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Selected Works

2002

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Articles 31 - 60 of 442

Full-Text Articles in Law

Patenting Our Lives And Our Genes: Where Does Congress Stand? Public Commet To Ftc Hearing On Competition And Intellectual Property Law And Policy In The Knowledge-Based Economy, Thomas Horton Oct 2002

Patenting Our Lives And Our Genes: Where Does Congress Stand? Public Commet To Ftc Hearing On Competition And Intellectual Property Law And Policy In The Knowledge-Based Economy, Thomas Horton

Thomas J. Horton

No abstract provided.

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Copyright And Time: A Proposal, Joseph Liu Oct 2002

Copyright And Time: A Proposal, Joseph Liu

Joseph P. Liu

This Article argues that courts should adjust the scope of copyright protection by considering time as a factor in fair use analysis. More specifically, the longer it has been since a copyrighted work was published, the greater the scope of fair use should be. Up to now, most of the debate over the role of time in copyright law has focused on the controversial issue of copyright duration and term extension. By focusing so narrowly on the end of the copyright term, however, this debate has neglected the more significant issue of how time should affect the scope of copyright …

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The Effectiveness Of Low Price Matching In Mitigating The Competitive Pressure In Low Friction Electronic Markets, Bart Wilson, Cary Deck Oct 2002

The Effectiveness Of Low Price Matching In Mitigating The Competitive Pressure In Low Friction Electronic Markets, Bart Wilson, Cary Deck

Bart J. Wilson

No abstract provided.

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Who Gets On Top In Democracy? Elections As Filters , Robert D. Cooter Oct 2002

Who Gets On Top In Democracy? Elections As Filters , Robert D. Cooter

Robert Cooter

No abstract provided.

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7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon Oct 2002

7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon

Thomas D. Lyon

State v. Sloan (1995 [Mo. Ct. App.]) was a criminal case of child sexual abuse. AD., the 6-year-old alleged victim, was dropped off on Friday by her mother at her grandmother's house, where the child's aunt Evelyn and the defendant also resided. Two days later, on Sunday, the child's aunt Anita phoned the child's mother and told her that something was wrong. AD. then told her mother that the defendant had sexually assaulted her the day before. The mother called the child abuse hot line. On Thursday, 5 days after the alleged abuse, a social worker and a police detective …

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If I Were A Lawyer: Tense In Legal Writing, Gerald Lebovits Oct 2002

If I Were A Lawyer: Tense In Legal Writing, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver Oct 2002

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Carole Silver

This article contriubtes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000. The various roles …

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Emergency Assistance Of Tarrant County Annual Meeting Speaker, Charlotte Hughart Oct 2002

Emergency Assistance Of Tarrant County Annual Meeting Speaker, Charlotte Hughart

Charlotte Hughart

No abstract provided.

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Land Tenure Security As A Market Stimulator In China, Joyce Palomar Oct 2002

Land Tenure Security As A Market Stimulator In China, Joyce Palomar

Joyce Palomar

No abstract provided.

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Some Contrarian Concerns About Law, Psychology, And Public Policy, Donald Bersoff Sep 2002

Some Contrarian Concerns About Law, Psychology, And Public Policy, Donald Bersoff

Donald N. Bersoff

No abstract provided.

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Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn Sep 2002

Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn

Michael E Lewyn

This article addresses the constitutionality and wisdom of Oregon's urban growth boundary (UGB) program. The article concludes that the program is constitutional under current precedent, and that (contrary to claims made by UGB critics) there is little evidence that the UGB has caused Oregon's runup in housing prices. On the other hand, UGB supporters may have exaggerated the UGB's positive environmental results.

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Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia Sep 2002

Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia

Max Garcia Sanchez

No abstract provided.

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Forward Discount Bias, Nalebuff's Envelope Puzzle, And The Siegel Paradox In Foreign Exchange, Aaron S. Edlin Sep 2002

Forward Discount Bias, Nalebuff's Envelope Puzzle, And The Siegel Paradox In Foreign Exchange, Aaron S. Edlin

Aaron Edlin

The bias of forward exchange rates as a predictor of future spot rates is typically explained or decomposed as (1) a risk premium and (2) a convexity term which accounts for the fact that, when there is stochastic inflation, nominal gains from forward currency speculation are higher than real ones and correspondingly losses are smaller. We use Nalebuff's envelope puzzle to explain a third source of bias which involves real profits from foreign exchange speculation. Both the "real profit" bias and stochastic inflation bias arise from the convexity of g(s)=1/s and so derive from Jensen's inequality as observed by Siegel …

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Forfeiture Of Terrorist Assets Under The Usa Patriot Act Of 2001, Stefan D. Cassella Sep 2002

Forfeiture Of Terrorist Assets Under The Usa Patriot Act Of 2001, Stefan D. Cassella

Stefan D Cassella

This short article discusses the provision that were included in the USA Patriot to enhance the government's ability to use the asset forfeiture laws to confiscate the assets of terrorist organizations.

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Writers On Writing: Metadiscourse, Gerald Lebovits Sep 2002

Writers On Writing: Metadiscourse, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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U.S. Corporate Taxation Reform From An International Perspective, Hugh Ault Aug 2002

U.S. Corporate Taxation Reform From An International Perspective, Hugh Ault

Hugh J. Ault

No abstract provided.

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The Otc Derivative Lawyer's Bookshelf: A Selected Biography, Christian Johnson Aug 2002

The Otc Derivative Lawyer's Bookshelf: A Selected Biography, Christian Johnson

Christian A. Johnson

The first popular publications about over-the-counter derivatives appear to have been written about the currency rate swap between the World Bank and IBM in 1981.

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Appointment: Committee On Judicial Ethics Of The Massachusetts Supreme Judicial Court, Judith Mcmorrow Aug 2002

Appointment: Committee On Judicial Ethics Of The Massachusetts Supreme Judicial Court, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

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The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay Aug 2002

The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

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Intellectual Property And Domestic Relations: Issues To Consider, Ann Bartow Aug 2002

Intellectual Property And Domestic Relations: Issues To Consider, Ann Bartow

Ann Bartow

Intellectual property (IP) is a term that denotes intangible yet legally protected products of human creativity. The main types of IP include patents, copyrights, and trademarks. This article provides an overview of the special IP issues that can arise in the contexts of divorce, estate planning, or probate.

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Privatizing Commercial Law: Lessons From Icann, Gillian K. Hadfield Aug 2002

Privatizing Commercial Law: Lessons From Icann, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.

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6. Child Witnesses And The Oath., Thomas D. Lyon Aug 2002

6. Child Witnesses And The Oath., Thomas D. Lyon

Thomas D. Lyon

Despite the liberalization of competency requirements for child witnesses in many countries (Spencer & Flin, 1993; Youth Justice and Criminal Evidence Act, 1999, s. 53 [Engl.]), a substantial number of courts in the United States and other countries require that every witness take the oath or make some sort of affirmation that s/he will tell the truth (Federal Rules of Evidence 602,2001;Shrimpton, Oates, & Hayes, 1996).In order to guarantee that an oath or affirmation is understood by child witnesses, courts routinely inquire into children's understanding of the difference between the truth and lies and their obligation to tell the truth …

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Balancing Test And Other Factors Assess Ability Of Public Employees To Exercise Free Speech Rights, William A. Herbert Aug 2002

Balancing Test And Other Factors Assess Ability Of Public Employees To Exercise Free Speech Rights, William A. Herbert

William A. Herbert

No abstract provided.

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Poetic Justice: From Bad To Verse, Gerald Lebovits Aug 2002

Poetic Justice: From Bad To Verse, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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Letter To Fcc Chairman Powell Concerning Auction 35, Vernon L. Smith, Peter Cramton, Robert W. Crandall, Robert W. Hahn, Robert G. Harris, Jerry A. Hausman, Thomas W. Hazlett, Douglas Lichtman, Paul W. Macavoy, Paul R. Milgrom, J. Gregory Sidak, Richard Schmalensee, Hal J. Singer, William E. Taylor Iii, David Teece Aug 2002

Letter To Fcc Chairman Powell Concerning Auction 35, Vernon L. Smith, Peter Cramton, Robert W. Crandall, Robert W. Hahn, Robert G. Harris, Jerry A. Hausman, Thomas W. Hazlett, Douglas Lichtman, Paul W. Macavoy, Paul R. Milgrom, J. Gregory Sidak, Richard Schmalensee, Hal J. Singer, William E. Taylor Iii, David Teece

Vernon L. Smith

Fifteen scholars on auctions and telecommunications regulation urge the FCC to cancel bids made in, or permit winning bidders to opt out of, the reauction of the NextWave licenses in Auction 35.

For auctions to function efficiently, buyers and sellers must follow basic rules, including the rule that a seller deliver in a timely manner what the winning bidder has purchased. This rule has not been applied in Auction 35. The FCC auctioned something that it did not have - immediate access to the spectrum for the winning bidders. Thus, if the FCC forces the winning bidders to pay, they …

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Preview Of The 2002 Isda Master Agreement, Christian Johnson Aug 2002

Preview Of The 2002 Isda Master Agreement, Christian Johnson

Christian A. Johnson

The International Swaps and Derivatives Association is working on a revised version of the 1992 Master Agreement. Parties should carefully consider the proposed changes because these agreements have become the market standard for documenting over-the-counter derivatives. The 2002 ISDA Master Agreement is the result of several years of work by various ISDA documentation committees and reflects some of the best thinking in the area. The following column is based upon the July 2002 draft circulated by ISDA. There will only be one or two more drafts to be circulated prior to its anticipated publication in December. Although there will probably …

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Charter School Funding Issues, Stephen D. Sugarman Aug 2002

Charter School Funding Issues, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

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Foreword To The Survey [From Blueprints To Bricks: A Survey Of Current Baseball Stadium Financing Projects], David Caudill Jul 2002

Foreword To The Survey [From Blueprints To Bricks: A Survey Of Current Baseball Stadium Financing Projects], David Caudill

David S Caudill

No abstract provided.

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Scientific Narratives In Law: An Introduction, David Caudill Jul 2002

Scientific Narratives In Law: An Introduction, David Caudill

David S Caudill

No abstract provided.

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Ethnography And The Idealized Accounts Of Science In Law, David Caudill Jul 2002

Ethnography And The Idealized Accounts Of Science In Law, David Caudill

David S Caudill

An idealized description of scientific activity persists in law and legal literature. Social aspects of science are regularly acknowledged and then dismissed as temporary, irrelevant, or eliminable. A distinction should be made between eliminable and inevitable social aspects of science, and engagement with the latter would lead to a more accurate description of the scientific enterprise. After explaining how ethnomethodology is used to explore the inevitable social, institutional, and rhetorical aspects of science, I identify numerous social aspects and suggest how understanding their role in the production of scientific knowledge might help attorneys and judges in their evaluations of scientific …

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