Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 14 of 14

Full-Text Articles in Law

Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne Oct 2009

Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne

Péter Cserne

This paper discusses why contract interpretation is substantially different from the interpretation of literary works and illustrates the argument with the analysis of the contra proferentem rule. It is a substantially revised version of my ‘Policy considerations in contract interpretation: the contra proferentem rule from a comparative law and economics perspective’ (2009)


Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz Oct 2009

Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz

Donna M. Hughes

In stunning culmination of a David-Goliath struggle that, at least until lately, few believed the David side had the slightest chance of winning, the Rhode Island legislature enacted three major anti-trafficking bills last night that the Governor will soon sign into law. 


Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr. Aug 2009

Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.

Donna M. Hughes

Now is the time to speak your voice and urge your Senator to pass the House bill H5044A. Now is the time to close the loophole of indoor prostitution in Rhode Island. Negotiations are ongoing, so please write letters to your senator and circulate petitions now. 


Tattoos Of Girls Under Pimp Control & Pimp Rules For The Control Of Victims, Donna M. Hughes Dr. Aug 2009

Tattoos Of Girls Under Pimp Control & Pimp Rules For The Control Of Victims, Donna M. Hughes Dr.

Donna M. Hughes

I have been collecting evidence of pimps’ practice of tattooing victims for several years. Tattooing, and sometimes branding or scarification, are marks of ownership. It is one of the ways that pimps maintain physical and psychological control over emotionally vulnerable girls. The girls and young women are frequently tattooed with the initials or street names of pimps. Marks also include gang symbols and $ signs or other symbols for the money the girls earn for the pimp. 


Rhode Island Left Out Of Fbi Initiative, Donna M. Hughes Dr. Aug 2009

Rhode Island Left Out Of Fbi Initiative, Donna M. Hughes Dr.

Donna M. Hughes

Rhode Island has been excluded from federal law enforcement investigations of sex trafficking of children because there is no law against prostitution.


Prosecutors And Evidence-Based Sentencing: Rewards, Risks, And Responsibilities, Steven Chanenson Dec 2008

Prosecutors And Evidence-Based Sentencing: Rewards, Risks, And Responsibilities, Steven Chanenson

Steven L. Chanenson

No abstract provided.


Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg Dec 2008

Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg

Ryan M. Riegg

The article critiques traditional economic theory, which frequently fails to address issues like "trust" in the forming of both contractual and marital relationships, and addresses problems within both the American and Islamic marriage & divorce systems from a behavioral economic, and comparative, perspective.


One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll Dec 2008

One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll

Michael W. Carroll

The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.

Provisionally accepting the assumptions of the traditional economic case for intellectual …


Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan Dec 2008

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …


Paternalism In Policy: Prospects And Limitations Of An Economic Analysis, Péter Cserne Dec 2008

Paternalism In Policy: Prospects And Limitations Of An Economic Analysis, Péter Cserne

Péter Cserne

No abstract provided.


A Közteherviselés (70/I. §) [The Constitutional Duty To Contribute To Public Expenditures. Hungary 1989-2009], Péter Cserne Dec 2008

A Közteherviselés (70/I. §) [The Constitutional Duty To Contribute To Public Expenditures. Hungary 1989-2009], Péter Cserne

Péter Cserne

This is a chapter in the 2 volume commentary on the (pre-2012) Hungarian constitution, edited by Andras Jakab. It provides a legal doctrinal analysis of the constitutional power to tax, as regulated in Art 70/I of the Constitution of the Republic of Hungary (the duty to contribute to public expenditures) and interpreted by the Hungarian Constitutional Court.


Labor And Employment Law: Tools For Prevention, Investigation And Discipline Of Staff Sexual Misconduct In Custodial Settings, Susan D. Carle Dec 2008

Labor And Employment Law: Tools For Prevention, Investigation And Discipline Of Staff Sexual Misconduct In Custodial Settings, Susan D. Carle

Susan D. Carle

To address concerns related to preventing staff sexual misconduct in custodial situations, the National Institute of Corrections (NIC) designed a project to provide training and technical assistance to prevent sexual violence in custodial situations. One component of the project, through a cooperative agreement between the American University Washington College of Law (WCL) and NIC, was to address staff involvement in sexual abuse of persons in custodial settings. The result was the preparation, by the NIC/WCL, of this report addressing human resources concerns related to preventing staff sexual misconduct in custodial situations. The paper discusses some of the employment and labor …


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 …


Loneliness As A Partial Mediator Of The Relation Between Low Social Preference In Childhood And Anxious/Depressed Symptoms In Adolescence, Reid Griffith Fontaine, Chongming Yang, Virginia Salzer Burks, Kenneth A. Dodge, Joseph M. Price, Gregory S. Pettit, John E. Bates Dec 2008

Loneliness As A Partial Mediator Of The Relation Between Low Social Preference In Childhood And Anxious/Depressed Symptoms In Adolescence, Reid Griffith Fontaine, Chongming Yang, Virginia Salzer Burks, Kenneth A. Dodge, Joseph M. Price, Gregory S. Pettit, John E. Bates

Reid G. Fontaine

This study examined the mediating role of loneliness (assessed by self-report at Time 2; Grade 6) in the relation between early social preference (assessed by peer report at Time 1; kindergarten through Grade 3) and adolescent anxious/depressed symptoms (assessed by mother, teacher, and self-reports at Time 3; Grades 7–9). Five hundred eighty-five boys and girls (48% female; 16% African American) from three geographic sites of the Child Development Project were followed from kindergarten through Grade 9. Loneliness partially mediated and uniquely incremented the significant effect of low social preference in childhood on anxious/depressed symptoms in adolescence, controlling for early anxious/depressed …