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2002

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Articles 1 - 30 of 3394

Full-Text Articles in Law

Computer Attacks On Critical National Infrastructure: A Use Of Force Invoking The Right Of Self-Defense, Eric Talbot Jensen Dec 2002

Computer Attacks On Critical National Infrastructure: A Use Of Force Invoking The Right Of Self-Defense, Eric Talbot Jensen

Faculty Scholarship

Computer networks create tremendously increased capabilities but also represent equally increased vulnerabilities. These vulnerabilites are especially acute in relation to potential attacks on critical national infrasturucture. This Article proposes that international law must evolve to recognize that attacks against a nation's critical national infrastructure from any source constitute a use of force. Such attacks, therefore, give the victim state the right to proportional self-defense - including anticipatory self-defense - even if the computer network attack is not an armed attack under Article 51 of the United Nations Charter. Due to the instantaneous nature of computer network attacks, the right to respond ...


Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt Dec 2002

Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Small Business, Economic Growth, And The Huffman Conjecture, George L. Priest Dec 2002

Small Business, Economic Growth, And The Huffman Conjecture, George L. Priest

Faculty Scholarship Series

This Essay examines the role of small business in the process of economic growth and the effects of increasing regulation and civil liability. First, the Essay explores the basic mechanisms of economic growth in society and explains how small business, as opposed to large business, contributes to economic growth. Next, the Essay analyzes to what extent increased regulation and civil liability disproportionately impacts small business operations and the effectiveness of various Congressional benefits and preferences toward small business in relieving these perceived burdens. Finally, Priest applies this analysis to various issues attending the role of small business in economic growth ...


Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy Dec 2002

Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy

All Faculty Scholarship

Over the past few months, we have learned much about the violent, troubled life of sniper suspect John Allen Muhammad. Whether or not he pulled the trigger - some recent reports have pointed to his 17-year-old companion Lee Boyd Malvo as the main shooter - there is no doubt in the minds of domestic-violence experts that this adult is responsible for these deaths.

While many pundits conclude that we will never know what motivated the sniper suspect, to domestic violence experts his is an all-too-familiar story of a man whose relationships with the women and children - possibly including Malvo - in his life ...


Appeal No. 0709: Valley Enterprises V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2002

Appeal No. 0709: Valley Enterprises V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2002-11


Back To The 1930s? The Shaky Case For Exempting Dividends, Reuven S. Avi-Yonah Dec 2002

Back To The 1930s? The Shaky Case For Exempting Dividends, Reuven S. Avi-Yonah

Articles

This article is based in part on the author’s U.S. Branch Report for Subject I of the 2003 Annual Congress of the International Fiscal Association, to be held next year in Sydney, Australia (forthcoming in Cahiers de droit fiscal international, 2003). He would like to thank Emil Sunley for his helpful comments on that earlier version, and Steve Bank, Michael Barr, David Bradford, Michael Graetz, and David Hasen for comments on this version. Special thanks are due to Yoram Keinan for his meticulous work on the EU regimes (see Appendix). All errors are the author’s. In this ...


The Role Of Ministers And Church Groups In The Hartford Civil Rights Movement, Ryan Lerner Dec 2002

The Role Of Ministers And Church Groups In The Hartford Civil Rights Movement, Ryan Lerner

Hartford Studies Collection: Papers by Students and Faculty

No abstract provided.


Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon Dec 2002

Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon

Pace Law Faculty Publications

This article tells the story of the town of Warwick, a rapidly developing town in Orange County, New York, made up of three separate villages. Warwick’s proactive measures to prevent the sprawl development phenomenon through the use of an intermunicipal compact was met with much opposition by the three individual village governments, as well as individual citizens. Through the use of mediation, a popular alternative resolution dispute method, representatives from the villages negotiated an intermunicpal plan that satisfied the needs all three villages, while still meeting the original objectives of preserving open space, scenic views, and agricultural lands.


After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr. Dec 2002

After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.


2002 Academic Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University Dec 2002

2002 Academic Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University

NSU Commencement Programs

No abstract provided.


The Logic Of Reciprocity: Trust, Collective Action, And Law, Dan M. Kahan Dec 2002

The Logic Of Reciprocity: Trust, Collective Action, And Law, Dan M. Kahan

John M. Olin Center for Studies in Law, Economics, and Public Policy Working Papers

The Logic of Collective Action has for decades supplied the logic of public policy analysis. In this pioneering application of public choice theory, Mancur Olson ele gantly punctured the premise -- shared by a diverse variety of political theories -- that individuals can be expected to act consistently with the interest of the groups to which they belong. Absent externally imposed incentives, wealth-maximizing individuals, he argued, will rarely find it in their interest to contribute to goods that benefit the group as a whole, but rather will "free ride" on the contributions that other group members make. As a result, too few ...


Vol. 23, No. 15 (December 9, 2002) Dec 2002

Vol. 23, No. 15 (December 9, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 53, No. 6, December 3, 2002, University Of Michigan Law School Dec 2002

Vol. 53, No. 6, December 3, 2002, University Of Michigan Law School

Res Gestae

•Clothing Drive Succeeds Again •Faculty Profile: Andy Buchsbaum •Asst. AG, Former Prof. Returns to Speak at UMLS •Law School to Build Big •CrimLaw Society Career Panel •Veteran Defender Gives Talk on Post-9/11 Detainees •Affirmative Action Insider Speaks •Crossword


Oral Argument In Meyer V. Holley (No. 01-1120), Robert G. Schwemm, Douglas G. Benedon, Malcolm L. Stewart Dec 2002

Oral Argument In Meyer V. Holley (No. 01-1120), Robert G. Schwemm, Douglas G. Benedon, Malcolm L. Stewart

Law Faculty Advocacy

The matter of Meyer v. Holley, 537 U.S. 280 (2003) was argued before the United States Supreme Court on Tuesday, December 3, 2002. Professor Robert G. Schwemm argued on behalf of the Respondents. This document is a transcript of the oral argument.


Vol. 23, No. 14 (December 2, 2002) Dec 2002

Vol. 23, No. 14 (December 2, 2002)

Indiana Law Annotated

No abstract provided.


The Weekly December 2, 2002, North Carolina Central School Of Law Dec 2002

The Weekly December 2, 2002, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.


Vol. 1, No. 01 (December 2002) Dec 2002

Vol. 1, No. 01 (December 2002)

Indiana Law Update

No abstract provided.


Sentencing Policies And Practices In International Criminal Tribunals, Mark A. Drumbl, Kenneth S. Gallant Dec 2002

Sentencing Policies And Practices In International Criminal Tribunals, Mark A. Drumbl, Kenneth S. Gallant

Faculty Scholarship

Not available.


Justice And Reasonable Care In Negligence Law, Richard W. Wright Dec 2002

Justice And Reasonable Care In Negligence Law, Richard W. Wright

All Faculty Scholarship

The academic literature generally assumes that an aggregate-risk-utility test is employed to determine whether conduct was reasonable or negligent. This aggregate-risk-utility test is a transparent implementation of the basic impartiality and aggregation principles of utilitarianism and the most popular (Kaldor-Hicks) interpretation of economic efficiency. Thus, the test's assumed prevalence as the criterion of reasonableness in negligence law has been highlighted by legal economists as confirmation of the utilitarian efficiency foundations of tort law, while those, including Ronald Dworkin, who think that the law, including tort law, is or should be grounded on principles of justice have sought to demonstrate ...


Negligence In The Courts: Introduction And Commentary, In Symposium, Negligence In The Courts: The Actual Practice, Richard W. Wright Dec 2002

Negligence In The Courts: Introduction And Commentary, In Symposium, Negligence In The Courts: The Actual Practice, Richard W. Wright

All Faculty Scholarship

This article is an introduction to and commentary on the contributions to a "Symposium on Negligence in the Courts: the Actual Practice." The contributors all conclude that the tests of negligence that are actually employed by the courts differ from the aggregate-risk-utility test that is generally assumed in the academic literature, including the Restatement of Torts. Patrick Kelley and Laurel Wendt's survey of all the standard jury instructions on negligence in the United States finds only one instruction, in Louisiana, that mentions a risk-utility or cost-benefit test of negligence, and that instruction merely suggests, as a discretionary option, the ...


Research To Practice: Collaboration Between Medicaid And Other State Agencies- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley Dec 2002

Research To Practice: Collaboration Between Medicaid And Other State Agencies- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley

Research to Practice Series, Institute for Community Inclusion

Many state Medicaid agencies are playing a greater role in multi-agency efforts to promote employment for people with disabilities. This brief uses data from the National Survey of State Systems and Employment for People with Disabilities to explore the varieties of collaboration Medicaid agencies are using and the agencies they are collaborating with.


Arbitration Of Employment-Discrimination Lawsuits: Legalities, Practicalities, And Realities, David Sherwyn Dec 2002

Arbitration Of Employment-Discrimination Lawsuits: Legalities, Practicalities, And Realities, David Sherwyn

Articles and Chapters

Arbitration agreements can be an effective, cost-effective way to settle employment disputes-but not all courts agree about what constitutes an enforceable contract.


Regulation Of The Global Marketplace For The Sake Of Health, Marion Danis, Amy J. Sepinwall Dec 2002

Regulation Of The Global Marketplace For The Sake Of Health, Marion Danis, Amy J. Sepinwall

Legal Studies and Business Ethics Papers

Mounting evidence suggests that socioeconomic status is a determinant of health. As nations around the globe increasingly rely on market-based economies, the corporate sector has come to have a powerful influence on the socioeconomic gradient in most nations and hence upon the health status of their populations. At the same time, it has become more difficult for any one nation to influence corporate activities, given the increasing ease with which corporations relocate their operations from country to country. As a result of all of these factors, nations wishing to assure the health of their populations will need to both involve ...


From Paper To Action: State-Level Interagency Agreements For Supported Employment Of People With Disabilities, Deborah Metzel, Susan M. Foley, John Butterworth Dec 2002

From Paper To Action: State-Level Interagency Agreements For Supported Employment Of People With Disabilities, Deborah Metzel, Susan M. Foley, John Butterworth

All Institute for Community Inclusion Publications

Over the past decade there has been an increasing national emphasis on the participation of individuals with disabilities in the labor force. This concern was recognized through Executive Order No. 13078 signed by President Bill Clinton in March 1998, establishing the Presidential Task Force on Employment of Adults with Disabilities. The Task Force was charged with a mission "to create a coordinated and aggressive policy to bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general adult population" (Section 1 (c)). Legislation and policy changes have also been directed ...


Societas Europaea: Harmonization Or Proliferation Of Corporations Law In The European Union?, J. M. Marychurch Dec 2002

Societas Europaea: Harmonization Or Proliferation Of Corporations Law In The European Union?, J. M. Marychurch

Faculty of Law - Papers (Archive)

A significant development was made recently to the range of corporate forms available to businesses operating in the European Union (EU). A company's incorporation, regulation and dissolution had hitherto been the sole domain of the EU's member states. On 8 October 2001, this changed when Council Regulation (EC) No 2157/ 2001 on the Statute for a European Company (the Regulation) was adopted, making the form of a European company or Societas Europaea (SE) open to some businesses in the EU after the Regulation enters into effect. This article will examine the form and analyse the likely impact the ...


Ocean Zoning For The Gulf Of Maine: A Background Paper, Fara Courtney, Jack Wiggin Dec 2002

Ocean Zoning For The Gulf Of Maine: A Background Paper, Fara Courtney, Jack Wiggin

Urban Harbors Institute Publications

Coastal and ocean management is a constantly evolving practice. For at least two decades, coastal communities around the world have been experimenting with new ways to control a multitude of activities in their urban and rural harbors. The number and diversity of Marine Protected Areas are growing, with an increasing focus on protecting integrated biological communities, rather than individual species of concern. The United States and Canada are each developing new, comprehensive ocean polices, looking to better integrate management functions at all levels of government.

All of these initiatives – from local to national - reflect some common truths about the state ...


Into The Frying Pan: Standing And Privity Under The Telecommunications Act Of 1996 And Beyond, Richard A. Epstein Dec 2002

Into The Frying Pan: Standing And Privity Under The Telecommunications Act Of 1996 And Beyond, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Taxation And Risk-Taking With Multiple Tax Rates, David A. Weisbach Dec 2002

Taxation And Risk-Taking With Multiple Tax Rates, David A. Weisbach

Coase-Sandor Working Paper Series in Law and Economics

This paper extends the Domar and Musgrave results concerning the effect of an income tax on risk taking to the case where different tax rates apply to different types of assets. Although the results depend on exactly how the differential tax rates are imposed, as a general matter, an income tax with differential rates can be seen as a tax only on the risk-free rate of return and a fixed ex ante subsidy for purchasing the lower-taxed assets. There are implications for measuring deadweight loss from differential taxation and for spending resources on accurately measuring capital income.


The End Of Bankruptcy, Robert K. Rasmussen, Douglas G. Baird Dec 2002

The End Of Bankruptcy, Robert K. Rasmussen, Douglas G. Baird

Coase-Sandor Working Paper Series in Law and Economics

The law of corporate reorganizations is conventionally justified as a way to preserve a firm’s going-concern value: Specialized assets in a particular firm are worth more together in that firm than anywhere else. This paper shows that this notion is mistaken. Its flaw is that it lacks a well-developed understanding of the nature of a firm. Initially, it is easy to confuse size with specialization and overstate the extent to which assets are dedicated to a particular enterprise. Even when such dedicated assets exist, they often do not need to stay in the same firm. As Coase taught us ...


In Defense Of "Old" Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein Dec 2002

In Defense Of "Old" Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

The traditional forms of public health law were directly largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it effects large numbers of individuals, which would include such matters as obesity and diabetes. Historically, this paper examines the constitutional evolution of the public health principle from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could easily authorize those forms of ...