Law Commons^™

New Dimensions Of The Section 5 Enforcement Power, David Day

David Day

No abstract provided.

Do Speculative Stocks Lower Prices And Increase Volatility Of Value Stocks?, Vernon L. Smith, Gunduz Caginalp, Vladimira A. Ilieva, David Porter

Vernon L. Smith

The influence of speculative stocks on value stocks is examined through a set of economics experiments. The speculative asset is designed to model a company involved in a rapidly growing market that will be saturated at some unknown point. Using a control experiment where both assets are similar value stocks, we find statistical support for the assertion that the presence of a speculative stock increases the volatility and diminishes the price of the value stock. In addition, the temporal minimum price of the value stock during the last phase of the experiment is lower in the presence of the speculative …

Indelicate Imbalancing In Copyright And Patent Law, Tom W. Bell

Tom W. Bell

Courts and commentators routinely claim that copyrights and patents aim to strike a delicate balance between public and private interests. No such balance exists, however. Intractable knowledge problems preclude lawmakers from even measuring the many, fluctuating, and unquantifiable interests affected by copyrights and patents, must less setting those interests in equipoise. Due to public choice problems, moreover, we can expect no better from lawmakers than indelicate imbalances in favor of certain lobbies. Copyrights and patents serve worthy utilitarian ends. They will fail to reach them, however, if we count on centralized political authorities to delicately balance public and private interests. …

Left, Left, Left, Right, Left: The Search For Rights And Remedies In Juvenile Boot Camps, Teressa E. Ravenell

Teressa E. Ravenell

No abstract provided.

Note, Legal Reform And Its Context In Vietnam, Brian Jm Quinn

Brian JM Quinn

No abstract provided.

Trade, Constitutionalism And Human Rights: An Overview, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Moral Activism Manqué, Paul R. Tremblay

Paul R. Tremblay

Symposium: The Ethics of Litigation

Researching Ethical Issues, Paul R. Tremblay

Paul R. Tremblay

2002 Supplement to vol. 2

Interviewing And Counseling Across Cultures: Heuristics And Biases, Paul R. Tremblay

Paul R. Tremblay

Increasingly in recent years, critics and commentators have noted the importance of the role of culture within the lawyering process. Lawyers now understand better than they used to that culture matters in their day to day work with clients, and that not all cultures share the same habits, customs, values, traditions and preferences. This article explores how the reality of cultural diversity might affect some fundamental lawyering practices and models, and specifically the models for interviewing and counseling. In their work, lawyers must take cultural background into consideration expressly, but at the same time they must avoid harmful and unfair …

Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

A Court Of Its Own: The Establishment Of The United States Court For The Indian Territory, Von Creel

Von R. Creel

No abstract provided.

Producing Trousered Apes In Dwyer's Totalitarian State: A Review Of "Vouchers Within Reason", Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Mixed Results From Recent United States Tobacco Litigation, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Shared Appreciation Agreements: Confusion And Mismanagement Threatens Family Farmers, Susan A. Schneider

Susan Schneider

Informed Consent And Patients' Rights In Japan: 2001 Epilogue, Robert B. Leflar

Robert B Leflar

Japan is on a steeper trajectory toward the incorporation of informed consent principles into medical practice than the “gradual transformation” observed in a 1996 article, Informed Consent and Patients’ Rights in Japan. Among the most significant recent developments from 1996 to 2001 have been these seven: (1) the 1997 enactment of the Organ Transplantation Law permitting the use of brain death criteria in limited circumstances in which informed consent is present; (2) the strengthening of patients’ rights in clinical drug trials; (3) the continued trend toward increasing disclosure to patients of cancer diagnoses; (4) initiatives by the health ministry toward …

Legal Control Of International Terrorism: A Policy-Oriented Assessment, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

Book Review: Reviewing Hilmi M. Zawati, Is Jihad A Just War? War, Peace And Human Rights Under Islamic And Public International Law (E. Mellen Press, 2002), M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray

Laura K. Ray

No abstract provided.

Perceived Disabilities, Social Cognition, And "Innocent Mistakes", Michelle A. Travis

Michelle A. Travis

This Article uses social cognition literature to analyze one form of non-prototypic employment discrimination under the Americans with Disabilities Act of 1990 (ADA). When enacting the ADA, Congress recognized that discrimination against individuals with disabilities is so pervasive that it reaches beyond those who possess substantially limiting impairments. Therefore, the ADA protects not only individuals who have an actual disability, but also non-disabled individuals who are mistakenly regarded as disabled by their employer. The field of social cognition, particularly causal attribution theory, studies why, how, and when we misperceive other individuals' capabilities. By taking an interdisciplinary approach, this Article concludes …

Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis

Michelle A. Travis

This Article was part of a symposium issue on Law, Labor, and Gender. This interdisciplinary project responds to legal scholars in the work/family conflict field who advocate telecommuting as a way for women to achieve workplace equality. First, the Article uses sociology research to demonstrate that telecommuting sometimes works to exacerbate gender inequality in the workplace, rather than leveling the workplace playing field. Second, the Article explores what role, if any, the law may play in requiring employers to design gender-equalizing telecommuting relationships. By analogizing telecommuting to the historic use of women industrial homeworkers, the Article concludes that targeted homeworking …

Foreword, Preservation Law Symposium: Re-Inventing The Past, Thomas J. Reed

Thomas J Reed

No abstract provided.

Can Law And Economics Be Both Practical And Principled?, Michael P. O'Shea, David A. Hoffman

Michael P. O'Shea

No abstract provided.

The Uniform Law Process: Observations Of A Detached Participant, Andrew C. Spiropoulos

Andrew C. Spiropoulos

No abstract provided.

From Law To Content In The New Media Marketplace (Review Essay), Daniel M. Filler

Daniel M. Filler

No abstract provided.

Recurring Nightmare: Barriers To Effective Treatment Of Hiv In The United States And Internationally, John G. Culhane

John G. Culhane

Developing nations face many of the same barriers to the effective prevention and treatment of HIV/AIDS as the developed nations. The article examines successful and unsuccessful approaches to prevention in the United States, and compares these to the obstacles faced by those attempting to deal with the HIV/AIDS pandemic in other nations. It suggests ways of addressing deeply rooted obstacles such as the treatment of women and racial and sexual minorities. A complex web of approaches that draws on international, national, and local laws and government, as well as the participation of community groups, stands the only chance of substantially …

Alj Ethics: Conundrums, Dilemmas, And Paradoxes, John L. Gedid

John L. Gedid

No abstract provided.

Amended Model Rule Of Professional Conduct 1.11: Long-Standing Controversy, Imperfect Remedy, And New Questions, Patrick J. Johnston

Patrick J. Johnston

No abstract provided.

The Fdic Response To Penn Square Bank And The Local Implementation Of National Policy, Michael Mitchelson

Michael Mitchelson

No abstract provided.

It Began At Brooklyn: Expanding Boundaries For First-Year Law Students By Internationalizing The Legal Writing Curriculum, Diane Edelman

Diane Penneys Edelman

No abstract provided.

The Proverbial Tree Falling In The Legal Writing Forest: Ensuring That Students Receive And Read Our Feedback On Their Final Assignments, Emily Zimmerman

Emily Zimmerman

No abstract provided.