Law Commons^™

Comments On Liebman And Zeckhauser, Simple Humans, Complex Insurance, Subtle Subsidies, Edward J. Mccaffery

Edward J McCaffery

These are brief comments on an excellent paper by Jeffrey Liebman and Richard Zeckhauser, prepared for a conference sponsored by the Urban Institute and Brookings on tax and health care policy. Liebman and Zeckhauser summarize the complexities involved in making optimal health insurance decisions, and offer generally cautionary notes about conflating these with tax law (a theme of the conference). Most importantly, Liebman and Zeckhauser suggest a positive role for employers in health care and insurance decisions, as better setters or framers of choice sets—witness 401(k) plans. In this Commentary, I applaud Leibman and Zeckhauser’s general work and particular observation, …

18. Complex Questions Asked By Defense Lawyers But Not Prosecutors Predicts Convictions In Child Abuse Trials., Angela D. Evans, Kang Lee, Thomas D. Lyon

Thomas D. Lyon

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Mark Graber

No abstract provided.

Building A Digital Collection: The Making Of Historical Publications Of The United States Commission On Civil Rights, Bill Sleeman

Bill Sleeman

This article briefly explores the technical and administrative tasks required to create a digital resource devoted to the U.S. Commission on Civil Rights.

Leave Film Tax Credits On Cutting-Room Floor, Sheldon H. Laskin

Sheldon H. Laskin

No abstract provided.

Report Of The Commission To Assess The Threat To The United States From Emp Attack: Critical National Infrastructures, William R. Graham

George H Baker

The physical and social fabric of the United States is sustained by a system of systems; a complex and dynamic network of interlocking and interdependent infrastructures (“critical national infrastructures”) whose harmonious functioning enables the myriad actions, transactions, and information flow that undergird the orderly conduct of civil society in this country. The vulnerability of these frastructures to threats — deliberate, accidental, and acts of nature — is the focus of greatly heightened concern in the current era, a process accelerated by the events of 9/11 and recent hurricanes, including Katrina and Rita. This report presents the results of the Commission’s …

A Comparative Analysis Of The Legal Obstacles To Institutional Investor Activism In Europe And In The Us (Pdf Format), Paolo Santella, Enrico Baffi, Carlo Drago, Dino Lattuca

Paolo Santella

No abstract provided.

A Comparative Analysis Of The Legal Obstacles To Institutional Investor Activism In Europe And In The Us (Pdf Format), Paolo Santella, Enrico Baffi, Carlo Drago, Dino Lattuca

Carlo Drago

No abstract provided.

Η Κύπρος Στα Δύσκολα Μονοπάτια Της Αλήθειας Και Της Συμφιλίωσης», [Cyprus Confronting The Difficult Pathway Of Truth And Reconciliation], Nicos Trimikliniotis

Nicos Trimikliniotis

[In Greek] This paper is an attempt at approaching the issue of truth and reconciliation in Cyprus in a way that draws upon both the international as well as the local struggles and traditions, in an effort to critically integrate the knowledge, experiences and allow for reflectivity. What follows is a brief sketch of a more extensive paper which reflects upon the means, goals and ultimate objectives in a manner that is open-ended and non-exhaustive to contribute towards a debate on a subject that has not received its due attention . The paper draws upon some of the debates over …

Bush V. Boumediene: The Court Is Back, Jay Dratler

Jay Dratler

This short article is a follow-up to a piece I wrote two years ago on Hamdan v. Rumsfeld, SSRN No. 913822. While applauding the result in Hamdan, I critiqued the Supreme Court for missing a “teachable moment” and obscuring the great issues at stake in prolixity and mind-numbing technical detail.In this article, I applaud the Boumediene v. Bush Court not only for its result—that the Constitution’s Suspension Clause can require habeas corpus for aliens held abroad under certain circumstances—but for its reasoning and style as well. This time, the majority of five did not miss its “teachable moment,” but placed …

Rethinking Reconciliation And Cooperation With View To Reunification In Cyprus: Challenges For Citizens, Political And Social Actors, Nicos Trimikliniotis

Nicos Trimikliniotis

Concept The conference aims to initiate a dialogue between the two communities on the concept as well as the potential for reconciliation and cooperation in Cyprus today: at a time when working groups and technical committees are engaged in a dialogue preparing the ground for the face to face meeting between the leaders of the two communities, academics, researchers, activists and concerned citizens cannot stand by and watch; they need to find ways to constructively engage in the debate over the future of Cyprus and contribute to building trust, communication and understanding between the two communities. The conference proposes to …

A Comparative Analysis Of The Legal Obstacles To Institutional Investor Activism In Europe And In The Us (Pdf Format), Paolo Santella, Enrico Baffi, Carlo Drago, Dino Lattuca

Paolo Santella

No abstract provided.

A Comparative Analysis Of The Legal Obstacles To Institutional Investor Activism In Europe And In The Us (Pdf Format), Paolo Santella, Enrico Baffi, Carlo Drago, Dino Lattuca

Carlo Drago

No abstract provided.

Preparing Law Students For Disappointing Exam Results: Lessons From "Casey At The Bat", Grant H. Morris

Grant H Morris

It is a statistical fact of life that two-thirds of the law students who enter law school will not graduate in the upper one-third of their law school class. Typically, those students are disappointed in their examination grade results and in their class standing. Nowhere does this disappointment manifest itself more than in their attitude toward their classes. As students begin law school, they are eager, excited, and willing to participate in class discussion. But after they receive their first semester grade results, many students withdraw from the learning process; they are depressed and disengaged. They suffer a significant loss …

A Study Of Flexicurity Strategy In Netherlands And Denmark: The Institutional Life-Course Policy Approach, Chih-Lung Huang

Chih-lung Huang

The flexicurity strategy in Netherlands and Denmark, i.e. flexible labour market and the reinforcement of social security institutions, successfully kept the unemployment rate from rising in the 1990s and has drawn attention from social policy scholars. Under the development of flexible labour market and destabilized employment pattern, the agenda of flexicurity strategy has been shifted to strengthen and facilitate the transitions in social security institutions. Drawing on institutional analysis on redistribution of time and income, this paper explores outcomes and development from recent flexicurity reforms. Results show that the working time in Netherlands and Denmark has been redistributed both vertically …

Environmentalists Help Manage Corporate Reputation: Changing Perceptions Not Behaviour, Sharon Beder

Sharon Beder

Environmentalists have traditionally drawn attention to environmental problems by highlighting corporate misdeeds and thereby damaged the good reputation of those companies. However, nowadays those very corporations are drawing on environmentalists to help repair their reputations. Nike and BP are two examples of companies that have adopted some environmental reforms as part of their reputation management strategies and received the praise of environmental groups for doing so. Yet both continue with the practices that earned them poor reputations in the first place. Clearly the role of environmentalists in working with such companies is misguided and ineffective in terms of long-term environmental …

Grounded History: A Keynote Address To The 14th Annual Massachusetts Statewide Undergraduate Research Conference, Amilcar Shabazz

Amilcar Shabazz

No abstract provided.

The Practical Effects Of Delegation: Agencies And The Zoning Of Public Lands And Seas, Josh Eagle

Josh Eagle

Legislative efforts to delegate zoning power to public land and ocean management agencies have generally proven unsuccessful. When given the power to create uniform-use areas such as parks and wilderness areas within their broader jurisdictions, agencies either have opted not to exercise it or have been extremely hesitant to do so. The tepid administrative response to zoning is not surprising. Zoning decisions are politically charged, are likely to offend powerful, concentrated interest groups, and erode the discretion that is the core of agency power. These aspects of zoning decisions explain why, by contrast, all states require that municipal zoning ordinances …

A Primary Human Challenge, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

We may ask why, at both the individual and collective levels, it has seemed so difficult for us to choose to evolve our human games with Joy. There is no one answer for such a question, for each of us has the gift of free will. I will suggest, however, that built into our human games is what I call a primary human challenge. That primary human challenge is a dynamic tension, flowing from our creative urge for the freedom “to be” who we really are in our current physical form, and simultaneously to embrace our responsibility for our Being-ness.

“If The Answer Is Outsourcing, What Is The Question?”: Managing Externalization Of Library Services Ten Years After The Tempest - A Review Of The Literature, Mikhail Koulikov

Mikhail Koulikov

No abstract provided.

Polycentric Governance Of Normative Technologies: Democratic And Constitutional Issues / Gouvernance Polycentrique Des Technologies Normatives: Enjeux Démocratiques Et Constitutionnels., Antoinette Rouvroy

Antoinette Rouvroy

English abstract: This personal project, funded by the FNRS, addresses the relationships between Law and the myriad of norms generated by non-state actors involved in the governance of the Information Society. A first question is about both the specificities, if any, of the legal norms, or of the Law, in the regulatory landscape of the Information Society, and the role that the law might have in the assessment and guarantee of the legitimacy of 'non-state norms'. Assuming that a basic condition of the legitimacy of norms, whatever their kinds, would reside in the possibility that individuals have to contest them, …

The Organismic State Against Itself: Schelling, Hegel And The Life Of Right, Joshua D. Lambier

Joshua D Lambier

Focusing on the political thought of Schelling and Hegel – beginning with the early texts (1796–1802), then moving briefly to Hegel’s well known Philosophy of Right (1821) – this essay revisits the Romantic-Idealist theory of the organic state by returning to its genesis in the turbulent political, cultural and scientific debates of the post-Revolutionary period. Given the controversial nature of its historical (mis)appropriations, the organic idea of the state has become synonymous with totality and closure. This essay argues, however, that the contemporary rejection of organicism relies on narrow interpretations of Romantic and Idealist notions of organic life, interpretations that …

Disability Rights In Ireland: Chronicle Of A Missed Opportunity, Jurgen De Wispelaere, Judy Walsh

Jurgen De Wispelaere

This article critically examines the Disability Act 2005 which regulates access to public services for disabled people in Ireland. We examine the competing conceptions of disability rights advanced by the government and the disability sector during the debate on the legislation and offer an interpretation of disability rights as the justiciable right to challenge. The Disability Act 2005 is then evaluated in light of the proposed framework. We outline a number of ways in which the absence of a justiciable right to challenge fails to safeguard the dignity, empowerment and participation of disabled people. We contend that, despite protestations to …

Freshwater Conservation: A Review Of Oregon Water Law & Policy, Adell L. Amos

Adell L. Amos

In order to more fully understand and enhance freshwater conservation in the State of Oregon, The Nature Conservancy initiated a project to conduct a legal and policy review of Oregon water law. In Oregon, like all western states, water management is based on a combination of statutes, administrative rules, agency policies, and case law. Accordingly, this report identifies and explains relevant provisions of the Oregon Water Code and discusses how the legislature, state administrative agencies, and the courts have interpreted the law. The report also identifies the impacts and implications of legal and policy choices that have been made with …

17. Maltreated Children’S Understanding Of And Emotional Reactions To Dependency Court Involvement., Jodi A. Quas, Allison R. Wallin, Briana Horwitz, Thomas D. Lyon

Thomas D. Lyon

The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Pdf Format), Paolo Santella, Carlo Drago, Andrea Polo

Paolo Santella

No abstract provided.

The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Pdf Format), Paolo Santella, Carlo Drago, Andrea Polo

Carlo Drago

No abstract provided.

Organizational Perspectives On Contracts, Gordon Smith, Brayden King

D. Gordon Smith

A Positive Theory Of Eminent Domain, Eric Kades

Eric A. Kades

The (First) American State Litter Scorecard (2008), Stephen [Steve] L. Spacek

Stephen [Steve] L Spacek

ABSTRACT Littering is an American environmental crime, creating a danger to public health and safety. Experts nationwide have done little research on litter’s impingement upon state jurisdictional environmental degradation. Unfortunately, the 50 American states do not collect uniform litter data measures, such as volumes of waste collected, total litter eradication expenditures, the number of persons injured or killed by litter/dumping-related incidents. For the first time, a "litter scorecard" is created, measuring each state’s environmental quality indicators and litter eradication programs. The research first examines salient social and political mores that influence littering and statewide environmental degradation through a review of …