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Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin A. O'Hara Oct 2000

Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin A. O'Hara

Vanderbilt Law Review

This Article uses public choice theory to analyze the function of choice-of-law clauses in contracts. Choice-of-law clauses are now quite common and are increasingly enforced, especially with the proliferation of international and Internet transactions. Because these clauses can be used by parties to avoid regulation, academics are now vigorously debating the extent to which this contractual opt out should be permitted. The Article presents a positive political theory of the interplay of legislative action and the enforcement of choice of law. It demonstrates that the important normative debate over choice of law is somewhat misguided because both sides fail to …


Racial Profiling: The Criterion Of Disproportionate Numbers, Ibpp Editor Jun 2000

Racial Profiling: The Criterion Of Disproportionate Numbers, Ibpp Editor

International Bulletin of Political Psychology

This article critiques a common criterion employed to identify examples of racial profiling in law enforcement.


Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison Jun 2000

Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison

University of Michigan Journal of Law Reform

The National Labor Relations Board's (NLRB) seeming powerlessness to process dues objector cases has led to a proliferation of state sponsored "paycheck protection" laws and popular referenda devised to ensure that workers will not be obliged to pay dues for non-germane purposes. Recently, California captured national attention as the site of a richly contested paycheck protection referendum. Such proposals have electrified union advocates and have enlivened the debate over the proper use of union dues. In addition, recent attempts to reform campaign finance have run aground on the thorny issue of union political contributions (both in-kind and in cash). Concurrently, …


Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes Apr 2000

Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes

University of Michigan Journal of Law Reform

The articles and commentaries in this Symposium are excellent points of departure for reflecting upon the advances thus far achieved in the evolution of this still very young community of scholars. The articles and commentaries that follow this brief Introduction comprise the second "free-standing" law review Symposium on LatCrit theory organized specifically in response to student interests and initiatives. The timing is fitting, for this Symposium also coincides with the fifth anniversary of LatCrit theory's emergence in the American legal academy. Since then, five annual conferences and four additional colloquia have produced, in total, nine published symposia in both mainstream …


Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush Apr 2000

Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush

University of Michigan Journal of Law Reform

This Symposium on nation and culture illustrates these LatCrit goals and advances them. The two main works and the commentaries on them are rich explorations and representations of the voices and concerns of LatCrit theory. This Foreword engages all the works by focusing on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a progressive methodology to analyze and detect the exclusion or silencing of myriad voices. This Part develops a LatCritical Human Rights paradigm …


Veterinary Medical Board, Michelle J. Hubbard Jan 2000

Veterinary Medical Board, Michelle J. Hubbard

California Regulatory Law Reporter

No abstract provided.


Bureau Of State Audits, J. D. Fellmeth Jan 2000

Bureau Of State Audits, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Legislative Analyst's Office, J. D. Fellmeth Jan 2000

Legislative Analyst's Office, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Against Centralization, Gerald E. Frug Jan 2000

Against Centralization, Gerald E. Frug

Buffalo Law Review

No abstract provided.


Localism And Regionalism, Richard Briffault Jan 2000

Localism And Regionalism, Richard Briffault

Buffalo Law Review

No abstract provided.


Board Of Behavioral Sciences, Tasha Soroosh Jan 2000

Board Of Behavioral Sciences, Tasha Soroosh

California Regulatory Law Reporter

No abstract provided.


Board Of Optometry, Tatiana Rodriguez Jan 2000

Board Of Optometry, Tatiana Rodriguez

California Regulatory Law Reporter

No abstract provided.


Office Of Administrative Law, Tasha Soroosh Jan 2000

Office Of Administrative Law, Tasha Soroosh

California Regulatory Law Reporter

No abstract provided.


Department Of Corporations, Kelly Ann Debie Jan 2000

Department Of Corporations, Kelly Ann Debie

California Regulatory Law Reporter

No abstract provided.


Dental Board Of California, Peter Sansom Jan 2000

Dental Board Of California, Peter Sansom

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth Jan 2000

Medical Board Of California, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Jenny K. Li Jan 2000

Board Of Pharmacy, Jenny K. Li

California Regulatory Law Reporter

No abstract provided.


Board Of Podiatric Medicine, Monisha Ann Coelho Jan 2000

Board Of Podiatric Medicine, Monisha Ann Coelho

California Regulatory Law Reporter

No abstract provided.


Board Of Psychology, Jessica A. Neyman, J. D. Fellmeth Jan 2000

Board Of Psychology, Jessica A. Neyman, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Respiratory Care Board, Jessica A. Neyman, J. D. Fellmeth Jan 2000

Respiratory Care Board, Jessica A. Neyman, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Little Hoover Commission, Elisa D'Angelo Weichel Jan 2000

Little Hoover Commission, Elisa D'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


Senate Office Of Research, Elisa D'Angelo Weichel Jan 2000

Senate Office Of Research, Elisa D'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Charlotte Wilder Jan 2000

Board Of Registered Nursing, Charlotte Wilder

California Regulatory Law Reporter

No abstract provided.


On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring Jan 2000

On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring

Michigan Journal of International Law

This paper outlines a recent procedural innovation in the tax area, the Advance Pricing Agreement Program ("APA" program), and evaluates its success. Such a case study can play a significant role in linking procedural innovation to the broader issues of administrative law theory and regulatory reform. For example, a working model such as the APA program, built on flexibility and creativity, may support administrative theories advocating discretion, flexibility, and experimentation. Conversely, some interest group theories of regulation (e.g., public choice theory), can prompt critical examination of reforms like APAs that exhibit limited openness to scrutiny. The APA program is an …


Civil Forfeiture And The Excessive Fines Clause: Does Bajakajian Provide False Hope For Drug-Related Offenders?, Chet Little Jan 2000

Civil Forfeiture And The Excessive Fines Clause: Does Bajakajian Provide False Hope For Drug-Related Offenders?, Chet Little

University of Florida Journal of Law & Public Policy

No abstract provided.


Sexual Discrimination: Peer Sexual Harassment And Its Effect Under Title Ix, Jarret Raab Jan 2000

Sexual Discrimination: Peer Sexual Harassment And Its Effect Under Title Ix, Jarret Raab

University of Florida Journal of Law & Public Policy

No abstract provided.


Chicanas/Os, "Liberty" And Roger B. Taney, Guadalupe T. Luna Jan 2000

Chicanas/Os, "Liberty" And Roger B. Taney, Guadalupe T. Luna

University of Florida Journal of Law & Public Policy

No abstract provided.


Remapping The Domain Of Property In Africa, L. Amede Obiora Jan 2000

Remapping The Domain Of Property In Africa, L. Amede Obiora

University of Florida Journal of Law & Public Policy

No abstract provided.


The Queen, The Attorney General, And The Modern Charitable Fiduciary: A Historical Perspective On Charitable Enforcement Reform, David V. Patton Jan 2000

The Queen, The Attorney General, And The Modern Charitable Fiduciary: A Historical Perspective On Charitable Enforcement Reform, David V. Patton

University of Florida Journal of Law & Public Policy

No abstract provided.


Electronic Formulary Management And Medicaid: Maximizing Economic Efficiency And Quality Of Care In The Age Of Electronic Prescribing, Mark A. Buckles Jan 2000

Electronic Formulary Management And Medicaid: Maximizing Economic Efficiency And Quality Of Care In The Age Of Electronic Prescribing, Mark A. Buckles

University of Florida Journal of Law & Public Policy

No abstract provided.