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Articles 31 - 60 of 85

Full-Text Articles in Law

The Center Of The Center For Alternative Dispute Resolution, Wayne D. Brazil Jan 2006

The Center Of The Center For Alternative Dispute Resolution, Wayne D. Brazil

Faculty Scholarship

No abstract provided.


Hosting Mediations As A Representative Of The System Of Civil Justice, Wayne D. Brazil Jan 2006

Hosting Mediations As A Representative Of The System Of Civil Justice, Wayne D. Brazil

Faculty Scholarship

No abstract provided.


Notification Of Data Security Breaches, Paul M. Schwartz, Edward J. Janger Jan 2006

Notification Of Data Security Breaches, Paul M. Schwartz, Edward J. Janger

Faculty Scholarship

The law increasingly requires private companies to disclose information for the benefit of consumers. The latest examples of such regulation are state and federal laws that require companies to notify individuals of data security incidents involving their personal information. These laws, proposed in the wake of highly publicized data spills, seek to punish the breached entity and to protect consumers by requiring the entity to notify its customers about the security breach. There are competing approaches, however, to how the law is to mandate release of information about data leaks. This article finds that the current statutes' focus on reputational ...


Cataclysmic Liability Risk Among Big Four Auditors, Eric L. Talley Jan 2006

Cataclysmic Liability Risk Among Big Four Auditors, Eric L. Talley

Faculty Scholarship

No abstract provided.


Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo Jan 2006

Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo

Faculty Scholarship

No abstract provided.


Principles For Resolving Conflicts Between Trade Secrets And The First Amendment, Pamela Samuelson Jan 2006

Principles For Resolving Conflicts Between Trade Secrets And The First Amendment, Pamela Samuelson

Faculty Scholarship

No abstract provided.


On Public Versus Private Provision Of Corporate Law, Gillian Hadfield, Eric Talley Jan 2006

On Public Versus Private Provision Of Corporate Law, Gillian Hadfield, Eric Talley

Faculty Scholarship

Law in modern market societies serves both democratic and economic functions. In its economic function, law is a service, a means of enhancing the value of transactions and organizations. Yet modern market economies continue to rely on the state, rather than the market, to provide this service. This article investigates whether private provision of law may be superior to public provision. We look in particular at corporate law, where there is a substantial literature exploring the efficiency implications of "regulatory competition" and compare this competition with market competition between private providers. Drawing from the well-known framework of spatial models of ...


Liability Externalities And Mandatory Choices: Should Doctors Pay Less?, Robert Cooter, Ariel Porat Jan 2006

Liability Externalities And Mandatory Choices: Should Doctors Pay Less?, Robert Cooter, Ariel Porat

Faculty Scholarship

According to legal principles, a driver who negligently breaks a pedestrian's leg should pay the same damages as a doctor who negligently breaks a patient's leg. According to economic principles, however, the driver should pay more than the doctor. Non-negligent drivers impose risk on others without being liable for it. When liability externalities are mainly negative as with driving, liability should increase beyond full compensation to discourage the activity. Unlike pedestrians, patients contract with doctors for treatment and willingly submit to the risk of harm. Imperfections in medical markets cause some kinds of doctors to convey more positive ...


Markets As Regulators: A Survey, Stavros Gadinis, Howell E. Jackson Jan 2006

Markets As Regulators: A Survey, Stavros Gadinis, Howell E. Jackson

Faculty Scholarship

No abstract provided.


The Architecture Of Smart Intelligence: Structuring And Overseeing Agencies In The Post-9/11 World, Anne Joseph O'Connell Jan 2006

The Architecture Of Smart Intelligence: Structuring And Overseeing Agencies In The Post-9/11 World, Anne Joseph O'Connell

Faculty Scholarship

No abstract provided.


Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson Jan 2006

Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Model Regime Of Privacy Protection, A, Daniel J. Solove, Chris Jay Hoofnagle Jan 2006

Model Regime Of Privacy Protection, A, Daniel J. Solove, Chris Jay Hoofnagle

Faculty Scholarship

No abstract provided.


Sorting The Revolutionary From The Terrorist: The Delicate Application Of The Political Offense Exception In U.S. Extradition Cases, David M. Lieberman Jan 2006

Sorting The Revolutionary From The Terrorist: The Delicate Application Of The Political Offense Exception In U.S. Extradition Cases, David M. Lieberman

Faculty Scholarship

No abstract provided.


Is Suspension A Political Question, Amanda L. Tyler Jan 2006

Is Suspension A Political Question, Amanda L. Tyler

Faculty Scholarship

The article focuses on the Suspension Clause of the U.S. Constitution being a political issue. It says that once suspension is viewed as a nonjusticiable political question, it would turn as a subject on which most of the restraints imposed by the Constitution would not be subjected to judicial enforcement. It is claimed that such thought should be denied because it is at odds of writ of habeas corpus heritage and would only complicate the separation of powers and the institution of judicial reviews.


The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter Jan 2006

The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter

Faculty Scholarship

Economic theory distinguishes sharply between what a person wants and what he can have. "Preferences" describe what a person wants, and "constraints" describe the limits of what he can have. The collision of preferences and constraints yields the choices that economists study. The meaning of both terms is broad and flexible. Preferences and constraints help to distinguish between the internal and external viewpoints that H. L. A. Hart made famous. The internal viewpoint concerns preferences to perform legal obligations. A person who prefers to obey a law is willing to give up something to perform his legal obligation. The preference ...


Racketeer Influenced And Corrupt Organizations, James Morrison Mecone, Julie B. Shapiro, Timothy B. Martin Jan 2006

Racketeer Influenced And Corrupt Organizations, James Morrison Mecone, Julie B. Shapiro, Timothy B. Martin

Faculty Scholarship

No abstract provided.


Foreword, David A. Sklansky Jan 2006

Foreword, David A. Sklansky

Faculty Scholarship

No abstract provided.


A Legal History Of International Reparations, Richard M. Buxbaum Jan 2006

A Legal History Of International Reparations, Richard M. Buxbaum

Faculty Scholarship

No abstract provided.


Refletions On Germany, The Legal Academy, And Social Engagement: An Interview With Richard Buxbaum, Laurel E. Fletcher Jan 2006

Refletions On Germany, The Legal Academy, And Social Engagement: An Interview With Richard Buxbaum, Laurel E. Fletcher

Faculty Scholarship

No abstract provided.


Bibliography Of Works By Richard M. Buxbaum, Marci Hoffman Jan 2006

Bibliography Of Works By Richard M. Buxbaum, Marci Hoffman

Faculty Scholarship

No abstract provided.


Dedication, David D. Caron Jan 2006

Dedication, David D. Caron

Faculty Scholarship

No abstract provided.


Nation Of Minorities: Race, Ethnicity, And Reactionary Colorblindness, A, Ian F. Haney-López Jan 2006

Nation Of Minorities: Race, Ethnicity, And Reactionary Colorblindness, A, Ian F. Haney-López

Faculty Scholarship

No abstract provided.


Killer Seatbelts And Criminal Procedure, David Alan Sklansky Jan 2006

Killer Seatbelts And Criminal Procedure, David Alan Sklansky

Faculty Scholarship

Replying to William J. Stuntz, The Political Constitution of Criminal Justice, 119 Harv. L. Rev. 780 (2006).


Who Bears The Corporate Tax? A Review Of What We Know, Alan J. Auerbach Jan 2006

Who Bears The Corporate Tax? A Review Of What We Know, Alan J. Auerbach

Faculty Scholarship

Who bears the corporate income tax? The answer to this question is important to our understanding of the distribution of tax burdens, but it has been elusive. Although the tax accounts for a small share of federal revenues, changes in the corporate income tax and its associated revenues have often been a significant part of revenue legislation. Moreover, because its incidence is often perceived to fall on the affluent, assignment of the corporate tax burden can have a significant impact on the assessed progressivity of the tax system as a whole.

This paper reviews what we know from economic theory ...


Note, Pluralism In America: Why Judicial Diversity Improves Legal Decisions About Political Morality, Joy Milligan Jan 2006

Note, Pluralism In America: Why Judicial Diversity Improves Legal Decisions About Political Morality, Joy Milligan

Faculty Scholarship

Why does the race of judges matter? This Note argues that racial diversity in the judiciary improves legal decisions about political morality. Judges play a substantial role in regulating our political morality; at the same time, race and ethnicity influence public views on such issues. In cases that involve difficult legal questions of political morality, judges should seriously consider all moral conceptions as potential answers. Racial and ethnic diversity is likely to improve the judiciary's institutional capacity for openness to alternative views-not because judges of any given race will "represent" a monolithic viewpoint, but because of the likelihood that ...


Thinking Criminal Law, Meir Dan-Cohen Jan 2006

Thinking Criminal Law, Meir Dan-Cohen

Faculty Scholarship

No abstract provided.


Bumping Around In Culture: Creativity, Spontaneity, And Physicality In Copyright Policy, Molly Shaffer Van Houweling Jan 2006

Bumping Around In Culture: Creativity, Spontaneity, And Physicality In Copyright Policy, Molly Shaffer Van Houweling

Faculty Scholarship

No abstract provided.


Global Justice In Healthcare: Developing Drugs For The Developing World, William W. Fisher, Talha Syed Jan 2006

Global Justice In Healthcare: Developing Drugs For The Developing World, William W. Fisher, Talha Syed

Faculty Scholarship

No abstract provided.


Database Limitations On The Evidentiary Value Of Forensic Mitochondrial Dna Evidence, Frederika A. Keastle, Ricky A. Kittles, Andrea L. Roth, Edward J. Ungvarsky Jan 2006

Database Limitations On The Evidentiary Value Of Forensic Mitochondrial Dna Evidence, Frederika A. Keastle, Ricky A. Kittles, Andrea L. Roth, Edward J. Ungvarsky

Faculty Scholarship

No abstract provided.


How Much Do Conservative Tort Tales Matter, Robert A. Kagan Jan 2006

How Much Do Conservative Tort Tales Matter, Robert A. Kagan

Faculty Scholarship

A review essay on a book by William Haltom & Michael McCann, Distorting the Law: Politics, Media, and the Litigation Crisis (Chicago: U Chicago Press, 2004). References.