Digital Commons Network^™

Concurring In Result Without Written Opinion: A Condemnable Practice, Ira P. Robbins

Ira P. Robbins

No abstract provided.

The Virtuous Circle Of Distrust: A Mechanism To Deter Bribes And Other Cooperative Crimes , Robert D. Cooter, Nuno Garupa

Robert Cooter

No abstract provided.

The Owned Public Domain: The Constitutional Right Not To Be Excluded – Or The Supreme Court Chose The Right Breakfast Cereal In Kellogg V. National Biscuit Co., Malla Pollack

Malla Pollack

Before the rise of law and economics, the Supreme Court decided several cases involving patent holders' attempts to use trademark doctrines to slow down competitors after the expiration of their utility patents; in each of these cases, the Court enforced a public right to use material in the public domain. To give one famous example, Kellogg Co. v. National Biscuit Co., the "shredded wheat case," came to the Court after the expiration of a product and process utility patent on that once-innovative breakfast cereal. The Court held that a competitor could freely copy the product's name and its well known …

Year 2000 Overview: Governmental Responses To Pregnant Women Who Use Alcohol Or Other Drugs, Lynn M. Paltrow, David S. Cohen, Corinne A. Carey

David S Cohen

No abstract provided.

Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday

Jill Elaine Hasday

No abstract provided.

Rights And Obligations Of Third Parties, Aristides N. Hatzis

Aristides N. Hatzis

Three different issues, related to third party involvement in a contractual relationship, are examined. The first two (assignment of contractual rights/delegation of contractual duties and third-party beneficiary contracts) are examined in a unified way. After pointing to the striking similarity between beneficiary and assignment contracts, we discuss the non-simultaneous assent argument, the danger of creating open classes of beneficiaries without the intention of the contracting parties, and other problems. In a second part, we deal with the controversial issue of efficient breach due to inducement by a third party. After reviewing the literature, we briefly consider the use of liquidated …

A Library ‘Teens’Cape’ Against The New Callousness, Anthony Bernier

Anthony Bernier

No abstract provided.

Why Modern Policing Needs A Code Of Ethics, Brian Kingshott

Brian F. Kingshott

No abstract provided.

Access To Justice In India: Exploring Grassroots Perspectives, Maurya Vijay Chandra

Maurya Vijay Chandra

Measurement of access to justice has acquired increased significance in South Asia, especially as many national initiatives on access to justice are being funded by international agencies. However, the perspectives of the people at the grassroots nave not sufficiently been explored in either conceptualising access to justice or developing indicators for measuring it. It was with the hope that discussion of these issues mignt provide a fresh insight into measuring access to justice that I conducted 18 focus-group discussions in six towns and cities in India.

The Uneasy Case For The Flat Tax, Eric Bennett Rasmusen, F. H. Buckley

Eric Bennett Rasmusen

There is a secret paradox at the heart of social contract theories. Such theories assume that, because personal security and private property are at risk in a state of nature, subjects will agree to grant Leviathan a monopoly of violence. But what is to prevent Leviathan from turning on his subjects once they have lain down their arms? If Leviathan has the same incentives as his subjects in the Hobbesian state of nature, he will plunder them more thoroughly than ever they plundered themselves in the state of nature. Thus the social contract always leaves subjects worse off, unless Leviathan …

The Price Of Law: How The Market For Lawyers Distorts The Justice System, Gillian K. Hadfield

Gillian K Hadfield

Why are lawyers so expensive? This paper explores the economics of the markets for lawyers and the reasons why pricing for lawyers departs from competitive pricing. Unlike conventional analyses, which emphasize entry restrictions, this analysis emphasizes market imperfections due to the nature of legal reasoning and practice and in particular the role of increasing returns to specialization and cognitive skill. The analysis also emphasizes the impact of market dynamics on the distribution of legal services, particularly high end legal work, between corporate and individual clients.

No More Teachers' Dirty Looks: High School Students' Responses To School Rules, Christine Yalda

Christine A. Yalda

No abstract provided.

Mental Health Parity: National And State Perspectives 2000: A Report To The Florida Legislature, Bruce Lubotsky Levin, Ardis Hanson, Richard Coe, Sara A. Kuppin

Ardis Hanson

By failing to appropriately treat adults and children with severe mental illness, we incur enormous social costs through payments for disability benefits (Medicaid, SSI, SSDI), increased medical expenses, accidents and suicides, avoidable criminal justice proceedings, lost productivity, and increased need for homeless shelters and services. People who are underinsured are forced by arbitrary caps and limits to increasingly rely on the public sector. By providing parity for mental health, Florida will bring mental health into the mainstream of health care and become a leader in dispelling the prejudice that surrounds treatment of persons with severe mental illness.

Do Good Laws Make Good Citizens? An Economic Analysis Of Internalizing Legal Values , Robert D. Cooter

Robert Cooter

No abstract provided.

Introduction: Localités And Nationalism As The Vestigial And The Lncipient?, Newton E. Key

Newton Key

The professionalization of history was tightly bound to nationalism. Historians in early modern Europe distinguished between story and inventory: chronology and chorography. The latter was the domain of the local antiquarian and county historian. Even as local history professionalized and cut its antiquarian/chorographical roots, the profession still marginalized it, and local history was mainly published by antiquarian or local societies. Even those who carved out a field distinct from national history, such as the German genre of Landesgeschicte (regional or provincial history), were considered subordinate if not actually suspect endeavors by the profession. Recently, however, European historians have embraced the …

Will And Should The U.S. Supreme Court Allow Rape Victims Such As Christy Brzonkala Access To The Federal Courts To Redress Their Civil Rights As Victims Of Gender Motivated Violence Under The Civil Rights Action Created By Vawa?, Kristine Botsford Mullendore

Kristine Botsford Mullendore

No abstract provided.

The Price Of Law, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.

Programs That Work The Academic Cultural Enrichment Mentorship Program: An Innovative Approach To Serving African American Youth, Dan Hibbler

Dan K Hibbler Ph.D.

The purpose of this study was to evaluate an after-school program that is designed to meet the specific needs of African Americanyouth. The program is called the Academic Cultural Enrichment (ACE) Mentorship Program and is sponsored, in part, by the Champaign ParkDistrict. The purpose of the program is to provide students with the competencies and skills needed to be involved, resilient, and successful. The program seeks to foster positive Black identities in the participants, and to develop strong math, reading, oratorical, and analytical thinking skills. The program has a strong African cultural component, as well as academic and recreation components. …

Legal And Regulatory Reform For Ict In Egypt -- Specialist Report, Sonia Baldia

Sonia Baldia

No abstract provided.

A Critical Approach To The Kuwaiti Law Of Judicial Arbitration No. 11 Of 1995: With Reference To The Uncitral Model Law On International Commercial Arbitration, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

Response: The Values Of Legal Archaeology, Judith Maute

Judith L. Maute

No abstract provided.

Selecting Justice In State Courts: The Ballot Box Or The Backroom?, Judith Maute

Judith L. Maute

No abstract provided.

Pro Bono Publico In Oklahoma: Time For Change, Judith Maute

Judith L. Maute

No abstract provided.

The Arbitrary Path Of Due Process, Harry F. Tepker Jr.

Harry F. Tepker Jr.

No abstract provided.

The Impact Of Florida Statute 800.03 On Local Regulation Of Nude Dancing Facilities., Stephen Durden

Stephen Durden

Local governments throughout the country have enacted adult entertainment codes regulating, among other things, massage parlors, adult movie theaters, adult video stores and adult toy stores. Local governments have not forgotten live performances particularly nude or topless dancing. Regulations throughout the country require facilities to get licenses before they operate; require that the dancers get licenses; regulate the location of these facilities; and regulate their interiors. These regulations are often challenged, with the challenge being based on the First Amendment. The assumption behind all these cases is that the First Amendment protects nude dancing. That assumption is now unassailable but …

An Appropriate Test For Dishonesty?, Alex Steel

Alex Steel

Courts have struggled to develop a test for dishonesty in both England and Australia. The English test as set out in Ghosh was considered by the Australian High Court in Peters v. The Queen but the court was unable to come up with a true majority opinion on the point. Differences of opinion on the meaning of the concept exist in Australian and English law, and a recent Consultation Paper by the Law Reform Commission of England and Wales has again raised the issue. This article reviews the different positions, and attempts to point a way forward for Australian law …

Watching The Watchdogs: Holding The Un Accountable For International Humanitarian Law Violations Of The ‘Blue Helmets’, Jackson N. Maogoto

Jackson Nyamuya Maogoto

The political climate is ripe for the United Nations system to successfully and effectively provide global collective security. Now that relations have improved between the ‘East’ and ‘West’ the United Nations will indeed be able to broaden its role, and perhaps operate to its full capacity - to call into being the ‘New World Order,’ characterised by a Security Council able to respond swiftly and effectively to aggression and massive human rights violations through ‘police action’. However the significant and documented international humanitarian law violations by UN forces in the 1990s has raised the stakes. Thrice in the last decade …

Detention Hearings, Tamar R. Birckhead, Wendy S. Wayne

Tamar R Birckhead

No abstract provided.

A New Case For Direct Congressional Regulation Of Guns In School Zones, Michael Anthony Lawrence

Michael Anthony Lawrence

This article suggests that in the wake of last year’s school shootings at Columbine High School in Littleton, Colorado, Congress may justifiably exercise its commerce power to regulate arms in schools, notwithstanding its contrary holding in Lopez v. U.S in 1995. Sadly, with Columbine, the scope of violence in schools has assumed vastly more serious dimensions – to the point where such acts may accurately be labeled as premeditated acts of domestic terrorism.

Under such circumstances, Congress may reasonably enact laws designed to curb the interstate market for weapons used in these attacks. If Congress concludes, for example, that imposing …

Globalization And Social Protection: The Impact Of Eu And International Rules In The Ratcheting Up Of U.S. Data Privacy Standards, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.