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Articles 1 - 10 of 10

Full-Text Articles in Law

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman Dec 2003

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Rutgers Law School (Newark) Faculty Papers

In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the ...


National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock Oct 2003

National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock

ExpressO

In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely ...


"Lifestyle" Discrimination In Employment, Stephen D. Sugarman May 2003

"Lifestyle" Discrimination In Employment, Stephen D. Sugarman

Stephen D Sugarman

This article examines instances in which employers fire or refuse to hire workers because of their conduct off of the job (their lifestyle). It explores employer reasons for such practices and considers employee objections on the basis of their privacy rights. Then it considers a range of legal protection that is or might be given to protect employees from such discrimination.


The “Vast Wasteland” Speech Revisited, Jonathan Blake May 2003

The “Vast Wasteland” Speech Revisited, Jonathan Blake

Federal Communications Law Journal

No abstract provided.


A Two-Dimensional Framework For Analyzing Property Rights Regimes, Shi-Ling Hsu Jan 2003

A Two-Dimensional Framework For Analyzing Property Rights Regimes, Shi-Ling Hsu

Shi-Ling Hsu

This article proposes an integrative framework wherein all property regimes can be expressed as a function of two fundamental characteristics: (i) whether the dominant right is a use right or an exclusion right (or some degree thereof), and (ii) the size of the party jointly holding the dominant right. This article will show how all property regimes can be characterized by these two variables. By analyzing property regimes in such a framework, property regimes can be related to each other, and conditions can be identified under which the regimes function best. I introduce four fundamental property regimes: the Individual Use ...


De La Razón De Estado A La Razón De Mercado, José Antonio Lozano Díez Jan 2003

De La Razón De Estado A La Razón De Mercado, José Antonio Lozano Díez

José Antonio Lozano Díez

No abstract provided.


The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo Jan 2003

The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo

Faculty Scholarship at Penn Law

Recent Supreme Court decisions and political events have reinvigorated the debate over Congress's authority to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitutional Convention rejected the executive by committee employed by the Articles of the Confederation in favor of a unitary executive in which all administrative authority is centralized in the President. More recently, the debate has turned towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features of the constitutional landscape as to preempt arguments in favor of the ...


Accounting For Science: The Independence Of Public Research In The New Subterranean Administrative Law,, Donald Thomas Hornstein Jan 2003

Accounting For Science: The Independence Of Public Research In The New Subterranean Administrative Law,, Donald Thomas Hornstein

Faculty Publications

No abstract provided.


Cutting Science, Ecology, And Transparency Out Of National Forest Management: How The Bush Administration Uses The Judicial System To Weaken Environmental Laws, William Snape Iii Jan 2003

Cutting Science, Ecology, And Transparency Out Of National Forest Management: How The Bush Administration Uses The Judicial System To Weaken Environmental Laws, William Snape Iii

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Rulemaking, Michael Herz Jan 2003

Rulemaking, Michael Herz

Articles

No abstract provided.