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Selected Works

2010

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Articles 1 - 30 of 4228

Full-Text Articles in Law

Federalizing Public Education, Thomas Kleven Jul 2015

Federalizing Public Education, Thomas Kleven

Thomas Kleven

This article assesses the case for federalizing public education in the United States. The starting point is a conception of democracy I call equitable sharing, meaning that the goods of social life must be equitably distributed among all society’s members. I argue that equitable sharing mandates society to ensure that all children have access to a relatively equal educational opportunity—i.e., a comparable opportunity to advance educationally as far as their abilities, interests and willingness to strive allow—at least through elementary and secondary school. To set the stage for discussing the merits of federalization, I examine various ...


Research Handbook On Public Choice And Public Law, Anne O'Connell, Daniel Farber Mar 2015

Research Handbook On Public Choice And Public Law, Anne O'Connell, Daniel Farber

Daniel A Farber

No abstract provided.


Introduction: A Brief Trajectory Of Public Choice And Public Law, Daniel Farber, Anne O'Connell Mar 2015

Introduction: A Brief Trajectory Of Public Choice And Public Law, Daniel Farber, Anne O'Connell

Daniel A Farber

No abstract provided.


More Information, More Ripoffs: Experiments With Public And Private Information In Markets With Asymmetric Information, Bart Wilson Aug 2014

More Information, More Ripoffs: Experiments With Public And Private Information In Markets With Asymmetric Information, Bart Wilson

Bart J Wilson

No abstract provided.


The Ecological And Civil Mainsprings Of Property: An Experimental Economic History Of Whalers’ Rules Of Capture, Bart Wilson, Taylor Jaworski, Karl Schurter, Andrew Smyth Aug 2014

The Ecological And Civil Mainsprings Of Property: An Experimental Economic History Of Whalers’ Rules Of Capture, Bart Wilson, Taylor Jaworski, Karl Schurter, Andrew Smyth

Bart J Wilson

This paper uses a laboratory experiment to probe the proposition that property emerges anarchically out of social custom. We test the hypothesis that whalers in the 18th and 19th century developed rules of conduct that minimized the sum of the transaction and production costs of capturing their prey, the primary implication being that different ecological conditions lead to different rules of capture. Holding everything else constant, we find that simply imposing two different types of prey is insufficient to observe two different rules of capture. Another factor is essential, namely that the members of the community are civil-minded.


Exchange, Theft And The Social Formation Of Property, Bart Wilson, Erik Kimbrough, Vernon Smith Aug 2014

Exchange, Theft And The Social Formation Of Property, Bart Wilson, Erik Kimbrough, Vernon Smith

Bart J Wilson

No abstract provided.


Social Preferences Aren't Preferences, Bart Wilson Aug 2014

Social Preferences Aren't Preferences, Bart Wilson

Bart J Wilson

No abstract provided.


Discovering Economics In The Classroom With Experimental Economics And Teh Scottish Enlightenment, Bart Wilson, Taylor Jaworski, Vernon Smith Aug 2014

Discovering Economics In The Classroom With Experimental Economics And Teh Scottish Enlightenment, Bart Wilson, Taylor Jaworski, Vernon Smith

Bart J Wilson

No abstract provided.


The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom Oct 2013

The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom

Robert Bloom

United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity


History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom Oct 2013

History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom

Robert Bloom

No abstract provided.


Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg Sep 2012

Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg

Niklas Selberg

Drawing on Jacques Rancière’s theorising of the political, this article analyses the disagreement on undocumented migrants in recent legislation in Sweden and within the European Union as well as in Swedish labour union practice. Both the consensus understanding of the issue of undocumented migrants and the materialisation of dissensus through the political activities of undocumented migrants are studied. The aims of the article are: firstly, to show that undocumented migrants in Sweden engage in a political struggle that is not recognised as such, to analyse the structure or conditions of possibility of this non-recognition, and finally, to analyse the ...


Fiduciary Accounting : Principles, Modern Applications, Illustrations, Katheleen Guzman, Mark Gillett, Kelly Bruns Jun 2012

Fiduciary Accounting : Principles, Modern Applications, Illustrations, Katheleen Guzman, Mark Gillett, Kelly Bruns

Mark R Gillett

No abstract provided.


Environmental Law And Policy: Nature, Law And Society, Zygmunt Plater, Robert Abrams, Robert Graham, Lisa Heinzerling, David Wirth, Noah Hall Nov 2011

Environmental Law And Policy: Nature, Law And Society, Zygmunt Plater, Robert Abrams, Robert Graham, Lisa Heinzerling, David Wirth, Noah Hall

David A. Wirth

This user-friendly book - noted for its comprehensive legal process approach to the depth and complexity of modern environmental law - gives students a solid doctrinal footing in the law and helps build their analytical skills. Environmental Law and Policy: Nature, Law, and Society, Fourth Edition, uses the legal process approach, building on a base of common law and constitutional law and continuing on to statutory and administrative law, to illustrate both the structure of the law and how it works.

Among the attributes that have made this classroom-tested casebook a favorite:

coverage not only of the staples of environmental law but ...


Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom Oct 2011

Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom

Robert M. Bloom

Examples & Explanations: Criminal Procedure: The Constitution and the Police, Sixth Edition, using the method that has made it such a successful resource for students, continues to present the discussion of criminal procedure in a way that mirrors the sequence of real-life events in law enforcement.


Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow Oct 2011

Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow

Judith A. McMorrow

The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about ...


Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman Feb 2011

Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman

Robert L. Hayman

This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.


Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman Feb 2011

Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman

Erin Daly

This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.


Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow Dec 2010

Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow

Judith A. McMorrow

The Chinese legal profession has grown rapidly in the last 30 years. This talk discussed the challenge of creating norms of attorney conduct (legal ethics) in a fragile and young legal system. The second part of the talk used ongoing research on the formation of professional identity.


The Prophet (Peace Be Upon Him)'S Merciful Reforms In The Conduct Of War: The Prohibited Acts, Muhammad Munir Dr. Dec 2010

The Prophet (Peace Be Upon Him)'S Merciful Reforms In The Conduct Of War: The Prohibited Acts, Muhammad Munir Dr.

Dr. Muhammad Munir

This paper argues that Islam introduced far reaching reforms to warfare; that the conduct of the Prophet (peace be upon him) and his successors does not to allow the burning and drowning of enemy to death. Destroying buildings, cutting down trees, committing perfidy, breaching the trust of the enemy, the killing of women, children, servants, old, infirm, sick, wounded, priests, peasants, prisoners of warand envoys is strictly against the teachings of the Prophet (peace be upon him) or his successors. The destruction of harvest, livestock and forests, looting, plundering and corruption from the war booty and indiscipline are prohibited as ...


Gender Violence In India Prajnya Report 2010, Professor Vibhuti Patel Dec 2010

Gender Violence In India Prajnya Report 2010, Professor Vibhuti Patel

Professor Vibhuti Patel

Gender violence in personal lives as well as the systems and structures perpetuating it need serious examination. Indian women experience all kinds of gendered violence at different stages of their lives, from womb to tomb, as a result of modernisation and commercialisation of subsistence economies, family ties becoming less supportive, increasing migration, demanding work, inhuman labour processes in informal economies, sectarian vested interests manifesting through identity politics, trafficking of women and girls as cheap labour, forced marriage and various forms of misogyny in print and electronic media. Honour killing of young lovers and married couples by their relatives brings to ...


The Invalidity Of The 1910 Japan-Korea Annexation Treaty And The Plain Defects Of The Corollaries In Japanese Assertions Of The Sovereign Title To The Dokdo Island, Young K. Kim Dec 2010

The Invalidity Of The 1910 Japan-Korea Annexation Treaty And The Plain Defects Of The Corollaries In Japanese Assertions Of The Sovereign Title To The Dokdo Island, Young K. Kim

Young K Kim

In view of the rule of international law, the Japanese control upon the Korean territories during these 26 years could only been precisely defined as a belligerent occupation. No sovereign title or any legally valid title had ever been entitled to Japan, by this belligerent occupation. So, when the subjection by the Japanese warlords ended, the liberated Korea had immediately resumed the national liberty and the proud cultural heritage. Any vestiges of Japanese control over to the Korean territories should have been eliminated completely, and at once. Removing Japanese warlords from the Korean territory was the only condition for the ...


Absolute Immunity: A License To Rape Justice At Will, Prentice L. White Dec 2010

Absolute Immunity: A License To Rape Justice At Will, Prentice L. White

Prentice L White

ABSOLUTE IMMUNITY: A LICENSE TO RAPE JUSTICE AT WILL BY PRENTICE L. WHITE We are all acquainted with the phrase the sanctity of marriage. We understand that the vows made by a couple at the wedding ceremony is sacrosanct, and if those vows are not taken seriously, or abused in any way, then the offending spouse will be penalized and evicted from the marital relationship. Likewise, justice should be handled in the same manner and with the same intensity. America prides itself on having the best legal system in the world. It broadcasts to all the surrounding nations that its ...


Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos Dec 2010

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we ...


Commercial Surrogacy: Is Regulation Necessary To Manage The Industry?, Cara M. Luckey Dec 2010

Commercial Surrogacy: Is Regulation Necessary To Manage The Industry?, Cara M. Luckey

Cara M Luckey

This paper discusses legal and ethical issues involved with commercial surrogacy both within the United States and Internationally. Inconsistencies in laws create an increased potential for the exploitation of the parties involved in a surrogacy agreement. The validity of contracts varies between states and certain countries that allow surrogacy do not adequately protect the surrogate mothers. As this field of Assisted Reproductive Technology becomes more prevalent, the need for effective regulation of commercial surrogacy is essential.


Extract From United States Code Annotated, Section On Article Ii, Section 1, Clause 7, Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman Dec 2010

Extract From United States Code Annotated, Section On Article Ii, Section 1, Clause 7, Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman

Seth Barrett Tillman

Extract from United States Code Annotated, Section on Article II, Section 1, Clause 7, citing Tillman & Tillman's "A Fragment on Shall and May". Fragment cites Clause 8 (Presidential Oath Clause), but Westlaw has recharacterized that clause as Clause 7.

[December 28, 2010]


10cv7727, Us Dist. Ct., N. Illinois, Plaintiffs’ Brief As To Motion (Doc 4) & Prayer For Injunctive Relief & Declaratory Ruling That The 12,500 Signature Ballot Access Requirement Is Unconstitutional, Christopher C. Cooper Dr. Dec 2010

10cv7727, Us Dist. Ct., N. Illinois, Plaintiffs’ Brief As To Motion (Doc 4) & Prayer For Injunctive Relief & Declaratory Ruling That The 12,500 Signature Ballot Access Requirement Is Unconstitutional, Christopher C. Cooper Dr.

Christopher C. Cooper Dr.

Recall, a court's “inquiry into the propriety of a state election law depends upon the extent to which a challenged regulation burdens First and Fourteenth Amendment rights." Burdick, 504 U.S. at 434. Plaintiffs contend that there is no doubt that the 12,500 signature requirement burdens the First and Fourteenth Amendments. The extent of the burden is tremendous for the reasons enunciated, in particular how the requirement tramples on the right of freedom of political of association. The 12,500 signature requirement severely burdens First and Fourteenth Amendment rights and are not narrowly drawn to advance Illinois's ...


Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman Dec 2010

Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman Dec 2010

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Addendum: Civil Rights In Jeopardy, Martin A. Schwartz, Eileen Kaufman Dec 2010

Addendum: Civil Rights In Jeopardy, Martin A. Schwartz, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Eminent Need: Proposing A Market Participation Exception For Municipal Parker Immunity, Scott B. Weese Dec 2010

Eminent Need: Proposing A Market Participation Exception For Municipal Parker Immunity, Scott B. Weese

Scott B Weese

A township is using its eminent domain powers to become a monopsony in the real estate market for the designated area. That township’s monopsony power is then being exploited to create a price-fixing scheme that would violate antitrust laws, either as a per se violation under § 1 of the Sherman Antitrust Act, or as a monopolizing or attempted monopolizing offense under § 2. Under the Sherman Act, effected residents could force the township to appraise each property individually and pay the full market value; if the township refused, they would be subject to the treble damage penalty, erasing any possible ...