Law School Scholarly Works: Recent submissions
Now showing items 61-80 of 629
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Interrogations and Police Deceptions – Moran v. Burbine
(University of Kansas School of Law, Criminal Justice Clinic, 1987-01-01)The United States Supreme Court recently addressed the issue of whether police officers' failure to inform a suspect of his attorney's efforts to reach him would deprive the suspect of information essential to his ability ... -
Aerial Surveillance and the Fourth Amendment – California v. Ciraolo
(University of Kansas School of Law, Criminal Justice Clinic, 1987-01-01)Law enforcement officials have increasingly turned to aerial surveillance as a means of combating crime. Aerial surveillance often enables police to view areas that they otherwise would be unable to view without a warrant. ... -
Survey of Trends in Search and Seizure Law
(University of Kansas School of Law, Criminal Justice Clinic, 1987-01-01)This article surveys significant trends in search and seizure law. Recent United States Supreme Court decisions are reviewed. The scope of this survey is limited to the following four areas: (1) fourth amendment protected ... -
Bringing Standards to Life: Synthetic Biology Standards and Intellectual Property
(Santa Clara High Technology Law Journal, 2014)In aspiring to become a true engineering discipline for the biological sciences, the field of synthetic biology has a unique opportunity to create and encourage the widespread adoption of standards to enhance innovation ... -
Trans-Pacific Partnership or Trampling Poor Partners? A Tentative Critical Review
(Manchester Journal of International Economic Law, 2014-04)The Trans-Pacific Partnership (TPP) could be the most economically and politically significant free trade agreement (FTA) in the Asia-Pacific region. Conceived in 2006 by just four small countries, it now embraces 12 that ... -
First Generation Indian External Sector Reforms in Context
(National Law University, Jodhpur, India, 2013)India's first generation external sector reforms are a fascinating case study of emergence from a post-Independence socialist-style economy to the world’s largest free market democracy. Part I of this article reviews the ... -
Originalism, Balanced Legal Realism and Judicial Selection: A Case Study
(Kansas Journal of Law & Public Policy, 2013-07-10)The "balanced realist" view that judging inevitably involves lawmaking is widely accepted, even among originalists, such as Justice Scalia, Randy Barnett and Steven Calabresi. Yet many lawyers are still reluctant to ... -
Is Adjudication a Public Good?: “Overcrowded Courts” and the Private-Sector Alternative of Arbitration
(Cardozo Journal of Conflict Resolution, 2013-07-11)One way to end the public subsidy for cases that do not deserve it is for courts to charge the parties to such a case a fee high enough to reimburse the court for its costs of adjudicating the case. Several thoughtful ... -
You Can't Go Holmes Again
(Northwestern University Law Review, 2012)Under the standard interpretation of 28 U.S.C. § 1331, the so called Holmes test, pleading a federal cause of action is sufficient for finding federal question jurisdiction. In January 2012, the Supreme Court, in Mims v. ... -
'Sticky' Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex
(2013)We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the Supreme Court’s decision in Concepcion, commentators ... -
Carve-Outs and Contractual Procedure
(2013)The burgeoning literature on private contractual choice of procedure has run up against a difficult empirical reality: the available empirical evidence reveals surprisingly little use of customized procedural rules in ... -
2011 Kansas Bar Association Annual Survey - Chapter 29: Torts
(Kansas Bar Association, 2011)Torts chapter of the 2011 Kansas Bar Association Annual Survey. -
2003 Kansas Bar Association Annual SURVEY - Chapter 28: Torts
(Kansas Bar Association, 2003)Chapter on Torts in the 2003 Kansas Bar Association Annual Survey. -
2008 Kansas Bar Association annual survey - Chapter 29: Torts
(Kansas Bar Association, 2008)Torts chapter of the 2008 Kansas Bar Association annual survey. -
Intellectual Property and Public Health – A White Paper
(2013)On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an ... -
Patent Expertise and the Regress of Useful Arts
(Southern Illinois University School of Law, 2009)Employing a multi-user interactive simulation of patent and non-patent (commons and open source) systems (the "Patent Game"), this study compares empirical data on rates of innovation, productivity, and social utility ... -
Intellectual Property as the Third Dimension of GMO Regulation
(University of Kansas School of Law, 2007)In the past, opposition to GMOs and GM crops has tended to focus on alleged dangers to human health and environmental safety. The United States, Canada, and Europe have all established regulatory frameworks whose stated ... -
Towards Engaged Scholarship
(2013)The practice-oriented influences of the Carnegie Foundation’s Educating Lawyers and the report of the Clinical Legal Education Association, Best Practices for Legal Education, have been working on the academy for only five ... -
The Supreme Court’s Regulation of Civil Procedure: Lessons from Administrative Law
(UCLA School of Law, 2012)In this Article, we argue that the Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments ...
