Throwing Away the Key Article
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Ellen S. Podgor, Throwing Away the Key, 116 Yale L.J. Forum (2007)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Throwing Away the Key, 116 Yale L.J. Forum (2007)Clicking on the button will copy the full recommended citation.
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Mark D. Bauer, Whither Dr. Miles?, 20 Loy. Consumer L. Rev. 1 (2007)Clicking on the button will copy the full recommended citation.
This essay analyzes the June 2007 Supreme Court decision of Leegin v. PSKS. That case overruled a 96 year old Supreme Court case, Dr. Miles v. Park & Sons. The Leegin case eliminated Dr. Miles' per se rule in antitrust for minimum resale price maintenance between manufacturers and retailers. The essay examines the history and controversy of Dr. Miles, acts of Congress to circumvent and then restore Dr. Miles, the controversy over the Leegin case, and likely outcomes in the future.
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Ellen S. Podgor, White Collar Crime: A Letter From the Future, 5 Ohio St. J. Crim. L. 247 (2007)Clicking on the button will copy the full recommended citation.
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Roy Balleste, Hypothetical Case Study: Creating AI Assistants in the Law Library, 26 Legal Ref. Serv. Q. 47 (2007)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Reconsidering In-Lieu Fees: A Modest Proposal, Ecosystem Marketplace (2007)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Daniel M. Filler, International Criminal Jurisdiction in the Twenty-First Century: Rediscovering United States v. Bowman, 44 San Diego L. Rev. 585 (2007)Clicking on the button will copy the full recommended citation.
Laws Apply at Sea, Supreme Court Rules was the Washington Post headline for a story reporting the Supreme Court's November 13, 1922 decision of United States v. Bowman. In 1922, America had not yet imagined a globalized world where a local Washington D.C. phone call might be answered in New Delhi and where the notion of Americans making clothes and forging steel was becoming quaint and antiquated. Yet in the Bowman decision, the Court laid the groundwork for a twenty-first century defined by global commerce and crime without borders. Today, the Bowman decision receives relatively little attention. When it is cited, it is often misread by lower courts. But as this new century unfolds, Bowman is likely to be seen as a central decision in the evolution of international criminal jurisdiction. It is time to shine a new light on Bowman-a criminal procedure decision that has long been underrated and misunderstood.
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Peter Lake, Higher Education Called to Account: Colleges and the Law after Virginia Tech, Chronicle of Higher Education 53 (2007)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, The Impact of Criminal Sanctions on Corporate Misconduct, 2 J. Bus. & Tech. L. 119 (2007)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, Biodiversity and a New Best Case for Applying the Environmental Statues Extraterritorially, 37 Envtl. L. 1107 (2007)Clicking on the button will copy the full recommended citation.
The federal courts have applied a presumption that environmental statutes do not apply to conduct overseas. Efforts to overcome this presumption through the supposed intent of Congress have largely failed. This Article argues for a new best case for applying environmental laws extraterritorially, focusing on the Endangered Species Act's powerful section 7. This best case would assert that (1) the overseas action affects interests within the United States, such as the interest in preserving biodiversity for future needs, and (2) the action would not create a clash with the expectations of foreign governments or culture.
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Theresa J. Pulley Radwan, Keeping the Faith: The Rights of Parishioners in Church Reorganizations, 82 Wash. L. Rev. 75 (2007)Clicking on the button will copy the full recommended citation.