Law Commons^™

A Community In Transition: The Biharis In Bangladesh, Abu Noman Mohammad Atahar Ali, Et Al

Abu Noman Mohammad Atahar Ali

Contributed articles; with reference to political and social history of Bihari (South Asian people) of Bangladesh

Extensión De Quiebra Y Socios Ilimitadamente Responsables, Carlos Molina Sandoval

Carlos Molina Sandoval

La extensión de quiebra a los socios con responsabilidad ilimitada ha sido el típico e inveterado supuesto concebido ya desde la sanción del Cód. Com. (arts. 1530, Cód Com. de 1.880; 1384, Cód Com. de 1.889; 4, ley 4156; 6, ley 11.719, y 164, ley 19.551). En esencia, importa la declaración de quiebra de los socios con responsabilidad ilimitada en caso de que la sociedad sea declarada en quiebra. Básicamente los presupuestos son: i) declaración de quiebra de la sociedad; ii) existencia de socios con responsabilidad ilimitada. En el presente trabajo se analizan los distintos aspectos del supuesto previsto en …

Hand, Posner, And The Myth Of The "Hand Formula", In Symposium, Negligence In The Law, Richard W. Wright

Richard W. Wright

There is a striking incongruence between the discussions of negligence in the legal literature, including the American Law Institute's Restatement of Torts, and the understandings of ordinary people and the actual practice of the courts. The legal literature generally assumes that an aggregate-risk-utility test is employed to determine whether conduct was reasonable or negligent. This test was invented by legal academics and inserted in the first Restatement during the first part of the twentieth century, although, as recent studies all conclude, it had almost no support in the cases prior to its adoption in the Restatement and for several decades …

The Grounds And Extent Of Legal Responsibility, In Symposium, What Do Compensatory Damages Compensate?, Richard W. Wright

Richard W. Wright

This article identifies and discusses the three principal limitations on the extent of legal responsibility for tortiously caused harm and explains and justifies them by reference to the principle of interactive justice, which holds one legally responsible for causing (or being imminently about to cause) harm to another's person or property as a result of conduct that is inconsistent with others' right to equal freedom. The three principal limitations prevent liability for a tortiously caused harm when (1) the harm almost certainly would have occurred anyway in the absence of any tortious conduct or condition (the "no worse off" limitation), …

The Confluence Of Justice And Efficiency In The Economic Analysis Of Law, Robert D. Cooter

Robert Cooter

Value in economics is usually measured by price (the market tradition). This essay explores the relationship of price and satisfaction to corrective and distributive justice in law. I contend that corrective justice is relevant to all law. Corrective justice and efficiency converge in social norms, that evolve to coordinate behavior. Distributive justice, in contrast, is relevant to some bodies of law and irrelevant to many others, including private law.

Muting Gideon's Trumpet: Pricing The “Right To Counsel” In Minnesota Courts, Peter Erlinder

C. Peter Erlinder

No abstract provided.

Book Review: Principles Of European Union Law, Lee F. Peoples

Lee Peoples

No abstract provided.

The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais

Daniel J Gervais

he paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. This paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …

Vectoral Federalism, Scott Dodson

Scott Dodson

In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups. Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps …

Dignity: The New Frontier Of State Sovereignty, Scott Dodson

Scott Dodson

Few constitutional doctrines have had as turbulent a history as state sovereign immunity, the right of a state to refuse to appear as a defendant in court. The Court has, until recently, avoided a full explanation of the reason for immunizing states from certain suits. But in the 2002 decision Federal Maritime Commission v. South Carolina State Ports Authority, the Court asserted that the preeminent purpose of state sovereign immunity is to accord States the dignity that is consistent with their status as sovereign entities. This “dignity rationale” lacks substantial justification and is untethered to any limiting principles. Given that, …

Franklin Barley: Patent Law And Plant Breeders' Rights, Matthew Rimmer

Matthew Rimmer

Section 1031 And Proximate And Midstream Business Transactions, Brad Borden

Bradley T. Borden

Section 1031 exchanges frequently occur in proximity to business transactions (i.e., entity formations, mergers, divisions, and dissolutions). Although section 1031 exchanges and many business transactions can be tax free, the proximity of such transactions often presents challenging legal and theoretical questions. In fact, depending on the order of the transactions, taxpayers may lose the tax-free treatment of the exchange or of the proximate business transaction. This Article examines the tax consequences and theoretical aspects of section 1031 exchanges and proximate business transactions.

Free At Last From Obscurity: Clarity—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Errant E-Mail: Inadvertant Disclosure Of Confidential Material Poses Dilemma, Barry R. Temkin

Barry R. Temkin

Lawyers must excercise diligence to protect the confidentiality of privileged client materials. Lawyers who mistakenly press the "send" button on their computers or "reply to all" may find that they inadvertently disclosed confidential material to adversaries -- or the public. The recipient of such inadvertently sent confidential materials may have a duty to alert an adversary to the mistaken disclosure, depending on the precautions taken to preserve privilege, and whether there is evidence of a conscious or reckless waiver of the privilege.

Building A Direct Marketing Bridge To High Achieving Students: Introducing A Cost Effective Financial Aid Leveraging Model, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

No abstract provided.

Current Maritime Labour Law Issues: An Internationally Uniform Identity Document For Seafarers, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.

How City Hall Causes Sprawl - A Case Study, Michael E Lewyn

Michael E Lewyn

A book review addressing the city of Atlanta's pro-sprawl transportation, zoning and urban renewal policies.

Federalism With Two Languages, Robert Cooter

Robert Cooter

Not available

Review Of International Organizations And International Dispute Settlement Edited By Laurence Boisson De Chazournes, Cesare Romano, And Ruth Mackenzie, David A. Wirth

David A. Wirth

No abstract provided.

Aspectos Legales A Considerarse En Un Due Diligence Informático, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

The Devil's In The Details For Delusional Claims, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan

Jennifer M. Urban

Legal Separation: The Relationship Between The Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew

Mark Bartholomew

No abstract provided.

Application Of 18 Usc 1960 To Informal Money Service Businesses, Stefan D. Cassella

Stefan D Cassella

The article proposes that 18 USC 1960, a criminal statute that criminalizes the unlicensed operation of a money service business, may be used to prosecute not only traditional bricks and mortar businesses, but also informal money transfer operations of the kind typically used by drug trafficking, terrorist financing and other criminal organizations.

Roundtable: Recent Developments In Section 2, Aaron S. Edlin

Aaron Edlin

No abstract provided.

Judicial Jesting: Judicious?, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

The Latest Misfires In Support Of The ‘More Guns, Less Crime’ Hypothesis, John Donohue, Ian Ayres

Ian Ayres

No abstract provided.

The Poor And Tax Compliance: One Size Does Not Fit All, Leslie M. Book

Leslie Book

This article examines the scope of the low income taxpayers' compliance problem. It also reveals why in a period of remarkably low levels of government tax compliance activity, the IRS compliance effort toward lower-income taxpayers has been particularly vigorous. The article examines in greater detail noncompliance with respect to the earned income tax credit, and, building on the work of sociologists Robert Kidder and Craig McEwen, explores the likely causes of the high levels of noncompliance. The article examines some of the policy implications of noncompliance among lower-income taxpayers. In particular, it argues that the government is not vigilant enough …

The Uniform Commercial Code Survey: Introduction, Russell A. Hakes, Stephen L. Sepinuck, Robyn L. Meadows

Robyn L Meadows

No abstract provided.

Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin

Robyn L Meadows

No abstract provided.