environmental Litigation.
The most recent issue of the Journal of the Legal Profession has an article by David Caudill entitled Law-and-Literature, Literature-and-Science, and Enhancing the Discourse of Law/Science Relations. I am so reading this.
The Summer 2003 Special Issue of the Tulane Environmental Law Journal has articles from a symposium on Environmental Law and Sustainable Development in 21st Century Cuba.
The most recent issue of the Wisconsin Law Review has articles from a symposium on Civil Liberties in a Time of Terror.
The Fall 2002 issue of the Denver Journal of International Law and Policy has articles on Combatting International Terrorism.
The most recent issue of the Journal of Law and Policy has articles from a symposium on Domestic Violence in Legal Education and Legal Practice: A Dialogue Between Professors and Practitioners.
The Summer 2003 issue of the Journal of Law, Medicine, and Ethics has articles from a symposium on Law and Alternative Medicine.
The most recent issue of the Journal of Natural Resources and Environmental Law has a note by Katherine Zimmerer entitled The Revitalization of Qui Tam Actions: The Statutory and Constitutional Significance of the False Claims Act in Environmental Litigation.
The most recent issue of the Journal of the Legal Profession has an article by David Caudill entitled Law-and-Literature, Literature-and-Science, and Enhancing the Discourse of Law/Science Relations. I am so reading this.
The Summer 2003 Special Issue of the Tulane Environmental Law Journal has articles from a symposium on Environmental Law and Sustainable Development in 21st Century Cuba.
The most recent issue of the Wisconsin Law Review has articles from a symposium on Civil Liberties in a Time of Terror.
Monday, July 28, 2003
catching up
A journal that is catching up:
- Hastings Communications and Entertainment Law Journal (Both Fall and Summer 2002 issues just came out in July 2003)
off schedule
A journal that seems to be running behind:
- Cornell Journal of Law and Public Policy (Fall 2002 issue just came out now).
law review headlines
The Fall 2002 issue of the Cornell Journal of Law and Public Policy has an article by Scott C. Idleman entitled Religious Premises, Legislative Judgments, and the Establishment Clause and an article by Christopher J. Schmidt entitled Analyzing the Text of the Equal Protection Clause: Why the Definition of "Equal" Requires a Disproportionate Impact Analysis When Laws Unequally Affect Racial Minorities.
The Winter 2003 issue of the Rutgers Law Journal has an article by Joshua P. Davis entitled Taking Uncertainty Seriously: Revising Injunction Doctrine.
The Summer 2003 issue of the ABA's The Public Lawyer has an article by Jerry Lawson entitled Blogs for Public Lawyers.
The Winter 2003 issue of the Rutgers Law Journal has an article by Joshua P. Davis entitled Taking Uncertainty Seriously: Revising Injunction Doctrine.
The Summer 2003 issue of the ABA's The Public Lawyer has an article by Jerry Lawson entitled Blogs for Public Lawyers.
Friday, July 25, 2003
catching up
A journal that is catching up:
- Georgia State University Law Review (both its Fall and Winter 2002 issues came out in July 2003)
off schedule
Journals that seem to be running behind:
- Comparative Labor Law and Policy Journal (Summer 2001 issue just came out now).
- Constitutional Commentary (Summer 2002 issue just came out now).
- The Jurist: Studies in Church Law and Ministry (2001 issue just came out now).
- Michigan State U.-Detroit College of Law Journal of International Law (Summer 2002 issue just came out now).
law review headlines
The Summer 2001 issue of the Comparative Labor Law and Policy Journal has articles on the Regulation of Information in the Labor Market: What Employees May Learn about Employers.
Thursday, July 24, 2003
law review headlines
The latest issue of IDEA: the Journal of Law and Technology has an article by David A. Balto and Andrew M. Wolman entitled Intellectual Property and Antitrust: General Principles (again, David? Frank?).
The Spring 2003 issue of the University of Toledo Law Review has articles from its symposium on Justice Antonin Scalia.
The Spring 2003 issue of the University of Toledo Law Review has articles from its symposium on Justice Antonin Scalia.
Wednesday, July 23, 2003
article summary
Roger G. Schwemm and Rigel C. Oliveri, A New Look At Sexual Harassment Under the Fair Housing Act: The Forgotten Role of § 3604(C), 2002 Wisconsin Law Review 771 [Sexual Harassment and the Fair Housing Act]
In this article, Roger G. Schwemm and Rigel C. Oliveri discuss an interesting new solution to one of the problems facing plaintiffs bringing sexual harassment cases against landlords or others involved in the provision of public housing. Until now, in analyzing these cases, the Courts of Appeals have used Title VII of the Civil Rights Act of 1964 as their model. Therefore, plaintiffs either have to prove that the sexual harassment they faced in or around their homes was "severe or pervasive" or "quid pro quo." This sometimes leads to ludicrous results. For example, the authors describe DiCenso v. Cisneros, 96 F.3d 1004 (7th Cir. 1996), in which the Seventh Circuit ruled in favor of a landlord who had previously been held liable for hostile environment sexual harassment by HUD. The landlord's actions included caressing the tenant's arm and back, telling her that "if she could not pay the rent, she could take care of it in other ways; and, when she slammed the door in his face, s[tanding] outside her apartment calling her names, including ‘bitch' and ‘whore.'" According to the Seventh Circuit, because the landlord only did it once, it wasn't a problem under the Fair Housing Act.
Schwemm and Olivieri eloquently describe one of the main theoretical problems with the use of Title VII analysis for the Fair Housing Act — it is one thing (a horrible thing, obviously) to be sexually harassed in the workplace or on the street, but being harassed in your home — ostensibly the safe haven where you go to escape such horror — is a different thing entirely. Especially if your harasser has keys to your apartment, as the landlord in Cisneros ostensibly did.
The authors then describe a potential new solution; a section of the FHA making it unlawful "to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination." 42 U.S.C. § 3604(c). There is a similar provision in Title VII, but it's not as broad. The authors recognize that there might be First Amendment problems with this approach, and discuss them in depth, but posit that Section 3604(c) might allow plaintiffs to challenge certain kinds of harassment — such as the conduct described in Cisneros — that would not be illegal under Title VII.
This article is a great read, and provides a useful overview of sexual harassment law. As for its ultimate conclusion . . . While the optimist in me likes to think about plaintiffs rushing into court waving Section 3604(c) and prevailing against their landlords, the pessimist in me thinks otherwise. The pessimist in me suspects that a judge who isn't bothered by Cisneros-like behavior under a Title VII-style analysis won't rule for a plaintiff under Section 3604(c), either. But I'm a pessimist like that, and I hope that others will disagree with me.
In this article, Roger G. Schwemm and Rigel C. Oliveri discuss an interesting new solution to one of the problems facing plaintiffs bringing sexual harassment cases against landlords or others involved in the provision of public housing. Until now, in analyzing these cases, the Courts of Appeals have used Title VII of the Civil Rights Act of 1964 as their model. Therefore, plaintiffs either have to prove that the sexual harassment they faced in or around their homes was "severe or pervasive" or "quid pro quo." This sometimes leads to ludicrous results. For example, the authors describe DiCenso v. Cisneros, 96 F.3d 1004 (7th Cir. 1996), in which the Seventh Circuit ruled in favor of a landlord who had previously been held liable for hostile environment sexual harassment by HUD. The landlord's actions included caressing the tenant's arm and back, telling her that "if she could not pay the rent, she could take care of it in other ways; and, when she slammed the door in his face, s[tanding] outside her apartment calling her names, including ‘bitch' and ‘whore.'" According to the Seventh Circuit, because the landlord only did it once, it wasn't a problem under the Fair Housing Act.
Schwemm and Olivieri eloquently describe one of the main theoretical problems with the use of Title VII analysis for the Fair Housing Act — it is one thing (a horrible thing, obviously) to be sexually harassed in the workplace or on the street, but being harassed in your home — ostensibly the safe haven where you go to escape such horror — is a different thing entirely. Especially if your harasser has keys to your apartment, as the landlord in Cisneros ostensibly did.
The authors then describe a potential new solution; a section of the FHA making it unlawful "to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination." 42 U.S.C. § 3604(c). There is a similar provision in Title VII, but it's not as broad. The authors recognize that there might be First Amendment problems with this approach, and discuss them in depth, but posit that Section 3604(c) might allow plaintiffs to challenge certain kinds of harassment — such as the conduct described in Cisneros — that would not be illegal under Title VII.
This article is a great read, and provides a useful overview of sexual harassment law. As for its ultimate conclusion . . . While the optimist in me likes to think about plaintiffs rushing into court waving Section 3604(c) and prevailing against their landlords, the pessimist in me thinks otherwise. The pessimist in me suspects that a judge who isn't bothered by Cisneros-like behavior under a Title VII-style analysis won't rule for a plaintiff under Section 3604(c), either. But I'm a pessimist like that, and I hope that others will disagree with me.
new journal announcement
From the Cornell Law School newsflash page:
Exciting!
With the January 2004 publication of the inaugural issue of the Journal of Empirical Legal Studies, Cornell Law School becomes the publisher of the only legal journal dedicated exclusively to empirical legal scholarship. Co-edited by Cornell Law professors Theodore Eisenberg, Jeffrey Rachlinski and Stewart Schwab, and Martin Wells (Chair of Cornell’s Biometrics Department), it is scheduled for publication three times annually. The inaugural issue will be published in January 2004 by Blackwell Publishers.
Exciting!
off schedule
Journals that seem to be running behind:
- Georgia State University Law Review (Fall 2002 issue just out now)
- Temple Environmental Law and Technology Journal (Fall 2002 issue just out now)
- University of Illinois Journal of Law, Technology and Policy (Fall 2002 issue just out now).
law review headlines
The July 2003 issue of the Cornell Law Review has an article by Robert A. Schapiro and William W. Buzbee entitled Unidimensional Federalism: Power and Perspective in Commerce Clause Adjudication, and an article by Jon M. Garon, entitled Normative Copyright: A Conceptual Framework for Copyright Philosophy and Ethics (...Frank or David, either of you interested?).
The February 2003 issue of the Duke Law Journal has remarks by Chief Justice Rehnquist.
The Fall 2002 issue of the University of Illinois Journal of Law, Technology and Policy contains articles from a symposium on Legal Regulation of new Technologies: Protection, Privacy, and Disclosure.
The February 2003 issue of the Duke Law Journal has remarks by Chief Justice Rehnquist.
The Fall 2002 issue of the University of Illinois Journal of Law, Technology and Policy contains articles from a symposium on Legal Regulation of new Technologies: Protection, Privacy, and Disclosure.
Tuesday, July 22, 2003
intriguing survey
I'm in the process of reading some interesting stuff that I haven't had the time to summarize yet, but I wanted to take the time to note a very intriguing project being undertaken by Professor Mary Anne Case of the University of Chicago. For a long time, Professor Case has been interested in the gender dynamics of . . . bathrooms. Why do we divide our bathrooms along gender lines? Safety? Custom? Cost? Architectural ease? I could wax nostalgic about my years at a little liberal arts college with co-ed bathrooms, but that would require a detailed discussion of construction paper signs with little arrows and, unfortunately, vomit.
Yes, I lived on the same side of campus as the football players.
Anyway, Professor Case has written on this topic and is looking to write more about it, but first she'd like to gather some numbers about people's experiences in bathrooms. To gather said numbers, she has put a very interesting survey up on her webpage. I confess that I have not actually submitted a completed survey yet, but I am busily plotting which theatre bathrooms will be the subject of my wrath . . .
Yes, I lived on the same side of campus as the football players.
Anyway, Professor Case has written on this topic and is looking to write more about it, but first she'd like to gather some numbers about people's experiences in bathrooms. To gather said numbers, she has put a very interesting survey up on her webpage. I confess that I have not actually submitted a completed survey yet, but I am busily plotting which theatre bathrooms will be the subject of my wrath . . .
law review headlines
The June 2003 issue of the Boston University Law Review has articles from a student symposium on Religious Schools after Zelman v. Simmons-Harris.
The Summer 2003 issue of Conflict Resolution Quarterly has articles from a colloquey on Reflections on Learning Models in the Field.
The Spring 2003 issue of the Connecticut Law Review has articles from a symposium on Crisis in Confidence: Corporate Governance and Professional Ethics Post-Enron as well as from the 2002 Gallivan Conference on Real Property Law.
The Winter 2003 issue of the Natural Resources Journal has an essay by Charles E. Little entitled Redeeming the Geography of Hope.
The Spring 2003 issue of the University of Florida Journal of Law and Public Policy focuses on Defending Childhood.
The Summer 2003 issue of the Virginia Journal of International Law has articles focusing on international antitrust.
The Summer 2003 issue of Conflict Resolution Quarterly has articles from a colloquey on Reflections on Learning Models in the Field.
The Spring 2003 issue of the Connecticut Law Review has articles from a symposium on Crisis in Confidence: Corporate Governance and Professional Ethics Post-Enron as well as from the 2002 Gallivan Conference on Real Property Law.
The Winter 2003 issue of the Natural Resources Journal has an essay by Charles E. Little entitled Redeeming the Geography of Hope.
The Spring 2003 issue of the University of Florida Journal of Law and Public Policy focuses on Defending Childhood.
The Summer 2003 issue of the Virginia Journal of International Law has articles focusing on international antitrust.
article summary
Cass R. Sunstein, Leary Lecture, Outrage, 2002 Utah L. Rev. (2002) [jury behavior]
Professor Cass Sunstein addresses how legal outcomes (with specific studies in the area of punitive damage awards) are affected by outrage. He describes studies that demonstrate that "the dollar awards of groups were systematically higher than the median of individual group members," with awards shifting upwards even for low awards. He attempts to explain these results by relating them to the more general phenomenon of group polarization, where "group members end up in a more extreme position in line with the predeliberation tendencies of group members." He raises three possible explanations: (1) that juries' "argument pools" are skewed in the direction of severity, because group members who favor severity will tend to make many arguments towards it, while groups that don't will not make as many forceful arguments the other way, (2) members of "outraged groups" might find it uncomfortable to urge relative leniency, and (3) "people with extreme views tend to have more confidence that they are right" and "as people gain confidence, they become more extreme in their beliefs."
He also attempts to tie in these observations to explain the evolution of terrorist organizations, arguing that "terrorist leaders act as polarization entrepreneurs." And he brings up experiments that show that people on juries act as intuitive retributivists, rather than as seekers of optimal deterrence (who would, presumably, attempt to use punitive damages awards to make up for shortfalls in enforcement). Finally, he describes how incoherence in jury awards also comes about when juries have insufficient context for their awards---i.e., when they only have data to "normalize" within one category of problems (say, personal injury or medical malpractice) rather than being exposed to more categories of judements (say, comparing personal injury and ecological injury and slander), stating "it may not be too much of a stretch to suggest" that people may be "quite outraged about behavior that, in a broader or different comparison set, would outrage them little or not at all."
Professor Cass Sunstein addresses how legal outcomes (with specific studies in the area of punitive damage awards) are affected by outrage. He describes studies that demonstrate that "the dollar awards of groups were systematically higher than the median of individual group members," with awards shifting upwards even for low awards. He attempts to explain these results by relating them to the more general phenomenon of group polarization, where "group members end up in a more extreme position in line with the predeliberation tendencies of group members." He raises three possible explanations: (1) that juries' "argument pools" are skewed in the direction of severity, because group members who favor severity will tend to make many arguments towards it, while groups that don't will not make as many forceful arguments the other way, (2) members of "outraged groups" might find it uncomfortable to urge relative leniency, and (3) "people with extreme views tend to have more confidence that they are right" and "as people gain confidence, they become more extreme in their beliefs."
He also attempts to tie in these observations to explain the evolution of terrorist organizations, arguing that "terrorist leaders act as polarization entrepreneurs." And he brings up experiments that show that people on juries act as intuitive retributivists, rather than as seekers of optimal deterrence (who would, presumably, attempt to use punitive damages awards to make up for shortfalls in enforcement). Finally, he describes how incoherence in jury awards also comes about when juries have insufficient context for their awards---i.e., when they only have data to "normalize" within one category of problems (say, personal injury or medical malpractice) rather than being exposed to more categories of judements (say, comparing personal injury and ecological injury and slander), stating "it may not be too much of a stretch to suggest" that people may be "quite outraged about behavior that, in a broader or different comparison set, would outrage them little or not at all."
Monday, July 21, 2003
article summary
Bruce Abramson, From Investor Fantasy to Regulatory Nightmare: Bad Network Economics and the Internet's Inevitable Monopolists, 16 Harvard Journal of Law & Technology (Fall 2002) [intellectual property]
Covering one of the hottest topics on the IP front, Charles River economist Bruce Abramson discusses the proper method of evaluating company documents for merger review in high-tech fields. Although there isn't much law in the piece, it sheds some light on an area (Hart-Scott-Rodino Act merger review) that's by and large insider baseball. Abramson argues that the unknown economics of e-tailing counsel against aggressive antitrust enforcement in the area. Abramson essentially conceives of such enforcement as a "tax" potentially crippling infant industries.
Covering one of the hottest topics on the IP front, Charles River economist Bruce Abramson discusses the proper method of evaluating company documents for merger review in high-tech fields. Although there isn't much law in the piece, it sheds some light on an area (Hart-Scott-Rodino Act merger review) that's by and large insider baseball. Abramson argues that the unknown economics of e-tailing counsel against aggressive antitrust enforcement in the area. Abramson essentially conceives of such enforcement as a "tax" potentially crippling infant industries.
opinion blurb
Posner on peer-to-peer (In Re: Aimster Copyright Litigation, 7th Cir. No. 02-4125) [law and technology]
The ever-prolific Judge Richard Posner has written an insightful opinion on the file-sharing service Aimster. The Recording Industry claimed Aimster contributorily infringed its copyrights (by abetting its members' copying); Aimster claimed it had "substantial noninfringing uses" (ala the VCR) and therefore should not be shut down because some of its members used the service for some illegal ends. Posner sets up a proposed spectrum of liability by developing an analogy with criminal law. A manufacturer of "slinky dresses" is not liable for damages caused by prostitution, even if knows some of its customers will use the dresses to that end; however, an owner of a massage parlor usually is. While recognizing several potentially noninfringing uses of p2p systems like Napster, Posner ultimately concludes that it is closer to the "massage parlor" than the "slinky dress manufacturer." The panel therefore upheld a PI against Aimster. The opinion also cites a fascinating article by Randy Picker in the Antitrust Bulletin on "Copyright Law as Entry Policy: The Case of Digital Distribution," which highlights the importance of antitrust policies in the IP field.
The ever-prolific Judge Richard Posner has written an insightful opinion on the file-sharing service Aimster. The Recording Industry claimed Aimster contributorily infringed its copyrights (by abetting its members' copying); Aimster claimed it had "substantial noninfringing uses" (ala the VCR) and therefore should not be shut down because some of its members used the service for some illegal ends. Posner sets up a proposed spectrum of liability by developing an analogy with criminal law. A manufacturer of "slinky dresses" is not liable for damages caused by prostitution, even if knows some of its customers will use the dresses to that end; however, an owner of a massage parlor usually is. While recognizing several potentially noninfringing uses of p2p systems like Napster, Posner ultimately concludes that it is closer to the "massage parlor" than the "slinky dress manufacturer." The panel therefore upheld a PI against Aimster. The opinion also cites a fascinating article by Randy Picker in the Antitrust Bulletin on "Copyright Law as Entry Policy: The Case of Digital Distribution," which highlights the importance of antitrust policies in the IP field.
off schedule
A journal that seems to be running behind:
- Western Legal History (Winter/Spring 2002 just out now).
law review headlines
The most recent issue of the Berkeley Journal of International Law contains articles from its 2002 Stefan A. Riesenfeld Symposium on Crimes Against Women Under International Law.
The Spring 2003 issue of the Berkeley Technology Law Journal contains articles from a symposium on The Law and Technology of Digital Rights Management.
The most recent issue of the Journal of Health Law and Policy contains articles from a sympsium called At the Crossroads---Public/Private Priorities Concerning Access to Genetic Information.
The Winter 2002 issue of the South Texas Law Review contains articles from a symposium on The Ethics of Litigation.
The Spring 2003 issue of the Washburn Law Journal has articles from the Ahrens Torts Seminar on Genomic Torts.
The Spring 2003 issue of the Berkeley Technology Law Journal contains articles from a symposium on The Law and Technology of Digital Rights Management.
The most recent issue of the Journal of Health Law and Policy contains articles from a sympsium called At the Crossroads---Public/Private Priorities Concerning Access to Genetic Information.
The Winter 2002 issue of the South Texas Law Review contains articles from a symposium on The Ethics of Litigation.
The Spring 2003 issue of the Washburn Law Journal has articles from the Ahrens Torts Seminar on Genomic Torts.
Friday, July 18, 2003
off schedule
A journal that seems to be running behind:
- University of Pittsburgh Law Review (Fall 2002 issue just out now).
law review headlines
The June 2003 issue of Federal Probation has an article by Kevin I. Minor, James B. Wells, Crissy Sims entitled Recidivism Among Federal Probationers--Predicting Sentence Violations.
The Spring 2003 issue of the Michigan Journal of International Law has a special feature on Cyberage Conflicts Law.
The May 2003 issue of the Stanford Law Review has a foreward by Harold Hongju Koh entitled On American Exceptionalism (available here), and the issue appears to have an overall focus on treaties, sovereignty, and international law.
The Spring 2003 issue of the Michigan Journal of International Law has a special feature on Cyberage Conflicts Law.
The May 2003 issue of the Stanford Law Review has a foreward by Harold Hongju Koh entitled On American Exceptionalism (available here), and the issue appears to have an overall focus on treaties, sovereignty, and international law.
Wednesday, July 16, 2003
off schedule
A journal that seems to be running behind:
- Hastings Communications and Entertainment Law Journal (Summer 2002 issue just out now).
law review headlines
The Spring 2003 issue of the Chapman Law Review has articles from the Economic Liberties Symposium, with an essay by Erwin Chemerinsky (my Fed. Courts savior) called Under the Bridges of Paris: Economic Liberties Should Not Be Just for the Rich.
The March 2003 issue of the Journal of Legal Education has an article by J. D. Droddy and C. Scott Peters entitled The Effect of Law School on Political Attitudes: Some Evidence from the Class of 2000.
The Summer 2003 issue of the Texas International Law Journal has an article by Jeanne M. Woods entitled Justiciable Social Rights as a Critique of the Liberal Paradigm.
The Summer 2003 issue of the Tulane Environmental Law Journal focuses on The Endangered Species Act: Thirty Years of Politics, Money, and Science, with an article by John D. Echeverria and Julie Lurman entitled "Perfectly Astounding" Public Rights: Wildlife Protection and the Takings Clause.
The Spring 2003 issue of the University of Colorado Law Review has an article by Jason Scott Johnston entitled The Tragedy of Centralization: The Political Economics of American Natural Resource Federalism.
The March 2003 issue of the Journal of Legal Education has an article by J. D. Droddy and C. Scott Peters entitled The Effect of Law School on Political Attitudes: Some Evidence from the Class of 2000.
The Summer 2003 issue of the Texas International Law Journal has an article by Jeanne M. Woods entitled Justiciable Social Rights as a Critique of the Liberal Paradigm.
The Summer 2003 issue of the Tulane Environmental Law Journal focuses on The Endangered Species Act: Thirty Years of Politics, Money, and Science, with an article by John D. Echeverria and Julie Lurman entitled "Perfectly Astounding" Public Rights: Wildlife Protection and the Takings Clause.
The Spring 2003 issue of the University of Colorado Law Review has an article by Jason Scott Johnston entitled The Tragedy of Centralization: The Political Economics of American Natural Resource Federalism.
Tuesday, July 15, 2003
law review headlines
The most recent issue of the Boston College Environmental Affairs Law Review has articles from a symposium on Twists in the Path from Mount Laurel.
The July 2003 issue of the Florida Law Review has a lecture by Lawrence Lessig entitled The Creative Commons, with commentaries on it from Thomas F. Cotter (Prolegomenon to a Memetic Theory of Copyright: Comments on Lawrence Lessig's The Creative Commons) and Jeffrey L. Harrison (Creativity or Commons: A Comment on Professor Lessig).
The most recent issue of the Fordham Intellectual Property, Media, and Entertainment Law Journal has articles from a recent symposium on big intellectual property cases.
The most recent issue of the Indiana Law Review has articles from a symposium on Compensation and September 11.
The Spring 2003 issue of the Journal of Appellate Practice and Process has essays on First Arguments at the Supreme Court of the United States.
The Summer 2003 issue of the New England Law Review has articles from a symposium called The ICTY at Ten: A Critical Assessment of the Major Rulings of the International Criminal Tribunal Over the Past Decade.
The June 2003 issue of the NYU Law Review has an article by Michael C. Dorf entitled Legal Indeterminacy and Institutional Design.
The June 2003 issue of the Texas Law Review presents articles from a symposium called Precommitment Theory in Bioethics and Constitutional Law.
The Spring 2003 issue of the University of Arkansas at Little Rock Law Review has articles from a symposium called Imagining the Law: Lawyers and Legal Issues in Popular Culture.
Also, NYU is publishing a new journal: ICON: International Journal of Constitutional Law. It looks pretty nifty!
The July 2003 issue of the Florida Law Review has a lecture by Lawrence Lessig entitled The Creative Commons, with commentaries on it from Thomas F. Cotter (Prolegomenon to a Memetic Theory of Copyright: Comments on Lawrence Lessig's The Creative Commons) and Jeffrey L. Harrison (Creativity or Commons: A Comment on Professor Lessig).
The most recent issue of the Fordham Intellectual Property, Media, and Entertainment Law Journal has articles from a recent symposium on big intellectual property cases.
The most recent issue of the Indiana Law Review has articles from a symposium on Compensation and September 11.
The Spring 2003 issue of the Journal of Appellate Practice and Process has essays on First Arguments at the Supreme Court of the United States.
The Summer 2003 issue of the New England Law Review has articles from a symposium called The ICTY at Ten: A Critical Assessment of the Major Rulings of the International Criminal Tribunal Over the Past Decade.
The June 2003 issue of the NYU Law Review has an article by Michael C. Dorf entitled Legal Indeterminacy and Institutional Design.
The June 2003 issue of the Texas Law Review presents articles from a symposium called Precommitment Theory in Bioethics and Constitutional Law.
The Spring 2003 issue of the University of Arkansas at Little Rock Law Review has articles from a symposium called Imagining the Law: Lawyers and Legal Issues in Popular Culture.
Also, NYU is publishing a new journal: ICON: International Journal of Constitutional Law. It looks pretty nifty!
Monday, July 14, 2003
law review headlines
The Spring 2003 issue of Law and Social Inquiry has articles from a symposium on Robert Burns's A Theory of the Trial.
Friday, July 11, 2003
off schedule
law review headlines
The most recent issue of the Cardozo Women's Law Journal has an article by Alice Kaswan entitled Defining the Movement: Parallels Between Feminism and Environmentalism.
The most recent issue of the Chicago-Kent Law Review has articles from a symposium entitled Law and Cultural Conflict.
The most recent issue of the Chicago-Kent Law Review has articles from a symposium entitled Law and Cultural Conflict.
Thursday, July 10, 2003
only kinda off schedule
Looks like the Southwestern Law Review is playing catchup, given that Nos. 3 and 4 came out roughly around the same time. But it's not like they fell that far behind, as both of those issues are 2003 issues.
law review headlines
Ooh! David A. Koplow has an article in the most recent issue of the Maryland Law Review entitled That Wonderful Year: Smallpox, Genetic Engineering, and Bio-Terrorism.
And the most recent issue of the Villanova Law Review has an article by Frank J. Vandall entitled Constricting Products Liability: Reforms in Theory and Procedure.
And the most recent issue of the Villanova Law Review has an article by Frank J. Vandall entitled Constricting Products Liability: Reforms in Theory and Procedure.
Wednesday, July 09, 2003
off schedule
A journal that seems to be running behind:
- the Journal of Legal Economics (Fall 2001 issue just out now).
law review headlines
The June 2003 issue of the George Washington Law Review has Recent Decisions of the United States Court of Appeals for the District of Columbia Circuit.
The Spring 2003 issue of the Journal of Land Use and Environmental Law has Proceedings from the 9th Annual Public Interest Environmental Conference: "Florida's Final Frontiers: Saving What's Left." And you can read the articles online!
The Spring 2003 issue of the Journal of Land Use and Environmental Law has Proceedings from the 9th Annual Public Interest Environmental Conference: "Florida's Final Frontiers: Saving What's Left." And you can read the articles online!
Tuesday, July 08, 2003
off schedule
Journals that seem to be running behind:
- the Touro Law Review (Fall 2002 issue just out now), and
- the Whittier Law Review (Winter 2002 issue just out now).
law review headlines
The Spring 2003 issue of the Boston College International and Comparative Law Review has articles from its symposium on Science and International Trade. It includes this intriguing title: The Myth of Science as a "Neutral Arbiter" for Triggering Precautions, by Vern R. Walker.
The most recent issue of Journal of Legislation has an article by Rebecca A. Cochran entitled Federal Court Certification of Questions of State Law to State Courts: A Theoretical and Empirical Study.
The Fall 2002 (yes, this just came out) issue of the Touro Law Review covers has articles from its Fourteenth Annual Supreme Court Review Symposium.
The Winter 2002 (yes, this just came out) issue of the Whittier Law Review contains articles from its Twenty-First Annual Health Law Symposium on "Human Genetics: Legal, Medical, and Ethical Perspectives."
The most recent issue of Journal of Legislation has an article by Rebecca A. Cochran entitled Federal Court Certification of Questions of State Law to State Courts: A Theoretical and Empirical Study.
The Fall 2002 (yes, this just came out) issue of the Touro Law Review covers has articles from its Fourteenth Annual Supreme Court Review Symposium.
The Winter 2002 (yes, this just came out) issue of the Whittier Law Review contains articles from its Twenty-First Annual Health Law Symposium on "Human Genetics: Legal, Medical, and Ethical Perspectives."
Monday, July 07, 2003
off schedule
Journals that seem to be running behind:
- the Hastings Constitutional Law Quarterly (Summer 2002 issue just out now),
- the Journal of Law and Economics (October 2002 issue just out now), and
- the Utah Law Review (2002 issue just out now).
law review headlines
The Summer 2003 issue of the Alabama Law Review is publishing Two Views on the Impact of Ring v. Arizona on Capital Sentencing. It also has an article by Nickolai G. Levin entitled Constitutional Statutory Synthesis.
The June 2003 issue of the American Economic Review has an article by Vernon L. Smith entitled Constructivist and Ecological Rationality in Economics.
The July 2003 issue of Family Court Review focuses on Separated and Unmarried Fathers and the Courts.
The Spring 2003 issue of the George Mason Civil Rights Law Journal has an article by Holly James McMickle entitled Letting DOJ Lead the Way: Why DOJ's Pattern or Practice Authority is the Most Effective Tool to Control Racial Profiling.
The October 2002 issue of the Journal of Law and Economics (yes, this has just recently been published) focuses on The Regulation of Medical Innovation and Pharmaceutical Markets, from "a conference sponsored by the MacLean Center for Clinical Medical Ethics, the Irving B. Harris Graduate School of Public Policy Studies, and the Law School at the University of Chicago."
The Summer 2003 issue of the Mercer Law Review presents a survey of recent 11th Circuit law.
Whoa, the Spring 2003 issue of the Southern California Interdisciplinary Law Journal has several very amusing-sounding articles:
The most recent issue of the Suffolk University Law Review has: Gerard J. Clark, Supervising Judicial Interns: A Primer.
The Special 2003 issue of the Texas International Law Journal is a symposium issue on Judicialization and Globalization of the Judiciary.
The March 2003 issue of the Tulane Law Review holds symposium articles from the Tulane Latin American Law Institute Symposium: "Energy Law, Free Trade Agreements, and Law Reform In Latin America."
The Summer 2003 of the Tulsa Law Review provides articles from the Legal Scholarship Symposium: "The Scholarship of Sanford Levinson."
Finally, the latest issue of the Utah Law Review (from 2002, alas) contains
The June 2003 issue of the American Economic Review has an article by Vernon L. Smith entitled Constructivist and Ecological Rationality in Economics.
The July 2003 issue of Family Court Review focuses on Separated and Unmarried Fathers and the Courts.
The Spring 2003 issue of the George Mason Civil Rights Law Journal has an article by Holly James McMickle entitled Letting DOJ Lead the Way: Why DOJ's Pattern or Practice Authority is the Most Effective Tool to Control Racial Profiling.
The October 2002 issue of the Journal of Law and Economics (yes, this has just recently been published) focuses on The Regulation of Medical Innovation and Pharmaceutical Markets, from "a conference sponsored by the MacLean Center for Clinical Medical Ethics, the Irving B. Harris Graduate School of Public Policy Studies, and the Law School at the University of Chicago."
The Summer 2003 issue of the Mercer Law Review presents a survey of recent 11th Circuit law.
Whoa, the Spring 2003 issue of the Southern California Interdisciplinary Law Journal has several very amusing-sounding articles:
- Michael L. Boyer, Contract as Text: Interpretive Overlap in Law and Literature,
- Joshua A. Newberg, The Narrative Construction of Antitrust, and
- Cecilia Ogbu, Note, I Put Up a Website about My Favorite Show and All I Got Was This Lousy Cease-and-Desist Letter: The Intersection of Fan Sites, Internet Culture, and Copyright Owners.
The most recent issue of the Suffolk University Law Review has: Gerard J. Clark, Supervising Judicial Interns: A Primer.
The Special 2003 issue of the Texas International Law Journal is a symposium issue on Judicialization and Globalization of the Judiciary.
The March 2003 issue of the Tulane Law Review holds symposium articles from the Tulane Latin American Law Institute Symposium: "Energy Law, Free Trade Agreements, and Law Reform In Latin America."
The Summer 2003 of the Tulsa Law Review provides articles from the Legal Scholarship Symposium: "The Scholarship of Sanford Levinson."
Finally, the latest issue of the Utah Law Review (from 2002, alas) contains
- Cass R. Sunstein, Lecture, Outrage
- Igor Stramignoni, The King's One Too Many Eyes: Language, Thought, and Comparative Law, and
- Alexander Volokh, The Pitfalls of the Environmental Right-to-Know.
welcome!
I'm still in the process of setting this up, so please give me time. One thing I want to do is accumulate a database of law journals, with contact information, how often they're running, etc.1 Yes, I know, there are already directories of law reviews out here on the web, but they don't indicate one of the most important things to authors---whether the review is publishing on time. So I'm making a list. I'm hoping this will eventually be a good resource for both authors and students.
I'm also hoping that this will become a good bookmark list of articles I should/have read. As such, it will probably have lists of articles about environmental law, natural resources law, risk and regulation, political participation, game theory, law and economics, civil rights, plus a smattering of other random topics that are of interest to me, like anything Cass Sunstein writes. PLEASE NOTE: the listing of these articles are in no way an endorsement (or a rebuff) of the content of these articles---in many cases I won't even have read them and they just happen to have titles that sound interesting to me.
So. Here goes!
1. Because I don't have a ton of time all at once, I'm going to do this slowly and gradually. Basically, I'll input the information as it appears on the University of Texas law library's This Month's Contents page, which, by the way, is a fabulous resource.
I'm also hoping that this will become a good bookmark list of articles I should/have read. As such, it will probably have lists of articles about environmental law, natural resources law, risk and regulation, political participation, game theory, law and economics, civil rights, plus a smattering of other random topics that are of interest to me, like anything Cass Sunstein writes. PLEASE NOTE: the listing of these articles are in no way an endorsement (or a rebuff) of the content of these articles---in many cases I won't even have read them and they just happen to have titles that sound interesting to me.
So. Here goes!
1. Because I don't have a ton of time all at once, I'm going to do this slowly and gradually. Basically, I'll input the information as it appears on the University of Texas law library's This Month's Contents page, which, by the way, is a fabulous resource.
