Law Commons^™

The Company-Intelligence Interface: Government Policy, Corporate Expectations, Competing Futures, Mikhail Koulikov

Mikhail Koulikov

No abstract provided.

Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Houve tempo em que a Constituição servia para poisar ou charuto ou tirar um argumento político, como ironicamente afirmaria o grande escritor oitocentista Eça de Queiroz. Hoje a Constituição é a norma das normas. Daí há consequências hermenêuticas. Ao contrário das teorias que importam interpretação tradicional e, por vezes, em grande medida ultrapassada, para o Direito Constitucional, a tendência actual é a inversa: dada a supremacia da Constituição, deve ser a metodologia constitucional a exportar hermenêutica para o todo do Direito. Para isso, começamos neste artigo com grandes princípios de hermenêutica intra-constitucional. Depois se passará à exportação.

Can Our Community “Afford” This Bond Issue For Our School? Proposed Factors For Determining Affordability Of School Building Projects, Jeff Abbott

Jeff Abbott

This paper explores the literature of whether a community can afford a public school bond issue. This paper sets forth recommended criteria to determine community affordability of local bond issues.

The Anthropologist As Progressive Reformer: Franz Boaz And The Scientific Battle Against American Racism, Thomas J. Horton

Thomas J. Horton

This thesis discusses Franz Ur Boas's legacy as an anthropologist and progressive social reformer in battling racism in early twentieth-century America. The hypothesis affirms that Boas, " the father of American anthropology," developed the science of anthropology with the progressive goal of building scientific support for the cultural values of equal opportunity and cultural pluralism.

Lawyers And Great Expectations In Pakistan, Shubhankar Dam

Shubhankar Dam

No abstract provided.

The Fall Of The 1977 Phillies: How A Baseball Team's Collapse Sank A City's Spirit, Mitchell J. Nathanson

Mitchell J Nathanson

Too often, the Philadelphia sports fan has been dismissed as a lout, a boorish dolt immune to reason, his vocabulary whittled down to a singular “boo.” This is particularly true when it comes to Phillies fans, who are more likely to turn on their team than any other in the city. Although the Eagles, Sixers and Flyers may hear it from the rafters when they’re not going well, only the Phils will hear it when they are. The strained relationship between the city and the Phillies, however, has deep historical and sociological roots; roots that directly correlate with the city’s …

Transformation Of Japan’S Civil Society Landscape, Mary Alice Haddad

Mary Alice Haddad

Japan’s civil society is being transformed as more people volunteer for advocacy and professional nonprofit organizations. In the American context, this trend has been accompanied by a decline in participation in traditional organizations. Does the rise in new types of nonprofit groups herald a decline of traditional volunteering in Japan? This article argues that while changes in civil rights, political opportunity structure, and technology have also taken place in Japan, they have contributed to the rise of new groups without causing traditional organizations to decline, because Japanese attitudes about civic responsibility have continued to support traditional volunteering.

The Political Economy Of Aids Treatment: Intellectual Property And The Transformation Of Generic Supply, Kenneth C. Shadlen

Ken Shadlen

This article examines the relationship between intellectual property (IP) and public health, with a focus on the extension of AIDS treatment in the developing world. While most of the literature on IP and health examines the conditions affecting poor countries’ capacities to acquire essential medicines, I show the distinct – and more complicated – political economy of production and supply. IP regulations alter the structure of generic pharmaceutical sectors in the countries capable of supplying essential medicines, and changes in market structure affect actors’ economic and political interests and capacities. These new constellations of interests and capacities have profound implications …

How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael E Lewyn

Michael E Lewyn

Shows how zoning law in Jacksonville contributes to automobile dependence.

Faculty And Male Student Athletes In Higher Education: Racial Differences In The Environmental Predictors Of Academic Achievement, Keith Harrison

Dr. C. Keith Harrison

Studies have examined the impact of environmental variables on academic achievement among student athletes in the revenue-generating sports of men’s basketball and football. However, while evidence concerning the positive impact of male student athlete and faculty interaction is virtually unequivocal, we are not certain whether the benefits accruing from particular types of interaction vary across different racial/ethnic groups. This study explores the relationship between male Black and White student athletes and faculty as well as the impact of specific forms of student athlete– faculty interaction on academic achievement. Data are drawn from the Cooperative Institutional Research Program’s 2000 Freshman Survey …

Big Opportunities In Access To “Small Science” Data, Harlan Onsrud, James Campbell

Harlan J Onsrud

A distributed infrastructure that would enable those who wish to do so to contribute their scientific or technical data to a universal digital commons could allow such data to be more readily preserved and accessible among disciplinary domains. Five critical issues that must be addressed in developing an efficient and effective data commons infrastructure are described. We conclude that creation of a distributed infrastructure meeting the critical criteria and deployable throughout the networked university library community is practically achievable.

Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann

Michael D. Mann

No abstract provided.

Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy L. Meyer

Timothy Meyer

No abstract provided.

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Carlo Drago

No abstract provided.

Some Job Hunters Are What They Post, Michael D. Mann

Michael D. Mann

Plug a prospective employee's name into an Internet search engine, and you might be surprised at what you find. Web pages may tell hiring attorneys that the person they just interviewed wrote for an undergraduate newspaper or belonged to a specific sorority, but the Web may also reveal the recent interviewee's drink of choice and dating status. Law firms can use the Internet for their own recruiting needs, says attorney Michael D. Mann, but they should take what they read on the Web with a grain of salt.

14. Filial Dependency And Recantation Of Child Sexual Abuse Allegations., Lindsay C. Malloy, Thomas D. Lyon, Jodi A. Quas

Thomas D. Lyon

Weshalb Die Uno Ein Parlament Braucht, Beat Habegger

Beat Habegger

No abstract provided.

Term Limits And Party Loyalty, Tom Campbell, Cameron Doolittle

Tom Campbell

No abstract provided.

Planners Gone Wild: The Overregulation Of Parking, Michael E Lewyn, Shane Cralle

Michael E Lewyn

A review of Donald Shoup's book, The High Cost of Free Parking (to be published in William Mitchell Law Review).

Fixing Fair Use, Michael W. Carroll

Michael W. Carroll

The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another's copyrighted expression under certain circumstances. The doctrine's extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another's copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …

Response To The Library Of Congress Request For Comment On Specific Issues In Section 108., Denise Troll Covey

Denise Troll Covey

No abstract provided.

Watts My Line? Energy Generation Siting Strategies For Urban Areas, Caleb W. Christopher

Caleb W Christopher

The growth of urban areas has historically been both constrained and encouraged by energy and related infrastructure. Varying degrees of regulation have been sought to respond to compelling public safety needs: more recently, modern environmental law system was derived from public conflicts over siting of an energy plant. While the greater urban density offers reduced per-capita energy consumption rates, contemporary urban revitalization has brought a greater amount of people into closer contact with their energy sources. The unique geography, and increased securities needs, of urban areas demand both reliability and local proximity in energy source production. Urban siting issues will …

10. False Denials: Overcoming Methodological Biases In Abuse Disclosure Research., Thomas D. Lyon

Thomas D. Lyon

Academic Testimony On Unilateral Conduct Before The U.S. Dept. Of Justice & Federal Trade Commission Hearings, Aaron S. Edlin

Aaron Edlin

No abstract provided.

The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam

Shubhankar Dam

No abstract provided.

Pakistani Supreme Court And Constitutional Space, Shubhankar Dam

Shubhankar Dam

No abstract provided.

A Window Into The Regulated Commons: The Takings Clause, Investment Security, And Sustainability, Josh Eagle

Josh Eagle

The holding of the U.S. Court of Appeals for the Federal Circuit in American Pelagic Fishing Co. v. United States points to the conclusion that the government will almost never be liable, under the Takings Clause, when fisheries regulations reduce the value of commercial fishing permits, vessels, or gear. From the perspective of natural resource economics, this is a healthy result. Economists suggest that solving commons problems requires that natural resources be under the complete control of a sole owner who makes self-interested decisions about resource use, and if the Fifth Amendment required the government owner to compensate fishermen when …

Mental Health Parity Laws, Louis Graham, Kisha Braithwaite

Louis F Graham

Dred Scott And The Political Question Doctrine, Wesley M. Oliver

Wesley M Oliver

No abstract provided.

Application To Participate In The Library Of Congress Section 108 Roundtable., Denise Troll Covey

Denise Troll Covey

No abstract provided.