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2004

Selected Works

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Articles 1 - 30 of 805

Full-Text Articles in Law

Faculty Salary Compression: A Model For Response, Elizabeth Reilly, Chand Midha, Thomas Calderon, Richard Steiner Sep 2015

Faculty Salary Compression: A Model For Response, Elizabeth Reilly, Chand Midha, Thomas Calderon, Richard Steiner

Thomas Calderon

This paper describes a process used by The University of Akron to address salary compression. The process allocates salary adjustment resources to disciplines based on relative salary ratios derived from benchmarks. Amounts earmarked for specific disciplines are then distributed to departments for allocation to individual faculty based on merit. The process also invokes concepts of fairness and equity, and includes a component distributed to productive faculty members based on rank and experience. Outcomes, challenges, and implications of the process are examined.


How Applicable Is The Dominant Firm Model Of Price Leadership, Bart Wilson Aug 2014

How Applicable Is The Dominant Firm Model Of Price Leadership, Bart Wilson

Bart J Wilson

No abstract provided.


Introduction To The Civil Procedure Puzzle, Robert Bloom Oct 2013

Introduction To The Civil Procedure Puzzle, Robert Bloom

Robert Bloom

No abstract provided.


Appointed To The Scientific Committee Of The European Centre For Life Sciences, Health, And The Courts At The Collegio Ghislieri At The University Of Pavia, Charles Baron Aug 2013

Appointed To The Scientific Committee Of The European Centre For Life Sciences, Health, And The Courts At The Collegio Ghislieri At The University Of Pavia, Charles Baron

Charles H. Baron

No abstract provided.


Normativity And Biomedicine In The United States Of America, Charles Baron Aug 2013

Normativity And Biomedicine In The United States Of America, Charles Baron

Charles H. Baron

No abstract provided.


De Quinlan À Schiavo: Le Droit À La Mort Et Le Droit À La Vie En Droit Américain, Charles Baron Aug 2013

De Quinlan À Schiavo: Le Droit À La Mort Et Le Droit À La Vie En Droit Américain, Charles Baron

Charles H. Baron

No abstract provided.


Texas Family Law: A Focus On Property Issues, Sydney Beckman, Heather King, Bruce Beverly, Randall Wilhite Nov 2009

Texas Family Law: A Focus On Property Issues, Sydney Beckman, Heather King, Bruce Beverly, Randall Wilhite

Bruce L. Beverly

No abstract provided.


Publications Calling Article I, Section 7, Clause 3 The Orders, Resolutions, And Votes Clause, Seth Barrett Tillman Dec 2004

Publications Calling Article I, Section 7, Clause 3 The Orders, Resolutions, And Votes Clause, Seth Barrett Tillman

Seth Barrett Tillman

The following publications call Article I, Section 7, Clause 3 the Orders, Resolutions, and Votes Clause.

[September 28, 2014]


The End Of The Ecsc, Benedetta Carla Angela Ubertazzi Dec 2004

The End Of The Ecsc, Benedetta Carla Angela Ubertazzi

Benedetta Carla Angela Ubertazzi

No abstract provided.


Courts Should 'Send Message' To Prosecutors, Timothy O'Neill Dec 2004

Courts Should 'Send Message' To Prosecutors, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


The Canon Of Family Law, Jill Elaine Hasday Dec 2004

The Canon Of Family Law, Jill Elaine Hasday

Jill Elaine Hasday

What is the canon of family law? By canon, I mean the ways of thinking about family law that are widely shared by legal scholars and especially by legal authorities, like legislators and judges. The existing literature on canons, which has long centered on the literary canon and has recently turned to the constitutional law canon, has most commonly understood a canon to be a set of foundational texts that exemplify, guide, and constitute a discipline. In part, the family law canon tracks this traditional focus on the inclusion and exclusion of texts, even if the family law canon does …


A New Right To Property: Civil War Confiscation In The Reconstruction Supreme Court, Daniel W. Hamilton Dec 2004

A New Right To Property: Civil War Confiscation In The Reconstruction Supreme Court, Daniel W. Hamilton

Daniel W. Hamilton

During the Civil War, both the Union Congress, in the First and Second Confiscation Acts, and the Confederate Congress, in the Sequestration Act, put in place sweeping confiscation programs designed to seize the private property of enemy citizens on a massive scale. This paper compares property confiscation in the Union and the Confederacy. It examines congressional debates, the social impact of confiscation legislation, and the interpretation of confiscation doctrine by the Supreme Court. I contend that the Civil War experiment with confiscation helped cause an important shift in American property ideology and constitutional law by accelerating the rise of liberal …


Los Actos Jurídicos En Sentido Estricto: Sus Bases Históricas Y Dogmáticas, Leysser L. León Dec 2004

Los Actos Jurídicos En Sentido Estricto: Sus Bases Históricas Y Dogmáticas, Leysser L. León

Leysser L. León

Aunque propuesta con posterioridad a la teoría general del negocio jurídico, la categoría del acto jurídico en sentido estricto (Rechtshandlung) no ha sido convenientemente estudiada en la doctrina del derecho civil peruano. Prestando atención a las normas del Código Civil peruano vigente, se exponen las bases históricas y dogmáticas de los actos en sentido estricto, y se aportan elementos para su configuración con arreglo a este marco normativo.


The Function Of The Supreme People’S Court Of Regulating Economy——Re-Evaluation Of The Zhongfu Industry Guarantee Case(最高法院规制经济的功能──再评“中福实业公司担保案”), Meng Hou Dec 2004

The Function Of The Supreme People’S Court Of Regulating Economy——Re-Evaluation Of The Zhongfu Industry Guarantee Case(最高法院规制经济的功能──再评“中福实业公司担保案”), Meng Hou

Hou Meng

No abstract provided.


How The Supreme Court Regulates Economy: Review On Exterior Coordination Cost(最高人民法院如何规制经济──外部协调成本的考察), Meng Hou Dec 2004

How The Supreme Court Regulates Economy: Review On Exterior Coordination Cost(最高人民法院如何规制经济──外部协调成本的考察), Meng Hou

Hou Meng

No abstract provided.


Stick Houses In Peshawbestown, Matthew L.M. Fletcher Dec 2004

Stick Houses In Peshawbestown, Matthew L.M. Fletcher

Matthew L.M. Fletcher

No abstract provided.


A New Approach To Old Cases: Reconsidering Statutes Of Limitation, Ehud Guttel, Michael Novick Dec 2004

A New Approach To Old Cases: Reconsidering Statutes Of Limitation, Ehud Guttel, Michael Novick

Ehud Guttel

Statutes of limitation currently occur in two forms. The first and traditional form defines a fixed period within which the plaintiff may file her claim, and bars a claim that is filed after this period. The second form, the discovery rule, softens the traditional statute’s bar when the plaintiff is reasonably unaware, for some time after the harm occurs, of some of the facts essential to her claim.

This Article proposes a new model of statue of limitation that transforms temporal limitation from a sanction rule to a price rule. The traditional regime and the discovery rule divide time into …


Further Evidence That Legalized Abortion Lowered Crime: A Reply To Joyce, John Donohue, Steven D. Levitt Dec 2004

Further Evidence That Legalized Abortion Lowered Crime: A Reply To Joyce, John Donohue, Steven D. Levitt

John Donohue

No abstract provided.


Civilian Immunity And The Rebuttable Presumption Of Innocence, James M. Donovan Dec 2004

Civilian Immunity And The Rebuttable Presumption Of Innocence, James M. Donovan

James M. Donovan

"Terrorist" is a word that at once vilifies and justifies, serving the same function in today's politics and popular imagination as was served by the term "Nazi" a half century ago, or "communist" thereafter, or "witch" in our colonial days, in that it is "always, or even necessarily, wrong." Few appellations today are as effective to ostracize a person, movement, or organization from civilized company, and an astonishing array of actions and reactions can be fully warranted when having as their intent a response to the mere threat -- much less an actual act -- of terrorism.

This Essay does …


What’S Wrong With An International Labor Market?, Thomas Kohler Nov 2004

What’S Wrong With An International Labor Market?, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Journalism Ethics In Wartime, Erik Ugland, Karen Slattery Nov 2004

Journalism Ethics In Wartime, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.


Data, Detention, And Girls, Francine Sherman Nov 2004

Data, Detention, And Girls, Francine Sherman

Francine T. Sherman

No abstract provided.


Group Justice? Legal Moves That Lump Pharma Cases Together Are Bad For Justice And Bad For The Industry, William Janssen Nov 2004

Group Justice? Legal Moves That Lump Pharma Cases Together Are Bad For Justice And Bad For The Industry, William Janssen

William M. Janssen

This article critiques the judicial penchant for combining drug and device tort cases together for adjudication, and posits that the functional challenges encountered with such efficiencies compromise the essential truth-finding process of such litigation.


The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield Nov 2004

The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …


Unsettling Efficiency: When Non-Class Aggregation Of Mass Torts Creates Second-Class Settlements, Elizabeth Chamblee Burch Nov 2004

Unsettling Efficiency: When Non-Class Aggregation Of Mass Torts Creates Second-Class Settlements, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

Abstract: The potential for attorneys to collude in reaching a settlement agreement arises in any large-scale aggregation of mass torts. In the 1990s, attorneys settled seventy-four percent of the mass tort cases consolidated for transfer by the Judicial Panel on Multidistrict Litigation. Even though most mass tort litigation settles, the judicial system ensures the fairness and integrity of settlements only in the bankruptcy and class action contexts. Consequently, the fairness of the settlement can vary depending on how the judicial system aggregates the claims. Only thirty-nine percent of aggregated claims resulted in class action settlements. Two percent received bankruptcy protections. …


Help Is On The Way, Gail A. Partin, Mary Ann Neary, Jennifer Murray Nov 2004

Help Is On The Way, Gail A. Partin, Mary Ann Neary, Jennifer Murray

Gail A. Partin

No abstract provided.


The Normativity Of Law In Law And Economics, Péter Cserne Nov 2004

The Normativity Of Law In Law And Economics, Péter Cserne

Péter Cserne

This paper is about some theoretical and methodological problems of law and economics. I will use game theoretical insights to address an issue which is relevant both for law and economics and legal philosophy: How should a social scientific analysis of law account for the normativity of law, i.e. the non-instrumental reasons for rule-following while retaining the observer’s (explanatory or descriptive) perspective. My goal is to offer a constructive critique of both traditional law and economics scholarship and mainstream analytical legal philosophy in this respect. I will try to find out how law and economics has to account for the …


Advanced Judicial Opinion Writing, Gerald Lebovits Nov 2004

Advanced Judicial Opinion Writing, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


“Mediation Presents Opportunities To Meet Objectives”, Abraham Gafni Nov 2004

“Mediation Presents Opportunities To Meet Objectives”, Abraham Gafni

Abraham Gafni

No abstract provided.


Conduct, Results And Knowledge, Timothy O'Neill Nov 2004

Conduct, Results And Knowledge, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin