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Articles 1 - 30 of 85
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Agreeing To Disagree: Security Council Resolution 1441 And Intentional Ambiguity, Michael Byers
Agreeing To Disagree: Security Council Resolution 1441 And Intentional Ambiguity, Michael Byers
Faculty Scholarship
No abstract provided.
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
Faculty Scholarship
Citizens use the initiative process to make new laws. Many winning initiatives, however, are altered or ignored after Election Day. We examine why this is, paying particular attention to several widely-ignored properties of the post-election phase of the initiative process. One such property is the fact that initiative implementation can require numerous governmental actors to comply with an initiative’s policy instructions. Knowing such properties, the question then becomes: When do governmental actors comply with winning initiatives? We clarify when compliance is full, partial, or not at all. Our findings provide a template for scholars and observers to better distinguish cases …
The Rehnquist Revolution, Erwin Chemerinsky
Evaluating The Fcc’S National Television Ownership Cap: What’S Bad For Broadcasting Is Good For The Country, Stuart M. Benjamin
Evaluating The Fcc’S National Television Ownership Cap: What’S Bad For Broadcasting Is Good For The Country, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
‘Idiot’S Guide’ To Sovereign Debt Restructuring, Steven L. Schwarcz
‘Idiot’S Guide’ To Sovereign Debt Restructuring, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Freedom’S New Fight, Jedediah Purdy
Freedom’S New Fight, Jedediah Purdy
Faculty Scholarship
Reviewing, Lawrence Lessig, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity (2004)
Hormesis, Hotspots And Emissions Trading, Jonathan B. Wiener
Hormesis, Hotspots And Emissions Trading, Jonathan B. Wiener
Faculty Scholarship
Instrument choice -- the comparison of technology standards, performance standards, taxes and tradable permits -- has been a major topic in environmental law and environmental economics. Most analyses assume that emissions and health effects are positively and linearly related. If they are not, this complicates the instrument choice analysis. This article analyses the effects of a nonlinear dose/response function on instrument choice. In particular, it examines the effects of hormesis (highdose harm but low-dose benefit) on the choice between fixed performance standards and tradable emissions permits. First, the article distinguishes the effects of hormesis from the effects of local emissions. …
Convergence, Divergence, And Complexity In Us And European Risk Regulation, Jonathan B. Wiener
Convergence, Divergence, And Complexity In Us And European Risk Regulation, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
Proprietary Considerations, Arti K. Rai, Rebecca S. Eisenberg
Proprietary Considerations, Arti K. Rai, Rebecca S. Eisenberg
Faculty Scholarship
No abstract provided.
Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn
Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn
Faculty Scholarship
Presented at the European University Institute, Florence, 24-25 September 2004, Conference on Legal Patterns of Transnational Social Regulations and Trade
A Pro Bono Requirement For Faculty Members, Erwin Chemerinsky
A Pro Bono Requirement For Faculty Members, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Evolving Standards Of Decency In 2003 - Is The Dealth Penalty On Life Support?, Erwin Chemerinsky
Evolving Standards Of Decency In 2003 - Is The Dealth Penalty On Life Support?, Erwin Chemerinsky
Faculty Scholarship
Honorable James J. Gilvary Symposium on Law, Religion and Social Justice, Keynote Address
The Death Of The Efficiency-Equity Tradeoff?: A Commentary On Mcmahon’S The Matthew Effect And Federal Taxation, Richard L. Schmalbeck
The Death Of The Efficiency-Equity Tradeoff?: A Commentary On Mcmahon’S The Matthew Effect And Federal Taxation, Richard L. Schmalbeck
Faculty Scholarship
Professor Martin J. McMahon, Jr.'s Afticle on the Matthew effect presents an important and timely argument about decreasing the income inequality in the United States through the federal tax system. His contention that the rich tend to get richer is widely supported by both economic and social theories. But Professor McMahon may be too sanguine about Congress's ability to increase top marginal tax rates signfficantly without adversely affecting economic output. In particular, concerns about the validity of the long-term studies on which he relies, and the failure to account fully for the special circumstances of very high-income taxpayers, suggest that …
Rethinking The Disclosure Paradigm In A World Of Complexity, Steven L. Schwarcz
Rethinking The Disclosure Paradigm In A World Of Complexity, Steven L. Schwarcz
Faculty Scholarship
In a prior article, Professor Schwarcz examined the factors that differentiate Enron's questionable use of off-balance sheet special purpose entities, (SPEs) from the trillions of dollars of "legitimate" securitization and other structured-finance transactions that use SPEs. The presence of meaningful differences, Professor Schwarcz argued, may inform regulatory schemes by providing a basis to distinguish which such transactions should be allowed or restricted. In that connection, Professor Schwarcz encountered the dilemma that some structured transactions are so complex that disclosure to investors of the company originating the transaction is necessarily imperfect - either oversimplifying the transaction, or providing detail and sophistication …
Reconsidering Private Foundation Investment Limitations, Richard L. Schmalbeck
Reconsidering Private Foundation Investment Limitations, Richard L. Schmalbeck
Faculty Scholarship
No abstract provided.
The Rehnquist Court’S Two Federalisms, Ernest A. Young
The Rehnquist Court’S Two Federalisms, Ernest A. Young
Faculty Scholarship
No abstract provided.
Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler
Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Faculty Scholarship
The last few years have been a particularly heady period for governments, private parties, and NGOs seeking to develop new rules to regulate intellectual property ("IP") protection standards. During that time, a slew of lawmaking initiatives, studies, and reports have been launched in a strikingly large number of international venues. Work on intellectual property rights is now underway in intergovernmental organizations such as the World Trade Organization ("WTO"), World Intellectual Property Organization ("WIPO"), and Food and Agriculture Organization ("FAO"); in negotiating fora such as the Convention on Biological Diversity ("CBD") and its Conference of the Parties and the Commission on …
A Tournament Of Judges?, Stephen Choi, Mitu Gulati
A Tournament Of Judges?, Stephen Choi, Mitu Gulati
Faculty Scholarship
We suggest a Tournament of Judges where the reward to the winner is elevation to the Supreme Court. Politics (and ideology) surely has a role to play in the selection of justices. However, the present level of partisan bickering has resulted in delays in judicial appointments as well as undermined the public's confidence in the objectivity of justices selected through such a process. More significantly, much of the politicking is not transparent, often obscured with statements on a particular candidate's "merit"- casting a taint on all those who make their way through the judicial nomination process. We argue that the …
Introduction: Mini-Symposium: International Public Goods And The Transfer Of Technology Under A Globalized Intellectual Property Regime, Jerome H. Reichman, Keith E. Maskus
Introduction: Mini-Symposium: International Public Goods And The Transfer Of Technology Under A Globalized Intellectual Property Regime, Jerome H. Reichman, Keith E. Maskus
Faculty Scholarship
No abstract provided.
Choosing The Next Supreme Court Justice: An Empirical Ranking Of Judge Performance, Mitu Gulati, Stephen J. Choi
Choosing The Next Supreme Court Justice: An Empirical Ranking Of Judge Performance, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
The judicial appointments process has grown increasingly frustrating in recent years. Both sides claim that their candidates are the "most meritorious" and yet this is seldom any discussion of what constitutes merit. Instead, the discussion moves immediately to the candidates' likely positions on hot-button political issues like abortion, gun control, and the death penalty. One side claims that it is proposing certain candidates based on merit, while the other claims that the real reason for pushing those candidates is their ideology and, in particular, their likely votes on key hot-button issues. With one side arguing merit and the other side …
Putting The Gun Control Debate In Social Perspective, Erwin Chemerinsky
Putting The Gun Control Debate In Social Perspective, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Collapsing Corporate Structures: Resolving The Tension Between Form And Substance, Steven L. Schwarcz
Collapsing Corporate Structures: Resolving The Tension Between Form And Substance, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
It’S Just Water: Toward The Normalization Of Admiralty, Ernest A. Young
It’S Just Water: Toward The Normalization Of Admiralty, Ernest A. Young
Faculty Scholarship
No abstract provided.
The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo
The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo
Faculty Scholarship
This is the first paper to statistically examine the timing of interest group lobbying. It introduces a theoretical framework based on recurring “structural policy windows” and argues that these types of windows should have a large effect on the intensity and timing of interest group activity. Using a new database of all lobbying expenditures in the U.S. states ranging up to 25 years, the paper shows interest group lobbying increases substantially during one of these structural windows in particular--the budgeting process. Spikes in lobbying during budgeting are driven primarily by business groups. Moreover, even groups relatively unaffected by budgets lobby …
Finding Cures For Tropical Diseases: Is Open Source An Answer?, Arti K. Rai, Stephen M. Maurer, Andrej Sali
Finding Cures For Tropical Diseases: Is Open Source An Answer?, Arti K. Rai, Stephen M. Maurer, Andrej Sali
Faculty Scholarship
No abstract provided.
On Military Commissions, Scott L. Silliman
On Military Commissions, Scott L. Silliman
Faculty Scholarship
With pretrial hearings for several detainees underway at Guantanamo Bay, and the prospect for full trials before military commissions1 starting either late this year or early in 2005, this little understood option for prosecuting terrorists has become the focus of intense debate within this country and abroad, even becoming an election year issue for the presidential contenders. Many have suggested that the military commission procedures should have grafted in more of the due process protections afforded in courts-martial under the Uniform Code of Military Justice, the criminal justice system created by Congress to govern the conduct of our own service …
A Reflection On Rulemaking: The Rule 11 Experience, Paul D. Carrington, Andrew Wasson
A Reflection On Rulemaking: The Rule 11 Experience, Paul D. Carrington, Andrew Wasson
Faculty Scholarship
No abstract provided.
Organisational Responses To Discontinuous Innovation: A Case Study Approach, Barak D. Richman, Jeffrey T. Macher
Organisational Responses To Discontinuous Innovation: A Case Study Approach, Barak D. Richman, Jeffrey T. Macher
Faculty Scholarship
Research that examines entrant-incumbent dynamics often points to the organisational limitations that constrain incumbents from successfully pursuing new technologies or fending off new entrants. Some incumbents are nevertheless able to successfully implement organisational structures and develop routines that overcome these institutional constraints. We provide a case-study analysis of how three firms - Motorola, IBM and Kodak - responded to "discontinuous" innovations and the associated structural and organisational limitations that are typical to incumbent organisations. Each firm was able to capture gains from new technologies and develop profitable products in emerging markets, although their abilities to sustain these gains varied due …
What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat
What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat
Faculty Scholarship
Although corporate criminal liability has been recognized in the United States for nearly a century, contemporary academic commentators have questioned its legitimacy and argued that it is inferior to its alternatives: civil liability for the corporation and/or criminal liability for individual corporate agents. Other academic critics have attacked the present definitions of corporate criminal liability. In other words, although corporate criminal liability has also had its academic champions, it has been under attack in the United States. The situation in Europe poses a sharp contrast.