Law Commons^™

The Mobility Paradox, Todd E. Pettys

Todd E. Pettys

Nearly half a century ago, in an article spanning a mere nine pages, Charles Tiebout revolutionized the way many think about American federalism. Using the analytic tools Tiebout gave them, numerous scholars now contend that, in our mobile society, citizens’ interests would best be served by dramatically shrinking the federal government and permitting state and local governments to regulate a far greater number of important matters. In this article, I argue that citizens’ interests and the dynamics of federalism are far more complicated than the devolutionary proposals of Tiebout’s adherents suggest. I identify three reasons why a mobile—and rational—public might …

The Children Of Art (Assisted Reproductive Technology): Can The Law Protect Them From Harm?, Jennifer Rosato

Jennifer Rosato

No abstract provided.

Relational Economic Loss: An Integrated Economic Justification For The Exclusionary Rule, Ronen Perry

Ronen Perry

This article suggests an integrated economic justification for a specific common law rule, which excludes liability in torts for relational economic loss (a concept that I wish to introduce to the American reader). Following a bird's eye view of the law governing relational economic loss in various western jurisdictions I analyze the relevant economic considerations under three headings: efficient deterrence, loss spreading and administrative costs. In the last part I apply the normative conclusions of this analysis to a range of fact-situations in which the relational loss problem arises. My conclusion is that an exclusionary rule, accompanied by a few …

A First Step Toward Introducing Emotional Intelligence Into The Law School Curriculum: The "Emotional Intelligence And The Clinic Student" Class (Unedited Version), Paul J. Cain

Paul J. Cain

No abstract provided.

A Pattern-Oriented Approach To Fair Use, Michael J. Madison

Michael J. Madison

No abstract provided.

Foreign Investment Disputes Under Icsid: A Review Of Its Decisions, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article contains a review of the most relevant ICSID decisions on jurisdiction up to 2004.

Georgia General Assembly Adopts Manifest Disregard As A Ground For Vacating Arbitration Awards: How Will Courts Treat The New Standard?, Thomas V. Burch

Thomas V. Burch

No abstract provided.

Contracts -- Only With Consent, Ronald Mann

Ronald Mann

This is a reply to Omri Ben Shahar's piece on contracts without consent, appearing in the same issue.

An Empirical Investigation Of Liquidation Choices Of Failed High-Tech Firms, Ronald Mann

Ronald Mann

Examines a dataset of failed high-tech firms (software, telecom, and biotech) to investigate what determines which ones file for bankruptcy. The primary finding is that the easy procedures and wide acceptance of ABCs in California makes bankruptcy a less attractive alternative in California than it is elsewhere.

The Rise Of State Bankruptcy-Directed Legislation, Ronald Mann

Ronald Mann

This is the first in a series of pieces on bankruptcy interpretation, this one arguing that the preemptive effect of bankruptcy law on state commercial law should focus on state legislation that is "directed" at bankruptcy proceedings.

Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal

Ashok Agrwaal

This artixcle is based upon my work on State impunity in the context of the guaranteed right to life, in Punjab and Kashmir. The Indian state has fought insurgencies almost throughout its independent history: from Nagaland to Punjab, Andhra Pradesh to Kashmir, from the early 1950s to date. Among the many different kinds of human rights violations that the Indian security forces have been charged with, is the recurring charge that they force local people to act as 'human shields' \with a view to minimising uniformed casualties. These reports have been denied by the authorities who routinely provide other reasons, …

Extract From Bryan A. Garner's Black's Law Dictionary (9th Ed. 2009) Defining "Order, Resolution, Or Vote Clause", Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Bryan A. Garner's Black's Law Dictionary defining "Order, Resolution, or Vote Clause".

See Bryan A. Garner, Black's Law Dictionary 1280 (9th ed. 2009).

[July 30, 2009]

A Dozen Biodiversity Puzzles, Fred P. Bosselman

Fred P. Bosselman

No abstract provided.

Ecological Science For Lawyers: A Book Review, Fred P. Bosselman

Fred P. Bosselman

No abstract provided.

Les Services D’IntéRêT GéNéRal : Une Identité EuropéEnne Du Rapport De L’ÉTat Au Marché ?, Philippe Reyniers

Philippe Reyniers

In the context of the European Constitution, this article evaluates the European law applicable to services of general interest. It also analyses the normative premises of its regime, in a comparative perspective with the structures of the national welfare state.

The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme Dinwoodie

Graeme B. Dinwoodie

International intellectual property norms are now being developed by a wide range of institutions - some national, some international, and some that do not fit neatly into either category; by bodies designed to address intellectual property; by trade and other bodies; and by actors public, private, and indeterminate. This new wave of international norm creation not only augments a growing body of substantive norms but also raises difficult structural questions about the future development of the international intellectual property system. This essay, a lecture delivered to the Annual Meeting of the American Society of International Law in 2004, is being …

The Other Election Controversy Of Y2k: Core First Amendment Values And High-Tech Political Coalitions, Marc John Randazza

Marc John Randazza

No abstract provided.

Why Maysia Is Saying No: One Country's Opposition To An Agreement Or Transpareny In Government Procurement, Stuart G. Gross

Stuart G Gross

No abstract provided.

First Priority? The Neglect Of Rural Development By Federal Agencies, And How Arkansas Could Respond, Steve Sheppard

Steve Sheppard

Rural areas are given first priority as prospective locations for new federal facilities pursuant to the Rural Development Act (“RDA”), which requires federal agencies to adopt policies that give first priority to rural areas when setting up facilities in new locations. While Congress has demanded this development scheme for the benefit of rural areas, few federal agencies have conformed to it. The term “rural area” is defined under § 343(a) of the Consolidated Farm and Rural Development Act, which specifies a rural area is not a city or town that has a population of more than 50,000, or an urbanized …

The Transformation Of The International Legal System: The Post-Westphalian Legal Order, Eric A. Engle

Eric A. Engle

Traces the rise and decline of the national state as hermetic juridical atom (realist 'billiard ball' theory) and its replacement by a multilevel theory which sublimates state power upward as it dissolves it downward to non-state actors. Argues that classical sovereignty created and encouraged war and that post-Westphalian world is integrated networked and much more stable. Citations from the text: The rise of private rights and duties under national and international law enforced through universal jurisdiction and supranational trading systems both global and regional together mark the end of the Westphalian state system. ... In this system, states were the …

Corporate Social Responsibility (Csr): Market-Based Remedies For International Human Rights Violations?, Eric A. Engle

Eric A. Engle

Corporate social responsibility proposes non-binding self governance mechanisms on corporations as a preventative remedy to human rights. This article sceptically analyzes the CSR movement and proposes ways to make non-binding governance more effective.

Documento D'Offerta Pubblica E Responsabilità Civile Nel Nuovo Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Insight And Analysis Of The Fourteenth Amendment: A Foreword, Phyllis W. Beck, Patricia A. Daly

Patricia A. Daly

No abstract provided.

Celebrities No Antidote To Apathy, Aaron J. Shuler

Aaron J Shuler

No abstract provided.

Agenda Para El Tratamiento De Los Problemas De La Corte Suprema, Horacio M. Lynch, María Clara Pujol

Horacio M. LYNCH

Una propuesta para el tratamiento orgánico de los problemas de la Corte Suprema.

Latvia: History, Steven R. Morrison, J. Michael Lyons

Steven R Morrison

No abstract provided.

Latvia: The Economy, Steven R. Morrison

Steven R Morrison

No abstract provided.

What's Wrong With Harmless Theories Of Punishment, Kenworthey Bilz, John M. Darley

Kenworthey Bilz

This paper argues that both consequentialist and retributivist punishment philosophies rest on similar analyses of the social value of punishable behavior; that is, they both rest on definitions of what counts as a “harm” of crime. The different outcomes the different philosophies produce stem from competing conclusions about which of those harms are empirically valid or morally legitimate. Once we have spelled out what counts as the harms of crime, however, retributivist and consequentialist philosophies add little to the equation. Alternative punishment regimes at their best are up front about offering a distinctive account of the harms of crime. When …

An Explicit Connection Between Faith And Justice In Catholic Legal Education: Why Rock The Boat?, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.

Toward A Trinitarian Theory Of Products Liability, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.