Law Commons^™

Determinantes Explícitos E Implícitos De La Deuda Externa Pública Peruana, José Manuel Martin Coronado

José-Manuel Martin Coronado

This research aims to prove that sound economic policies are nothing more that basic conditions for the foreign public debt problem. In fact, by studying the factors of public debt issues in Peru, Latin America and the emerging economies it’s clear that some implicit economic and non-economic factors have to be considered because of the social complexity and variable characteristics in emerging economies. This causes failures in economic policies assumptions, inefficiencies, distorted causality and nonrational behavior. This paper proposes, first, to perform a deep and comparative analysis of the foreign debt determinants in emerging economies, then, to allocate financial resources, …

Direito Da Concorrência: A Vez Da Sociedade, Carlos Emmanuel Joppert Ragazzo

carlos ragazzo

No abstract provided.

Cross-Border Outsourcing: U.S. International Tax Pitfalls, Pratfalls, And Opportunities, Anthony C. Infanti

Anthony C. Infanti

During the past decade, there has been a surge in outsourcing by businesses both in the United States and abroad. In the face of this surge in outsourcing as well as the trend toward outsourcing activities that come closer and closer to a business' "core," some commentators have underscored the need for businesses to make an educated decision about whether and what to outsource. This article, which, as its title indicates, is particularly concerned with cross-border outsourcing, is written in the same vein. It provides a non-exhaustive examination of the myriad of circumstances under which a decision to outsource the …

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

Francine J. Lipman

Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities.

In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage …

La Necesidad De Tipificar Las Infracciones A La Constitución De Los Altos Funcionarios Públicos, Daniel Soria Luján

Daniel Soria Luján

No abstract provided.

Fisheries In Sundarbans: Problems And Prospects, Ganesh Chandra, R L. Sagar

Ganesh Chandra

Sundarbans, the largest delta on the planet earth is famous for its marine and estuarine fish resources. A large population is dependent on fishery activity and capture fisheries is treated as the backbone of Sundarban economy. Sundarban boast around 172 species of fishes, 20 species of prawn and 44 species of crabs including two edible crabs. But fisheries in Sundarbans faces some difficult problems which have an impact on the biodiversity, sustainability and livelihood of fish resources and fisher folk viz. shrinking tiger prawn population, indiscriminate fish seed collection, lack of post harvest and other infrastructures, natural calamities such as …

The Camel's Nose Is In The Tent: Rules, Theories And Slippery Slopes, Mario Rizzo, Glen Whitman

Mario Rizzo

The authors provide a general theory for understanding and evaluating slippery slope arguments (SSAs) and their associated slippery slope events (SSEs). The central feature of the theory is a structure of discussion within which all arguments take place. The structure is multi-layered, consisting of decisions, rules, theories,and research programs. Each layer influences and shapes the layer beneath: rules influences decisions, theories influence the choice of rules, and research programs influence the choice of theories. In this structure, SSAs take the form of meta-arguments, as they purport to predict the future development of arguments in this structure. Evaluating such arguments requires …

Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer

Matthew Rimmer

This article examines the legal responses to protect traditional knowledge of biodiversity in the wake of the Rio Convention on Biological Diversity. It considers the relative merits of the inter-locking regimes of contract law, environmental law, intellectual property law, and native title law. Part 1 considers the natural drug discovery industry in Australia. In particular, it looks at the operations of Amrad, Astra Zeneca R & D, and the Australian Institute of Marine Science. This section examines the key features of the draft regulations proposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - model contracts, informed consent, …

The Myth Of Notice Pleading, Christopher M. Fairman

Christopher M Fairman

No abstract provided.

Political And Legal Governance Under The Judicial Reform: A Case Study On Basic-Level Political And Legal Committee（司法改革背景下的政法治理方式——基层政法委员会制度个案研究）, Meng Hou

Hou Meng

No abstract provided.

Reconstructing The Software License, Michael J. Madison

Michael J. Madison

This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in general, the article argues that none of the grounds on which software licensing in general rests are sound. With respect to open source software in particular, the article concludes that achieving a legitimate institutional form for the goals that open source proponents have set for themselves may require looking beyond licensing as such.

Nullificatory Juries, David A. Hoffman, Kaimipono D. Wenger

David A Hoffman

In this Article, we argue that current debates on the legitimacy of punitive damages would benefit from a comparison with jury nullification in criminal trials. We discuss critiques of punitive damages and of jury nullification, noting the surprising similarities in the arguments scholars use to attack these (superficially) distinct outcomes of the jury guarantee. Not only are the criticisms alike, the institutions of punitive damages and jury nullification also turn out to have many similarities: both are, we suggest, examples of what we call "nullificatory juries." We discuss the features of such juries, and consider recent behavioral data relating to …

Reingeniería De La Corte Suprema De La Nación - Una Guía De Trabajo Y Propuestas Para Mejorar Los Aspectos Organizativos, Funcionales Y De Gobierno Del Alto Tribunal, Horacio M. Lynch, Luciano Hurtado, María Clara Pujol, Et Al

Horacio M. LYNCH

Esta investigación continúa y actualiza las propuestas e investigaciones de FORES sobre la Corte Suprema, originadas en el diagnóstico elaborado en las Conferencias sobre la Reforma Judicial de 1977 y 1978, y en los posteriores estudios “REFORMAS EN LA CORTE SUPREMA”, 1987 y “DIAGNÓSTICO DE LA JUSTICIA ARGENTINA”, 1988, dirigidas por el Dr. Horacio M. Lynch. Complementa el reciente trabajo de éste “CAMBIOS EN LA CORTE SUPREMA - ENFOQUES DEL SIGLO XXI”, (LL 30Jul03 / V. ANEXO), y con otro anterior “EL RECURSO EXTRAORDINARIO POR ARBITRARIEDAD - UN DILEMA PARA LA NUEVA CORTE SUPREMA”, de 1990 (LL 1990-D- 719). Está …

A Seaworthiness Warranty In Time Policies: A Fifth Circuit Fallacy (Formerly Entitled Another Circuit Virus...), Graydon S. Staring

Graydon S. Staring

The Court of Appeals for the Fifth Circuit was persuaded some years ago, and still believes, for aught we know, that there is an implied warranty of seaworthiness at the inception of a time policy, notwithstanding the lack of any logical explanation for such a usage and its authoritative disavowal from among those who might sometimes fortuitously benefit from it. The illegitimate conception of this warranty and its nurture and repetition in the Circuit have been exposed at some length in an earlier article and will be restated here to remind us again of its lack of foundation, with the …

The Lawyer As Legal Scholar, Michael J. Madison

Michael J. Madison

I review Eugene Volokh's recent book, Academic Legal Writing. The book is nominally directed to law students and those who teach them (and for those audiences, it is outstanding), but it also contains a number of valuable lessons for published scholars. The book is more than a writing manual, however. I argue that Professor Volokh suggests implicitly that scholarship is underappreciated as a dimension of the legal profession. A well-trained lawyer, in other words, should have experience as a scholar. The argument sheds new light on ongoing discussions about the character of law schools.

Cuestiones Procesales En La Ley De Defensa De La Competencia, Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.

Direito Da Concorrência: A Vez Do Poder Judiciário, Carlos Emmanuel Joppert Ragazzo

carlos ragazzo

No abstract provided.

Licencias "Atadas" Sobre Derechos Intelectuales Y Defensa De La Competencia., Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.

Análisis Jurídico Del Control En Los Grupos De Sociedades, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

La Responsabilidad Derivada De Las Relaciones Contractuales Entre Empresas, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Renegotiation And Adaptation Clauses In International Investment Contracts, Revisited, John Gotanda

John Y Gotanda

No abstract provided.

No Trespassing, Matthew Rimmer

Matthew Rimmer

Eva Hemmungs Wirten is an associate professor in Library and Information Science at the University College of Boras and Gothenburg University in Sweden. Her work is primarily concerned with the interaction between print culture, globalization, and intellectual property rights. Eva Hemmungs Wirten is not a lawyer by training; instead her background lies in publishing. In her writing, she relies upon an interdisciplinary approach drawing on book history, cultural studies, law, and studies on globalization both in the humanities and social sciences. Her new book called No Trespassing is a fresh and original contribution to the field of intellectual property. It …

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

John Donohue

No abstract provided.

Shooting Down The ‘More Guns, Less Crime’ Hypothesis, John Donohue, Ian Ayres

John Donohue

No abstract provided.

How Relevant Is Jury Rationality?, David A. Hoffman

David A Hoffman

This essay reviews "Punitive Damages: How Juries Decide" by Cass Sunstein, et al. The book provides a good example of a recent trend: the use of behavioralist research to justify surprisingly paternalistic legal reforms. While critics of behavioralism often contend that its theoretical foundations are weak, this approach is unlikely to prove an effective rejoinder in the new debate about what kinds of paternalism are made permissible by human "irrationality". A better approach: (1) notes the lack of a nexus between behavioralism and the supposed emergent necessity of paternalist reforms; and (2) suggests that juror unwillingness to apply cost-benefit formula …

Extract From Stephen B. Presser & Jamil S. Zainaldin's Law And Jurisprudence In American History, Seth Barrett Tillman

Seth Barrett Tillman

This contains an extract from Stephen B. Presser & Jamil S. Zainaldin's Law and Jurisprudence in American History (5th ed. 2003).

[October 28, 2010]

La Captura Del Agente Regulador, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Liberal Hegemony? School Vouchers And The Future Of The Race, Harry G. Hutchison

Harry G. Hutchison

More than a decade ago, Professor Girardeau Spann revealed that the Supreme Court had become unreceptive to legal claims brought by, or on behalf of, racial minorities. Paradoxically, the Court's recent decision affirming the constitutionality of school vouchers as part of a program to provide improved educational opportunities to largely black children in a failed school district, implies that the "liberal" minority of the Court may be inclined to preclude programs which might protect and nurture minority interests in a first-rate as opposed to simply a public education. Whether the liberal wing of the Court is correct or incorrect, their …

The Dead Poets Society: The Copyright Term And The Public Domain, Matthew Rimmer

Matthew Rimmer

In a victory for corporate control of cultural heritage, the Supreme Court of the United States has rejected a constitutional challenge to the Sonny Bono Copyright Term Extension Act 1998 (U.S.) by a majority of seven to two. This paper evaluates the litigation in terms of policy debate in a number of discourses - history, intellectual property law, constitutional law and freedom of speech, cultural heritage, economics and competition policy, and international trade. It argues that the extension of the copyright term will inhibit the dissemination of cultural works through the use of new technologies - such as Eric Eldred's …

Albert Namatjira: Copyright Estates And Traditional Knowledge, Matthew Rimmer

Matthew Rimmer

Albert Namatjira was Australia's first Indigenous professional artist. He adapted Western-style painting to express his cultural knowledge of the Arrernte country, for which he was a traditional custodian. In his lifetime, Albert Namatjira achieved great acclaim for his exceptional ability as an artist. However, after his untimely death, he was ignored by the mainstream Australian art world, because of the aesthetic prejudices and social policies of the time. A recent exhibition entitled Seeing the Centre: The art of Albert Namatjira (1902-1959) curated by Alison French has sought to redress this neglect, and provide a retrospective of his work.The exhibition has …