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Articles 91 - 102 of 102

Full-Text Articles in Law

A Brief History Of Bioperl, Colin Crossman, Arti K. Rai Jan 2005

A Brief History Of Bioperl, Colin Crossman, Arti K. Rai

Faculty Scholarship

Large-scale open-source projects face a litany of pitfalls and difficulties. Problems of contribution quality, credit for contributions, project coordination, funding, and mission-creep are ever-present. Of these, long-term funding and project coordination can interact to form a particularly difficult problem for open-source projects in an academic environment.

BioPerl was chosen as an example of a successful academic open-source project. Several of the roadblocks and hurdles encountered and overcome in the development of BioPerl are examined through the telling of the history of the project. Along the way, key points of open-source law are explained, such as license choice and copyright.

The …


The Limits Of Fourth-Generation Warfare, Charles J. Dunlap Jr. Jan 2005

The Limits Of Fourth-Generation Warfare, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Innocence, Harmless Error, And Federal Wrongful Conviction Law, Brandon L. Garrett Jan 2005

Innocence, Harmless Error, And Federal Wrongful Conviction Law, Brandon L. Garrett

Faculty Scholarship

This Article examines the body of law emerging in cases brought by former criminal defendants once exonerated, often through DNA testing, which may fundamentally reshape our criminal justice system. Federal wrongful conviction actions share a novel construction - they rely on criminal procedure rights incorporated as an element in a civil rights lawsuit. During a criminal trial, remedies for violations of procedural rights are often seen as truth defeating, because they exclude evidence possibly probative of guilt. In a civil wrongful conviction action, that remedial paradigm is reversed. The exonerated defendant instead seeks to remedy government misconduct that was truth …


Tripoint Issues In Maritime Boundary Delimitation, Coalter G. Lathrop Jan 2005

Tripoint Issues In Maritime Boundary Delimitation, Coalter G. Lathrop

Faculty Scholarship

Tripoint issues arise in maritime boundary delimitation where the maritime areas of three coastal states converge and overlap. Where this trilateral geographic relationship exists, so to does the potential for a tripoint at which three bilateral maritime boundaries could intersect. How should the endpoint(s) of the bilateral boundary be defined in light of possible third party interests? The goal of this report is to provide boundary practitioners with some answers to that question based on the maritime boundary delimitation practice of states, the International Court of Justice, and maritime boundary tribunals.


Captured By Evil: The Idea Of Corruption In Law, Laura S. Underkuffler Jan 2005

Captured By Evil: The Idea Of Corruption In Law, Laura S. Underkuffler

Faculty Scholarship

Corruption is one of the most powerful words in the English language. When it comes to the treatment of corruption by law, however, corruption is a troubled concept. With increasing recognition of the costs of corruption for economic development, democratic governance, international aid programs, and other world goals, attempts to articulate what this destructive force is have led to an avalanche of theoretical writing. In the last fifteen years, corruption has been variously defined as the violation of law, a public servant's breach of public duty, an agent's betrayal of a principal's interests, the pursuit of secrecy, the denial of …


Precautionary Regulation In Europe And The United States: A Quantitative Comparison, Jonathan B. Wiener, James K. Hammitt, Brendon Swedlow, Denise Kall, Zheng Zhou Jan 2005

Precautionary Regulation In Europe And The United States: A Quantitative Comparison, Jonathan B. Wiener, James K. Hammitt, Brendon Swedlow, Denise Kall, Zheng Zhou

Faculty Scholarship

Much attention has been addressed to the question of whether Europe or the United States adopts a more precautionary stance to the regulation of potential environmental, health, and safety risks. Some commentators suggest that Europe is more risk-averse and precautionary, whereas the US is seen as more risk-taking and optimistic about the prospects for new technology. Others suggest that the US is more precautionary because its regulatory process is more legalistic and adversarial, while Europe is more lax and corporatist in its regulations. The flip-flop hypothesis claims that the US was more precautionary than Europe in the 1970s and early …


Book Review, Jonathan B. Wiener Jan 2005

Book Review, Jonathan B. Wiener

Faculty Scholarship

Reviewing, Richard A. Posner, Catastrophe: Risk and Response (Oxford University Press, 2004) and Jared Diamond, Collapse: How Societies Choose to Fail or Succeed (Viking, 2005)


In Defense Of Filibustering Judicial Nominations, Erwin Chemerinsky, Catherine Fisk Jan 2005

In Defense Of Filibustering Judicial Nominations, Erwin Chemerinsky, Catherine Fisk

Faculty Scholarship

No abstract provided.


Mutual Fund Expense Disclosures: A Behavioral Perspective, James D. Cox, John W. Payne Jan 2005

Mutual Fund Expense Disclosures: A Behavioral Perspective, James D. Cox, John W. Payne

Faculty Scholarship

Mutual funds have enjoyed phenomenal growth with their numbers exceeding the number of public companies and their assets aggregating in excess of $9 trillion. Increasingly they are the investment instrument of choice by the proverbial widows, widowers and orphans, and a few school teachers are included as well. But how are best can that choice be one that is not only informed but informed in a way more likely to elicit a wise decision? This paper examines from a behavioral perspective how regulation can best disclose information related to two key factors for investors to compare competing mutual funds: fund …


Why States Create International Tribunals: A Response To Professors Posner And Yoo, Laurence R. Helfer, Anne-Marie Slaughter Jan 2005

Why States Create International Tribunals: A Response To Professors Posner And Yoo, Laurence R. Helfer, Anne-Marie Slaughter

Faculty Scholarship

A recent article in the California Law Review by Professors Eric Posner and John Yoo, Judicial Independence in International Tribunals, argues that the only effective international tribunals are dependent tribunals, by which the authors mean ad hoc tribunals staffed by judges closely controlled by governments through the power of reappointment or threats of retaliation. Independent tribunals, by contrast, meaning tribunals staffed by judges appointed on similar terms as those in domestic courts, pose a danger to international cooperation. According to Posner and Yoo, independent tribunals are suspect because they are more likely to allow moral ideals, ideological imperatives or the …


The Globalization Of Private Knowledge Goods And The Privatization Of Global Public Goods, Jerome H. Reichman, Keith H. Maskus Jan 2005

The Globalization Of Private Knowledge Goods And The Privatization Of Global Public Goods, Jerome H. Reichman, Keith H. Maskus

Faculty Scholarship

Global trade and investment have become increasingly liberalized in recent decades. This liberalization has lately been accompanied by substantive new requirements for strong minimum standards of intellectual property (IP) protection, which moves the world economy toward harmonized private rights in knowledge goods. While this trend may have beneficial impacts in terms of innovation and technology diffusion, such impacts would not be evenly distributed across countries. Deep questions also arise about whether such globalization of rights to information will raise roadblocks to the national and international provision of such public goods as environmental protection, public health, education, and scientific advance. This …


Reform Of Imf Conditionality - A Proposal For Self-Imposed Conditionality, Ofer Eldar Jan 2005

Reform Of Imf Conditionality - A Proposal For Self-Imposed Conditionality, Ofer Eldar

Faculty Scholarship

The IMF has faced criticism of its expansive use of conditionality. The paper proposes a new procedure for IMF lending designed to meet these criticisms by arguing for the legalization and formalization of the procedure for IMF lending in the light of legal concepts derived mainly from national administrative laws. The gist of the procedure is that, rather than have the IMF determine loan conditions following informal negotiations with member countries, countries seeking Fund assistance will design the conditions themselves. The IMF will have specified powers under which to review these conditions. Apart from other procedural requirements, conditions will have …