Law Commons^™

Economic Analysis Of Legal Standard For Deceit In English Tort Law, Qi Zhou

qi zhou

Scholars of law and economics have produced a huge amount of literature on how to design an optimal legal standard in tort law to regulate international torts. However, there are few works to use these theories in the analysis of tort law in an individual jurisdiction. In this paper, I apply a law-and-economics analytical framework to the study of the legal standards for deceit in English tort law with an aim to show that the law-and-economics approach could generate new insights valuable to broad our understanding of the law of deceit.

The Unaffordable Cost Of Not Having Positive Rights, A United States Perspective, Malla Pollack

Malla Pollack

This is an updated version of the book chapter published in Brazil earlier in 2008. See that entry for additional information.

Rolling Equilibriums At The Pre-Commons Frontier: Identifying Patently Efficient Royalties For Complex Products, F. Russell Denton

F. Russell Denton

Patent pricing problems have roiled industry in recent years. The biggest challenge may be splintered in-licensing of dozens or even thousands of patents for a single behemoth product, where ubiquitous overlaps in invention utility frustrate rational splitting of royalties. That issue is especially daunting for software, computer chips and biotechnology. Judicial remedies are no better: courts have been unable to streamline or standardize the analysis for infringement dam-ages under the prevailing Georgia-Pacific rule. The historic weakness of financial science for intangible assets, along with cherry picking by parties, hobbles G-P’s 15-factor analysis. The universal fog in allocating royalties creates license …

Sovereign Wealth Funds And Social Arrears: Should Debts To Citizens Be Treated Differently Than Debts To Other Creditors?, Patrick J. Keenan

Patrick J. Keenan

Sovereign wealth funds are investment vehicles by which governments invest some of a nation’s wealth in international financial markets. Some the world’s poorest countries, often with fragile democracies or despotic governments, have been able to amass staggering amounts of wealth in these nominally private funds. For most scholars, the principal worry about these funds is that they make possible investments in pursuit of political, not economic, goals, and thereby strategically harm other countries or the international financial markets. Thus much of the debate about regulating sovereign wealth funds has centered on the international impact of these funds. There has been …

Wrongly Accused Redux: How Race Contributes To Convicting The Innocent: The Informants Example, Andrew E. Taslitz

Andrew E. Taslitz

This article analyzes five forces that may raise the risk of convicting the innocent based upon the suspect's race: the selection, ratchet, procedural justice, bystanders, and aggressive-suspicion effects. In other words, subconscious forces press police to focus more attention on racial minorites, the ratchet makes this focus every-increasing, the resulting sense by the community of unfair treatment raises its involvment in crime while lowering its willingness to aid the police in resisting crime, innocent persons suffer when their skin color becomes associated with criminality, and the police use more aggressive techniques on racial minorities in a way that raises the …

Disability, The Person, The Market, Andrea Bortoluzzi

Andrea Bortoluzzi

The introduction of the institution of the ‘Amministrazione di Sostegno’ into Italian law abandons the model of subjectivity handed down by tradition; indeed, it deconstructs it. In its aim of protecting, with the least possible limitations, the personal capacity of persons wholly or partially deprived of autonomy in performing the functions of everyday life, this new institution delineates a person no longer in abstract terms but as a person of flesh and blood, one whose relationship is not with the State but with the society of which he is a member. His society is considered in terms of its potential …

Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric A. Engle

Eric A. Engle

Sovereign state power, absolute and unlimited, was to guarantee the lives and property of citizens. Instead, States became vectors for mass violence. The realist/atomist model of sovereignty failed to preserve peace and instead led to global wars of mass destruction. The same technological progress which makes human extinction possible also makes global governance possible through nearly instant global communication and travel. The possibility for global governance confronts the reality of an archaic and inapt juridical concept. Sovereignty must be reconceptualized and understood as a relative and partial power shared at multiple levels in an intensively networked world rather than in …

The Fake Revolution: Understanding Legal Realism, Eric A. Engle

Eric A. Engle

Abstract: Legal interpretation in the United States changed dramatically between 1930 and 1950. The Great Depression and World War II unleashed radical critique (particularly prior to the war). Legal realism proposed radical new methods of legal interpretation to try to meet the challenges of global depression and global war. The new legal methods proposed by realism at first seemed to indicate a new legal order. In fact, they only preserved the old order, protecting it from fundamental change. Thus, the same problem, cyclical economic downturn triggering war for resources and market share recurred in Vietnam. Just as the depression and …

Chapter 08: Kinship Patterns, And Other Anthropological Aspects Of Family And Gender Law, Wolfgang Fikentscher

Wolfgang Fikentscher

Inclusive online updates jan10. In kinship anthropology, up-to-date economic and demographic reasons for the existing six kin terminology systems are given, and implemented by new insights in cross cousin marriage and fear of incest. The rest of the Chaper is devoted to polygamy and gender issues.

The New (Record) Deal, Zac Locke

Zac Locke

Recording contracts for new artists need to change. It is almost unnecessary by now to note that traditional album sales have dropped steadily since 2002. This Note is merely meant to start a debate on how to fix a system that is broken, and that those inside the industry have been unable to fix. The new record deal should be a non-exclusive, comprehensive revenue sharing model, based on a number of deliverable songs. This system could be more simple, more fair, and actually force labels and artists to work together to develop the artists’ careers while providing both with new …

Asking For It: A Grokster-Based Approach To Internet Sites That Distribute Offensive Content, Zac Locke

Zac Locke

Anyone connected to the Internet can post their words, images and any other expression to millions of sites online. However, these sites are also available to tortfeasors and criminals such as defamers, sexual predators, and child pornographers. These individuals rely on interactive computer services (“ICSs”), such as Internet service providers, search engines, social networking sites, video sharing sites, and chat rooms, to disseminate their illegal and offensive messages. The fact that torts and crimes such as defamation, predation and child pornography happen in cyberspace instead of on a street corner does not shield speakers from liability for their actions. However, …

Place Matters: Domestic Violence And Rural Difference, Lisa R. Pruitt

Lisa R Pruitt

This Article considers the phenomenon of domestic violence in relation to the rural-urban axis. Written for a symposium commemorating the 25th anniversary of the Feminism and Legal Theory Project at the University of Wisconsin, it assesses the difference that rurality makes to the occurrence, investigation, prosecution, and judicial decision-making regarding this crime. Among the factors analyzed are spatial or geographic isolation, along with the social isolation and lack of anonymity it fosters; severe economic disadvantage; the entrenched nature of rural patriarchy; and legal actors who are often ill-informed about domestic violence and constrained by limited resources. These rural differences are …

Winning The Next War, Gabriel C. Lajeunesse, William Wunderle

Gabriel C. Lajeunesse

The United States has conducted irregular warfare and counterinsurgency campaigns since its inception.

In fact, part of America’s war of independence was an insurgency against the British. Since its independence, the U.S. has fought counterinsurgency campaigns against the Native Americans, against the South during the Civil War, in the Philippines, and, of course, in Vietnam.

The experiences of America’s friends and allies are similar. Among others, the British fought counterinsurgencies

in Malaya and Northern Ireland, the French in Indochina, Algeria, and Sub-Saharan Africa, and the Israelis conducted counterinsurgency operations during the two major Palestinian uprisings (1987-1993 and 2000-2005) in the …

Explosive Road From Dublin: The Legal Flaws In The Convention To Ban Cluster Munitions And Recommendations For Their Cure., Alexandra R. Harrington

Alexandra R. Harrington

In a popular Irish folk song, the hero leaves his boyhood home in the Irish country

side and takes the “rocky road to Dublin” in order to sail to a new life in a new country. However hopeful the hero is throughout his journey, when he arrives at his destination he finds that it is not as hospitable as he had expected. Despite its light-hearted beat, this song is oddly prophetic for an analysis of the Convention to Ban Cluster Munitions.

In May, 2008, the Convention to Ban Cluster Munitions (“Cluster Munitions Convention”) was adopted by a group of one-hundred …

A Tiny Heart Beating: Student-Edited Legal Periodicals In Good Ol' Europe, Luigi Russi, Federico Longobardi

ILSU Working Paper Series

This paper has a twofold aim: to analyze the possible opportunities disclosed by the observed growth of student- edited law reviews in Europe and to propose an innovative model of student participation to legal publication.

The first part explores the phenomenon of student-edited law reviews in the U.S., focusing on its recognized educational benefits. Among others, it is observed that participation in student-edited law reviews might promote greater scholarly maturity among J.D. students, who might in turn be better equipped for a career in the academia after finishing law school, in comparison to their same-age European peers. Hence, there follows …

Free Speech, World War I, And Republican Democracy: The Internal And External Holmes, Stephen M. Feldman

Stephen M. Feldman

Justice Oliver Wendell Holmes, Jr., wrote the seminal free-expression opinions in a series of cases arising during the World War I era. Holmes wrote three majority opinions upholding convictions for expression proscribed under the Espionage Act and its amendments. Then he wrote his famous Abrams v. United States dissent, arguing that the first amendment protected the defendants’ writings. Despite the consensus about the importance of these cases, scholars have disagreed about Holmes’s votes and opinions. Did his Abrams dissent manifest a changed attitude toward the first amendment, or had Holmes always been a principled defender of free expression‘ Why did …

Legislative Officer Succession: Part I, Seth Barrett Tillman

Seth Barrett Tillman

A trilogy of highly influential and frequently cited articles published by Professors Akhil Reed Amar, Vikram David Amar, John F. Manning, and Steven G. Calabresi in the Stanford Law Review in 1995 generally took the position, with varying degrees of confidence, that as a matter of original public meaning, the Constitution precludes legislative officers from succeeding to the presidency under the Succession Clause. The Succession Clause provides:

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the …

Legislative Officer Succession - Chart A, Seth Barrett Tillman

Seth Barrett Tillman

[May 4, 2011]

...

Legislative Officer Succession - Chart C, Seth Barrett Tillman

Seth Barrett Tillman

[May 3, 2011]

...

Legislative Officer Succession - Chart B, Seth Barrett Tillman

Seth Barrett Tillman

[May 2, 2011]

...

Legislative Officer Succession - Chart D, Seth Barrett Tillman

Seth Barrett Tillman

[May 3, 2011]

...

Legislative Officer Succession - Chart F, Seth Barrett Tillman

Seth Barrett Tillman

[May 3, 2011]

...

Legislative Officer Succession - Chart B1, Seth Barrett Tillman

Seth Barrett Tillman

[May 4, 2011]

...

Legislative Officer Succession - Chart H, Seth Barrett Tillman

Seth Barrett Tillman

[May 4, 2011]

...

Legislative Officer Succession - Chart E, Seth Barrett Tillman

Seth Barrett Tillman

[May 3, 2011]

...

Legislative Officer Succession - Chart E1, Seth Barrett Tillman

Seth Barrett Tillman

[May 3, 2011]

...

Legislative Officer Succession - Chart G, Seth Barrett Tillman

Seth Barrett Tillman

[May 4, 2011]

...

Legislative Officer Succession - Chart G1, Seth Barrett Tillman

Seth Barrett Tillman

[May 4, 2011]

...

Legislative Officer Succession - Chart I, Seth Barrett Tillman

Seth Barrett Tillman

[May 4, 2011]

...

Legislative Officer Succession - Chart H1, Seth Barrett Tillman

Seth Barrett Tillman

[May 4, 2011]

...