Matching Entries: 8,424

  • SDG-17
    From GATS to APEC: The Impact of Trade Agreements on Legal Services
    01 Jan 2010

    This article provides a comprehensive overview of the treatment of legal services in the United States’ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begi…

  • SDG-17
    Chimeric Criminals
    01 Jan 2012

    According to the book Genetic Justice: DNA Databanks, Criminal Investigations, and Civil Liberties — described as “the single most comprehensive articulation of the civil-liberties concerns associated with law-enforcement DNA databases,” “a series of measured arguments,” and “a touchstone for debates about the spread of DNA profiling” — an obscure genetic condition known as chimerism “could under…

  • SDG-17
    Case Comment - People v. Nelson: A Tale of Two Statistics
    01 Jan 2008

    In recent years, defendants who were identified as a result of a search through a database of DNA profiles have argued that the probability that a randomly selected person would match a crime-scene stain overstates the probative value of the match. The statistical literature is divided, with most statisticians who have written on the subject rejecting this claim. In People v. Nelson, the Supreme …

  • SDG-16 SDG-17
    Two Fallacies About DNA Data Banks for Law Enforcement
    01 Jan 2001

    This commentary on the article Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67 Brook. L. Rev. 127 (2001), by Mark Rothstein and Sandra Carnahan, argues that the case for confining law enforcement DNA databases to noncoding loci and to samples from individuals convicted of violent crimes is quite weak.

    It describes alternative approaches, including the possibil…

  • SDG-17
    DNA Database Trawls and the Definition of a Search in Boroian v. Mueller
    01 Jan 2011

    As a general matter, once the government acquires information from a permissible search or seizure, it can use this information in later criminal investigations. Courts have applied this simple rule to uphold the indefinite reuse of DNA samples acquired from convicted offenders. This essay describes the First Circuit Court of Appeals’ reliance on the rule in rejecting a convicted offender’s claim…

  • SDG-5 SDG-17
    A Regulatory Solution to Better Promote the Educational Values and Economic Sustainability of Intercollegiate Athletics
    01 Jan 2014

    Currently there are several pending antitrust suits challenging NCAA rules restricting the economic benefits intercollegiate athletes may receive for their sports participation. Although remedying the inherent problems of commercialized college sports (primarily Division I football and men’s basketball) is a laudable objective, a free market solution mandated by antitrust law may have unintended …

  • SDG-17
    Gaining Assurances
    01 Jan 2012

    This Article explores alternative legal mechanisms for solving a type of coordination problem known as the Assurance Game. The traditional approach has been to focus on changing the expectations of the parties. This Article focuses on altering the underlying payoff structure — not through sanctions, but through risk-reducing mechanisms such as guarantees.

    One type of risk-reducing mechanism is th…

  • SDG-16 SDG-17
    The Ballad of Transborder Arbitration
    01 Jan 2002

    International commercial arbitration (ICA) is many things positive. Because business transactions cannot take place without a functional system of adjudication,ICA has enabled parties to engage in and pursue international commerce. As a result, it has had an enormous impact upon the international practice of law, the structuring of a de facto international legal system, and the development of a s…

  • SDG-2 SDG-17
    Statistical Significance and the Burden of Persuasion
    01 Jan 1983

    In most endeavors concerned with the acquisition of knowledge, quantitative information is welcomed. In law, however, it appears sometimes that scientific or numerical evidence makes cases harder, not easier. Nevertheless, there are many cases and administrative proceedings, in such areas as environmental law, food and drug regulation, and civil rights, in which statistical data obtained by obser…

  • SDG-17
    Probabilities and Proof: Can HLA and Blood Group Testing Prove Paternity?
    01 Jan 1979

    Advancing medical technology has produced tests which offer the opportunity to resolve paternity disputes with more accuracy than unaided traditional evidentiary techniques are likely to obtain. Because the biology underlying the statistical evidence in paternity cases offers a wealth of previously unavailable information which is certain to revolutionize the adjudication of paternity suits, but …