Law Commons^™

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.

Three Stories And Their Morals, Robert B. Bennett

Robert B. Bennett

Fundamentally, the common law tradition is a collection of stories. Stories also become the law professor's stock in trade. We tell students stories or have them read stories in the form of cases or hypothetical situations and help them discern the morals to the stories-i.e., what the stories mean in the context of business or in their business lives? In a sense, that is what the Socratic Method is all about: analyzing stories in the form of cases and discerning their greater meaning. In this paper I will relate three true stories within the context of just-in-time production management and …

Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

An Inconvenient Truth: Legal Implications Of Errors In Breath Alcohol Analysis Arising From Statistical Uncertainty, Ian R. Coyle, David Field, Graham A. Starmer

David Field

The general practice in courts throughout Australia is to accept without question the accuracy of what are popularly referred to as 'breathalysers', or breath analysis instruments as they are legally described. The possibility that they might be providing false readings is only considered if that possibility is raised as a matter of evidence by a motorist who has been breathalysed, and who now faces the prospect of legal sanctions as a result of what it is alleged was revealed by the breath analysis instrument. In this article, it is argued that the methodological and statistical bases for such an assumption …

Derecho Y Literatura, Jose R. Nina

Jose R. Nina Cuentas

Anotaciones sobre el significado de la creatividad literaria en el estudio y la aplicación del Derecho

If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman

Peter Z. Grossman

Since 2005, in the face of rising oil and gasoline prices, many Americans have looked to plant-based fuels, particularly ethanol, as the "answer" to our energy dilemmas. Section III examines the issues connected specifically to ethanol, how market forces as well as government subsidies have worked to make corn-based ethanol economically viable at times, why that viability has been lost in recent months even with subsidies, and further, why ethanol from corn on the scale the legislation demands is impractical. Clearly it would be technically possible to produce the mandated 15 billion gallons of ethanol, and distilling capacity will nearly …

Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Should The Doctrine Of Undisclosed Principal Be Retained?, Ibrahim Sule

Ibrahim Sule

The article investigates whether or not the doctrine of undisclosed agency - one of the most criticized doctrines of agency law should be retained by English Law.

Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss), Harlan Onsrud, James Campbell, Bastiaan Van Loenen

Harlan J Onsrud

Access to earth observation data has become critically important for the wellbeing of society. A major impediment to achieving widespread sharing of earth observation data is lack of an operational web-wide system that is transparent and consistent in allowing users to legally access and use the earth observations of others without seeking permission from data contributors or investigating terms of usage on a case-by-case basis. This article explores approaches to supplying a license-based system to overcome this impediment in the context of the Global Earth Observation System of Systems. It discusses the benefits and drawbacks of the explored approaches and …

Keeping Incest In The Family, David Field

David Field

In its recent decision in R v Rose (2009) 227 FLR 433 [2009] QCA 83227 FLR 433 [2009] QCA 83, the Queensland Court of Appeal held that it did not constitute the crime of "incest" for a man to have consensual intercourse with the 17-year-old daughter of his former de facto because, in terms of s 222(8) of the Queensland Criminal Code , the two were "entitled to be married". The author argues that this decision has unfortunate implications, for future "victims" of such crimes, for the normally understood distinction between a "right" and a "freedom", and for the consistency …

Legal Interoperability In Support Of Spatially Enabling Society, Harlan J. Onsrud

Harlan J Onsrud

Spatial data is critically important for the wellbeing of society. Yet appropriate spatial data is often very difficult to find and, when found, the legal ability to use it is often in question. Lack of an operational web-wide capability allowing users to legally access and use the geospatial data of others without seeking permission on a case-by-case basis remains as an entrenched major impediment to general spatial enablement for all sectors in society. This chapter presents a legal inter-operability vision for offering, acquiring, and using spatial data and proposes an operational environment for gaining much greater legal clarity and efficiency …

Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber

David J. Gerber

In several works over the last decade, Wolfgang Fikentscher has reminded us that there are ways of viewing competition law that need not begin and end with economics—its concepts, its language, and its science-based normative stance. Discussions of competition law in the United States and increasingly in Europe generally dismiss or marginalize views of competition law that are not circumscribed by economic science. In the works reviewed here, Fikentscher takes issue with the so-called “more economic approach” to law, particularly, competition law. As he has said on other occasions, he favors “a less economic approach” to competition law. Many in …

Convergence In The Treatment Of Dominant Firm Conduct: The United States, The European Union, And The Institutional Embeddedness Of Economics, David J. Gerber

David J. Gerber

Discussions of the competition law treatment of dominant firms often center on the issue of whether EU and U.S. law in this area are likely to converge and thereby provide a more uniform legal terrain for the activities of such firms. Curiously, however, discussions of convergence seldom pay careful attention to key issues such as “What are the differences in the role of economics in the respective legal systems and which factors are likely to affect significantly the likelihood of convergence?”. They often hover in a somewhat mystical realm in which convergence is just expected to “happen”.

In this essay, …

Addressing Domestic Violence Through The Law: A Guide To - The Protection Of Women From Domestic Violence Act, 2005, Saumya Uma

Dr. Saumya Uma

Kandhamal: The Law Must Change Its Course, Saumya Uma

Dr. Saumya Uma

Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.

Dred Scott Vs. The Dred Scott Case: History And Memory Of A Signal Moment In American Slavery, 1857-2007, Adam Arenson

Adam Arenson

The Dred Scott Case centered on the Scott family—Dred and Harriet, and their daughters Eliza and Lizzie—but in the recorded history, after March 6, 1857 the Scotts suddenly fade, as if their lives ended that day in the courthouse. They did not. Elsewhere I have examined how the Dred Scott decision catalyzed the transformation of St. Louis politics, turning Missouri toward gradual emancipation just as the South’s proslavery advocates were declaring victory. And I have described how the Scotts’ lives were recovered to memory through the actions spearheaded by their descendents. Here I chronicle how the legacies of the Dred …

Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte

Prof. Ryan T. Holte

Ryan T. Holte in “Restricting Fair Use to Save the News: A Proposed Change in Copyright Law to Bring More Profit to News Reporting” examines the present condition of the media and the economic and public policies behind protecting news. He further discusses current means of protecting information through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from news reporting.