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Selected Works

1998

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Articles 1 - 30 of 153

Full-Text Articles in Law

Praising With Faint Damnation--The Troubling Rehabilitation Of Korematsu, Alfred C. Yen Nov 1998

Praising With Faint Damnation--The Troubling Rehabilitation Of Korematsu, Alfred C. Yen

Alfred C. Yen

No abstract provided.


Is Perfect Price Discrimination Really Efficient? Welfare And Existence In General Equilibrium, Aaron S. Edlin, Mario Epelbaum, Walter P. Heller Nov 1998

Is Perfect Price Discrimination Really Efficient? Welfare And Existence In General Equilibrium, Aaron S. Edlin, Mario Epelbaum, Walter P. Heller

Aaron Edlin

We examine the welfare properties of surplus maximization by embedding a perfectly discriminating monopoly in an otherwise standard Arrow-Debreu economy. Although we discover an inefficient equilibrium, we validate that equilibria are efficient provided that the monopoly goods are costly, and (ii) that a natural monopoly can typically use personalized two-part tariffs in these equilibria. However, we find that Pareto optima are sometimes incompatible with surplus maximization, even when transfer payments are used. We provide insight into the source of this difficulty and give some instructive examples of economies where a second welfare theorem holds.


Small Claims Courts Offer Prompt Adjudication Based On Substantive Law, Gerald Lebovits Nov 1998

Small Claims Courts Offer Prompt Adjudication Based On Substantive Law, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Is International Antitrust Possible?, Andrew T. Guzman Oct 1998

Is International Antitrust Possible?, Andrew T. Guzman

Andrew T Guzman

This Article analyzes the economic incentives countries face in selecting an antitrust policy. It demonstrates that, in the presence of international trade, antitrust policies chosen by national governments will generally not lead to an outcome that is desirable from an international perspective. Professor Guzman identifies the reasons why nationally chosen policies are different from the optimal global policy and shows how the direction of the deviation from the optimal policy depends on trade patterns and the extent to which national laws are applied extraterritorially. The author concludes that, although international agreement is not impossible, the prospects for substantive cooperation on …


International Decisions. European Communities - Measures Concerning Meat And Meat Products, David A. Wirth Sep 1998

International Decisions. European Communities - Measures Concerning Meat And Meat Products, David A. Wirth

David A. Wirth

No abstract provided.


Advice To Flight Crews Concerning Wildlife Hazards To Aircraft, Paul F. Eschenfelder Aug 1998

Advice To Flight Crews Concerning Wildlife Hazards To Aircraft, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


Political Liberalism's Tertium Quiddity: Neutral "Public Reason" (Review Of Michael White, Partisan Or Neutral? The Futility Of Public Political Theory, 1997), Patrick Mckinley Brennan Jul 1998

Political Liberalism's Tertium Quiddity: Neutral "Public Reason" (Review Of Michael White, Partisan Or Neutral? The Futility Of Public Political Theory, 1997), Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


Liability Rights As Contingent Claims, Robert D. Cooter Jul 1998

Liability Rights As Contingent Claims, Robert D. Cooter

Robert Cooter

No abstract provided.


1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler Jul 1998

1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler

Thomas D. Lyon

Debates regarding the admissibility of expert testimony in child sexual abuse cases are often characterized as between clinicians and researchers. Clinicians base their judgment on personal experience and anecdotes, whereas researchers base their judgment on scientific findings. Clinicians are willing to testify that a particular child has been sexually abused, whereas researchers cautiously avoid rendering a judgment about any particular case. Clinicians believe that they can interpret children's statements and behaviors to validate abuse, whereas researchers warn that children's statements and behaviors may be shaped by adults, including clinicians. Clinicians are happy to testify (typically for the prosecution), comfortably adopting …


Report And Recommendations Made By The Panel Of Commissioners Concerning The First Installment Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/1998/7 (2 July 1998). Jul 1998

Report And Recommendations Made By The Panel Of Commissioners Concerning The First Installment Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/1998/7 (2 July 1998).

David D. Caron

No abstract provided.


O Estado De Necessidade Legislativo E As Medidas Provisórias, Ivo T. Gico Jr., Danielle C. Lanius Jun 1998

O Estado De Necessidade Legislativo E As Medidas Provisórias, Ivo T. Gico Jr., Danielle C. Lanius

Ivo Teixeira Gico Jr.

As medidas legislativas de urgência são geralmente motivadas por uma necessidade premente de normatização que não comporta - em tese - o trâmite legislativo normal. O presente trabalho explora a regulação desse Estado de Necessidade Legislativo no Brasil e no Direito Comparado para tentar identificar limites jurídicos à legislação de urgência.


Managed Care, Assisted Suicide And Vulnerable Populations, M. Cathleen Kaveny Jun 1998

Managed Care, Assisted Suicide And Vulnerable Populations, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


Fulbright Report Of Organization For Security And Cooperation (Osce) Regional Research Program, David A. Wirth Jun 1998

Fulbright Report Of Organization For Security And Cooperation (Osce) Regional Research Program, David A. Wirth

David A. Wirth

Report on activities conducted with Fulbright support from 1996 to 1997.


The Place Of The Environment In International Tribunals, David D. Caron Jun 1998

The Place Of The Environment In International Tribunals, David D. Caron

David D. Caron

No abstract provided.


A Regulated Market In Unmatured Tort Claims: Tort Reform By Contract, Robert D. Cooter, Stephen D. Sugarman May 1998

A Regulated Market In Unmatured Tort Claims: Tort Reform By Contract, Robert D. Cooter, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.


Electronic Commerce And The Symbiotic Relationship Between International And Domestic Law Reform, Amelia H. Boss May 1998

Electronic Commerce And The Symbiotic Relationship Between International And Domestic Law Reform, Amelia H. Boss

Amelia Boss

No abstract provided.


A Regulated Market In Unmatured Tort Claims: Tort Reform By Contract, Robert D. Cooter, Stephen D. Sugarman May 1998

A Regulated Market In Unmatured Tort Claims: Tort Reform By Contract, Robert D. Cooter, Stephen D. Sugarman

Robert Cooter

No abstract provided.


Expressive Law And Economics, Robert D. Cooter May 1998

Expressive Law And Economics, Robert D. Cooter

Robert Cooter

No abstract provided.


Institutional And Legal Frameworks For Water Dispute Resolution And Prevention, Valentina Okaru-Bisant May 1998

Institutional And Legal Frameworks For Water Dispute Resolution And Prevention, Valentina Okaru-Bisant

Valentina Okaru-Bisant

This paper covers legal and institutional means of resolving and preventing disputes over Africa's shared river basins. An increased potential for water development and management disputes in Africa exists mainly because of increases in population growth, demand for increasingly scarce water resources, and competition over such resources for development initiatives. Therefore, developing and enforcing water agreements is critical to basin nations.


Note: Deference To Legislative Fact Determinations In First Amendment Cases After Turner Broadcasting, Kenneth A. Bamberger May 1998

Note: Deference To Legislative Fact Determinations In First Amendment Cases After Turner Broadcasting, Kenneth A. Bamberger

Kenneth A. Bamberger

No abstract provided.


The Functions Of Trust Law: A Comparative Legal And Economic Analysis, Henry Hansmann, Ugo Mattei Apr 1998

The Functions Of Trust Law: A Comparative Legal And Economic Analysis, Henry Hansmann, Ugo Mattei

Ugo Mattei

No abstract provided.


Equal Justice, Cornerstone Of Freedom, May Be Found In Small Claims Court, Gerald Lebovits Apr 1998

Equal Justice, Cornerstone Of Freedom, May Be Found In Small Claims Court, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Survey Of Jails: Areport, Maurya Vijay Chandra Apr 1998

Survey Of Jails: Areport, Maurya Vijay Chandra

Maurya Vijay Chandra

As a part of the programme taken up by the executive Chairperson of the Authority, the City Legal Services Authority, a team of young and S.P. promised to provide a van exclusively for enterprising advocates took upon themselves the production of undertrials before the Railway the task of visiting different jails in Patna viz. Magistrate. A calendar was prepared for pro- Beur, Phulwari Sharif, Danapur and Patna City duction of railway offenders from Beur, Phulwari, to complete the survey Form ClfCI! after going Patna City and Danapur. A fetter was also through the custody warrants and interviewing written by the …


Judge Wright And Her Husband's Advice Mar 1998

Judge Wright And Her Husband's Advice

Ira P. Robbins

No abstract provided.


The Scope Of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before And After Swint, Joan Steinman Feb 1998

The Scope Of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before And After Swint, Joan Steinman

Joan E. Steinman

No abstract provided.


Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan E. Steinman Feb 1998

Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan E. Steinman

Joan E. Steinman

No abstract provided.


The Outer Limits Of Community Self-Governance In Residential Associations, Municipalities, And Indian Country: A Liberal Theory, Mark D. Rosen Feb 1998

The Outer Limits Of Community Self-Governance In Residential Associations, Municipalities, And Indian Country: A Liberal Theory, Mark D. Rosen

Mark D. Rosen

This Article provides a normative framework that seeks to answer the questions of when and to what extent society should allow "dissident" communities to opt out of general culture and govern themselves. It surveys a number of such groups and develops an ideal typical conception of the ideology that drives them. Drawing on John Rawls' Political Liberalism, the Article then argues that foundational liberal commitments require that society grant most of these communities far greater powers to self-govern than currently are allowed under the law, subject to certain limits that the Article identifies. The Article then applies its framework to …


The Failed Case For Eighth Amendment Regulation Of The Capital-Sentencing Trial, Scott W. Howe Feb 1998

The Failed Case For Eighth Amendment Regulation Of The Capital-Sentencing Trial, Scott W. Howe

Scott W. Howe

This article explores Eighth Amendment theories that might justify the effort by the Supreme Court to regulate capital-sentencing trials but explains why they are problematic. The Court typically has asserted that the aim of its capital-sentencing doctrine is to achieve nonarbitrariness or consistency in the use of the death penalty. However, the article shows why the Court's regulatorty efforts have not served that goal, why that goal is unachievable, and, ultimately, why that goal does not comport with the mandate of the Eighth Amendment. The article contends that the better view is that the Eighth Amendment limits the use of …


Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock Feb 1998

Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock

Dan Tarlock

No abstract provided.


Teaching Law With Computers, Richard Warner Feb 1998

Teaching Law With Computers, Richard Warner

Richard Warner

No abstract provided.