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2005

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Full-Text Articles in Law

Anotaciones Sobre Análisis Económico Del Derecho: Escuelas, Carlos Pablo Márquez Escobar Sep 2015

Anotaciones Sobre Análisis Económico Del Derecho: Escuelas, Carlos Pablo Márquez Escobar

Pablo Márquez PhD

No abstract provided.


From White-Collar Crime To Organizational Crime: An Intellectual History, Kam Wong Sep 2015

From White-Collar Crime To Organizational Crime: An Intellectual History, Kam Wong

Kam C. Wong

The concept of white-collar crime has been with us now for half a century. Since then it has grown into a major field of criminological study. In the intervening years there was a discernible move from the study of white-collar crime as an individual phenomenon to the study of white-collar crime as an organization practice. This shift in focus, though not anticipated by Sutherland, was nonetheless made possible by his original conceptualization of white-collar criminality. How this conceptual transformation occurred is the interest of this author and the focus of the paper.


The Discovery Of Computer Crime In Hong Kong, Kam Wong Sep 2015

The Discovery Of Computer Crime In Hong Kong, Kam Wong

Kam C. Wong

On July 1 of 1997 Hong Kong was returned to China. At that point in time, Hong Kong was still operating as a traditional economy. Except in some circles - banking industry, stock exchange, information technology firms - information highway has yet to arrive and computer crimes were rare occurrences. After 1997, the Hong Kong Special Administrative Region (HKSAR or SAR) government pledged to develop Hong Kong into a 21st century cyberport. Overnight, information security emerged as a major concern and computer crime became a huge problem. How and why did the criminalization of computer deviance occurred? In what way is computer ...


Brown's Lesson: To Integrate Or Separate Is Not The Question, But How To Achieve A Non-Racist Society, Thomas Kleven Jul 2015

Brown's Lesson: To Integrate Or Separate Is Not The Question, But How To Achieve A Non-Racist Society, Thomas Kleven

Thomas Kleven

By ending official apartheid, Brown v. Board of Education represented a great victory in the struggle for racial justice in the United States. Following more than a decade of inaction as a result of its “all deliberate speed” formulation, and in response to the then prevailing sentiment among the proponents of Brown, the Supreme Court began to push for the integration of school districts that engaged in segregation by law or practice. This integrationist push lasted from the late 1960s to the late 1970s. Beginning in the mid-1970s the Court began to limit the remedies for segregation by law or ...


Auction Markets For Evaluations, Bart Wilson, Cary Deck Aug 2014

Auction Markets For Evaluations, Bart Wilson, Cary Deck

Bart J Wilson

No abstract provided.


Market Power And Price Movements Over The Business Cycle, Bart Wilson, Stanley Reynolds Aug 2014

Market Power And Price Movements Over The Business Cycle, Bart Wilson, Stanley Reynolds

Bart J Wilson

This paper develops and tests implications of an oligopoly-pricing model. The model predicts that during a demand expansion, the short run competitive price is a pure strategy Nash equilibrium but in a recession, firms set prices above the competitive price. Thus, price markups over the competitive price are countercyclical. Prices set during a recession are more variable than prices set in expansions because firms employ mixed strategy pricing in recessions. The empirical analysis utilizes Hamilton's time series switching regime filter to test the predictions of the model. Fourteen out of fifteen industries have fluctuations consistent with this oligopoly-pricing model.


Verifiable Offers And The Relationship Between Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas Aug 2014

Verifiable Offers And The Relationship Between Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas

Bart J Wilson

We use the experimental method to compare second-price auctions with 'verifiable' multilateral negotiations in which the sole buyer can credibly reveal to sellers the best price offer he currently holds. Despite the two institutions' seeming equivalence, we find that prices are lower in verifiable multilateral negotiations than in second-price auctions. The difference occurs because low-cost sellers in negotiations often submit initial offers below the second-lowest cost. We also compare the two institutions to previously studied first-price auctions and multilateral negotiations with non-verifiable offers. Second-price auctions yield the highest prices, followed in order by verifiable negotiations, non-verifiable negotiations and first-price auctions.


Teaching E-Commerce Through The Use Of Real-Time Interactive Laboratory Experiments, Bart Wilson, Roumen Vragov Aug 2014

Teaching E-Commerce Through The Use Of Real-Time Interactive Laboratory Experiments, Bart Wilson, Roumen Vragov

Bart J Wilson

No abstract provided.


When Punishment Fails: Research On Sanctions, Intentions And Non-Cooperation, Vernon Smith, Daniel Houser, Erte Xiao, Kevin Mccabe Mar 2014

When Punishment Fails: Research On Sanctions, Intentions And Non-Cooperation, Vernon Smith, Daniel Houser, Erte Xiao, Kevin Mccabe

Kevin A McCabe

People can become less cooperative when threatened with sanctions, and previous research has pointed to both intentions and incentives as sources of this effect. This paper reports data from a novel experiment aimed at determining the relative importance of intentions and incentives in producing non-cooperative behavior in a personal exchange environment. Subjects play a one-shot investment game in pairs. Investors send an amount to trustees and request a return on this investment and, in some treatments, are given the option to threaten sanctions to enforce this return request. The decisions of trustees who face credible threats intentionally imposed (or not ...


Preemption Of Common Law Claims And The Prospects For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer Hendricks Mar 2014

Preemption Of Common Law Claims And The Prospects For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer Hendricks

Jennifer S. Hendricks

In the upcoming Term, the Supreme Court will consider a case raising the question whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts state tort law, or only state positive law. FIFRA, under which the Environmental Protection Agency regulates pesticide labels, has an express preemption clause and clearly preempts state positive law on labeling. The question presented is whether and to what extent it also preempts state tort law, particularly claims for failure to warn.

The Court's precedent on preemption of state tort law is erratic, but for some reason, the pro-preemption view has been much more popular with ...


Prime-Time Lies: Do Lawyer Portrayals Influence How People Think About The Legal Profession?, Victoria Salzmann, Philip Dunwoody Oct 2013

Prime-Time Lies: Do Lawyer Portrayals Influence How People Think About The Legal Profession?, Victoria Salzmann, Philip Dunwoody

Victoria Salzmann

No abstract provided.


American Legal Education, Robert Bloom Oct 2013

American Legal Education, Robert Bloom

Robert Bloom

No abstract provided.


Fédéralisme Et Dialogue Sur L'Égalité: Une Comparaison Des Droits Des Etats-Unis Et De L'Union Européenne, Charles Baron, Sophie Robin-Olivier Aug 2013

Fédéralisme Et Dialogue Sur L'Égalité: Une Comparaison Des Droits Des Etats-Unis Et De L'Union Européenne, Charles Baron, Sophie Robin-Olivier

Charles H. Baron

No abstract provided.


Christ And Culture In Harold Berman’S Theology Of Revolt, Kevin Lee Jul 2013

Christ And Culture In Harold Berman’S Theology Of Revolt, Kevin Lee

Kevin P. Lee

No abstract provided.


Nature And Grace In Legal Education, Kevin Lee Jul 2013

Nature And Grace In Legal Education, Kevin Lee

Kevin P. Lee

No abstract provided.


Implementation Of The Rome Statute In Estonia, Rain Liivoja, René Värk, Merri Kastemäe Jan 2013

Implementation Of The Rome Statute In Estonia, Rain Liivoja, René Värk, Merri Kastemäe

René Värk

No abstract provided.


The Market For Lawyers In Chile, Rafael Mery Nieto Jul 2012

The Market For Lawyers In Chile, Rafael Mery Nieto

Rafael Mery Nieto

No abstract provided.


Barreras A La Entrada En El Mercado De Cigarrillos, Rafael Mery Nieto Jul 2012

Barreras A La Entrada En El Mercado De Cigarrillos, Rafael Mery Nieto

Rafael Mery Nieto

No abstract provided.


Wrongful Abortion: A Wrong In Search Of A Remedy, Ronen Perry, Yehuda Adar Feb 2012

Wrongful Abortion: A Wrong In Search Of A Remedy, Ronen Perry, Yehuda Adar

Yehuda Adar Dr.

Wrongful abortion is an abortion that a pregnant woman is induced to undergo by a negligent conduct (usually a medical misrepresentation). For example, early in her pregnancy a woman is told by her physician that a medication that she had taken would cause her baby to be born with a severe birth defect. Based on the expert opinion, she decides to undergo an abortion. Only after the abortion does she learn that the advice regarding the baby's health was a negligent misrepresentation, and that the termination of the pregnancy was unnecessary. Underlying our article is a fundamental intuition that ...


Wrongful Abortion: A Wrong In Search Of A Remedy, Ronen Perry, Yehuda Adar Aug 2011

Wrongful Abortion: A Wrong In Search Of A Remedy, Ronen Perry, Yehuda Adar

Yehuda Adar Dr.

Wrongful abortion is an abortion that a pregnant woman is induced to undergo by a negligent conduct (usually a medical misrepresentation). For example, early in her pregnancy a woman is told by her physician that a medication that she had taken would cause her baby to be born with a severe birth defect. Based on the expert opinion, she decides to undergo an abortion. Only after the abortion does she learn that the advice regarding the baby's health was a negligent misrepresentation, and that the termination of the pregnancy was unnecessary. Underlying our article is a fundamental intuition that ...


Sports & Inequality, Robert Hayman, Michael Cozzillio Apr 2009

Sports & Inequality, Robert Hayman, Michael Cozzillio

Michael J. Cozzillio

No abstract provided.


Modeling Facts, Culture, And Cognition In The Gun Debate, Donald Braman, Dan Kahan, James Grimmelmann Apr 2008

Modeling Facts, Culture, And Cognition In The Gun Debate, Donald Braman, Dan Kahan, James Grimmelmann

Donald Braman

Can empirical data generate consensus about how to regulate firearms? If so, under what conditions? Previously, we presented evidence that individuals' cultural worldviews explain their positions on gun control more powerfully than any other fact about them, including their race or gender, the type of community or region of the country they live in, and even their political ideology or party affiliation. On this basis, we inferred that culture is prior to facts in the gun debate: empirical data can be expected to persaude individuals to change their view on gun policies only after those individuals come to see those ...


Scholarly Writing For Law Students: Seminar Papers, Law Review Notes And Law Review Competition Papers, 3rd Ed., Elizabeth Fajans, Mary Falk Nov 2007

Scholarly Writing For Law Students: Seminar Papers, Law Review Notes And Law Review Competition Papers, 3rd Ed., Elizabeth Fajans, Mary Falk

Mary R. Falk

No abstract provided.


Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen Dec 2005

Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen

Faculty Scholarship

First-year law students arrive for their first day of classes with varying perceptions about the practice of law and what it means to be a lawyer. Although some students have first-hand knowledge of the profession based on their work in a law office or from family members who are attorneys, many students base their entire conception of what it means to be a lawyer on images from popular media. The Authors discuss how they used a literary account to acquaint students with an authentic picture of litigation, while still teaching the rudiments of legal research and writing. The book used ...


Ethics In A Global Biopharmaceutical Environment, Michael J. Malinowski Dec 2005

Ethics In A Global Biopharmaceutical Environment, Michael J. Malinowski

Journal Articles

No abstract provided.


The Decline Of Defense Counsel And The Rise Of Accuracy In Criminal Adjudication, Darryl K. Brown Dec 2005

The Decline Of Defense Counsel And The Rise Of Accuracy In Criminal Adjudication, Darryl K. Brown

California Law Review

No abstract provided.


Speech Discrimination, John Fee Dec 2005

Speech Discrimination, John Fee

Faculty Scholarship

No abstract provided.


Moral Hazard And The Initial Public Offering, A. Christine Hurt Dec 2005

Moral Hazard And The Initial Public Offering, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen Dec 2005

Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen

Faculty Scholarship

Under current international law, combatant status is an all-or-nothing proposition. Either a fighting force qualifies under all the criteria of article 4 of the GPW and receives all the privileges and immunities of combatant status, or a force does not qualify, and is provided no protection above that of any other civilian in the area, and may even be disqualified from the protections afforded to civilians. Given the reality of today's battlefields where the conflict is seldom between the armed forces of two nations, these requirements are counterproductive and provide a disincentive for fighters to distinguish themselves from the ...


The Exit Structure Of Venture Capital, D. Gordon Smith Dec 2005

The Exit Structure Of Venture Capital, D. Gordon Smith

Faculty Scholarship

Venture capital contracts contain extensive provisions regulating exit by the venture capitalists. In this Article, Professor Smith employs financial contracting theory in conjunction with original data collected from 367 venture-backed companies to analyze these exit provisions. He concludes that the combination of exit provisions in a typical venture capital relationship serves to lock venture capitalists into the investment during the initial stage. In later stages of the relationship, the venture capitalists acquire increasing control over exit by securing additional seats on the board of directors and by obtaining contractual exit rights. The result is a sophisticated transfer of control from ...