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The Failure of Peer Review
In this article on peer review, we hope to create for the reader a healthy skepticism about the process, and shed light on assumptions that we believe are often made by colleagues, attorneys and judges about the academic rigor and scientific integrity of the endeavor. We begin with a fundamental truth that may appear to many readers to have been borrowed from the collected quotes of Yogi Berra: The quality of peer review is inextricably tied to the quality of the peers conducting the review.
Who Is a Peer?
In 1986, in Batson v. Kentucky, 476 U.S. 79, the United States Supreme Court weighed in on the meaning of 'peer' as used in the jury selection process. In doing so, the Court drew upon a decision handed down in 1879. In Strauder v. West Virginia, 100 U.S. 303 (1879), the Court defined peers as 'equals of the person whose rights [the jury] is selected or summoned to determine; that is, [a jury] of his neighbors, fellows, associates, persons having the same legal status in society as that which he holds' (at 308).
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?