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The Relationship Between Yale's Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew Feb 2000

The Relationship Between Yale's Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew

Student Legal History Papers

This paper describes the Yale Law School in the late 1800s. For most of the period, the school's faculty struggled to gain the attention of an unresponsive university administration. At the same time, the faculty pushed for interdisciplinary study that would tie the Law School to the university's other academic departments.


Lecture: Foucault In Cyberspace, James Boyle Jan 2000

Lecture: Foucault In Cyberspace, James Boyle

Yale Journal of Law and Technology

I’m going to talk today about the Internet in relation to political theory and, in particular, to libertarianism.

Anyone who has spent time on the Net or who has read the writings of Internet gurus knows that the default set of political assumptions on the Internet is a libertarian set of arguments. In fact, if you had to come up with a technology-or more expansively, a space-that makes libertarianism attractive, it would be the Internet. The Net mirrors some of the more popular libertarian images of the good society. The Net was formed through a relatively decentralized and anarchic ...


Contents Jan 2000

Contents

Yale Journal of International Law

No abstract provided.


Globalization And Social Protection: The Impact Of Eu And International Rules In The Ratcheting Up Of U.S. Privacy Standards, Gregory Shaffer Jan 2000

Globalization And Social Protection: The Impact Of Eu And International Rules In The Ratcheting Up Of U.S. Privacy Standards, Gregory Shaffer

Yale Journal of International Law

Contemporary critiques of globalization processes often focus on the potential leveling of regulatory standards and the export by the United States of neoliberal norms of deregulation and market facilitation. This Article, in contrast, examines the extrajurisdictional impact of EU data protection policy on the behavior of private parties in the United States, leading to a ratcheting up of U.S. privacy standards. The Article takes a socio-legal approach, exploring the many ways in which the EU Directive on the Processing of Personal Data affects U.S. practice through changing the stakes of US. players-including regulators, businesses, privacy advocates, lawyers, and ...


Command Responsibility Of Non- Military Superiors In The International Criminal Court (Icc), Greg R. Vetter Jan 2000

Command Responsibility Of Non- Military Superiors In The International Criminal Court (Icc), Greg R. Vetter

Yale Journal of International Law

The international community enacted the treaty establishing the world's first permanent International Criminal Court (ICC) in July of 1998. As a bold new institution in international law, the ICC has caused much debate. Two of the many issues thus raised include: (1) whether the treaty's novel command responsibility standard for civilian superiors will help or hinder the efficacy of the court; and (2) whether the treaty's new standard will influence the command responsibility doctrine in customary international law. The ICC treaty's command responsibility provision provides a separate standard for military commanders and a different standard for ...


Towards A New Regime For The Protection Of Outer Space As The "Province Of All Mankind", David Tan Jan 2000

Towards A New Regime For The Protection Of Outer Space As The "Province Of All Mankind", David Tan

Yale Journal of International Law

In the year 2004, the planned $60 billion International Space Station (ISS) is scheduled to be completed, extending over an area almost as large as three football fields, and its laboratory and living modules will have as much room as two Boeing 747 jumbojets. The ISS will usher in a multinational human presence in space and will be a world community living and working together in space. As science progresses in leaps and bounds, international law governing the exploration and use of outer space limps forlornly behind. As we move to colonize the "province of all mankind," the accompanying dangers ...


What Can The United States Learn From English Anti-Suit Injunctions? An American Perspective On Airbus Industrie Gie V. Patel, Kent Anderson Jan 2000

What Can The United States Learn From English Anti-Suit Injunctions? An American Perspective On Airbus Industrie Gie V. Patel, Kent Anderson

Yale Journal of International Law

This Comment provides a look at the US. legal system through the eyes of England's highest court. Using the House of Lords decision in Airbus Industries GIE v. Patel as a vehicle, this Comment discusses the standard for granting international antisuit injunctions in the United States. Along the way, the Comment also offers some practical lessons regarding complex international litigation drawn from the extensive maneuverings employed in the Airbus case as it traveled through various courts in the United States, India, and England. The Comment concludes by arguing that United States courts should embrace the approach advocated by the ...


Recent Publications Jan 2000

Recent Publications

Yale Journal of International Law

No abstract provided.


Contents Jan 2000

Contents

Yale Journal of International Law

No abstract provided.


The Vision And Mission Of The Yale Journal Of International Law, W. Michael Reisman Jan 2000

The Vision And Mission Of The Yale Journal Of International Law, W. Michael Reisman

Yale Journal of International Law

The twenty-fifth anniversary of the founding of The Yale Journal of International Law is an occasion to reflect on the origins of this remarkable journal, the sense of mission that animated its founders, and the context in which it was forged. It is also an occasion to look forward, for this journal, more than any other international law journal, saw itself engaged consciously and explicitly in an essentially futuristic enterprise. Unlike its contemporary counterparts, which were essentially retrospective, concerned with the codification and assembly of decisions from the past into a neat mosaic, then presented as "the law," the new ...


The Ten Most-Cited Works From The Yale Journal Of International Law And Its Predecessors, Yale Studies In World Public Order And The Yale Journal Of World Public Order, Fred R. Shapiro Jan 2000

The Ten Most-Cited Works From The Yale Journal Of International Law And Its Predecessors, Yale Studies In World Public Order And The Yale Journal Of World Public Order, Fred R. Shapiro

Yale Journal of International Law

No abstract provided.


Twenty-Fifth Anniversary Commentaries, Kenneth W. Abbott, Anne-Marie Slaughter, Lea Brilmayer, David Wippman, Raidza Torres Wick, Siegfried Wiessner, Michael J. Glennon, Ruth Wedgwood, Daniel Bodansky, Daniel C. Esty Jan 2000

Twenty-Fifth Anniversary Commentaries, Kenneth W. Abbott, Anne-Marie Slaughter, Lea Brilmayer, David Wippman, Raidza Torres Wick, Siegfried Wiessner, Michael J. Glennon, Ruth Wedgwood, Daniel Bodansky, Daniel C. Esty

Yale Journal of International Law

No abstract provided.


Money And The Law: Why Comply With The Public International Law Of Money?, Beth A. Simmons Jan 2000

Money And The Law: Why Comply With The Public International Law Of Money?, Beth A. Simmons

Yale Journal of International Law

Why do sovereign governments make international legal commitments, and what impact does international law have on state behavior? Very little empirical research exists that tries to answer these questions in a systematic way. The research in this Article examines patterns of commitment to and compliance with international monetary law. Countries commit themselves legally to liberal monetary policies not only to signal an intention to comply, but also because other governments so commit (an example of policy convergence). They comply largely to preserve their reputation for providing a stable framework for the protection of property rights, but once again, are greatly ...


Legal Reform In China: A Role For Nongovernmental Organizations, C. David Lee Jan 2000

Legal Reform In China: A Role For Nongovernmental Organizations, C. David Lee

Yale Journal of International Law

This Article argues for an expanded role for domestic nongovernmental organizations (VGOs) in reforming the legal system of the People's Republic of China. It presents case studies of eight Chinese NGOs to illustrate ways in which nongovernmental efforts can complement official efforts to create a stable, effective legal regime. In particular, it identifies five goals for legal reform and then examines the contributions the profiled NGOs have made toward these goals. This Article also examines the legal, political, and economic difficulties encountered by Chinese NGOs and discusses the parameters of NGO activity in a country where the government seeks ...


The Enchantment Of Codification In The Common-Law World, Gunther A. Weiss Jan 2000

The Enchantment Of Codification In The Common-Law World, Gunther A. Weiss

Yale Journal of International Law

throughout the world. Legal scholars, however, have focused attention on the history of codification in continental Europe, while the role codification has played in the common-law world remains unclear. This Article seeks to change that. Exploring the role of codification in the common-law regimes not only helps us to understand the similarities and differences between the world's legal systems, it has immediate relevance as well. In 1989, and again in 1994, the European Parliament suggested that preliminary work towards a European civil code should be undertaken. Within the European Union, the center of the common-law world-England-meets the centers of ...


Introduction Jan 2000

Introduction

Yale Journal of International Law

As The Yale Journal of International Law and its predecessors, Yale Studies in World Public Order and The Yale Journal of World Public Order, mark twenty-five years of publication, we pause to look back on the history of the Journal. We would like to share with our readers W. Michael Reisman's address delivered at YJIL's twenty-fifth anniversary banquet, a list of the publications' ten most-cited works to this point, and a collection of commentaries for the first five pieces on this list. In this collection, there is a commentary from the author of each piece and from a ...


Recent Publications Jan 2000

Recent Publications

Yale Journal of International Law

No abstract provided.


The Ambiguous Basis Of Judicial Deference To Administrative Rules, David M. Hasen Jan 2000

The Ambiguous Basis Of Judicial Deference To Administrative Rules, David M. Hasen

Yale Journal on Regulation

Much of the commentary on the Supreme Court's decision in Chevron U.S.A, Inc. v. Natural Resources Defense Council, Inc. has focused on the nature of power that agencies exercise when they promulgate rules that merit judicial deference under Chevron. Some scholars view Chevron as reading into statutes an implied delegation from Congress to agencies of legislative power to fill statutory gaps and interpret statutory ambiguities. Other scholars understand Chevron as, in effect, a delegation of interpretive power from the courts to agencies. This Article argues that neither view of Chevron is correct.


Banks And Inner Cities: Market And Regulatory, Keith N. Hylton Jan 2000

Banks And Inner Cities: Market And Regulatory, Keith N. Hylton

Yale Journal on Regulation

Why are poor inner cities underserved by financial institutions, and
why is it so difficult to find a solution to this problem? Explanations of the
lending shortfall problem range between theories based on discrimination
to the view that the lending market is working flawlessly. Drawing largely
on the economic development literature, I elaborate an alternative
explanation here. The asymmetric information theory I offer yields the
prediction that urban minority communities will be underserved by
financial institutions even in the absence of discriminatory intent.


Contents Jan 2000

Contents

Yale Journal on Regulation

No abstract provided.


Hope A Better Rate For Me, Jim Chen Jan 2000

Hope A Better Rate For Me, Jim Chen

Yale Journal on Regulation

Ratemaking, the dreariest legal expression of the dismal science, is sexy again. Once upon a time, judicially enforced constitutional restraints on the setting of public utility rates strengthened the intellectual backbone of the Lochner era. Contemporary interest in this doctrine stems from the imposition of "the duty to interconnect, to lease unbundled network elements, and to sell services for resale" on incumbent firms in the few remaining "market segments that have natural monopoly characteristics. The Federal Communications Commission's contribution to this great legal transformation, its embattled total element long-run incremental cost rule (TELRIC), will in all likelihood be reviewed ...


Contents Jan 2000

Contents

Yale Journal on Regulation

No abstract provided.


The Price Of Reform: Cost-Sharing Proposals For The Medicare Home Health Benefit, Brooks E. Allen Jan 2000

The Price Of Reform: Cost-Sharing Proposals For The Medicare Home Health Benefit, Brooks E. Allen

Yale Journal on Regulation

Faced with an impending Medicare "crisis," scholars and policymakers have advanced a variety of proposals for reforming the program. This Note critically examines one proposed solution that draws on an established technique of health policy and insurance-beneficiary cost-sharing-to reduce expenditures in the rapidly-growing Medicare home health program. Recognizing that cost-sharing mechanisms might generate some savings, the author ultimately rejects these proposed remedies in light of their inequitable consequences and practical /imitations. This Note proceeds by establishing a normative framework for assessing cost-sharing proposals. The author then evaluates the normative implications of an array of cost-sharing mechanisms, taking into account the ...


Rethinking Software Tying, Renato Mariotti Jan 2000

Rethinking Software Tying, Renato Mariotti

Yale Journal on Regulation

This Note proposes a new method of product definition in software
tying cases. "Tying" is a refusal to sell one product unless the buyer also
purchases another product and is a method by which firms are thought to
be able to use their power over one product to obtain power over another.
Tying is the principal antitrust allegation-brought against Microsoft,
which refuses to sell its operating system (Windows) unless the buyer also
receives a copy of its web browser (Internet Explorer). Yet Microsoft
claims that it has integrated Internet Explorer into Windows, creating a
single integrated product. But in order ...


Understanding Lockups: Effects In Bankruptcy And The Market For Corporate Control, Kermit Roosevelt Iii Jan 2000

Understanding Lockups: Effects In Bankruptcy And The Market For Corporate Control, Kermit Roosevelt Iii

Yale Journal on Regulation

This Article examines the effects of lockups in the market for corporate control and bankruptcy. Developments in the analysis of lockups in the market for corporate control have provided prescriptions that are accurate from either an ex ante or ex post perspective. This Article employs auction theory to articulate a synthesis of the current theory that is satisfactory from both perspectives. Theory addressing lockups in bankruptcy is unsatisfactory from both an ex ante and ex post context. By delineating the crucial differences between bankruptcy and the market for corporate control, this Article develops appropriate standards for governing lockups in bankruptcy.


Innovation, Investment, And Unbundling, Thomas M. Jorde, J. Gregory Sidak, David J. Teece Jan 2000

Innovation, Investment, And Unbundling, Thomas M. Jorde, J. Gregory Sidak, David J. Teece

Yale Journal on Regulation

In this Article, we examine the neglected tradeoff between innovation and mandatory unbundling of telecommunications networks. Our analysis is prompted by the Supreme Court's 1999 decision in AT&T Corp. v. Iowa Utilities Board and by the Federal Communications Commission's Second Further Notice of Proposed Rulemaking released later the same year, which address which network elements in the local telecommunications network shall be subject to compulsory sharing among competitors at regulated cost-based rates. Economic analysis indicates that mandatory unbundling at prices computed on the basis of the total element long-run incremental cost of the various network elements belonging ...


Handicapping The Race For The Last Mile?: A Critique Of Open Access Rules For Broadband Platforms, James B. Speta Jan 2000

Handicapping The Race For The Last Mile?: A Critique Of Open Access Rules For Broadband Platforms, James B. Speta

Yale Journal on Regulation

The technology to supply almost limitless bandwidth is now at hand. Broadband networks already occupy the top tiers of the telephone network, operated by regional and national telephone companies, and the top tiers of the broadcast networks, operated by video carriers. Only the last mile remains to be conquered. tt This Article evaluates the battle to conquer the last mile, by surveying the leading platforms and technologies for providing broadband telecommunications to individual customers. The Article also describes current regulation of those platforms, focusing on the extent to which the owners must provide open access to unaffiliated companies wishing to ...


Patching The Holes In The Consumer Product Safety Net: Using State Unfair Practices Laws To Make Handguns And Other Consumer Goods Safer, Glenn Kaplan, Chris B. Smith Jan 2000

Patching The Holes In The Consumer Product Safety Net: Using State Unfair Practices Laws To Make Handguns And Other Consumer Goods Safer, Glenn Kaplan, Chris B. Smith

Yale Journal on Regulation

This Article critiques the current product safety regime in the United
States and identifies a means for its immediate improvement. Under the
present system, consumers are guarded against defective products by a
two-tiered safety net, comprised of federal regulatory authority and state based
tort law. However, both tiers of this safety net are flawed, and when
these flaws overlap, consumers are exposed to serious dangers from
defective products. Millions of consumer goods each year fall through
these "holes" in the safety net, with poorly designed handguns being
perhaps the best known example.


Lecture: Legal Alchemy: The Use And Misuse Of Science In The Law, David L. Faigman Jan 2000

Lecture: Legal Alchemy: The Use And Misuse Of Science In The Law, David L. Faigman

Yale Journal of Law and Technology

Whenever I tell people that I am involved in the area of law and science, they become perplexed. They ask, “What does science have to do with law? Where is there any science in the legal field?” I want to emphasize the fact that science is everywhere. There is no aspect of the law today, whether civil or criminal law, where an education in basic scientific methods would not greatly improve the effectiveness of legal advocacy and policymaking.

I have three objectives for my talk today. First, I will outline the various uses of science in the law. Second, I ...


Lecture: Integrating Patent Law And The Corporation: The Walker Digital Approach, Dean Alderucci Jan 2000

Lecture: Integrating Patent Law And The Corporation: The Walker Digital Approach, Dean Alderucci

Yale Journal of Law and Technology

In the first half of my talk, I will discuss the integration of the legal requirements that the patent system imposes on corporations, and I will contrast the traditional approach, or the approach that is adopted by most corporations, with the approach I deem the optimal approach, the “Walker Digital Approach.” That approach evolves continually, so it is flexible and it adapts to the way things should be when you have patent law and patent procedures in mind. The second half of my talk will focus more on Walker Digital itself, and the policies that position Walker Digital as a ...