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Articles 1 - 30 of 85
Full-Text Articles in Law
Agreeing To Disagree: Security Council Resolution 1441 And Intentional Ambiguity, Michael Byers
Agreeing To Disagree: Security Council Resolution 1441 And Intentional Ambiguity, Michael Byers
Faculty Scholarship
No abstract provided.
Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn
Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn
Faculty Scholarship
Presented at the European University Institute, Florence, 24-25 September 2004, Conference on Legal Patterns of Transnational Social Regulations and Trade
Proprietary Considerations, Arti K. Rai, Rebecca S. Eisenberg
Proprietary Considerations, Arti K. Rai, Rebecca S. Eisenberg
Faculty Scholarship
No abstract provided.
The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo
The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo
Faculty Scholarship
This is the first paper to statistically examine the timing of interest group lobbying. It introduces a theoretical framework based on recurring “structural policy windows” and argues that these types of windows should have a large effect on the intensity and timing of interest group activity. Using a new database of all lobbying expenditures in the U.S. states ranging up to 25 years, the paper shows interest group lobbying increases substantially during one of these structural windows in particular--the budgeting process. Spikes in lobbying during budgeting are driven primarily by business groups. Moreover, even groups relatively unaffected by budgets lobby …
The Domestic Origins Of International Agreements, Rachel Brewster
The Domestic Origins Of International Agreements, Rachel Brewster
Faculty Scholarship
This paper examines how international agreements are substitutes for statutes. The statutory law-making system and international agreement negotiations are separate, but sometimes rival, processes for setting national-level policy. International agreements have several advantages over domestic statutes. Under United States law, international agreements can entrench policies that might otherwise be subject to change; they can transfer agenda-setting power from the Congress to the President; and they can delegate authority to international organizations. Each of these effects can lead domestic interest groups to seek international negotiations rather than domestic legislation. Little difference exists between the politics of international and domestic law: Interest …
Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher
Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher
Faculty Scholarship
S.J.D. dissertation, submitted April 2004
Finding Cures For Tropical Diseases: Is Open Source An Answer?, Arti K. Rai, Stephen M. Maurer, Andrej Sali
Finding Cures For Tropical Diseases: Is Open Source An Answer?, Arti K. Rai, Stephen M. Maurer, Andrej Sali
Faculty Scholarship
No abstract provided.
Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris
Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris
Faculty Scholarship
No abstract provided.
Innovation In Boilerplate Contracts: An Empirical Examination Of Soverign Bonds, Mitu Gulati, Stephen J. Choi
Innovation In Boilerplate Contracts: An Empirical Examination Of Soverign Bonds, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
Network externalities may lead contracting parties to stay wiht a "standardized" term despite preferences for another term. Using a dataset of sovereign bond offerings from 1995 to early 2004, we test the importance of standardization for the modification provisions relating to payment terms. We provide evidence that (1) standardization may lead parties to adopt provisions not necessarily out of preference and (2) standards, nonetheless, may change. The process of change, however, is not necessarily quick or straightforward. In the sovereign bond context, change came by way of an "interpretive shock." Contracts with modification provisions requiring the unanimous consent of bondholders …
The Rehnquist Court’S Two Federalisms, Ernest A. Young
The Rehnquist Court’S Two Federalisms, Ernest A. Young
Faculty Scholarship
No abstract provided.
The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca E. Bignami
The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca E. Bignami
Faculty Scholarship
This paper conceptualises European governance as a continuous series of collective action games among national regulators. European administration is theorized as a set of mutually beneficial relations among independent regulators, rather than as a hierarchy of supranational institutions, courts, and national administrators. The collective action approach highlights the importance of certain factors in fostering regulatory cooperation and enabling the common market to become an administrative reality: repeated interactions, monitoring and sanctioning by the Commission and the courts, reciprocity norms, and trust. It also suggests that one of the most significant challenges of enlargement will be to establish cooperative regulatory exchanges …
Organisational Responses To Discontinuous Innovation: A Case Study Approach, Barak D. Richman, Jeffrey T. Macher
Organisational Responses To Discontinuous Innovation: A Case Study Approach, Barak D. Richman, Jeffrey T. Macher
Faculty Scholarship
Research that examines entrant-incumbent dynamics often points to the organisational limitations that constrain incumbents from successfully pursuing new technologies or fending off new entrants. Some incumbents are nevertheless able to successfully implement organisational structures and develop routines that overcome these institutional constraints. We provide a case-study analysis of how three firms - Motorola, IBM and Kodak - responded to "discontinuous" innovations and the associated structural and organisational limitations that are typical to incumbent organisations. Each firm was able to capture gains from new technologies and develop profitable products in emerging markets, although their abilities to sustain these gains varied due …
Regime Shifting: The Trips Agreement And New Dynamics Of International Intellectual Property Lawmaking, Laurence R. Helfer
Regime Shifting: The Trips Agreement And New Dynamics Of International Intellectual Property Lawmaking, Laurence R. Helfer
Faculty Scholarship
This Article draws upon the international relations theory of regimes to analyze the growing chorus of challenges to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), and to the expansion of intellectual property rights more generally. The few years since TRIPs entered into force have seen nothing less than an explosion of interest in intellectual property issues in international fora not previously concerned with the products of human creativity or innovation. Intellectual property is now at or near the top of the agenda in intergovernmental organizations such as the World Health Organization and the Food and Agriculture Organization, …
Welcome To The Dark Side: Liberals Rediscover Federalism In The Wake Of The War On Terror, Ernest A. Young
Welcome To The Dark Side: Liberals Rediscover Federalism In The Wake Of The War On Terror, Ernest A. Young
Faculty Scholarship
No abstract provided.
What Is Commercial Speech? - The Issue Not Decided In ‘Nike V. Kasky’, Catherine Fisk, Erwin Chemerinsky
What Is Commercial Speech? - The Issue Not Decided In ‘Nike V. Kasky’, Catherine Fisk, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Hormesis, Hotspots And Emissions Trading, Jonathan B. Wiener
Hormesis, Hotspots And Emissions Trading, Jonathan B. Wiener
Faculty Scholarship
Instrument choice -- the comparison of technology standards, performance standards, taxes and tradable permits -- has been a major topic in environmental law and environmental economics. Most analyses assume that emissions and health effects are positively and linearly related. If they are not, this complicates the instrument choice analysis. This article analyses the effects of a nonlinear dose/response function on instrument choice. In particular, it examines the effects of hormesis (highdose harm but low-dose benefit) on the choice between fixed performance standards and tradable emissions permits. First, the article distinguishes the effects of hormesis from the effects of local emissions. …
Going Global Or Regional Or Both? Dispute Settlement In The Southern African Development Community (Sadc) And Overlaps With Other Jurisdictions, Joost H. B. Pauwelyn
Going Global Or Regional Or Both? Dispute Settlement In The Southern African Development Community (Sadc) And Overlaps With Other Jurisdictions, Joost H. B. Pauwelyn
Faculty Scholarship
No abstract provided.
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Losing Liberties: Applying A Foreign Intelligence Model To Domestic Law Enforcement, Erwin Chemerinsky
Losing Liberties: Applying A Foreign Intelligence Model To Domestic Law Enforcement, Erwin Chemerinsky
Faculty Scholarship
Since the tragedy of September 11, the federal government's actions have resulted in a serious erosion of liberties. In expanding authority for electronic eavesdropping and in claiming unprecedented authority to detain individuals without due process, the government has taken powers that previously have been limited to foreign intelligence gathering arid activities in foreign countries and has sought to use them for domestic law enforcement. This is a troubling increase of powers for the federal government that threatens civil liberties, without any likelihood that it is necessary to make the country safer.
Allocating Power Over Fact-Finding In The Patent System, Arti K. Rai
Allocating Power Over Fact-Finding In The Patent System, Arti K. Rai
Faculty Scholarship
Under well-settled patent law, the decision regarding whether to grant or deny a patent turns on technical fact-finding. Recommendations made in recent patent system reform reports issued by the Federal Trade Commission (FTC) and the National Academy of Sciences (NAS) could have a substantial impact on which patent institution has power over fact-finding. The FTC's approach to power allocation is relatively explicit: the USPTO's factual findings should be accorded a low level of deference when made in the context of an ordinary patent grant; significant deference when made in the context of a patent denial; and perhaps the highest level …
Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.
Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.
Faculty Scholarship
No abstract provided.
Law, Politics, And Judicial Review: A Comment On Hasen, Guy-Uriel Charles
Law, Politics, And Judicial Review: A Comment On Hasen, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Faculty Scholarship
Risk assessment is now a common feature of regulatory practice, but fear assessment is not. In particular, environmental, health and safety agencies such as EPA, FDA, OSHA, NHTSA, and CPSC, commonly count death, illness and injury as costs for purposes of cost-benefit analysis, but almost never incorporate fear, anxiety or other welfare-reducing mental states into the analysis. This is puzzling, since fear and anxiety are welfare setbacks, and since the very hazards regulated by these agencies - air or water pollutants, toxic waste dumps, food additives and contaminants, workplace toxins and safety threats, automobiles, dangerous consumer products, radiation, and so …
Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler
Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Experimentalist Equal Protection, Brandon L. Garrett, James S. Liebman
Experimentalist Equal Protection, Brandon L. Garrett, James S. Liebman
Faculty Scholarship
Elsewhere Garrett and Liebman have recounted that though James Madison is considered "the Father of the Constitution," his progeny disappointed him because it was defenseless against self-government's "mortal disease "-the oppression of minorities by local majorities-because the Framers rejected the radical structural approach to equal protection that Madison proposed. Nor did the framers of the Fourteenth Amendment's Equal Protection Clause and federal courts enforcing it adopt a solution Madison would have considered "effectual." This Article explores recent subconstitutional innovations in governance and public administration that may finally bring the nation within reach of the constitutional polity Madison envisioned To explain …
Evaluating The Fcc’S National Television Ownership Cap: What’S Bad For Broadcasting Is Good For The Country, Stuart M. Benjamin
Evaluating The Fcc’S National Television Ownership Cap: What’S Bad For Broadcasting Is Good For The Country, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
Firms, Courts, And Reputation Mechanisms: Towards A Positive Theory Of Private Ordering, Barak D. Richman
Firms, Courts, And Reputation Mechanisms: Towards A Positive Theory Of Private Ordering, Barak D. Richman
Faculty Scholarship
This Essay formulates a positive model that predicts when commercial parties will employ private ordering to enforce their agreements. The typical enforcement mechanism associated with private ordering is the reputation mechanism, in which a merchant community punishes parties in breach of contract by denying them future business. The growing private ordering literature argues that these private enforcement mechanisms can be superior to the traditional, less efficient enforcement measures provided by public courts. However, previous comparisons between public and private contractual enforcement have presented a misleading dichotomy by failing to consider a third enforcement mechanim: the vertically integrated firm. This Essay …
On Military Commissions, Scott L. Silliman
On Military Commissions, Scott L. Silliman
Faculty Scholarship
With pretrial hearings for several detainees underway at Guantanamo Bay, and the prospect for full trials before military commissions1 starting either late this year or early in 2005, this little understood option for prosecuting terrorists has become the focus of intense debate within this country and abroad, even becoming an election year issue for the presidential contenders. Many have suggested that the military commission procedures should have grafted in more of the due process protections afforded in courts-martial under the Uniform Code of Military Justice, the criminal justice system created by Congress to govern the conduct of our own service …
A Reflection On Rulemaking: The Rule 11 Experience, Paul D. Carrington, Andrew Wasson
A Reflection On Rulemaking: The Rule 11 Experience, Paul D. Carrington, Andrew Wasson
Faculty Scholarship
No abstract provided.
Reflections On Brown, Paul D. Carrington