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2003

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Articles 1 - 30 of 9083

Full-Text Articles in Law

Software & Internet Law, Pamela Samuelson, Mark Lemley, Peter Menell, Robert Merges May 2015

Software & Internet Law, Pamela Samuelson, Mark Lemley, Peter Menell, Robert Merges

Robert P Merges

No abstract provided.


Cost Structures And Nash Play In Repeated Cournot Games, Bart Wilson, David Davis, Robert Reilly Aug 2014

Cost Structures And Nash Play In Repeated Cournot Games, Bart Wilson, David Davis, Robert Reilly

Bart J Wilson

No abstract provided.


Discriminatory Price Auctions In Electricity Markets: Low Volatility At The Expense Of High Price Levels, Vernon Smith, Stephen Rassenti, Bart Wilson Aug 2014

Discriminatory Price Auctions In Electricity Markets: Low Volatility At The Expense Of High Price Levels, Vernon Smith, Stephen Rassenti, Bart Wilson

Bart J Wilson

No abstract provided.


Bidding Strategies In Single-Unit Auctions, Bart Wilson Aug 2014

Bidding Strategies In Single-Unit Auctions, Bart Wilson

Bart J Wilson

No abstract provided.


Discriminatory Price Auctions In Electricity Markets: Low Volatility At The Expense Of High Price Levels, Bart Wilson, Stephen Rassenti, Vernon Smith Aug 2014

Discriminatory Price Auctions In Electricity Markets: Low Volatility At The Expense Of High Price Levels, Bart Wilson, Stephen Rassenti, Vernon Smith

Bart J Wilson

No abstract provided.


Controlling Market Power And Price Spikes In Electricity Networks: Demand-Side Bidding, Vernon Smith, Stephen Rassenti, Bart Wilson Aug 2014

Controlling Market Power And Price Spikes In Electricity Networks: Demand-Side Bidding, Vernon Smith, Stephen Rassenti, Bart Wilson

Bart J Wilson

No abstract provided.


Automated Pricing Rules In Electronic Posted Offer Markets, Bart Wilson, Cary Deck Aug 2014

Automated Pricing Rules In Electronic Posted Offer Markets, Bart Wilson, Cary Deck

Bart J Wilson

No abstract provided.


Searches, Seizures, And Warrants: A Reference Guide To The United States Constitution, Robert Bloom Oct 2013

Searches, Seizures, And Warrants: A Reference Guide To The United States Constitution, Robert Bloom

Robert Bloom

No abstract provided.


Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom Oct 2013

Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom

Robert Bloom

No abstract provided.


Quale Etica Per I Guidici?, Charles Baron Aug 2013

Quale Etica Per I Guidici?, Charles Baron

Charles H. Baron

No abstract provided.


Normativité Et Biomédecine Aux Etats-Unis, Charles Baron Aug 2013

Normativité Et Biomédecine Aux Etats-Unis, Charles Baron

Charles H. Baron

No abstract provided.


Suicide Médicalement Assisté: L'Exemple De L'Oregon, Charles Baron Aug 2013

Suicide Médicalement Assisté: L'Exemple De L'Oregon, Charles Baron

Charles H. Baron

No abstract provided.


Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko Dec 2003

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko

ExpressO

Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.


Vol. 8 #1 Dec 2003

Vol. 8 #1

The Advocate

No abstract provided.


Mental Health Of Incarcerated Juveniles In Nevada: Final Report, Nevada Institute For Children's Rerearch And Policy, University Of Nevada, Las Vegas, Jennifer Petsonius, Denise Tanata, Michelle Chino Dr Dec 2003

Mental Health Of Incarcerated Juveniles In Nevada: Final Report, Nevada Institute For Children's Rerearch And Policy, University Of Nevada, Las Vegas, Jennifer Petsonius, Denise Tanata, Michelle Chino Dr

Nevada Institute for Children's Research and Policy Reports

The prevalence of mental health problems in the juvenile offender population is substantially higher than that of the general population (Cocozza & Skowyra, 2000). Studies estimate that one in five juvenile offenders has serious mental health problems, which is nearly twice the rate of occurrence of mental illness in children and adults in the general population (NMHA Fact Sheet #l). However, there have been several methodological problems encountered in previous research. These include the use of inconsistent definitions and measurements of mental illness; the use of biased, nonrandom samples, a reliance on retrospective case report data, and the use of …


Prosecuting Martha: Federal Prosecutorial Power And The Need For A Law Of Counts, Michael L. Seigel, Christopher Slobogin Dec 2003

Prosecuting Martha: Federal Prosecutorial Power And The Need For A Law Of Counts, Michael L. Seigel, Christopher Slobogin

UF Law Faculty Publications

Martha Stewart's case illustrates a wide variety of prosecutorial decision-making. We have defended the U.S. Attorney's decision to investigate and prosecute Stewart, but called into question the further decision to charge her with five counts. As a way of curtailing the redundant charging phenomenon, which is widespread, we have suggested that the courts develop a law of counts to cabin prosecutorial charging discretion. Thus, our proposal to create a law of counts would not require prosecutors to act against their short- or long-term interests. Rather, it would be implemented by judges using the interpretive method, without going so far as …


Counselor, Gatekeeper, Shareholder, Thief: Why Attorneys Who Invest In Their Clients In A Post-Enron World Are "Selling Out," Not "Buying In,", A. Christine Hurt Dec 2003

Counselor, Gatekeeper, Shareholder, Thief: Why Attorneys Who Invest In Their Clients In A Post-Enron World Are "Selling Out," Not "Buying In,", A. Christine Hurt

Faculty Scholarship

No abstract provided.


American Offshore Business Tax Planning: Can Australian Lawyers Get A Piece Of The Action?, J Clifton Fleming, Jr. Dec 2003

American Offshore Business Tax Planning: Can Australian Lawyers Get A Piece Of The Action?, J Clifton Fleming, Jr.

Faculty Scholarship

No abstract provided.


The Takings Clause As A Comparative Right, John Fee Dec 2003

The Takings Clause As A Comparative Right, John Fee

Faculty Scholarship

No abstract provided.


A Community In Transition: The Biharis In Bangladesh, Abu Noman Mohammad Atahar Ali, Et Al Dec 2003

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


Politics And The Business Corporation, Robert H. Sitkoff Dec 2003

Politics And The Business Corporation, Robert H. Sitkoff

Law & Economics Working Papers Archive: 2003-2009

This essay explores the policy bases for, and the political economy of, the law's long-standing regulation of corporate political speech. The essay has three parts. First, it contends that the conventional justifications for regulating corporate interventions in politics -- that corporate donations unnaturally skew the political discourse (bad politics) and that corporate political donations harm shareholders (agency costs) -- assume irrational investors and substantial capital market inefficiency. Drawing on public choice theory, the essay also explores the aim of retarding rent-seeking as an alternative justification for regulating corporate interventions in politics. Second, the essay reexamines the history of the regulation …


Antitrust And Trade Regulation Bulletin Ftc Releases Report On Intellectual Property And Antitrust, James Burling, John C. Christie Jr., Michelle Miller Dec 2003

Antitrust And Trade Regulation Bulletin Ftc Releases Report On Intellectual Property And Antitrust, James Burling, John C. Christie Jr., Michelle Miller

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

Last year the FTC and the Department of Justice jointly held hearings focused on the current balance of competition and patent law and policy. (See our December, 2001 Antitrust and Trade Regulation Bulletin at www.haledorr.com/antitrust.) The hearings spanned more than 24 days, involving more than 300 panelists and 100 separate written submissions. The first tangible by-product of those sessions came on October 28, 2003, with the release of a 266-page FTC report containing specific recommendations for changes in the existing patent system (the Patent Report)(http://www.ftc.gov/opa/2003/10/creport .htm). A second, joint report with DOJ, containing specific recommendations for antitrust, is promised for …


Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young Dec 2003

Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young

Nevada Supreme Court Summaries

Appeal and cross-appeal from a district court order granting in part and denying in part Defendant’s post-conviction petition for a writ of habeas corpus in a capital case.


The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang Dec 2003

The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang

Duke Law & Technology Review

The Supreme Court established a two-part test for determining when an invention is "on sale" under 35 U.S.C. §102(b) in Pfaff v. Wells Electronics, Inc. For the on-sale bar to be triggered, the invention must be "ready for patenting" and subject of a "commercial offer for sale." In Minnesota Mining & Manufacturing v. Chemque, Inc., the Federal Circuit expounded on what constitutes a commercial offer for sale. This iBrief explores what is considered a "commercial offer for sale."


Piracy Deserves No Privacy, Frank Chao Dec 2003

Piracy Deserves No Privacy, Frank Chao

Duke Law & Technology Review

The Recording Industry Association of America ("RIAA"), the music industry's trade and lobbying group, recently initiated a controversial tactic to bring to surface previously anonymous digital pirates of the Internet. This aggressive tactic aims to make safe the digital oceans for copyright and involves identifying and bringing claims against infringing individuals who download, swap, and/or post copyrighted music illegally via the Internet. The RIAA cares not who the infringers are or whether the infringers know the illegality of their actions. Nor does the music industry concern itself with the inevitable storm of backlash bound to fall upon them for suing …


International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy Dec 2003

International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy

ExpressO

Abstract: This study examines the effectiveness of international marine environment law in controlling and abating contamination of the marine environment in the Wider Caribbean Region. The main international agreement covering the region is the Cartagena Convention which came into force in 1983. This convention, initiated by the UNEP under its Regional Seas Program, is considered one of the most successful of the programs. The study examines that claim in light of events since the adoption of the Cartagena Convention by the majority of nations bordering on the region. Mexico, because of its stature as a leading Latin American nation, is …


Brief Amicus Curiae Of Joseph R. Grodin As Amicus Curiae Supporting Neither Party (Vacatur), Elk Grove Unified School District V. Newdow, No. 02-1624 (U.S. Dec. 19, 2003), ., Neal K. Katyal Dec 2003

Brief Amicus Curiae Of Joseph R. Grodin As Amicus Curiae Supporting Neither Party (Vacatur), Elk Grove Unified School District V. Newdow, No. 02-1624 (U.S. Dec. 19, 2003), ., Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.


Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker Dec 2003

Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker

ExpressO

This paper explores the tortured history of developing countries’ pursuit of access to affordable generic medicines that they are unable to produce efficiently on their own. Having lost rights to treat medicines as essential commodities and as generalized exceptions to patent protections in the WTO TRIPS Agreement, developing countries and public health activists temporarily reasserted the primacy of health over profits in the Doha Declaration on the TRIPS Agreement and Public Health in November of 2001. However, since most developing countries lack meaningful pharmaceutical capacity to manufacture medicines efficiently on their own, they needed flexibility to import medicines from countries …


Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher Dec 2003

Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

In the past, courts generally deferred to legislatures when determining whether a law constitutes a regulatory taking. However, not all regulations are treated equal, and different tests apply to different types of regulations. Types of land use actions with a lower threshold of constitutionally include exactions, and regulations that apply fixed fee schedules to private landowners. This article combs both federal and New York law to come to the clear determination that universal standards exist for each type of regulation.


Book Review: The Many Faces Of Power: An International Law Response To Robert Kagan’S “Of Paradise And Power”, Jason G. Morgan-Foster Dec 2003

Book Review: The Many Faces Of Power: An International Law Response To Robert Kagan’S “Of Paradise And Power”, Jason G. Morgan-Foster

ExpressO

After summarizing the main points of Kagan’s book, the review responds to Kagan’s perception of power using the assumptions of international law, contrasting his definition of power to that of several international legal scholars. It then places Kagan’s realist approach in a broader context of international relations and international legal theory, beginning with a discussion of challenges to realism, and concluding with an examination of the growing body of “integrationist” literature which posits that the fields of international law and international relations are merging. The review then returns to the question of power, examining ways in which Kagan’s book challenges …