Law Commons^™

Publications Calling Article I, Section 7, Clause 3 The Orders, Resolutions, And Votes Clause, Seth Barrett Tillman

Seth Barrett Tillman

The following publications call Article I, Section 7, Clause 3 the Orders, Resolutions, and Votes Clause.

[September 28, 2014]

The End Of The Ecsc, Benedetta Carla Angela Ubertazzi

Benedetta Carla Angela Ubertazzi

No abstract provided.

The Canon Of Family Law, Jill Elaine Hasday

Jill Elaine Hasday

What is the canon of family law? By canon, I mean the ways of thinking about family law that are widely shared by legal scholars and especially by legal authorities, like legislators and judges. The existing literature on canons, which has long centered on the literary canon and has recently turned to the constitutional law canon, has most commonly understood a canon to be a set of foundational texts that exemplify, guide, and constitute a discipline. In part, the family law canon tracks this traditional focus on the inclusion and exclusion of texts, even if the family law canon does …

A New Right To Property: Civil War Confiscation In The Reconstruction Supreme Court, Daniel W. Hamilton

Daniel W. Hamilton

During the Civil War, both the Union Congress, in the First and Second Confiscation Acts, and the Confederate Congress, in the Sequestration Act, put in place sweeping confiscation programs designed to seize the private property of enemy citizens on a massive scale. This paper compares property confiscation in the Union and the Confederacy. It examines congressional debates, the social impact of confiscation legislation, and the interpretation of confiscation doctrine by the Supreme Court. I contend that the Civil War experiment with confiscation helped cause an important shift in American property ideology and constitutional law by accelerating the rise of liberal …

Los Actos Jurídicos En Sentido Estricto: Sus Bases Históricas Y Dogmáticas, Leysser L. León

Leysser L. León

Aunque propuesta con posterioridad a la teoría general del negocio jurídico, la categoría del acto jurídico en sentido estricto (Rechtshandlung) no ha sido convenientemente estudiada en la doctrina del derecho civil peruano. Prestando atención a las normas del Código Civil peruano vigente, se exponen las bases históricas y dogmáticas de los actos en sentido estricto, y se aportan elementos para su configuración con arreglo a este marco normativo.

The Function Of The Supreme People’S Court Of Regulating Economy——Re-Evaluation Of The Zhongfu Industry Guarantee Case(最高法院规制经济的功能──再评“中福实业公司担保案”), Meng Hou

Hou Meng

No abstract provided.

How The Supreme Court Regulates Economy: Review On Exterior Coordination Cost（最高人民法院如何规制经济──外部协调成本的考察）, Meng Hou

Hou Meng

No abstract provided.

Stick Houses In Peshawbestown, Matthew L.M. Fletcher

Matthew L.M. Fletcher

No abstract provided.

A New Approach To Old Cases: Reconsidering Statutes Of Limitation, Ehud Guttel, Michael Novick

Ehud Guttel

Statutes of limitation currently occur in two forms. The first and traditional form defines a fixed period within which the plaintiff may file her claim, and bars a claim that is filed after this period. The second form, the discovery rule, softens the traditional statute’s bar when the plaintiff is reasonably unaware, for some time after the harm occurs, of some of the facts essential to her claim.

This Article proposes a new model of statue of limitation that transforms temporal limitation from a sanction rule to a price rule. The traditional regime and the discovery rule divide time into …

Further Evidence That Legalized Abortion Lowered Crime: A Reply To Joyce, John Donohue, Steven D. Levitt

John Donohue

No abstract provided.

Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday

Jill Elaine Hasday

It is an open question whether the prohibition on employment discrimination in the Americans with Disabilities Act (ADA) protects plaintiffs who have not attempted to mitigate the effect of their disability on their ability to work. Suppose, for example, that a job applicant has severely impaired vision because of a corneal disease. He can have corneal transplant surgery that his doctors recommend and expect will allow him to see much more clearly, but he does not want to have the surgery because of the complications sometimes associated with the operation and the possibility that the surgery will not work. He …

A Figura Do Estipulante Na Ação Direta Da Vítima No Seguro Obrigatório De Responsabilidade Civil, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

Overcorrection, Ehud Guttel

Ehud Guttel

Models of rational thinking assume that individuals who need to add information and then subtract it will return to their original starting point. Empirical studies, however, show that individuals exposed to such addition-subtraction processes systematically tend to overcorrect. One study, for example, compared evaluations of two job candidates. The first candidate had two positive recommendation letters. The second candidate had a third, negative letter that was eventually discovered to be irrelevant. Participants perceived the second candidate as better, even though, in the end, both candidates presented the same information. The introduction and later rejection of the negative information led to …

Guns, Crime, And The Impact Of State Right-To-Carry Laws, John Donohue

John Donohue

No abstract provided.

An Invitation To The Rulemakers--Strike Rule 9(B), Christopher M. Fairman

Christopher M Fairman

No abstract provided.

What Does The Public Get? Experimental Use And The Patent Bargain, Katherine J. Strandburg

Katherine J. Strandburg

This article deals with the increasing tension between the tradition of protecting commercially valuable inventions through patenting and the need for a robust public domain of freely available technical information as a springboard for further research. The “experimental use exemption,” permitting some unauthorized research uses of patented inventions, might be used to relieve some of this tension. However, the scope of the research exemption has been shrunk so far by recent Federal Circuit opinions that even basic university research is not excused from infringement liability. This article returns to the first principles of patent law -- the incentives to invent …

Expert Witness Says Disney Had Cause To Fire President, John Donohue

John Donohue

The Walt Disney Company should have fired Michael S. Ovitz because of his "substantial and repeated dishonesty," a legal specialist testified yesterday in support of the shareholders who are suing Disney's directors over Mr. Ovitz's $140 million severance package.

Ovitz Performance In Disney Role Is Faulted At Trial, John Donohue

John Donohue

Former Walt Disney Co. President Michael Ovitz's job performance and spending habits came under attack during testimony in a Delaware court case, as an expert witness said Disney's directors could have fired Mr. Ovitz for cause, rather than giving him the no‐fault termination he received. John J. Donohue, a Yale University law professor and witness for a group of Disney shareholders, testified that his review of California law, of Mr. Ovitz's employment contract and of depositions in the case showed that Disney's board had the right not to grant Mr. Ovitz a no‐ fault termination, which resulted in an estimated …

Disney Had Good Reason To Fire Ovitz, John Donohue

John Donohue

GEORGETOWN, Del., Oct 21 (Reuters) - Walt Disney Co. (DIS.N) should have fired Michael Ovitz rather than paying him $140 million in severance, a legal expert testified on Thursday in support of shareholders suing the Disney board. Shareholders are demanding that the severance and interest - a sum that could total about $200 million - be returned to the company, claiming that the board was asleep at the wheel when they approved the deal and that Ovitz failed miserably in his 14 months as president. In the second day of a trial that is being closely watched in corporate boardrooms, …

The African Charter On Human And Peoples’ Rights And Ouster Clauses Under The Military Regimes In Nigeria: Before And After September 11, Abdulmumini A. Oba

Abdulmumini A Oba

Military governments in Nigeria adopted numerous decrees that ousted the jurisdiction of courts. This article investigates the role of the African Charter in challenging such ouster clauses. Despite being incorporated into Nigerian domestic law in 1983, much uncertainty still surrounds the status of the African Charter on Human and Peoples’ Rights. The paper criticizes the decision in Abacha v Fawehinmi, in which the Nigerian Supreme Court held that the African Charter cannot be superior to the Constitution and upheld the validity of ouster clauses. With reference to case law in the United the paper highlights the threats to human rights …

New Frontiers, Old Problems: The War On Terror And The Notion Of Anticipating The Enemy, Jackson N. Maogoto

Jackson Nyamuya Maogoto

The old truism, that international law is not a suicide pact, is forceful in an age of destructive weaponry. Nevertheless strategically, there is little precedent for a major military offensive against a state that has not proximately used force against the interests of the belligerent state. Legally, while a number of legitimate justifications might permit the use of force, an appropriate international law doctrine, under which the United States could execute the military campaign it recently successfully launched against Iraq, does not currently exist. But that lacuna was seemingly plugged with the “Bush Doctrine” that advocates pre-emptive strikes against rogue …

Painting With Print: Incorporating Concepts Of Typographic And Layout Design Into The Text Of Legal Writing Documents, Ruth Anne Robbins

Ruth Anne Robbins

This article looks at the science behind what makes words readable and legible. It suggests that lawyers should be strategizing the look of the document itself as a persuasive technique. The article also contains suggetsed optimal layouts and looks at court rules around the country to determine whether lawyers can actually accomplish the visual persuasion in a particular jurisdiction (New Jersey lawyers are out of luck beyond the trial level courts). The Seventh Circuit Court of Appeals has the article linked from its homepage. www.ca7.uscourts.gov

The Race To Patent The Sars Virus: The Trips Agreement And Access To Essential Medicines, Matthew Rimmer

Matthew Rimmer

This article considers the race to sequence the Severe Acute Respiratory Syndrome virus ('the SARS virus') in light of the debate over patent law and access to essential medicines. Part II evaluates the claims of public research institutions in Canada, the United States, and Hong Kong, and commercial companies, to patent rights in respect of the SARS virus. It highlights the dilemma of 'defensive patenting' - the tension between securing private patent rights and facilitating public disclosure of information and research. Part III considers the race to patent the SARS virus in light of wider policy debates over gene patents. …

The Cmi Looks At “Marine Insurance Law”: A Unique Conflation Of Contract And “Law”, Graydon S. Staring

Graydon S. Staring

The Comité Maritime International (“CMI”) has examined “marine insurance law” to discover the possibilities of “harmonizing” selected features of it internationally. The study has been done by an International Working Group (“IWG”) of nine members of whom I am one. The proverbial committee’s risk of making a horse look like a camel has been aggravated by lack of propinquity and having never all met but conducted the important business in writing. Largely because of this we failed to seek agreement on the meaning of harmonization at the outset and, at least tentatively, on the devices by which we might realistically …

The Hegemony Of The Copyright Treatise, Ann Bartow

Ann Bartow

This Article asserts that major conceptions about the appropriate structure, texture, and span of copyright protections and privileges have been fashioned by copyright treatises, particularly the various editions of Nimmer on Copyright. Copyright treatises function in concert with the machinations of Congress, the courts, and custom, but their role is not often scrutinized.

Because copyright treatises typically do a far better job than Congress or the courts of explicating copyright law in straightforward and accessible language, such treatises can not only communicate the copyright law, but also influence its development and direction. Policy makers no doubt understand that content owners …

Taxation In Post-Saddam Iraq, Camilo Martinez

Camilo Martinez

No abstract provided.

International Criminal Court & India: Some Questions & Answers, Saumya Uma

Saumya Uma

This book was an outcome of an attempt to fill the “information gap” presently faced in making the ICC meaningful to civil society in India. It is based on questions that are frequently raised during workshops that the ICC-India campaign has conducted in various parts of the country. The contents of the book are in the form of questions and answers, and the book explains complex issues in a simple language. The publication is specially intended for Indian human rights organizations, activists and legal professionals engaged in campaigns on law and policy reform issues on human rights. This publication forms …

El Fondo Empresarial: ¿Un Concepto Por Descubrir?, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Clasificación De Las Causas De La Revocación De Sentencias Por Operación Del Recurso Extraordinario (Gráficos), Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.

The Hidden Costs Of Private Benefits Of Control: Value Shift And Efficiency, Hyun-Chul Lee

Hyun-Chul Lee

This paper relates the two regimes governing control transfer to the adverse impacts that private benefits of control have on IPOs. Merely the value-transfer nature of private benefits alone may stymie efficient IPOs because of the wedge between the discount for private benefits in pricing and what the initial owner will eventually capture. Irrelevance of the value-shift nature to the initial owner’s payoffs serves efficient IPOs. This paper shows separate mechanisms by which the two rules generate such wedge. The Market Rule allows increase in private benefits via control transfer, causing discount with maximum ceiling of private benefits. To offset …