Article

Counterfeiting in the People’s Republic of China

Daniel C. K. Chow
This Article examines counterfeiting in China, its origins, and problems in enforcement. It also provides some suggestions for alleviating the problem, and concludes with some observations about the future of counterfeiting in China. Part I of this Article examines the size, scope, and severity of the counterfeiting problem. Part II reviews the enforcement system in China, the current issues that contribute to a lack of effective enforcement, and provides some…
Article

Norm Origin and Development in Cyberspace: Models of Cybernorm Evolution

April Mara Major
Social norm theory seeks to explain such informal constraints on human behavior. While numerous areas of academia employ social norm theory, scholars have yet to apply it directly to the study of the Internet. This Article traces norm origin and development in cyberspace and presents a corresponding theory of “cybernorms”; a theory which explains informal constraints on human behavior in cyberspace.
Article

Value Pluralism in Legal Ethics

W. Bradley Wendel
My claim in this Article is that the foundational normative values of lawyering are substantively plural and, in many cases, incommensurable. By plural I mean that the ends served by the practice of lawyering are fundamentally diverse, and are therefore valued in different ways. Lawyers promote multiple worthwhile goals, including not only preserving individual liberty, speaking truth to power, showing mercy, and resisting oppression, but also enhancing order and stability…
Article

Intervention in Public Law Litigation: The Environmental Paradigm

Peter A. Appel
This Article consists of four parts. Part I explores the theoretical development of public law litigation, with a particular focus on the overlooked role that environmental litigation and its peculiarities should play in this thinking. Part II examines the history and development of intervention as a procedural device, and then outlines how it presently functions in public law cases. Part III then examines the interrelated claims that federal courts generally…
Article

Rethinking Intervention in Environmental Litigation

Carl Tobias
Intervention in Public Law Litigation: The Environmental Paradigm (Environmental Paradigm) substantially enhances understanding of intervention in federal environmental disputes. These controversies are a critical type of modern civil lawsuit and perhaps constitute the quintessential form of public law litigation. Professor Peter Appel comprehensively reviews the lengthy history of the intervention mechanism, scrutinizes the substantial 1966 revision of Federal Rule of Civil Procedure 24, and closely examines the phenomenon of public…
Article

A Reply to Professor Tobias

Peter A. Appel
Professor Tobias finds four primary faults with my account. First, he believes that I rely too heavily on impressionistic and anecdotal data in formulating my conclusions, although he recognizes that all analyses of intervention— his own included— suffer from the same fault. Second, he argues that my article and other considerations of this area would benefit from “a more refined understanding of modern environmental litigation.” Third, Professor Tobias expresses doubt…