Digital Commons Network^™

Ethical Judicial Writing—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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

John M. Breen

No abstract provided.

Immigration Reform Fuels Employment Discrimination, Natalie Prescott

Natalie Prescott

This Article addresses the tension between two conflicting IRCA provisions: 8 U.S.C. § 1324a, which authorizes sanctions for hiring illegal immigrants, and 8 U.S.C. § 1324b, which provides that employers cannot ask foreign job applicants for proof of work authorization beyond what is specified on the I-9 form.

Tracing, Peter B. Oh

Peter B. Oh

No abstract provided.

Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson

Vera Bergelson

This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed. Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …

It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson

Vera Bergelson

"It's Personal But Is It Mine? Toward Property Rights in Personal Information" discusses the disturbing erosion of privacy suffered by the American society in recent years due to citizens' loss of control over their personal information. This information, collected and traded by commercial enterprises, receives almost no protection under current law. I argue that, in order to protect privacy, individuals need to secure control over their information by becoming its legal owners. In this article, I confront two fundamental questions that have not been specifically addressed in the privacy literature before: why property is the most appropriate regime for regulating …

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Carole Silver

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …

Eritrea: Challenges And Crises Of A New State, Assefaw Bariagaber

Assefaw Bariagaber

No abstract provided.

Historical Property Rights, Sociality, And The Emergence Of Impersonal Exchange In Long-Distance Trade, Bart J. Wilson, Erik Kimbrough, Vernon L. Smith

Bart J. Wilson

This laboratory experiment explores the extent to which impersonal exchange emerges from personal exchange with opportunities for long-distance trade. We design a three-commodity production and exchange economy in which agents in three geographically separated villages must develop multilateral exchange networks to import a third good only available abroad. For treatments, we induce two distinct institutional histories to investigate how past experience with property rights affect the evolution of specialization and exchange. We find that a history of un-enforced property rights hinders our subjects' ability to develop the requisite personal social arrangements necessary to support specialization and effectively exploit impersonal long-distance …

Against Sovereignty: A Cautionary Note On The Normative Power Of The Actual, Patrick Mckinley Brennan

Patrick McKinley Brennan

Drawing on classical and contemporary jurisprudence and political philosophy, this Essay argues that the Roberts Court should seize the next apt moment to abandon the doctrines of “sovereignty” and “sovereign dignity” that the Rehnquist Court developed over the decade that began with the 1996 decision in the Seminole case. Although pursued in service of the laudable goal of “our federalism,” these doctrines work a corruption of our legal, political, and moral self-understanding. As they do so, they distract the Court and the citizenry from the disciplined commitment to the rule of law and legal justice by which a body politic …

Portrait Of The Scholar As An Ip Ace, Robert E. Spoo

Robert E. Spoo

No abstract provided.

Innovation, Information, And The Poverty Of Nations, Robert D. Cooter

Robert Cooter

Ideological Flip-Flop: American Liberals Are Now The Primary Supporters Of Tort Law, Stephen D. Sugarman

Stephen D Sugarman

Historical Property Rights, Sociality, And The Emergence Of Impersonal Exchange In Long-Distance Trade, Bart J. Wilson, Erik Kimbrough, Vernon L. Smith

Bart J Wilson

This laboratory experiment explores the extent to which impersonal exchange emerges from personal exchange with opportunities for long-distance trade. We design a three-commodity production and exchange economy in which agents in three geographically separated villages must develop multilateral exchange networks to import a third good only available abroad. For treatments, we induce two distinct institutional histories to investigate how past experience with property rights affect the evolution of specialization and exchange. We find that a history of un-enforced property rights hinders our subjects' ability to develop the requisite personal social arrangements necessary to support specialization and effectively exploit impersonal long-distance …

The Accident Externality From Driving, Aaron S. Edlin, Pinar Karaca Mandic

Aaron Edlin

Law And Terror, Kenneth Anderson

Kenneth Anderson

Comparisons And Logic, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Sobre La Vía Procesal Idónea Para Incoar La Propuesta Abusiva En El Marco Del Concurso Preventivo, Carlos Molina Sandoval

Carlos Molina Sandoval

Mediante este pequeño esquicio se pretende poner en conocimiento del lector los principales inconvenientes prácticos que se generan a la hora de diseñar una estrategia para la impugnación del acuerdo en los términos del art. 52, inc. 4, LCQ (acuerdo abusivo) y otras cuestiones relacionadas con la homologación del acuerdo concursal

Doomed Internationalist, Kenneth Anderson

Kenneth Anderson

How Large Is Too Large For The Rule Of Law? Testimony Before The U.S. Senate Judiciary Committee, Hearing To Consider Proposals To Split The Ninth Circuit Court Of Appeals, John C. Eastman

John C. Eastman

Proposals to split the U.S. Court of Appeals for the Ninth Circuit have been around since the 1950s. A serious proposal was made to split both the 5th and the 9th back in the 1970s; the 5th was in fact split (into the current 5th and the 11th), but the 9th Circuit remains as it was, by far the largest circuit court in the country, responsible for more than 40% of the nation's territorty and 1 in every 5 members of its population. The Circuit currently has 28 active judges authorized and nearly 50 actually sitting (including senior circuit judges). …

Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary Daly

Carole Silver

This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing, both as it exists today and as the practice may develop in the future. The article begins by situating offshore outsourcing in the framework of relationships created in the context of delivery of legal services. This framework is used, in turn, to construct a structure of analysis for the ethical implications of offshore outsourcing. Lawyers who outsource to offshore …

Extended Work Duration And The Risk Of Self-Reported Percutaneous Injuries In Interns, Dean M. Hashimoto, Najib T. Ayas, Laura K. Barger, Brian E. Cade, Bernard Rosner, John W. Cronin, Frank E. Speizer, Charles A. Czeisler

Dean M. Hashimoto

Context: In their first year of postgraduate training, interns commonly work shifts that are longer than 24 hours. Extended-duration work shifts are associated with increased risks of automobile crash, particularly during a commute from work. Interns may be at risk for other occupation-related injuries.

Objective: To assess the relationship between extended work duration and rates of percutaneous injuries in a diverse population of interns in the United States.

Design, Setting, and Participants: National prospective cohort study of 2737 of the estimated 18 447 interns in US postgraduate residency programs from July 2002 through May 2003. Each month, comprehensive Web-based surveys …

Weltdiplomat, Beat Habegger

Beat Habegger

No abstract provided.

Bankruptcy Reform And Family Farmers: Correcting The Disposable Income Problem, Susan A. Schneider

Susan Schneider

Der Unmöglichste Job Der Welt: Zur Wahl Eines Neuen Uno-Generalsekretärs, Beat Habegger

Beat Habegger

No abstract provided.

Data Mining And Substandard Medical Practice: The Difference Between Privacy, Secrets And Hidden Defects, Barry Furrow

Barry R. Furrow

No abstract provided.

“What’S Yours Can Be Mine: Are There Any Private Takings After City Of New London V. Kelo?” , David A. Schultz

David A Schultz

This article examines the use of eminent domain in light of the Kelo v. City of New London Supreme Court decision. After a review of state takings litigation the conclusion is that the courts can and still do find that private takings can occur but that the judiciary is able to protect against them.

Contract Theory And Contract Practice Allocating Design Responsiblity In The Construction Industry, Carl J. Circo

Carl J. Circo

Using Therapeutic Jurisprudence To Build Effective Relationships With Students, Clients And Communities, Susan L. Brooks

Susan Brooks

No abstract provided.

Book Review (Reviewing Petros C. Mavroidis & Alan O. Sykes, The Wto And International Trade Law: Dispute Settlement (2005)), Sungjoon Cho

Sungjoon Cho