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2002

Discipline
Institution
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Articles 31 - 60 of 124

Full-Text Articles in Law

Never Trust A Corporation, William Wilson Bratton Jan 2002

Never Trust A Corporation, William Wilson Bratton

Articles

No abstract provided.


Venture Capital On The Downside: Preferred Stock And Corporate Control, William Wilson Bratton Jan 2002

Venture Capital On The Downside: Preferred Stock And Corporate Control, William Wilson Bratton

Articles

No abstract provided.


What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt Jan 2002

What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt

Articles

No abstract provided.


"We Must Be Hunters Of Meaning": Race, Metaphor, And The Models Of Steven Winter, D. Marvin Jones Jan 2002

"We Must Be Hunters Of Meaning": Race, Metaphor, And The Models Of Steven Winter, D. Marvin Jones

Articles

No abstract provided.


Barely At The Margins: Race And Ethnicity In Legal Education -- A Curricular Study With Latcritical Commentary, Francisco Valdes Jan 2002

Barely At The Margins: Race And Ethnicity In Legal Education -- A Curricular Study With Latcritical Commentary, Francisco Valdes

Articles

No abstract provided.


Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin Jan 2002

Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin

Articles

No abstract provided.


Form And Substance In Cyberspace, A. Michael Froomkin Jan 2002

Form And Substance In Cyberspace, A. Michael Froomkin

Articles

In this Response to the preceding article by Joe Sims and Cynthia Bauerly, A. Michael Froomkin defends his earlier critique of ICANN. This Response first summarizes the arguments in Wrong Turn In Cyberspace, which explained why ICANN lacks procedural and substantive legitimacy. This Response focuses on how the U.S. government continues to assert control over the domain name system, and how this control violates the APA, the nondelegation doctrine as articulated by the Supreme Court in Carter Coal, and public policy. Professor Froomkin then proposes that ICANN's role be more narrowly focused away from policy making towards true ...


"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen Jan 2002

"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen

Articles

No abstract provided.


Private Pathologies And Public Policies: Race, Class, And The Failure Of Child Welfare (Book Review), Charlton C. Copeland Jan 2002

Private Pathologies And Public Policies: Race, Class, And The Failure Of Child Welfare (Book Review), Charlton C. Copeland

Articles

No abstract provided.


The"Grand Prince" (Belize V. France).Judgment. Itlos Case No. 8. At'. International Tribunal For The Law Of The Sea, April 20, 2001., Bernard H. Oxman, Vincent P. Bantz Jan 2002

The"Grand Prince" (Belize V. France).Judgment. Itlos Case No. 8. At'. International Tribunal For The Law Of The Sea, April 20, 2001., Bernard H. Oxman, Vincent P. Bantz

Articles

No abstract provided.


Default Rules In Sales And The Myth Of Contracting Out, James J. White Jan 2002

Default Rules In Sales And The Myth Of Contracting Out, James J. White

Articles

In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.


Lord Elgin And The Ottomans: The Question Of Permission, David Rudenstine Jan 2002

Lord Elgin And The Ottomans: The Question Of Permission, David Rudenstine

Articles

No abstract provided.


Intergroup Rivalry, Anti-Competetive Conduct And Affirmative Action, Michelle Adams Jan 2002

Intergroup Rivalry, Anti-Competetive Conduct And Affirmative Action, Michelle Adams

Articles

Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group ...


The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz Jan 2002

The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz

Articles

No abstract provided.


Hegel’S Theory Of Quantity, David Gray Carlson Jan 2002

Hegel’S Theory Of Quantity, David Gray Carlson

Articles

Prior to Hegel's time, no philosopher had ever tried to state what "quantity" or "number" was. Hegel undertakes a monumental definition in some of his longest chapters in the Science of Logic. In this paper, the author describes the nature of Hegel's project and how Hegel derives "quantity" from the more primitive concept of "quality." The author also reviews Hegel's critique of calculus, which hereto has received very little attention in English. Finally the author shows how, according to Hegel, the concept of "measure" derives from the unity of quality and quantity. This is the second in ...


How The Electoral College Imitates The World Series, Michael Herz Jan 2002

How The Electoral College Imitates The World Series, Michael Herz

Articles

No abstract provided.


The Application Of The Foreign Sovereign Immunities Act To Anaction Against The French Railroad For Transporting Thousandsof Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam Jan 2002

The Application Of The Foreign Sovereign Immunities Act To Anaction Against The French Railroad For Transporting Thousandsof Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam

Articles

No abstract provided.


Solving The Apprendi Puzzle, Kyron Huigens Jan 2002

Solving The Apprendi Puzzle, Kyron Huigens

Articles

No abstract provided.


Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld Jan 2002

Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld

Articles

No abstract provided.


Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder Jan 2002

Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder

Articles

Judge Richard A. Posner - the doyen of the law and economics movement - is probably the leading proponent of the hypothesis that legal subjects act as if they were economically rational. Over the years, however, Posner's conception of rationality has devolved from end-means reasoning by a conscious individual human actor, to unconscious instinct which is, nevertheless, beneficial to an individual subject (animal or human) to the mechanistic reproductive activity of individual genes which may or may not be beneficial to either the organism of which the gene is a part - or even to the gene itself. Indeed, all that seems ...


Cartography Of Governance: An Introduction, Lakshman D. Guruswamy Jan 2002

Cartography Of Governance: An Introduction, Lakshman D. Guruswamy

Articles

No abstract provided.


What Bush V. Gore Means For Elections In The 21st Century, Helen Norton Jan 2002

What Bush V. Gore Means For Elections In The 21st Century, Helen Norton

Articles

No abstract provided.


The Once And Future Property Tax: A Dialogue With My Younger Self, Edward A. Zelinsky Jan 2002

The Once And Future Property Tax: A Dialogue With My Younger Self, Edward A. Zelinsky

Articles

As I look back on my youth (expansively defined as the first 40 years of my life), everywhere I went, the local real property tax was perceived as both bad and doomed. If I could speak with the brash young law student/graduate student/alderman I once was, he would undoubtedly tell me, with great confidence, that by the beginning of the next century (which then seemed very far away) the property tax would no longer play a role in the system of local public finance.

Alas, he was wrong.

This essay explains why the young man I once was ...


Rulemaking, Michael Herz Jan 2002

Rulemaking, Michael Herz

Articles

No abstract provided.


International Environmental Law And Emotional Rational Choice, Peter H. Huang Jan 2002

International Environmental Law And Emotional Rational Choice, Peter H. Huang

Articles

This paper considers how emotions can foster compliance by rational actors with international environmental law. Many environmental issues are highly emotionally charged. Both supporters of and opponents to international environmental law often feel very strongly about their positions and views. A psychological game-theoretic model focuses on the disciplinary role that losing face may play in compliance with international environmental law. This model implies that non-compliance, especially by high-profile international actors, should be highly and swiftly publicized upon detection and verification. The model also explains why actors care so much about soft, that is, non-binding international environmental law, such as international ...


(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah Jan 2002

(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah

Articles

What is the relationship between the international tax regime, as embodied in bilateral international tax treaties, and multilateral free trade agreements like the General Agreement on Tariffs and Trade (GATr)?' Are their fundamental goals consistent or inconsistent? If they are inconsistent, should the tax treaties or the GATT be changed to remedy the inconsistency? If they are consistent, should the scope of either be expanded to include the other?


Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet Jan 2002

Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet

Articles

No abstract provided.


Banking For The Unbanked, Michael S. Barr Jan 2002

Banking For The Unbanked, Michael S. Barr

Articles

The consequences of not having access to mainstream financial services can be severe. Fim, the "unbanked" face high costs for basic financial servies. For example, a 2000 Treasury [U.S. Treasury Department] study found that a worker eaming $12,000 a year would pay approximately $250 annually just to cash payroll checks at a check cashing outlet, in addition to fees for money orders, wire transfers, bill payments, and other common transactions. Regular payments with low credit risk that could be directly deposited into bank accounts, with significantly lower payment systems costs, form the bulk of checks cashed at these ...


Public Vs. Proprietary Science: A Fruitful Tension?, Rebecca S. Eisenberg, Richard R. Nelson Jan 2002

Public Vs. Proprietary Science: A Fruitful Tension?, Rebecca S. Eisenberg, Richard R. Nelson

Articles

What should be public and what should be private in scientific research? The competitive sprint of public and private laboratories to complete the sequence of the human genome has brought this question to the fore. The same question frames the developing struggle over terms of access to human embryonic stem cell lines and the conflict between Microsoft and the open source movement over how best to promote software development. We expect such conflicts to become more widespread as the role of for-profit research expands in a broader range of scientific fields. Will science progress more swiftly and fruitfully if its ...


Beyond Interpretation, Pierre Schlag Jan 2002

Beyond Interpretation, Pierre Schlag

Articles

No abstract provided.