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Faculty Scholarship

1994

Discipline
Institution
Keyword
File Type

Articles 241 - 251 of 251

Full-Text Articles in Law

Why The Wind Changed: Intellectual Leadership In Western Law, Ugo Mattei Jan 1994

Why The Wind Changed: Intellectual Leadership In Western Law, Ugo Mattei

Faculty Scholarship

No abstract provided.


Irreconcilable Differences? Divorcing Refugee Protections From Human Rights Norms, Karen Musalo Jan 1994

Irreconcilable Differences? Divorcing Refugee Protections From Human Rights Norms, Karen Musalo

Faculty Scholarship

No abstract provided.


A Guide To American Legal History Methodology With An Example Of Research In Progress, Jenni Parrish Jan 1994

A Guide To American Legal History Methodology With An Example Of Research In Progress, Jenni Parrish

Faculty Scholarship

No abstract provided.


Important Developments In Exempt Organizations, Stephen Schwarz, Laura B. Chisolm Jan 1994

Important Developments In Exempt Organizations, Stephen Schwarz, Laura B. Chisolm

Faculty Scholarship

No abstract provided.


On The Federalization Of The Administration Of Civil And Criminal Justice, William W. Schwarzer, Russell R. Wheeler Jan 1994

On The Federalization Of The Administration Of Civil And Criminal Justice, William W. Schwarzer, Russell R. Wheeler

Faculty Scholarship

No abstract provided.


Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra A. Livingston Jan 1994

Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra A. Livingston

Faculty Scholarship

In January 1994, President Clinton invited Kevin Jett, a thirtyone-year-old New York City police officer who walks a beat in the northwest Bronx, to attend the State of the Union Address. Jett stood for Congress's applause as the President called for the addition of 100,000 new community police officers to walk beats across the nation. The crime problem faced by Officer Jett and community police officers like him, the President said, has its roots "in the loss of values, the disappearance of work, and the breakdown of our families and communities." According to the Clinton administration, however, the police – …


Reply To Professor Brewbaker, Thomas W. Merrill Jan 1994

Reply To Professor Brewbaker, Thomas W. Merrill

Faculty Scholarship

Professor Brewbaker's thoughtful article on physician price controls raises many issues, large and small. Some – such as the relative merits of the regulatory takings standard and the fair return standard – have been dealt with in my principal article and I will not revisit them here. I will instead address four arguments advanced by Professor Brewbaker that are not anticipated in my article: (1) that the Constitution should not apply to physician price controls because physicians can fend for themselves in the political process; (2) that applying the Takings Clause to physician price controls would be tantamount to reviving …


Constitutional Limits On Physician Price Control, Thomas W. Merrill Jan 1994

Constitutional Limits On Physician Price Control, Thomas W. Merrill

Faculty Scholarship

Proposals for the reform of the nation's health care system have highlighted the issue of rising health care costs. Concern about rising costs, in tum, has led to talk of imposing price controls on health care providers. Economists and other experts have condemned price controls as a way to control rising health care costs. They argue that price controls do nothing to alleviate the underlying causes of inflation; instead, price controls merely postpone or redirect price increases, and in the process introduce allocational distortions and inefficiencies. This Article will not elaborate on the policy arguments for or against medical price …


Contract Renegotiation, Mechanism Design, And The Liquidated Damages Rule, Eric L. Talley Jan 1994

Contract Renegotiation, Mechanism Design, And The Liquidated Damages Rule, Eric L. Talley

Faculty Scholarship

The common law practice of refusing to enforce contractual penalties has long mystified law and economics scholars. After critiquing the prevailing law and economics analyses of the common law rule, Eric L. Talley reevaluates the penalty doctrine using the game theoretic technique of mechanism design, which facilitates the analysis of multiparty bargaining situations under various assumptions. Using this technique to model the allocational consequences of various enforcement regimes that courts might adopt with respect to stipulated damages clauses, Mr. Talley finds that penalty nonenforcement can increase economic efficiency by discouraging strategic behavior by the parties, thereby inducing more efficient contract …


The World Trading System, Jagdish N. Bhagwati Jan 1994

The World Trading System, Jagdish N. Bhagwati

Faculty Scholarship

The Uruguay Round is closing this week after a marathon of negotiations stretching well over seven years; so the timing of this panel is exquisite, from my viewpoint. The ceremony, besides, is in Marrakech, an exotic place that sets our minds racing with thoughts of "Casablanca," Humphrey Bogart and Ingrid Bergman. Indeed, one can imagine a movie being made of this historic occasion that will transform the General Agreement on Tariffs and Trade (GAIT) into the World Trade Organization (WTO), with Peter Ustinov cast as Peter Sutherland, the brilliant and portly new director general of the GAIT who finally brought …


Surveying The Borders Of Copyright, Jane C. Ginsburg Jan 1994

Surveying The Borders Of Copyright, Jane C. Ginsburg

Faculty Scholarship

The copyright course I teach at Columbia Law School begins with a survey of what copyright is not: it is not a patent, a trademark, or an object of physical property. Nor, as the course examines a little later on, does copyright protect every object of economic value whose worth might be further enhanced were it to be shielded from unauthorized copying. However, the frontiers between copyright and mere commercial value have never been well defined. Not only may the same item be simultaneously the object of copyright and of other legal rights, but copyright increasingly covers – or is …