Law Commons^™

Proposed Organization And Detailed Table Of Contents - 1990, Wendy J. Gordon

Scholarship Chronologically

For many years copyright was a backwater of the law. Perceived as an esoteric and narrow field beset by hypertechnical formalities, the discipline and its practitioners were largely isolated from scholarly and case law developments in other areas. There were exceptions of course. Well before the explosion of intellectual property litigation in the last twenty years, persons such as Zcharia Chaffee Jr. and Judge Learned Hand brought a wealth of learning and a broad perspective to copyright.

Draft Of New Versus Old Authors - 1990, Wendy J. Gordon

Scholarship Chronologically

Virtually all the issues canvassed above embody the tension that exists in seeking to honor the interests of two generations of creators. For example, the essay has discussed the need for new adaptive artists to have a copyright in their own productions and the dangers that the "subconscious copying rule" poses to new creators, particularly in an age of ubiquitous media.

Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

The Second Generation Of Notes Indexed For Inflation, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

Not By Numbers Alone: A New Decade For Women In The Law, Margaret H. Marshall

New England Journal of Public Policy

There has been a dramatic increase in both the percentage and the numbers of women who have entered the legal profession in the last fifteen years, but women have not penetrated its higher echelons — partnerships in law firms, general counsel of corporations, and chiefs of government bureaus — in the same percentage that those advances should be reflecting. While entry-level salaries may be equal for male and female attorneys, are women in the legal world discovering the same glass ceilings and barriers to entry at these top levels of economic empowerment that their corporate counterparts have experienced? The author …

Land Use Laws And Policies Route 146 Corridor Overlay Districts, Umass Amherst Center Economic Development

Center for Economic Development Technical Reports

The reason for this report was to draft a bylaw for the town of Millbury, Massachusetts. The bylaw would address a four mile stretch of road that connects Route 146 to the Massachusetts Turnpike.

Impacts Of Land Use Laws And Policies Massachusetts State Superfund Program, Umass Amherst Center Economic Development

Center for Economic Development Technical Reports

The reason for this report was to examine the Massachusetts state Superfund law, and the statutory remedies that Massachusetts relies on to recover the cost associated with the cleanup of oil and hazardous materials released into the environment.

The First Great Law & Economics Movement, Herbert J. Hovenkamp

All Faculty Scholarship

Beginning in the 1880s American economists turned their attention to the law in a way unprecedented in American thought. Some legal academics in turn incorporated economics into their thinking about the law. Whether their output or its impact were great enough to warrant calling their efforts a law and economics "movement" is worth debating. This essay argues that there was such a movement.

Four things account for the increasing interest in law and economics at the turn of the century: (1) the widespread application of evolutionary models to the development of both law and economic theory; (2) the influence of …

Labor-Management Cooperation: New Partnerships Or Going In Circles?, William N. Cooke

Upjohn Press

Cooke answers important questions about labor-management cooperative efforts and addresses the problems undermining these efforts. His analyses are based on a variety of secondary data sources plus primary data from three nationwide surveys of plant managers, union leaders, and industry executives. Also included are several prescriptions for the success of labor-management cooperative efforts.

Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen

All Faculty Scholarship

No abstract provided.

The World Trading System: Law And Policy Of International Economic Relations, Lori Fisler Damrosch

Faculty Scholarship

This book serves an important need by providing a clear overview of an increasingly complex subject. The author, a leading figure in international trade law, has distilled his accumulated wisdom into an accessible account of the major features of the world trading system. His intended audience includes not only lawyers, but political scientists, economists, government officials and others as well. While he acknowledges that his own "comparative advantage" is in the legal aspects of the field (p. 6), he places the legal concepts in their political and economic context to write a treatment that will be enlightening to readers from …

Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

Problematic Relations: Franchising And The Law Of Incomplete Contracts, Gillian K. Hadfield

Gillian K Hadfield

This paper explores an alternative approach to the analysis of franchise contracts which takes seriously their unavoidable incompleteness. The point of departure is the fundamental insight of relational contracting theory, namely that when a contract is embedded within an identifiable relationship, such as the franchise relationship, contractual obligations are often modified, supplemented or completely supplanted by the norms of the ongoing relation. Thus far, the explication of this insight has been along largely theoretical lines. My objective in this article is to further develop the theoretical analysis of the importance of relational elements in order to fashion operational guidelines for …