Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (7)
- Comparative and Foreign Law (4)
- Environmental Policy (4)
- Intellectual Property Law (4)
- Law and Economics (4)
-
- Legal History (4)
- Public Affairs, Public Policy and Public Administration (4)
- Economics (3)
- Environmental Law (3)
- International Law (3)
- Law and Society (3)
- Political Economy (3)
- Property Law and Real Estate (3)
- Science and Technology Studies (3)
- Sociology (3)
- Theory, Knowledge and Science (3)
- Anthropology (2)
- Bankruptcy Law (2)
- Courts (2)
- Estates and Trusts (2)
- Health Law and Policy (2)
- Human Rights Law (2)
- Internet Law (2)
- Legal Remedies (2)
- Rule of Law (2)
- Science and Technology Law (2)
- Social and Cultural Anthropology (2)
- Tax Law (2)
- Agriculture Law (1)
- Institution
- Keyword
-
- Intellectual property (3)
- Bankruptcy trustee (2)
- Biobanks (2)
- Common law (2)
- Commons in the cultural environment (2)
-
- Cultural commons (2)
- Data commons (2)
- Debtor-in-possession (2)
- Duty of care (2)
- Duty of loyalty (2)
- Fiduciary duties (2)
- Governance (2)
- Information commons (2)
- Knowledge commons (2)
- Knowledge pools (2)
- Legal history (2)
- Property (2)
- Science commons (2)
- 1970 Clean Air Act Amendments (1)
- 2006 PRC Company Law (1)
- 2006 PRC Partnership Law (1)
- Adidas (1)
- Affirmative action (1)
- America First Energy Plan (1)
- Anti-Tax Avoidance Directive (ATAD) (1)
- Article 59 (1)
- Article 62 (1)
- Artificial intelligence (AI) (1)
- Automatic exchange of information (AEoI) (1)
- Bankruptcy (1)
Articles 1 - 26 of 26
Full-Text Articles in Law
Knowledge Commons (2019), Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg
Knowledge Commons (2019), Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg
Book Chapters
This chapter provides an introduction to and overview of the knowledge commons research framework. Knowledge commons refers to an institutional approach (commons) to governing the production, use, management, and/or preservation of a particular type of resource (knowledge). The research framework supplies a template for interrogating the details of knowledge commons institutions on a case study basis, generating qualitative data that may be used to support comparative analysis.
Fiduciary Principles In Chinese Law, Nicholas C. Howson
Fiduciary Principles In Chinese Law, Nicholas C. Howson
Book Chapters
This chapter examines the principles of fiduciary doctrine that are found in Chinese law, with a particular focus on developments in law and regulation in the People’s Republic of China (PRC) after the early 1980s. It also considers the advent and elaboration of what the Anglo-American legal system calls “corporate fiduciary duties,” including partnership fiduciary duties. The chapter first provides an overview of basic conceptions of corporate fiduciary duties that entered Chinese law and practice through at least three separate tracks: academic, regulatory, and jurisprudential. It then explores corporate and partnership fiduciary duties after 2006, placing emphasis on corporate law …
Discontinuance And Withdrawal: Article 62, Christine Chinkin
Discontinuance And Withdrawal: Article 62, Christine Chinkin
Book Chapters
Article 62 provides the major procedural device by which the interests of States not party to proceedings before the ICJ are protected by the Court. The procedure is termed intervention. Intervention: is based, inter alia, on the need for the avoidance of repetitive litigation as well as the need for harmony of principle, for a multiplicity of cases involving the same subject-matter could result in contradictory determinations which obscure rather than clarify the applicable law.
Hemp Fiber, Howard J. Bromberg, Ming Y. Zheng
Hemp Fiber, Howard J. Bromberg, Ming Y. Zheng
Book Chapters
Hemp, Cannabis sativa, is indigenous to temperate regions in Asia. All major industrialized countries but the United States cultivate hemp for its fibers and oil-rich seeds. The former Soviet Union was the world's leading producer until the 1980s. As of 2018, China was the largest producer, with other significant industries in Ukraine, Russia, China, Canada, Austria, Australia, Great Britain, Hungary, Romania, Poland, France, Italy, and Spain.
Cannabis was initially spread around the world because of its fiber, not its intoxicant chemicals or its nutritious oil seeds. It is one of the oldest sources of textile fiber, whose use for cloth …
Montreal Protocol, Howard J. Bromberg, Mark S. Coyne, W. J. Maunder
Montreal Protocol, Howard J. Bromberg, Mark S. Coyne, W. J. Maunder
Book Chapters
DATE: Signed September 16, 1987; took effect January 1, 1989; amended 1990, 1992, 1995, 1997, and 1999
The Montreal Protocol was created to help preserve the Earth’s ozone layer by severely limiting the production and use of chlorofluorocarbons (CFCs ) and other halogenated compounds.
Taxation And Human Rights: A Delicate Balance, Reuven S. Avi-Yonah, Gianluca Mazzoni
Taxation And Human Rights: A Delicate Balance, Reuven S. Avi-Yonah, Gianluca Mazzoni
Book Chapters
This chapter assesses the appropriate balance between strengthening tax revenue collection tools to ensure states have adequate resources to meet their human rights obligations, and protecting taxpayer rights to privacy and data security. On the one hand, the ability of rich residents of developing countries and multinational corporations operating in those countries to evade or avoid taxation is directly linked to violations of human rights in those countries, especially from the perspective of social and economic rights like health and education. Providing such countries with the means to fight back and collect adequate revenues is essential in advancing such rights. …
Fiduciary Principles In Bankruptcy And Insolvency, John A.E. Pottow
Fiduciary Principles In Bankruptcy And Insolvency, John A.E. Pottow
Book Chapters
This chapter examines fiduciary duties in bankruptcy and insolvency, focusing on the bankruptcy trustee’s duties, which are triggered by virtue of appointment in a case. It first provides a background on bankruptcy law in order to elucidate the doctrines and rules affecting fiduciary responsibilities in bankruptcy, citing a number of relevant provisions in the Bankruptcy Code. It then considers the fiduciary, non-fiduciary, and anti-fiduciary obligations of the trustee under the Bankruptcy Code before discussing the fiduciary duties of care and loyalty. In particular, it highlights bankruptcy-related issues raised by the duty of loyalty with respect to secured creditors, priority unsecured …
Environmental Law In The United States, Howard J. Bromberg, Joshua I. Barrett
Environmental Law In The United States, Howard J. Bromberg, Joshua I. Barrett
Book Chapters
Environmental law in the United States comprises a complex patchwork of federal, state, and local statutes and regulations, along with the traditions of common law. Most statutory environmental programs emerged in the second half of the twentieth century. In the 1960s, writings such as Rachel Carson's Silent Spring (1962) fueled environmental awareness in the United States; the first Earth Day, celebrated on April 22, 1970, symbolized the birth of vironmental law entered a new era in 1970, when President Richard Nixon created the Environmental Protection Agency and the U.S. Congress passed the National Environmental Policy Act and the 1970 Clean …
Trump, Donald: Environmental Policy Of,, Howard J. Bromberg
Trump, Donald: Environmental Policy Of,, Howard J. Bromberg
Book Chapters
Businessman and US. president Donald John Trump was born in Queens, New York, to Frederick (Fred) Trump and Mary MacLeod. Fred Trump, a real estate developer, brought Donald into the family real estate business. Through his business operations, Trump became a billionaire. Donald also became a television celebrity with the reality show The Apprentice. In one of the most unpredictable elections in American history, Trump became the 45th president of the United States. His administration aggressively promoted development of oil, gas, mineral, and coal resources. In doing so, he revoked numerous environmental protections.
Biobanks As Innovation Infrastructure For Translational Medicine, W. Nicholson Price Ii
Biobanks As Innovation Infrastructure For Translational Medicine, W. Nicholson Price Ii
Book Chapters
Biobanks represent an opportunity for the use of big data to drive translational medicine. Precision medicine demands data to shape treatments to individual patient characteristics; large datasets can also suggest new uses for old drugs or relationships between previously unlinked conditions. But these tasks can be stymied when data are siloed in different datasets, smaller biobanks, or completely proprietary private resources. This hampers not only analysis of the data themselves, but also efforts to translate data-based insights into actionable recommendations and to transfer the discovered technology into a commercialization pipeline. Cross-project technological innovation, development, and validation are all more difficult …
Nevada Department Of Human Resources V. Hibbs: Universalism And Reproductive Justice, Samuel Bagenstos
Nevada Department Of Human Resources V. Hibbs: Universalism And Reproductive Justice, Samuel Bagenstos
Book Chapters
The Family and Medical Leave Act (FMLA) was the first bill signed into law by President Bill Clinton—just two weeks after he took office. Enactment of the statute was a longstanding goal of the Democratic Party. It also represented a legislative victory for what I will call feminist universalism—the notion that sex equality is best served by rules and policies that reject differentiation between women and men. Ten years after Congress enacted the FMLA, the Supreme Court upheld the statute against a constitutional challenge in Nevada Department of Human Resources v. Hibbs. The Hibbs Court, in a surprising opinion by …
Toward A Realistic Comparative Assessment Of Private Antitrust Enforcement, Daniel A. Crane
Toward A Realistic Comparative Assessment Of Private Antitrust Enforcement, Daniel A. Crane
Book Chapters
Over the course of her extraordinary career, Eleanor Fox has contributed in many vital ways to our understanding of the importance of institutional analysis in antitrust and competition law. Most importantly, Eleanor has become the leading repository of knowledge about what is happening around the globe in the field of competition law and its enforcement institutions. At a time when much of the field of antitrust was moving in the direction of theoretical generalization, formal modeling, game theory, and the like, Eleanor tirelessly worked the globe to discover the actual practice of competition law in the world. She left no …
Branch Rickey, Affirmative Action And 'Merit' In Baseball And Education, Evan H. Caminker
Branch Rickey, Affirmative Action And 'Merit' In Baseball And Education, Evan H. Caminker
Book Chapters
When General Manager Wesley Branch Rickey broke Organized Baseball’s longstanding color barrier on October 23, 1945, by signing Jackie Robinson to a contract to play for the Montreal Royals, a minor league affiliate of the Brooklyn Dodgers, Rickey catalyzed the movement for racial justice. Millions of people saw, heard, and read about black and white men playing side-by-side. Integrating the national pastime helped challenge segregationist norms across the land, facilitating the integration of military troops and public schools soon thereafter.
Rickey’s stirring call in his 1956 Atlanta address to judge people on their merits rather than their pigmentation still resonates …
Beps, Atap And The New Tax Dialogue: A Transatlantic Competition?, Reuven S. Avi-Yonah, Gianluca Mazzoni
Beps, Atap And The New Tax Dialogue: A Transatlantic Competition?, Reuven S. Avi-Yonah, Gianluca Mazzoni
Book Chapters
The Tax Cuts and Jobs Act (TRA17) signed into law by President Trump on 22 December 2017 contains multiple provisions that incorporate the principles of the OECD/G20 Base Erosion and Profit Shifting Action Plan (BEPS) into domestic US tax law. Together with the changes in the 2016 US Model Tax Treaty, 1 these provisions mean that the United States is following the European Union in implementing BEPS and particularly its underlying principle, the single tax principle (all income should be subject to tax once at the rate derived from the benefits principle, i.e., active income at a minimum source tax …
Conquering The Elephant, Wanda Temm
Conquering The Elephant, Wanda Temm
Book Chapters
This chapter in Beyond One L: Stories About Finding Meaning and Making a Difference in Law discusses the bar exam, the challenges and endurance required to pass, the role professors play in preparing their students, and personal stories of attorneys and their myriad journeys conquering this beast.
Beyond One L features stories that explore first, second, and third year experiences as well as stories beyond law school on subjects including taking the bar, searching for judicial clerkships, practicing law, and leaving law practice to become a teacher or judge.
Techniques For Regulating Military Force, Monica Hakimi
Techniques For Regulating Military Force, Monica Hakimi
Book Chapters
This chapter draws on the five chapters that follow—each of which describes the war powers in a single country—to identify and analyze some of the techniques for regulating this area of foreign affairs and then to reflect on the value of comparative research on it. Three basic techniques are: (1) to establish substantive standards on when the government may or may not use force, (2) to divide among different branches of government the authority to deploy the country’s armed forces, and (3) to subject such decisions to oversight or review. There is considerable variation, both across countries and over time …
Fiduciary Principles In Bankruptcy And Insolvency, John A. E. Pottow
Fiduciary Principles In Bankruptcy And Insolvency, John A. E. Pottow
Book Chapters
This chapter examines fiduciary duties in bankruptcy and insolvency, focusing on the bankruptcy trustee’s duties, which are triggered by virtue of appointment in a case. It first provides a background on bankruptcy law in order to elucidate the doctrines and rules affecting fiduciary responsibilities in bankruptcy, citing a number of relevant provisions in the Bankruptcy Code. It then considers the fiduciary, non-fiduciary, and anti-fiduciary obligations of the trustee under the Bankruptcy Code before discussing the fiduciary duties of care and loyalty. In particular, it highlights bankruptcy-related issues raised by the duty of loyalty with respect to secured creditors, priority unsecured …
The Football As Intellectual Property Object, Michael J. Madison
The Football As Intellectual Property Object, Michael J. Madison
Book Chapters
The histories of technology and culture are filled with innovations that emerged and took root by being shared widely, only to be succeeded by eras of growth framed by intellectual property. The Internet is a modern example. The football, also known as the pelota, ballon, bola, balón, and soccer ball, is another, older, and broader one. The football lies at the core of football. Intersections between the football and intellectual property law are relatively few in number, but the football supplies a focal object through which the great themes of intellectual property have shaped the game: origins; innovation and …
Adoption Of 1325 Resolution, Christine M. Chinkin
Adoption Of 1325 Resolution, Christine M. Chinkin
Book Chapters
UN Security Council Resolution 1325 was not adopted in a vacuum, but rather can be read with a number of other programs within the Security Council (SC) and UN architecture. These include other thematic resolutions, as well as broader policy initiatives. Taken together, these diverse strands sought to shift the understanding of the SC’s role in the maintenance of international peace and security, away from a classic state-oriented approach to one that places people at its center. The adoption of Resolution 1325, along with these other developments, had implications for the making of international law (the place of civil society …
The Confrontation Right, Richard D. Friedman
The Confrontation Right, Richard D. Friedman
Book Chapters
This chapter examines the right of criminal defendants to be confronted with the witnesses against them. It first provides an overview of the nature, purposes, and costs of the confrontation right before discussing the history of the confrontation right. It then considers a range of issues that may arise in any jurisdiction (or in some cases, any common law jurisdiction) with regard to the confrontation right, using as a touchstone the current status of the right in the United States. In particular, it describes situations in which the question of whether a statement is testimonial typically arises, such as fresh …
Equity, Samuel L. Bray
Equity, Samuel L. Bray
Book Chapters
From the Publisher
Chapter 2
How has equity been received in the United States? Two themes stand out. One is that of ‘nice adjustment’: the case-specific adjustment of legal rules to avoid the harsh results of applying rules to unforeseen circumstances. The second is the idea of judicial command: ordering the particular defendant in the circumstances to do equity without contradicting the common law. While the former has waned in the US, the latter has overly strengthened. The reasons of legal culture are discussed.
Biobanks As Knowledge Institutions, Michael J. Madison
Biobanks As Knowledge Institutions, Michael J. Madison
Book Chapters
This chapter describes biobanks as institutions for collection, preservation, curation, and production of knowledge and information, in both material and immaterial forms. That characterization calls for research and comparative analysis of the broad diversity of specific biobanks, using a standardized research framework. Such a framework is identified and described here, as the knowledge commons framework. The chapter describes applications of the framework to biobanks to date and suggests directions for future research.
Between The Margins And The Mainstream: The Case Of Women's Rights, Hilary Charlesworth, Christine M. Chinkin
Between The Margins And The Mainstream: The Case Of Women's Rights, Hilary Charlesworth, Christine M. Chinkin
Book Chapters
This chapter investigates the conceptual limits of the field of women’s rights. It identifies two main currents of activity in the field: the elaboration of human rights standards, particularly through the UN Convention on the Elimination of All Forms of Discrimination against Women of 1979; and the development of the ‘Women, Peace and Security’ agenda by the UN Security Council since 2000. Both areas are limited in their understandings of the diverse lives of women. The chapter argues that campaigns for the recognition of women’s rights shuttle between the mainstream and the margins of international law and that the structural …
Platform Procedure: Using Technology To Facilitate (Efficient) Civil Settlement., J.J. Prescott, Alexander Sanchez
Platform Procedure: Using Technology To Facilitate (Efficient) Civil Settlement., J.J. Prescott, Alexander Sanchez
Book Chapters
In this chapter, we explore the ability of courts to enhance the role of substantive law in case outcomes by reducing party litigation costs. When it becomes less costly for parties to engage actively in dispute resolution, the shadow of substantive law should, in theory, become more pronounced and case outcomes should change (and hopefully become more accurate/efficient on average). To empirically investigate this hypothesis, we examine the consequences of a large state court’s implementation of court-assisted online dispute resolution (ODR) tools for its small claims docket. A central goal of this technology is to reduce litigation costs of all …
Health Care Ai: Law, Regulation, And Policy., W. Nicholson Price Ii
Health Care Ai: Law, Regulation, And Policy., W. Nicholson Price Ii
Book Chapters
As discussed in previous chapters, artificial intelligence (AI) has the potential to be involved in almost all aspects of the health care industry. The legal landscape for health care AI is complex; AI systems with different intended uses, audiences, and use environments face different requirements at state, federal, and international levels. A full accounting of these legal requirements, or of the policy questions involved, is far beyond the scope of this chapter. Additionally, the legal and regulatory framework for AI in health care continues to evolve, given the nascent stage of the industry.
In this chapter, we offer an overview …
Reading Terminology In The Sources For The Early Common Law: Seisin, Simple And Not So Simple, John G. H. Hudson
Reading Terminology In The Sources For The Early Common Law: Seisin, Simple And Not So Simple, John G. H. Hudson
Book Chapters
According to F. W. Maitland, ‘the treatment of seisin in our oldest common law must be understood if ever we are to use the vast store of valuable knowledge that lies buried in the plea rolls and the Year Books’. In The History of English Law, Maitland stated firmly that ‘Seisin is possession’, and that ‘When we say that seisin is possession, we use the latter term in the sense in which lawyers use it, a sense in which possession is quite distinct from, and may be sharply opposed to, proprietary right.’ He added that ‘The idea of seisin …