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Articles 1 - 30 of 85
Full-Text Articles in Law
Agreeing To Disagree: Security Council Resolution 1441 And Intentional Ambiguity, Michael Byers
Agreeing To Disagree: Security Council Resolution 1441 And Intentional Ambiguity, Michael Byers
Faculty Scholarship
No abstract provided.
Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn
Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn
Faculty Scholarship
Presented at the European University Institute, Florence, 24-25 September 2004, Conference on Legal Patterns of Transnational Social Regulations and Trade
Proprietary Considerations, Arti K. Rai, Rebecca S. Eisenberg
Proprietary Considerations, Arti K. Rai, Rebecca S. Eisenberg
Faculty Scholarship
No abstract provided.
The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo
The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo
Faculty Scholarship
This is the first paper to statistically examine the timing of interest group lobbying. It introduces a theoretical framework based on recurring “structural policy windows” and argues that these types of windows should have a large effect on the intensity and timing of interest group activity. Using a new database of all lobbying expenditures in the U.S. states ranging up to 25 years, the paper shows interest group lobbying increases substantially during one of these structural windows in particular--the budgeting process. Spikes in lobbying during budgeting are driven primarily by business groups. Moreover, even groups relatively unaffected by budgets lobby …
The Domestic Origins Of International Agreements, Rachel Brewster
The Domestic Origins Of International Agreements, Rachel Brewster
Faculty Scholarship
This paper examines how international agreements are substitutes for statutes. The statutory law-making system and international agreement negotiations are separate, but sometimes rival, processes for setting national-level policy. International agreements have several advantages over domestic statutes. Under United States law, international agreements can entrench policies that might otherwise be subject to change; they can transfer agenda-setting power from the Congress to the President; and they can delegate authority to international organizations. Each of these effects can lead domestic interest groups to seek international negotiations rather than domestic legislation. Little difference exists between the politics of international and domestic law: Interest …
Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher
Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher
Faculty Scholarship
S.J.D. dissertation, submitted April 2004
Finding Cures For Tropical Diseases: Is Open Source An Answer?, Arti K. Rai, Stephen M. Maurer, Andrej Sali
Finding Cures For Tropical Diseases: Is Open Source An Answer?, Arti K. Rai, Stephen M. Maurer, Andrej Sali
Faculty Scholarship
No abstract provided.
Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris
Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris
Faculty Scholarship
No abstract provided.
Innovation In Boilerplate Contracts: An Empirical Examination Of Soverign Bonds, Mitu Gulati, Stephen J. Choi
Innovation In Boilerplate Contracts: An Empirical Examination Of Soverign Bonds, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
Network externalities may lead contracting parties to stay wiht a "standardized" term despite preferences for another term. Using a dataset of sovereign bond offerings from 1995 to early 2004, we test the importance of standardization for the modification provisions relating to payment terms. We provide evidence that (1) standardization may lead parties to adopt provisions not necessarily out of preference and (2) standards, nonetheless, may change. The process of change, however, is not necessarily quick or straightforward. In the sovereign bond context, change came by way of an "interpretive shock." Contracts with modification provisions requiring the unanimous consent of bondholders …
The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca E. Bignami
The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca E. Bignami
Faculty Scholarship
This paper conceptualises European governance as a continuous series of collective action games among national regulators. European administration is theorized as a set of mutually beneficial relations among independent regulators, rather than as a hierarchy of supranational institutions, courts, and national administrators. The collective action approach highlights the importance of certain factors in fostering regulatory cooperation and enabling the common market to become an administrative reality: repeated interactions, monitoring and sanctioning by the Commission and the courts, reciprocity norms, and trust. It also suggests that one of the most significant challenges of enlargement will be to establish cooperative regulatory exchanges …
Organisational Responses To Discontinuous Innovation: A Case Study Approach, Barak D. Richman, Jeffrey T. Macher
Organisational Responses To Discontinuous Innovation: A Case Study Approach, Barak D. Richman, Jeffrey T. Macher
Faculty Scholarship
Research that examines entrant-incumbent dynamics often points to the organisational limitations that constrain incumbents from successfully pursuing new technologies or fending off new entrants. Some incumbents are nevertheless able to successfully implement organisational structures and develop routines that overcome these institutional constraints. We provide a case-study analysis of how three firms - Motorola, IBM and Kodak - responded to "discontinuous" innovations and the associated structural and organisational limitations that are typical to incumbent organisations. Each firm was able to capture gains from new technologies and develop profitable products in emerging markets, although their abilities to sustain these gains varied due …
Regime Shifting: The Trips Agreement And New Dynamics Of International Intellectual Property Lawmaking, Laurence R. Helfer
Regime Shifting: The Trips Agreement And New Dynamics Of International Intellectual Property Lawmaking, Laurence R. Helfer
Faculty Scholarship
This Article draws upon the international relations theory of regimes to analyze the growing chorus of challenges to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), and to the expansion of intellectual property rights more generally. The few years since TRIPs entered into force have seen nothing less than an explosion of interest in intellectual property issues in international fora not previously concerned with the products of human creativity or innovation. Intellectual property is now at or near the top of the agenda in intergovernmental organizations such as the World Health Organization and the Food and Agriculture Organization, …
Welcome To The Dark Side: Liberals Rediscover Federalism In The Wake Of The War On Terror, Ernest A. Young
Welcome To The Dark Side: Liberals Rediscover Federalism In The Wake Of The War On Terror, Ernest A. Young
Faculty Scholarship
No abstract provided.
What Is Commercial Speech? - The Issue Not Decided In ‘Nike V. Kasky’, Catherine Fisk, Erwin Chemerinsky
What Is Commercial Speech? - The Issue Not Decided In ‘Nike V. Kasky’, Catherine Fisk, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler
Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler
Faculty Scholarship
No abstract provided.
A Tournament Of Judges?, Stephen Choi, Mitu Gulati
A Tournament Of Judges?, Stephen Choi, Mitu Gulati
Faculty Scholarship
We suggest a Tournament of Judges where the reward to the winner is elevation to the Supreme Court. Politics (and ideology) surely has a role to play in the selection of justices. However, the present level of partisan bickering has resulted in delays in judicial appointments as well as undermined the public's confidence in the objectivity of justices selected through such a process. More significantly, much of the politicking is not transparent, often obscured with statements on a particular candidate's "merit"- casting a taint on all those who make their way through the judicial nomination process. We argue that the …
The Muddled Duty To Disclose Under Rule 10b-5, Donald C. Langevoort, G. Mitu Gulati
The Muddled Duty To Disclose Under Rule 10b-5, Donald C. Langevoort, G. Mitu Gulati
Faculty Scholarship
No abstract provided.
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
Faculty Scholarship
Citizens use the initiative process to make new laws. Many winning initiatives, however, are altered or ignored after Election Day. We examine why this is, paying particular attention to several widely-ignored properties of the post-election phase of the initiative process. One such property is the fact that initiative implementation can require numerous governmental actors to comply with an initiative’s policy instructions. Knowing such properties, the question then becomes: When do governmental actors comply with winning initiatives? We clarify when compliance is full, partial, or not at all. Our findings provide a template for scholars and observers to better distinguish cases …
Reconsidering Private Foundation Investment Limitations, Richard L. Schmalbeck
Reconsidering Private Foundation Investment Limitations, Richard L. Schmalbeck
Faculty Scholarship
No abstract provided.
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Faculty Scholarship
The last few years have been a particularly heady period for governments, private parties, and NGOs seeking to develop new rules to regulate intellectual property ("IP") protection standards. During that time, a slew of lawmaking initiatives, studies, and reports have been launched in a strikingly large number of international venues. Work on intellectual property rights is now underway in intergovernmental organizations such as the World Trade Organization ("WTO"), World Intellectual Property Organization ("WIPO"), and Food and Agriculture Organization ("FAO"); in negotiating fora such as the Convention on Biological Diversity ("CBD") and its Conference of the Parties and the Commission on …
A Pro Bono Requirement For Faculty Members, Erwin Chemerinsky
A Pro Bono Requirement For Faculty Members, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Evolving Standards Of Decency In 2003 - Is The Dealth Penalty On Life Support?, Erwin Chemerinsky
Evolving Standards Of Decency In 2003 - Is The Dealth Penalty On Life Support?, Erwin Chemerinsky
Faculty Scholarship
Honorable James J. Gilvary Symposium on Law, Religion and Social Justice, Keynote Address
Evaluating The Fcc’S National Television Ownership Cap: What’S Bad For Broadcasting Is Good For The Country, Stuart M. Benjamin
Evaluating The Fcc’S National Television Ownership Cap: What’S Bad For Broadcasting Is Good For The Country, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
The Rehnquist Revolution, Erwin Chemerinsky
‘Idiot’S Guide’ To Sovereign Debt Restructuring, Steven L. Schwarcz
‘Idiot’S Guide’ To Sovereign Debt Restructuring, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Freedom’S New Fight, Jedediah Purdy
Freedom’S New Fight, Jedediah Purdy
Faculty Scholarship
Reviewing, Lawrence Lessig, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity (2004)
Hormesis, Hotspots And Emissions Trading, Jonathan B. Wiener
Hormesis, Hotspots And Emissions Trading, Jonathan B. Wiener
Faculty Scholarship
Instrument choice -- the comparison of technology standards, performance standards, taxes and tradable permits -- has been a major topic in environmental law and environmental economics. Most analyses assume that emissions and health effects are positively and linearly related. If they are not, this complicates the instrument choice analysis. This article analyses the effects of a nonlinear dose/response function on instrument choice. In particular, it examines the effects of hormesis (highdose harm but low-dose benefit) on the choice between fixed performance standards and tradable emissions permits. First, the article distinguishes the effects of hormesis from the effects of local emissions. …
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
Convergence, Divergence, And Complexity In Us And European Risk Regulation, Jonathan B. Wiener
Convergence, Divergence, And Complexity In Us And European Risk Regulation, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
Allocating Power Over Fact-Finding In The Patent System, Arti K. Rai
Allocating Power Over Fact-Finding In The Patent System, Arti K. Rai
Faculty Scholarship
Under well-settled patent law, the decision regarding whether to grant or deny a patent turns on technical fact-finding. Recommendations made in recent patent system reform reports issued by the Federal Trade Commission (FTC) and the National Academy of Sciences (NAS) could have a substantial impact on which patent institution has power over fact-finding. The FTC's approach to power allocation is relatively explicit: the USPTO's factual findings should be accorded a low level of deference when made in the context of an ordinary patent grant; significant deference when made in the context of a patent denial; and perhaps the highest level …