Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (415)
- Social and Behavioral Sciences (395)
- International Law (327)
- Law and Society (255)
- Human Rights Law (225)
-
- Intellectual Property Law (214)
- Law and Economics (208)
- Criminal Law (202)
- Legal History (201)
- Comparative and Foreign Law (188)
- Civil Rights and Discrimination (183)
- Contracts (170)
- Legal Education (170)
- Commercial Law (169)
- Environmental Law (166)
- Legal Writing and Research (160)
- Business Organizations Law (159)
- Jurisprudence (152)
- Arts and Humanities (145)
- International Trade Law (139)
- Public Affairs, Public Policy and Public Administration (133)
- Health Law and Policy (131)
- Legal Ethics and Professional Responsibility (130)
- Political Science (126)
- Business (123)
- Public Law and Legal Theory (119)
- Economics (113)
- Administrative Law (111)
- Labor and Employment Law (108)
- Institution
-
- Selected Works (2666)
- SelectedWorks (1982)
- Latin American and Caribbean Law and Economics Association (18)
- The University of Akron (10)
- Liberty University (8)
-
- Widener Law (7)
- Florida Coastal School of Law (5)
- Nova Southeastern University (5)
- School of Education and Human Development at the University of Colorado Denver (5)
- Lincoln Memorial University - Duncan School of Law (4)
- University of Kentucky (4)
- Arizona Summit Law School (3)
- Chapman University Dale E. Fowler School of Law (2)
- Charleston School of Law (2)
- DePaul University (2)
- Duquesne University School of Law (2)
- Oklahoma City University School of Law (2)
- Penn State Law (2)
- University of Iowa (2)
- University of Manitoba School of Law (2)
- Boise State University (1)
- Chicago-Kent College of Law (1)
- Drexel University Thomas R. Kline School of Law (1)
- Embry-Riddle Aeronautical University (1)
- Georgia State University College of Law (1)
- Howard University (1)
- Iowa State University (1)
- Northeastern University (1)
- Oklahoma City University (1)
- Phoenix School of Law (1)
- Keyword
-
- Constitutional Law (483)
- International Law (353)
- Law and Society (331)
- Civil Rights (253)
- Criminal Law and Procedure (202)
-
- Jurisprudence (186)
- Law and Economics (183)
- Environmental Law (176)
- Human Rights Law (159)
- Public Law and Legal Theory (157)
- Intellectual Property Law (155)
- Legislation (152)
- Comparative Law (151)
- Politics (150)
- Law and Technology (148)
- Health Law and Policy (147)
- Courts (138)
- Economics (138)
- Corporations (137)
- Legal History (125)
- General Law (120)
- Contracts (102)
- Judges (102)
- Women (101)
- Administrative Law (100)
- Property-Personal and Real (98)
- Torts (98)
- Commercial Law (93)
- Banking and Finance (92)
- Legal Education (92)
- Publication
-
- George P Smith (45)
- Samuel J. Levine (44)
- Kent Greenfield (39)
- Seth Barrett Tillman (36)
- Carrie Leonetti (35)
-
- Frank J. Garcia (29)
- Zygmunt J.B. Plater (29)
- Paulo Ferreira da Cunha (28)
- Warwick Gullett (28)
- Diane Hoffmann (27)
- Maxwell O. Chibundu (26)
- Martin A. Schwartz (25)
- Valerio Sangiovanni (24)
- Deborah W. Post (23)
- Daniel S. Goldberg (20)
- Richard Daniel Klein (19)
- Eileen Kaufman (18)
- Cheng L Saw (17)
- Daniel Echaiz Moreno (17)
- Daniel Kanstroom (17)
- Robert M. Bloom (17)
- David A. Wirth (15)
- David D. Caron (15)
- Peter K. Yu (15)
- Daniel Lyons (14)
- Daniel R. Coquillette (14)
- James S. Rogers (14)
- Louise Harmon (14)
- Peter Dreier (14)
- Alan E Garfield (13)
Articles 1 - 30 of 4755
Full-Text Articles in Law
Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel
Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel
David C. Brown
Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about …
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
David C. Brown
The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …
A Comparative Approach To Coordination: How Apes, Monkeys And Humans Respond To An Assurance Game With Equivalent Procedures, Bart Wilson, Sarah Brosnan
A Comparative Approach To Coordination: How Apes, Monkeys And Humans Respond To An Assurance Game With Equivalent Procedures, Bart Wilson, Sarah Brosnan
Bart J Wilson
Our research directly compares coordinated decision making across the entire primate lineage, including a new-world monkey, an old-world monkey, an ape, and humans, to help understand how decision making is different between these species. We find that the ability to coordinate on a mutually beneficial decision does vary across species, that there is variability within each taxonomic group, and that this variation overlaps between groups. Each species represents a continuum, with pairs of each species ranging from random outcomes to those which coordinate on the payoff dominant outcome. What differs is the frequency of payoff dominant outcomes within each species.
An Experiment On Protecting Intellectual Property, Bart Wilson
An Experiment On Protecting Intellectual Property, Bart Wilson
Bart J Wilson
We conduct a laboratory experiment to explore whether the protection of intellectual property (IP) incentivizes people to create non-rivalrous knowledge goods, foregoing the production of other rivalrous goods. In the contrasting treatment with no IP protection, participants are free to resell and remake non-rivalrous knowledge goods originally created by others. We find that creators reap substantial profits when IP is protected and that rampant pirating is not uncommon when there is no IP protection. But most importantly, we find that IP protection in and of itself is neither necessary nor sufficient for generating wealth from the discovery of knowledge goods.
Horizontal Product Differentiation In Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas
Horizontal Product Differentiation In Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas
Bart J Wilson
We experimentally compare first-price auctions and multilateral negotiations after introducing horizontal product differentiation into a standard procurement setting. Both institutions yield identical surplus for the buyer, a difference from prior findings with homogeneous products that results from differentiation’s influence on sellers’ pricing behavior. The data are consistent with this finding being driven by concessions from low-cost sellers in response to differentiation reducing their likelihood of being the buyer’s surplus-maximizing trading partner. Further analysis shows that introducing product differentiation increases or leaves unchanged the intensity of price competition among sellers, which contrasts with the conventional wisdom that product differentiation softens competition.
Using Experimental Economics To Understand Competition, Bart Wilson
Using Experimental Economics To Understand Competition, Bart Wilson
Bart J Wilson
No abstract provided.
Geography And Social Networks In Nascent Distal Exchange, Bart Wilson, Erik Kimbrough
Geography And Social Networks In Nascent Distal Exchange, Bart Wilson, Erik Kimbrough
Bart J Wilson
No abstract provided.
Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom
Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom
Robert Bloom
No abstract provided.
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
Robert Bloom
The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of Nations which …
The Right To Die: Themes And Variations, Charles Baron
The Right To Die: Themes And Variations, Charles Baron
Charles H. Baron
No abstract provided.
Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan
Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan
Wai Yee WAN
Section 76 of the Companies Act prohibits the giving by a company of financial assistance for the purpose of or in connection with the acquisition of its own shares. This penal provision is highly controversial in view of its breadth and uncertainty in its application. In the recent criminal prosecution of PP v Lew Syn Pau and in the recent civil litigation of Wu Yang Construction Group v Zhejiang Jinyi Group Co, Ltd, the Singapore High Court had to determine the scope of the prohibition under s 76 of the Companies Act. This case comment examines the two Singapore decisions …
Commentary On Recommendations On Prohibition Of Financial Assistance: A Response To Consultation Paper: Report Of The Steering Committee For Review Of The Companies Act, Wai Yee Wan
Wai Yee WAN
This is a commentary on the recommendations on prohibition of financial assistance in the Report of the Steering Committee for Review of the Companies Act
Sistema Brasileiro De Provas, Nelson Rodrigues Netto
Sistema Brasileiro De Provas, Nelson Rodrigues Netto
Nelson Rodrigues Netto
No abstract provided.
The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush
The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush
Gregory A. Lush
No abstract provided.
The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush
The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush
Gregory A. Lush
3. A Vehicle Miles Tax Reduces Manufacturer Incentives to Build Electric Vehicles
It follows that if consumers have few incentives to buy electric vehicles, manufacturers will have less of an incentive to make them. If electric cars were not in demand, then why would anyone make them and try to sell them? In a market that is finding electric vehicles to be a tough sell, we need to encourage the sale and production of electric vehicles as much as possible. The effect of enacting a mileage-based tax will be the attrition of automakers producing electric vehicles, furthering the nation’s dependency …
Quem Defende A Constituição?, Paulo Ferreira Da Cunha
Quem Defende A Constituição?, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
A fase actual de ataque à Constituição parece ser a de legislar sem lhe prestar atenção, esperando que ninguém se lembre que existe, e ninguém levante questões de inconstitucionalidade. 2012 vai ser um ano em que se vão tirar as teimas sobre quem defende e quem não defende a Constituição. Feliz Ano Novo, com controlo da Constitucionalidade!
A Suggestion For An Impeccable Logical Integrity; Legal Errors Contained In Some Emotional Assertions Emphasizing The Meaning Of Scapin677, Young K. Kim
Young K Kim
SCAPIN677, the occupying commander's directive in 1946, has decisive meanings and very important logical function in interpreting the 1951 San Francisco Peace Treaty . It, as a normative fact, not as any rule of law, has eventually acknowledged the separation of Dokdo from Japanese jurisdiction.
The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Karolina Mik
The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Karolina Mik
Eliza Mik
The ‘traditional’ classi?cation into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous, the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication process. The latter resembles either dealings face-to-face or dealings at a distance. This simple division should remain the basis for all analyses. Instantaneity and control are two of many characteristics of face-to-face dealings and are not the only factors to be taken into account when making the choice between the …
The Unimportance Of Being "Electronic" Or Popular Misconceptions About “Internet Contracting”, Eliza Mik
The Unimportance Of Being "Electronic" Or Popular Misconceptions About “Internet Contracting”, Eliza Mik
Eliza Mik
Existing e-commerce literature abounds with misconceptions regarding both technology and contract law. Long-standing legal concepts are adorned with “e-” or “cyber-” to appear more exciting. The traditional contractual regime issupplanted with new principles instead of being supplemented with technological considerations. It is one thing, to include technology in legal analyses, it is another to create separate, technology-specific categories. Separate categories justify the departure from traditional principles. Most, if not all, alleged “challenges” created by new communication scenarios fit within the existing legal framework, technological complexity and novelty of the Internet notwithstanding. Most “challenges” are also unrelated to the fact that …
More Heat Than Light: A Critical Assessment Of The Gay Parenting Literature, 1995--2010, Douglas W. Allen Professor
More Heat Than Light: A Critical Assessment Of The Gay Parenting Literature, 1995--2010, Douglas W. Allen Professor
Douglas W Allen Professor
Since 1995 there have been fifty-two studies of gay parenting which include some type of child outcome measure. The vast majority of these studies conclude that children raised by gay parents perform as well, if not better, than their counterparts in heterosexual families. This conclusion, which may or may not be true, is not scientifically warranted due to the limitations of the studies These include: some results are misreported; the entire literature is exploratory in nature and made up of small qualitative samples, biased data, and other research design failures; the studies concentrate almost exclusively on lesbian families; and outcome …
Special Immigrant Juvenile Status: Problems With Substantive Immigration Law And Guidelines For Improvement, Maria V. Martorell
Special Immigrant Juvenile Status: Problems With Substantive Immigration Law And Guidelines For Improvement, Maria V. Martorell
Maria V Martorell
There is a long-standing tradition in the justice system of recognizing that legal matters involving minors are inherently different, requiring laws to protect children in the courthouse and in society. The juvenile system of justice began in the United States in 1824 and was designed for the benefit of children. The purpose of creating a separate system for juveniles was “(1) to separate children from adult offenders and (2) to rehabilitate” juveniles. Most juvenile courts have exclusive jurisdiction over the majority of cases involving minors, and these are transferred to the adult court system only when it “serve[s] the best …
The Information Era Threatens Privacy: A Comparative Study Of Electronic Money’S Privacy Policies And Privacy Laws, Guanru Liu
GUANRU LIU
This thesis consists of an analysis of electronic money (e-money), e-money’s privacy policies and relevant privacy laws. The value of information and the development of technology enhance the risk of privacy violations in the information era. Consumer privacy interests with respect to e-money are governed in part by the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada and by the European Union’s Data Protection Directive. The analysis is directed at whether the privacy policies of three kinds of e-money – Octopus Card, PayPal and MasterCard – comply with the spirit and letter of these laws. In light of …
The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia
The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Research And Resources: Where To Begin Researching Civil Rights Law
Research And Resources: Where To Begin Researching Civil Rights Law
Rebecca A. Mattson
No abstract provided.
Swimming Upstream: Negotiating Music Licenses For Interactive Streaming In The United States And Canada. How Copyrights Holders Can Participate In New Media And Still Protect Their Rights., Daniela Paola Oliva
Swimming Upstream: Negotiating Music Licenses For Interactive Streaming In The United States And Canada. How Copyrights Holders Can Participate In New Media And Still Protect Their Rights., Daniela Paola Oliva
Daniela Oliva
This article compares the music licensing process for interactive streaming in Canada and the United States. Unbeknownst to many, the process of acquiring a music license for interactive streaming in Canada and the United States is similar.
The unique portion of this article discusses the reasons why Canada may not have been the primary destination for interactive streaming companies. The article also discusses the benefits and windfalls of interactive streaming. Ultimately, copyright holders have the ability to negotiate with interactive streaming companies to attempt to receive a fair licensing rate. This article emphasizes that copyright holders should familiarize themselves with …
Banning Churches From Meeting In New York Public Schools, Neil J. Foster
Banning Churches From Meeting In New York Public Schools, Neil J. Foster
Neil J Foster
Discusses and critiques a recent US court decision upholding the banning of a church meeting in a public school on the weekend.
De Rechtsstaat In Cyberspace?, Mireille Hildebrandt
De Rechtsstaat In Cyberspace?, Mireille Hildebrandt
Mireille Hildebrandt
Cyberspace is inmiddels overal. Wat tien jaar geleden misschien nog een aparte niet-fysieke wereld leek waar niemand wist dat je een hond was, gaat steeds meer lijken op een verzameling onderling verbonden dorpspleinen. Met dien verstande dat alles wat iedereen doet permanent wordt opgenomen, opgeslagen en doorzocht op betekenisvolle patronen. Steeds meer personen, organisaties maar ook dingen raken verbonden via het internet. De Internationale Telecommunicatie Unie sprak in 2005 van het ‘internet van de dingen’, om aan te geven dat binnen afzienbare tijd alles overal (‘everyware’) via draadloze identificatiesystemen traceerbaar is. Intussen raakt iedereen via de smartphone ‘always on(line)’. Deze …
A Constituição Laboral Em Alto Risco, Paulo Ferreira Da Cunha
A Constituição Laboral Em Alto Risco, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
A Constituição labora está a ser vítima de graves ataques. Já quase se pode ler o texto da nossa Constituição como se fora uma utopia de um país distante. Arriscamo-nos, por este caminho, a ter uma constituição nominal ou semântica, não normativa, não efectiva. E contudo ainda existe o texto, ainda existe o princípio da proibição do retrocesso, ainda existe um Tribunal Constitucional.
Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen
Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen
Dan Danielsen
The recent economic crisis has demonstrated with startling clarity the importance of developing a more robust framework for assessing the effects of national rules on global welfare. For more than fifty years, law and economics scholars have examined the effects of domestic legal rules on economic activity and general welfare in the United States. More recently, international law scholars have begun to use economic methods to analyze the international legal order. In this article I survey this evolving body of “international law and economics scholarship” with a view to articulating its principle methodological innovations as well as assessing its contributions …
Local Rules And A Global Economy: An Economic Policy Perspective, Dan Danielsen
Local Rules And A Global Economy: An Economic Policy Perspective, Dan Danielsen
Dan Danielsen
This article explores the growing significance and theoretical implications of ‘local rules’—such as Chinese labour standards, US financial regulation and Swiss bank secrecy rules—in the global economy. In particular, the argument developed is that Ronald Coase’s framework for analysing the effects of legal rules on economic welfare can help to reveal important weaknesses in current international legal approaches to analysing the transnational impact of local rules as well as contribute to a ‘global economic policy perspective’ better attuned to problems of power in the global regulatory order. Such a perspective will help us to see the effects of power differences …