Law Commons^™

Poisoning The Well: Law & Economics And Racial Inequality, Robert Suggs

Robert E. Suggs

The standard Law & Economics analysis of racial discrimination has stunted our thinking about race. Its early conclusion, that laws prohibiting racial discrimination were unnecessary and wasteful, discredited economic analysis of racial phenomena within the civil rights community. As a consequence we know little about the impact of racial discrimination on commercial transactions between business firms. Laws do not prohibit racial discrimination in transactions between business firms, and the disparity in business revenues between racial minorities and the white mainstream dwarf disparities in income by orders of magnitude. This disparity in business revenues is a major factor in the persistence …

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

Feminism, Law, And Bioethics, Karen H. Rothenberg

Karen H. Rothenberg

Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of …

Editorial, Why 'To Kill A Mockingbird' Matters 50 Years Later, Randy Lee

Randy Lee

No abstract provided.

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates

Mark Perry

This Report analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as datasets, articles and theses. It is written in the context of an increasing recognition, in Australia and internationally, that access to knowledge is a key driver of social, cultural and economic development and that publicly funded research should be openly accessible. With the objective of enabling access to knowledge, this Report proposes the development of clear protocols for copyright management (designed as practical and effective tools) for implementation in the Australian academic and research sector The Report …

Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry

Mark Perry

The road of privatisation of government assets is littered with the debris of mishaps and oversights. One clear illustration is the history and effect of the sale of the Government Printing Office (GPO) in 1990. Within the sale process there was a failure to ensure adequate consideration of the policy implications from an important perspective, namely the effect of privatising the means of promulgation of the normative materials of the State. Furthermore, there was no enquiry into the dubious assumptions made as to Crown Copyright in legislation. Intellectual property rights in primary legal materials create a dilemma for policy makers. …

Open Access Week (Retention Of Author Rights), Mark Perry

Mark Perry

No abstract provided.

September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins

David Randall Jenkins, Ph.D.

Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr.

Donna M. Hughes

Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.

Donna M. Hughes

Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr.

Donna M. Hughes

The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr.

Donna M. Hughes

Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr.

Donna M. Hughes

Testimony In Support Of "An Act Relating To Criminal Offenses--Prostitution" At Governors Press Conference, Rhode Island, Donna M. Hughes Dr.

Donna M. Hughes

Testimony On Human Trafficking Bill, Rhode Island Senate Judiciary Committee, Donna M. Hughes Dr.

Donna M. Hughes

What Is Really Fair: Internet Sales And The Georgia Long-Arm Statute, Ryan T. Holte

Prof. Ryan T. Holte

This article analyzes the current issue of online merchants being forced to defend themselves in foreign jurisdictions during litigation concerning online sales. Part I describes the history of personal jurisdiction from its nineteenth century concerns with territoriality to the twentieth century minimum contacts standard to other, more recent developments. Part II summarizes personal jurisdiction and minimum contacts as applied to the Internet generally and discusses whether Internet sales contain sufficient minimum contacts to satisfy the constitutional prerequisites for the exercise of personal jurisdiction over the seller. Part III analyzes the Georgia long-arm statute as it relates to jurisdiction over persons …

Missa Pro Defunctis. Mort Et Résurrection De L'Auteur En Droit Français, Matthieu Forlodou

Matthieu Forlodou

Missa Pro Defunctis. Death and Resurrection of the Author in French Law This short essay deals, from a legal point of view, with the question of the author's death, as raised by Michel Foucault and other french theorists. After a careful examination of Foucault's suggestion that the author is the very form of the "modern subject", we try to investigate further in the field of the law on the implication of the post-modern claim to the imminent death of the author. Firstly, we find out that the word auteur in french law shows a more wide meaning than its usual …

In Defence Of The Doctrine Of Forum Non Conveniens, Dan Jerker B. Svantesson

Dan Svantesson

This article examines the doctrine of forum non conveniens as applied in Hong Kong, Australia, the US and Sweden, and considers the criticism that has been raised against the doctrine. The author argues that some of this criticism is valid, some of it is valid only in relation to some countries’ application of the doctrine, and some of the criticism is unfounded. The author concludes that the test applied in Hong Kong and most other common law jurisdictions - the clearly or distinctly more appropriate forum test - is the better option. The author goes on to make a number …

Creative Commons Licensing And Non-Creative Geographic Data, Harlan Onsrud

Harlan J Onsrud

Why does the scientific community need a simple method for letting each of us know that we are allowed legally to build on the work and data products of each other without asking permission? Does merely following the traditional practices of science and giving credit now make me a lawbreaker? What's the problem, how did we get here and what's the solution? Why does the solution for creative works not apply to geographic and other utilitarian data and databases? This presentation addresses these questions and approaches for arriving at solutions.

Book Review Of "Intellectual Proptery Rights In Eu Law: Free Movement And Competition Law, Mark Perry

Mark Perry

No abstract provided.

The Law On Shareholders' Meetings In Malaysia, Mohammad Salim, Ong Shyun

Mohammad Rizal SALIM

Shareholders’ meetings provide links of communication between shareholders and management and enables members to exercise their votes. The law that governs these meetings is, therefore, an important aspect of corporate governance. This paper identifies critical weaknesses in the law on shareholders’ meetings in Malaysia and makes some suggestions to overcome these weaknesses.

Liability For Spatial Data Quality, Harlan Onsrud

Harlan J Onsrud

Liability in data, products, and services related to geographic information systems, spatial data infrastructure, location based services and web mapping services, is complicated by the complexities and uncertainties in liability for information system products and services generally, as well as by legal theory uncertainties surrounding liability for maps. Each application of geospatial technologies to a specific use may require integration of different types of data from multiple sources, assessment of attributes, adherence to accuracy and fitness-for-use requirements, and selection from among different analytical processing methods. All of these actions may be fraught with possible misjudgments and errors. A variety of …

Competition Law And The Institutional Embeddedness Of Economics, David J. Gerber

David J. Gerber

Transnational debates about the role of economics in competition law have paid relatively little systematic attention to the embeddedness of economics in institutions. They typically proceed as if embeddedness were not an issue. The assumption often appears to be that economics looks, acts and functions in the same way wherever it is applied. This assumption is frequently the basis for claims supporting increased use of economics in competition law systems around the world.

This article examines that assumption and argues that the institutional embeddedness of economics needs to be taken into account when we wish to evaluate and analyze the …