Law Commons^™

Database Protection In A Global Economy, Jerome H. Reichman

Faculty Scholarship

In 1996, a database treaty that the European Commission had put forward, in connection with the WIPO negotiations on transmissions in cyberspace, ultimately failed to win the support of other regional groups. Since then, the inability of the United States Congress to enact any form of database legislation has stymied further multilateral undertakings on this topic. This impasse may soon be broken, however, owing to the change of Administrations and to the appointment of new committee chairmen in the United States House of Representatives.

This article will discuss the prospects for an international regulatory framework for non copyrightable databases in …

The Positive Political Theory Of Cost-Benefit Analysis: A Comment On Johnston, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Lobbying And Information In Politics, John M. De Figueiredo

Faculty Scholarship

No abstract provided.

Choice Of Law Problems Arising When Unmarried Cohabitants Change Domicile, William A. Reppy Jr.

Faculty Scholarship

This article explores choice of law problems that will arise when a court determines the property-based claims between cohabitants in situations where the pair began their cohabitation in one state before at least one of them moved to another state and after the breakup of the couple or the death of one of them. These choice of law issues affecting cohabitants are far more complex than the conflict of laws issues arrising when lawfully married couples change domicile, primarily because of lack of agreement among the states as to what legal theory controls the rights of unmarried cohabitants.

Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Does Federalism Advance Liberty?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Community Enforcement Of Informal Contracts: Jewish Diamond Merchants In New York, Barak D. Richman

Faculty Scholarship

The diamond industry is home to many unusual features: the predominance of an ethnically homogeneous community of merchants, the norm of intergenerational family businesses, and a rejection of public courts in favor of private contract enforcement. This paper explains that the diamond industry's unique attributes arise specifically to meet the particularly rigorous hazards of transacting in diamonds. Since diamonds are portable, easily concealable, and extremely valuable, the risk associated with a credit sale can be especially costly. However, the industry enjoys valuable organizational efficiencies if transactions occur on credit between independent, fully incentivized agents. Thus, an efficient system of exchange …

The Impact Of Bankruptcy Reform On “True Sale” Determination In Securitization Transactions, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Private Ordering Of Public Markets: The Rating Agency Paradox, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Regulatory Traffic Jams, James Salzman, J.B. Ruhl, Kai-Sheng Song

Faculty Scholarship

No abstract provided.

Im Westen Nichts Neues? Zum Stand Der Rechtsvergleichung 100 Jahre Nach Dem Pariser Kongress - Gedanken Anlasslich Einer Jubilaumskonferenz In New Orleans [Nothing New In The West? On The State Of Comparative Law 100 Years After The Paris Congress - Reflections On The Occasion Of A Centennial Conference In New Orleans], Ralf Michaels

Faculty Scholarship

No abstract provided.

Designing Global Climate Regulation, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.

How Do Judges Maximize? (The Same Way Everybody Else Does - Boundedly): Rules Of Thumb In Securities Fraud Opinions, Mitu Gulati, Stephen M. Bainbridge

Faculty Scholarship

Judicial opinions in securities fraud class actions frequently do not conform to standard theories of adjudication. Instead of the complex modes of legal reasoning predicted by standard models, decisions in this area commonly rely on rules of thumb - decisionmaking heuristics or shortcuts. To the extent prior literature has focused on the use of decisionmaking heuristics in adjudication, commentators have emphasized procedural shortcuts, such as the doctrine whereby courts refuse to address issues that have not been squarely argued. In contrast, the heuristics we identify are substantive law doctrinal rules of thumb enabling a judge to avoid analysis of a …

What Are Larry’S Criteria For Good Corporate Law?, Mitu Gulati

Faculty Scholarship

No abstract provided.

Union Lawyers And Employment Law, Catherine Fisk

Faculty Scholarship

No abstract provided.

Many Unhappy Returns: Estate Tax Returns Of Married Decendents, Richard L. Schmalbeck, Jay A. Soled

Faculty Scholarship

No abstract provided.

Enron And The Use And Abuse Of Special Purpose Entities In Corporate Structures, Steven L. Schwarcz

Faculty Scholarship

This essay examines, what, if anything, differentiates Enron's questionable use of off-balance-sheet special purpose entries, or SPEs, from the trillions of dollars of supposedly "legitimate" securitization and other structured finance transactions that use SPEs. The inquiry is important because the absence of meaningful differences would call all these transactions into question, whereas the presence of meaningful differences may inform regulatory schemes by providing a basis to distinguish which structured finance transactions should be allowed. This Essay also introduces the dilemma that some structured finance transactions are so complex that disclosure to investors in the sponsoring company is necessarily imperfect -- …

Balancing Copyright Protections And Freedom Of Speech: Why The Copyright Extension Act Is Unconstitutional, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Military Commissions And The War On Terrorism, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

Judicial Activism And Conservative Politics, Ernest A. Young

Faculty Scholarship

No abstract provided.

The Consequences Of Enlisting Federal Grand Juries In The War On Terrorism: Assessing The Usa Patriot Act’S Changes To Grand Jury Secrecy, Sara Sun Beale, James E. Felman

Faculty Scholarship

No abstract provided.

A "Freshman" Takes Charge: Judge John J. Parker Of The United States Court Of Appeals, 1925-1930, Peter G. Fish

Faculty Scholarship

No abstract provided.

The Rhetoric Of Constitutional Law, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Tragedy Of The Asbestos Commons, Francis Mcgovern

Faculty Scholarship

No abstract provided.

Case Studies Of Pre- And Mid-Trial Prejudice In Criminal And Civil Litigation, Neil Vidmar

Faculty Scholarship

This article presents a number of case studies involving pre- and mid-trial prejudice in criminal and civil litigation. The cases reveal deficiencies in the way that prejudicial publicity has been conceptualized and operationalized in many simulation experiments. The studies reveal that potential juror prejudices that concern lawyers and judges involve more than just main effects of mass media. Pre- and mid-trial prejudice also involves more general prejudices, gossip and rumor, the assertion of community normative values about justice, and conformity pressures. Four categories of prejudice recognized in American law are described and labeled: interest, specific, generic and conformity prejudice. The …

Retributive Justice: Its Social Context, Neil Vidmar

Faculty Scholarship

Until relatively recently, social psychologists have given less attention to retributive justice than to other forms of justice, such as distributive and procedural justice. Although interest in retributive justice is increasing, the fact remains that social psychological research on retribution has tended to ignore, or at least downplay, the insights of sociologists in deference to an approach that examines how individuals respond to deviant acts. Without rejecting psycholgical analyses, this chpater draws attention to the social context and social consequences of retributive justice. Group dynamics are at play in a wide array of settings in which people respond to rule …

Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Giants In A World Of Pygmies? Testing The Superstar Hypothesis With Judicial Opinions In Casebooks, Mitu Gulati, Veronica Sanchez

Faculty Scholarship

No abstract provided.

World War Ii Compensation And Foreign Relations Federalism, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Environmental Compliance: Another Integrity Crisis Or Too Many Rules?, James Salzman, J.B. Ruhl, Kai-Sheng Song, Han Yu

Faculty Scholarship

No abstract provided.