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2009

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Guardians And Guardians Ad Litem In New York, Gerald Lebovits Dec 2008

Guardians And Guardians Ad Litem In New York, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Winning Through Integrity And Professionalism, Gerald Lebovits Dec 2008

Winning Through Integrity And Professionalism, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Part 137: The Attorney-Client Fee-Dispute Program, Gerald Lebovits Dec 2008

Part 137: The Attorney-Client Fee-Dispute Program, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


A Just Zionism (Book Review) (In Hebrew), Reuven (Ruvi) Ziegler Dec 2008

A Just Zionism (Book Review) (In Hebrew), Reuven (Ruvi) Ziegler

Dr. Reuven (Ruvi) Ziegler

A book review of Tel Aviv University Professor Chaim Gans' book ‘A Just Zionism: On the Morality of the Jewish State’ (OUP 2008)


Ucc Breach Of Warranty And Contract Claims: Clarifying The Distinction, Timothy Davis Dec 2008

Ucc Breach Of Warranty And Contract Claims: Clarifying The Distinction, Timothy Davis

Timothy Davis

This article examines the existing legal framework that governs UCC Article 2 breach of warranty and breach of contract claims. After enumerating the circumstances that give rise to a buyer’s breach of contract in contrast to a breach of warranty claim, the Article examines cases that illustrate the practical and theoretical significance attached to understanding that breach of warranty and breach of contract constitute distinct causes of action. The Article then argues that although courts acknowledge the distinct nature of these two claims, judicial understanding of the distinction is often superficial. Focusing on Code provisions that govern disclaimers of implied …


The Uniform Limited Cooperative Act: Comparative Leverage Points & Principles, Thomas E. Geu, James B. Dean Dec 2008

The Uniform Limited Cooperative Act: Comparative Leverage Points & Principles, Thomas E. Geu, James B. Dean

Thomas E. Geu

No abstract provided.


The Missouri Plan In National Perspective, Stephen Ware Dec 2008

The Missouri Plan In National Perspective, Stephen Ware

Stephen Ware

We should distinguish the process that initially selects a judge from the process that determines whether to retain that judge on the court. Judicial selection and judicial retention raise different issues. In this paper, I primarily focus on selection. I summarize the fifty states’ methods of supreme court selection and place them on a continuum from the most populist to the most elitist. Doing so reveals that the Missouri Plan is the most elitist (and least democratic) of the three common methods of selecting judges in the United States. After highlighting this troubling characteristic of the Missouri Plan’s process of …


The Bar’S Extraordinarily Powerful Role In Selecting The Kansas Supreme Court, Stephen Ware Dec 2008

The Bar’S Extraordinarily Powerful Role In Selecting The Kansas Supreme Court, Stephen Ware

Stephen Ware

In supreme court selection, the bar has more power in Kansas than in any other state. This extraordinary bar power gives Kansas the most elitist and least democratic supreme court selection system in the country. While members of the Kansas bar make several arguments in defense of the extraordinary powers they exercise under this system, these arguments rest on a one-sided view of the role of a judge.


Bankruptcy Law's Treatment Of Creditors' Jury-Trial And Arbitration Rights, Stephen Ware Dec 2008

Bankruptcy Law's Treatment Of Creditors' Jury-Trial And Arbitration Rights, Stephen Ware

Stephen Ware

Bankruptcy law treats the constitutional jury right with less deference than the, merely statutory, right to arbitrate. But this apparent anomaly is actually the plausible result of a limitation within the Seventh Amendment jury right, its applicability only to claims at law but not claims in equity. The right to arbitrate is not similarly limited. So creditors seeking to arbitrate claims by and against debtors in bankruptcy are not defeated by longstanding holdings placing such claims on the equity side of the law/equity line. In contrast, creditors seeking jury trials of claims by and against debtors in bankruptcy are defeated …


Crimson Petal, Jonathan D. Green Dec 2008

Crimson Petal, Jonathan D. Green

Jonathan D Green

flute, harp, 3 minutes


Al-Qaeda’S Virtual Crisis, Akil N. Awan, Mina Al-Lami Dec 2008

Al-Qaeda’S Virtual Crisis, Akil N. Awan, Mina Al-Lami

Dr Akil N Awan

The fight Al-Qa’ida has waged against the West has been fought on a virtual as well as physical battlefield. Recently, many jihadist strongholds and hiding places on the web have been shut down. This article charts the growth and the current crisis of Al-Qa’ida’s ‘media jihad’.


Sobre El Contrato De Licencia De Marcas, Gustavo M. Rodríguez García Dec 2008

Sobre El Contrato De Licencia De Marcas, Gustavo M. Rodríguez García

Gustavo M. Rodríguez García

The author explains the basics of trademark licence agreements in light of peruvian legislation and shares some considerations about the explicit and implicit obligations of the parties


The Health Effects Of Parental Problem Drinking On Adult Children, Michael T. French, Ana I. Balsa, Jenny F. Homer Dec 2008

The Health Effects Of Parental Problem Drinking On Adult Children, Michael T. French, Ana I. Balsa, Jenny F. Homer

Michael T. French

BACKGROUND: Much of the research on adult children of alcoholics has focused on the transmission of drinking patterns from parents to their children and the development of alcohol-related problems. Less is known about how exposure to parental problem drinking affects children as they progress into adulthood in terms of other mental health outcomes. This is crucial information, in part because the average age of onset for depression and other mental health disorders is during late adolescence or young adulthood. AIMS: The objective of this study was to rigorously assess the long-term impacts of parental problem drinking on adult children's mental …


Strategic Planning For Disaster Relief Logistics: Lessons From Supply Chain Management, Nezih Altay, Sameer Prasad, Jayavel Sounderpandian Dec 2008

Strategic Planning For Disaster Relief Logistics: Lessons From Supply Chain Management, Nezih Altay, Sameer Prasad, Jayavel Sounderpandian

Nezih Altay

Abstract: Management of disaster relief logistics requires different techniques at different levels. We identify four stages: 1 strategic planning which concerns high level decisions such as supplier selection and confirmation of communication protocols 2 preparedness which concerns decisions regarding the amount and location of relief supplies to be stored 3 pre-event response which concerns decisions during those occasions when an approaching disaster, such as a hurricane, has been detected 4 post-event response which concerns what needs to be done immediately after a disaster has occurred. In this article, we concentrate on the strategic planning stage and build an integrated logistics …


When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, Steven R. Morrison Dec 2008

When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, Steven R. Morrison

Steven R Morrison

This article examines the federal False Statements Act, 18 U.S.C. § 1001(a)(2), from the standpoints of judicial interpretation, the law’s history, legislative history and congressional intent, public policy, and criminal law theory. It concludes that the dominant judicial interpretations do not accord with congressional intent to create a limited and targeted law. The statute as interpreted is extraordinarily broad such that it should be—but has not been and probably won’t be—declared unconstitutionally vague. Whether the law is unconstitutional or not, as interpreted it does not support wise public policy nor does it accord with dominant theories of criminal law. This …


Strategic Considerations In The Emergence Of Private Action Rights, Reza Rajabiun Dec 2008

Strategic Considerations In The Emergence Of Private Action Rights, Reza Rajabiun

Reza Rajabiun

The design of mechanisms for the enforcement of rules regarding anticompetitive practices has been the subject of considerable controversy in both developed and developing countries. Public competition authorities have advantages in terms of scale economies and coordination of competing policy objectives. Private rights of action enhance the capacity of legal regimes to generate information and deter collusive agreements and exclusionary practices. Private enforcement also increases the transaction costs of regulatory capture. Given these differences, mixed regimes are likely to be superior to purely public or private arrangements. However, most national jurisdictions grant exclusive authority to public agencies and prosecutors. This …


比较哲学中的分化, Stephen C. Angle Dec 2008

比较哲学中的分化, Stephen C. Angle

Stephen C. Angle

托马斯·墨子刻 (ThomasA. Metzger) 指出, 中国政治思想的解释者们必须在两个目标之 间取得一种平衡: 对背景和文化连续性的强调, 以及对批判性反思和真理的强调。通过与他的著作和方 法论的对话, 本文展开了两个主要的论点。首先, 笔者认为从罗伯特·布兰登 (RobertBrandom) 那里 借用来的一种理解 “话语”(discourse) 和 “约定”(commitment) 的方式比墨子刻自己的方法论更为成 功地应对了他所提出的可贵目标 。其次 , 笔者区分了比较研究中的两种策略 , 也即对 “包容性背景 ” (inclusive context) 的强调以及对 “分化”(disaggregation) 的强调。文章建议, 必须谨慎地运用我通过 “分化”所标识的方法, 人们应当始终清楚地意识到墨子刻所极力向我们表明的主张, 进而掌握比较哲
学 的 “分 化 ”这 一 方 法 论 策 略.


Defining 'Virtue Ethics' And Exploring Virtues In A Comparative Context: Comments On Bryan W. Van Norden, Virtue Ethics And Confucianism In Early Chinese Philosophy, Stephen C. Angle Dec 2008

Defining 'Virtue Ethics' And Exploring Virtues In A Comparative Context: Comments On Bryan W. Van Norden, Virtue Ethics And Confucianism In Early Chinese Philosophy, Stephen C. Angle

Stephen C. Angle

Bryan Van Norden’s new book, Virtue ethics and Consequentialism in Early Chinese Philosophy (Van Norden 2007; references to this book will be indicated with page numbers only) is impressive and learned, pursuing a number of inter-related objectives in its 412 pages. My task here is to reflect on the book’s objectives and to ask whether they are well-conceived and successfully accomplished. Van Norden’s book has enhanced my understanding and stimulated my thinking on many fronts; I hope, therefore, to take advantage of this forum to open up opportunities for further philosophical work that builds on the foundation Van Norden has …


Invigorating The Role Of The In-House Legal Advisor Towards Ethical Culture And Governance In Client-Business Organizations: From 21st Century Failures To True Calling, Ben G. Pender Ii Dec 2008

Invigorating The Role Of The In-House Legal Advisor Towards Ethical Culture And Governance In Client-Business Organizations: From 21st Century Failures To True Calling, Ben G. Pender Ii

Ben G Pender II

Invigorating the Role of the In-House Legal Advisor Towards Ethical Culture and Governance in Client-Business Organizations From 21st Century Failures to True Calling Ben G. Pender II J.D., University of St. Thomas School of Law, 2009 M.A. Sociology, Organizational Effectiveness, Clark Atlanta University, 1996. B.S., Sociology, Virginia Polytechnic Institute and State University, 1988. All Rights Reserved. © 2009. Summary This Article examines the need to invigorate the role of the in-house legal advisor from ‘mere legal technician’ to simultaneous legal advisory gatekeeper and ethical steward. This article asserts that the often-acquiescent in-house legal advisor as mere legal technician is partially …


L'Integrazione Silente. La Funzione Interpretativa Della Corte Di Giustizia E Il Diritto Costituzionale Europeo, Giuseppe Martinico Dec 2008

L'Integrazione Silente. La Funzione Interpretativa Della Corte Di Giustizia E Il Diritto Costituzionale Europeo, Giuseppe Martinico

Giuseppe Martinico

No abstract provided.


Grossman's Health Threshold And Retirement, Titus Galama, Arie Kapteyn, Raquel Fonseca, Pierre-Carl Michaud Dec 2008

Grossman's Health Threshold And Retirement, Titus Galama, Arie Kapteyn, Raquel Fonseca, Pierre-Carl Michaud

Titus Galama

We formulate a stylized structural model of health, wealth accumulation and retirement decisions building on the human capital framework of health provided by Grossman. We explicitly assume a functional form of the utility function and carefully account for initial conditions, which allow us to derive analytic solutions for the time paths of consumption, health, health investment, savings and retirement. We argue that the Grossman literature has been unnecessarily restrictive in assuming that health is always at Grossman’s “optimal” health level. Exploring the properties of corner solutions we find that advances in population health (health capital) can explain the paradox that …


Forensic Analysis Of The Sony Playstation Portable, Scott Conrad, Carlos Rodriguez, Chris Marberry, Philip Craiger Dec 2008

Forensic Analysis Of The Sony Playstation Portable, Scott Conrad, Carlos Rodriguez, Chris Marberry, Philip Craiger

J. Philip Craiger, Ph.D.

The Sony PlayStation Portable (PSP) is a popular portable gaming device with features such as wireless Internet access and image, music and movie playback. As with most systems built around a processor and storage, the PSP can be used for purposes other than it was originally intended – legal as well as illegal. This paper discusses the features of the PSP browser and suggests best practices for extracting digital evidence.


Analyzing The Impact Of A Virtual Machine On A Host Machine, Greg Dorn, Chris Marberry, Scott Conrad, Philip Craiger Dec 2008

Analyzing The Impact Of A Virtual Machine On A Host Machine, Greg Dorn, Chris Marberry, Scott Conrad, Philip Craiger

J. Philip Craiger, Ph.D.

As virtualization becomes more prevalent in the enterprise and in personal computing, there is a great need to understand the technology as well as its ramifications for recovering digital evidence. This paper focuses on trace evidence related to the installation and execution of virtual machines (VMs) on a host machine. It provides useful information regarding the types and locations of files installed by VM applications, the processes created by running VMs and the structure and identity of VMs, ancillary files and associated artifacts


Competition Law And The Economy In The Russian Federation, 1990-2006, Reza Rajabiun Dec 2008

Competition Law And The Economy In The Russian Federation, 1990-2006, Reza Rajabiun

Reza Rajabiun

Most developing and transition countries adopted statutes prohibiting anticompetitive agreements and abusive practices during the 1980's and 1990's. The effectiveness of these laws is nevertheless widely debated. This paper contributes to the literature by conducting an event study of the adoption of Russian competition laws in the early years of transition, the subsequent economic developments and the legislative reform process of 2002-2006. An examination of the substantive prohibitions and enforcement data reveals that Russian competition laws relied on complex standards and imposed weak constraints on anticompetitive practices. The more recent shift to simpler and more predictable per se prohibitions against …


Competition Law As Development Policy: Evidence From Poland, Reza Rajabiun Dec 2008

Competition Law As Development Policy: Evidence From Poland, Reza Rajabiun

Reza Rajabiun

The relationship between the design of competition laws and economic outcomes remains the subject of considerable controversy in both law and economics. Recent cross-national studies suggest that effective legal constraints against anticompetitive practices can enhance prospects for economic development by increasing the number of market participants and the quality of broader political and economic institutions. This paper explores the linkages between regulatory constraints against anticompetitive practices and the efficiency of market mechanisms by focusing on the experience in Poland between the collapse of central planning and regulatory harmonization pursuant to European Union accession. The analysis suggests that per se prohibitions …


Does The Constitutional Process Matter?, Zachary Elkins Dec 2008

Does The Constitutional Process Matter?, Zachary Elkins

Zachary Elkins

Constitution-making is a ubiquitous but poorly understood phenomenon. There is much speculation but relatively little evidence about the impact of different design processes on constitutional outcomes. Much of the debate reduces to the question of who is involved in the process and when. We consider two central issues in this regard. The first is the problem of institutional self-dealing, or whether governmental organs that have something to gain from the constitutional outcome should be involved in the process. The second has to do with the merits of public involvement in the process. Both of these concerns have clear normative implications …


Ancillary Powers Of Constitutional Courts, Zachary Elkins, Tom Ginsburg Dec 2008

Ancillary Powers Of Constitutional Courts, Zachary Elkins, Tom Ginsburg

Zachary Elkins

No abstract provided.


Cross-Price Elasticity And Income Elasticity Of Demand: Are Your Students Confused?, Philip E. Graves, Robert L. Sexton Dec 2008

Cross-Price Elasticity And Income Elasticity Of Demand: Are Your Students Confused?, Philip E. Graves, Robert L. Sexton

Robert L Sexton

The authors demonstrate that most textbooks are ambiguous at best in their treatment of cross-price elasticity and income elasticity of demand. There is also no discussion of what initiates a price increase in discussions of substitutes and complements in the textbooks examined. The authors offer a remedy for these deficiencies.


Saateks, Rain Liivoja Dec 2008

Saateks, Rain Liivoja

Rain Liivoja

This is an introductory essay to accompany the Estonian translation of Jean Henri Dunant's Un Souvenir de Solférino. The text explains the history of the book and its impact on the subsequent development of the law of armed conflict.


Assur Is King Of Persia: Illustrations Of The Book Of Esther In Some Nineteenth-Century Sources, Steven W. Holloway Dec 2008

Assur Is King Of Persia: Illustrations Of The Book Of Esther In Some Nineteenth-Century Sources, Steven W. Holloway

Steven W Holloway

No abstract provided.