Digital Commons Network^™

El Pretendido Efecto Retroactivo De La Condición Cumplida, Patricio Lazo

Patricio Lazo

The topic of this article is the study of Roman sources of law, to the extent that they determine whether the condition which has been fulfilled could have had, or no, a retroactive effect, since some of those sources answer “yes, there was such a retroactive effect”, while others simply deny it. In examining those texts, the author assumes the methodological premise according to which Roman jurists were used to review the cases as decided by earlier jurists, in order, either to confirm the old jurisprudence, or to establish new and varying solutions to the problems. In that perspective, the …

The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert D. Cooter

Robert Cooter

Economic theory distinguishes sharply between what a person wants and what he can have. “Preferences” describe what a person wants, and “constraints” describe the limits of what he can have. The collision of preferences and constraints yields the choices that economists study. The meaning of both terms is broad and flexible. Preferences and constraints help to distinguish between the internal and external viewpoints that H. L. A. Hart made famous. The internal viewpoint concerns preferences to perform legal obligations. A person who prefers to obey a law is willing to give up something to perform his legal obligation. The preference …

Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

Aspectos Econômicos E Jurídicos Sobre Cartéis Na Revenda De Combustíveis: Uma Agenda Para Investigações, Carlos Emmanuel Joppert Ragazzo, Rutelly Marques Da Silva

carlos ragazzo

No abstract provided.

Sharing And Anti-Sharing In Teams, Robert D. Cooter, Roland Kirstein

Robert Cooter

Compared to budget-balanced Sharing contracts, Anti-Sharing may improve the efficiency of teams. The Anti-Sharer collects a fixed payment from all team members; he receives the actual output and pays out its value to them. If a team members becomes Anti-Sharer, he will be unproductive in equilibrium. Hence, internal Anti-Sharing fails to yield the first-best outcome. Anti-Sharing is more likely to yield a higher team profit than Sharing, the larger the team, the curvature of the production function, or the marginal effort cost. Sharing is more likely to be better, the greater the marginal product, the cross-partials of the production function, …

Anti-Sharing As A Theory Of Partnerships And Firms, Robert D. Cooter, Roland Kirstein

Robert Cooter

Anti-Sharing may improve the efficiency of teams. The Anti-Sharer collects a fixed payment from all team members; he receives the actual output and pays out its value to them. However, if a team members assumes the role of an "internal" Anti-Sharer, he will be unproductive in equilibrium. Hence, internal Anti-Sharing fails to yield the first-best outcome. External Anti-Sharing may induce the team members to choose efficient effort. The paper presents possible applications of Anti-Sharing: while internal Anti-Sharing may provide an explanation for the existence of senior (or managing) partners, external Anti-Sharing leads to a new theory of the incorporated firm.

Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, John C. Yoo, Julian Ku

John C Yoo

The Supreme Court's decision in Hamdan v. Rumsfeld represents a radical new judicial approach to the interpretation of laws relating to foreign affairs. Not only did the Hamdan Court fail to defer to the executive's reasonable interpretations of the relevant statutes, treaties, and customary international law of war relating to military commissions, but it did not even justify its failure to depart from longstanding formal doctrines requiring such deference. In this Essay, we offer a functional defense of the doctrines requiring judicial deference to executive interpretations of laws affecting foreign affairs in wartime; doctrines that the Hamdan Court largely ignored. …

Civic Responsibility And Patterns Of Voluntary Participation Around The World, Mary Alice Haddad

Mary Alice Haddad

This article seeks to explain why different types of volunteer organizations are prevalent in different countries. It hypothesizes that patterns of volunteer participation are a function of citizen attitudes toward governmental and individual responsibility for caring for society. Those countries (e.g., Japan)—where citizens think that governments should be responsible for dealing with social problems—will tend to have higher participation in embedded volunteer organizations, such as parent-teacher associations. Those countries (e.g., the United States)—where citizens think that individuals should take responsibility for dealing with social problems—will tend to have more participation in nonembedded, organizations, such as Greenpeace. These hypotheses are tested …

Public Interest Litigation And Role Of The Supreme Court In Ensuring Social Justice In Bangladesh, K. T. Alam, Abu Noman Mohammad Atahar Ali

Abu Noman Mohammad Atahar Ali

No abstract provided.

Don’T Forget The Lawyers: Legal Human Capital And The Role Of Lawyers In Supporting The Rule Of Law, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.

Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não admira que haja atritos, incompreensões, entre as religiões e os poderes. Porque, antes de mais, foi preciso a uns e a outros comprimirem-se para darem lugar (espaço, mesmo) ao outro tipo de normatividade e de poder. Em muitos casos históricos se terá começado com um poder de índole teocrática. E só com o tempo e o progresso social e político se passaria a admitir a cisão do mando, num ramo secular e num ramo sacral. O grande problema do tratamento da questão religiosa do ponto de vista dos Direitos Humanos, é que se trata, no limite, de pôr uma …

New Urbanist Zoning For Dummies, Michael E Lewyn

Michael E Lewyn

This article compares the SmartCode (a model New Urbanist zoning code) to conventional pro-sprawl zoning codes, and concludes that in some respects, the SmartCode is actually more respectful of property rights than is conventional zoning.

Creative Commons As Conversational Copyright, Michael W. Carroll

Michael W. Carroll

Copyright law's default settings inhibit sharing and adaptation of creative works even though new digital technologies greatly enhance individuals' capacity to engage in creative conversation. Creative Commons licenses enable a form of conversational copyright through which creators share their works, primarily over the Internet, while asserting some limitation on user's right with respect to works in the licensed commons. More specifically, this chapter explains the problems in copyright law to which Creative Commons licenses respond, the methods chosen, and why the machine-readable and public aspects of the licenses are specific examples of a more general phenomenon in digital copyright law …

El Código De Derecho Canónico: Sus Siete Libros., Rafael Angel Gomez Betancur

Rafael Angel Gómez Betancur

The Alchemy Of Junk: Patent Law And Non-Coding Dna, Matthew Rimmer

Matthew Rimmer

No Time Like The Present: The Eighteenth Century Judicial Power Meets The Twenty-First Century Problem In Massachusetts V. Epa, Jamison E. Colburn

Jamison E. Colburn

In this short commentary, I consider the nature of our judicial power and the Court's standing doctrine in light of the oral argument in Massachusetts et al. v. EPA. My critique is that the Court has invented any number of ways to find that the rule of law can play no role in our climate change debates.

Brief Of Amicus Curiae, The North Carolina Association Of County Commissioners, Ocean Hill Joint Venture, Ocean Hill Properties, Inc., Et Al. V. The Currituck County Board Of Commissioners And Ocean Hill I Property Owners Association, Inc., Matthew W. Sawchak, Julia F. Youngman

Matthew W. Sawchak

No abstract provided.

Missing Miranda's Story, A Review Of Gary L. Stuart's, Miranda: The Story Of America's Right To Remain Silent, George C. Thomas Iii

George C Thomas III

Miranda v. Arizona is the best known criminal procedure decision in the history of the Supreme Court. It has spawned dozens of books and hundreds of articles. The world does not need another Miranda book unless it has something new and interesting to tell readers. Unfortunately, to borrow an old cliche, the parts of Gary Stuart’s book that are new are, for the most part, not interesting and the parts that are interesting are, for the most part, not new. Stuart adds material to the Miranda storehouse about the involvement of local Arizona lawyers and judges in the original case, …

Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum

George C Thomas III

Constitutional law grows more complex over time. The complexity is due, in large part, to the rule of stare decisis. When faced with precedents that it does not wish to follow, the Court usually distinguishes the case before it. Thus, the constitutional landscape is littered with cases that do not fit well together. Navigating past these shoals is often difficult for courts following the Supreme Court’s lead. One example is the law governing instructions that a trial judge can give a deadlocked jury in a criminal case. The right to a jury trial entails the right to have the jury …

Contract Law Is Not Enough: The Many Legal Institutions That Support Contractual Commitments, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …

Hate The Vile Campaign Ads? Blame The Supreme Court, Alan E. Garfield

Alan E Garfield

No abstract provided.

Virtual Power Politics, James Grimmelmann

James Grimmelmann

Software-based rules are not automatically normative in virtual worlds. The feature-bug ambiguity always means that the social meaning of the "rules" is subject to negotiation and to political dispute. I illustrate this claim with an analysis of exploits.

Rural Rhetoric, Lisa Pruitt

Lisa R Pruitt

This Article investigates law’s constitutive rhetoric about rural people, places, and livelihoods. Specifically, it considers five categories of judicial opinions that discuss the legal relevance of rurality: judicial self-identification as rural; definitions of rural; line-drawing between rural and urban; taking judicial notice of rural characteristics; and idealized portrayals of the rural. Viewed together, these clusters of opinions reveal a comprehensive – if not entirely coherent – judicial portrait of rurality. They also provide an overview of the many instances when a rural setting is relevant to a legal outcome. Implicated are issues of tort, property, criminal, and constitutional law, among …

Never Get Out'a The Boat: Stenberg V. Carhart And The Future Of American Law, Michael Scaperlanda, John M. Breen

Michael A. Scaperlanda

No abstract provided.

An Escape From Poverty: Developing Productive Organization, Robert D. Cooter

Robert Cooter

Keynote address on "Innovation, Information, and the Poverty of Nations." My premise is that in the modern world, defective legal institutions cause national poverty and that all nations now have the opportunity to escape poverty by developing productive organizations.

Open Access In A Closed Universe: Lexis, Westlaw, Law Schools And The Legal Information Market, Olufunmilayo Arewa

Olufunmilayo B. Arewa

This Article considers issues of open access from the context of the broader legal information industry as a whole. The structure and contours of the legal information industry have shaped the availability of legal scholarship and other legal information. The competitive duopoly of Lexis and Westlaw is a particularly important factor in considerations of open access. Also significant is the relationship between Lexis and Westlaw and law schools, which form an important market segment for both Lexis and Westlaw. This Article begins by considering the important role information plays in the law. It then notes the increasing industry concentration that …

Being Informed Does Matter: Fine Tuning Gross Negligence Twenty Plus Years After Van Gorkom, Bernard S. Sharfman

Bernard S Sharfman

This article first establishes that there are still a number of reasons why being informed does matter, despite the ability to incorporate an exculpation clause into a Delaware corporation’s certificate of incorporation. This is followed by an explanation of how Delaware’s business judgment rule became transformed from a doctrine of abstention to a standard of review in the context of procedural due care. Throughout this article, it is understood that the business judgment rule exits within a framework of corporate authority and accountability and that it serves as a significant tool for the protection of corporate board authority. The article …

The Real (Sentencing) World: State Sentencing In The Post-Blakely Era, Douglas A. Berman, Steven L. Chanenson

Steven L. Chanenson

James Joyce Inspires Literary And Legal Career: Literature Lover Left Ivory Tower To Apply Expertise In Ip Arena, Robert E. Spoo

Robert E. Spoo

No abstract provided.

Szerzõdési Szabadság És Paternalizmus: Adalékok A Szerzõdési Jog Közgazdasági Elemzéséhez [Freedom Of Contract And Paternalism: A Contribution To The Economics Of Contract Law] , Peter Cserne

Péter Cserne

No abstract provided.