Law Commons^™

Judge Judges On How They Use Their Power, Alan E. Garfield

Alan E Garfield

No abstract provided.

Devising New Labels For Men And Women In Robes, Timothy O'Neill

Timothy P. O'Neill

Challenges And Possibilities Facing The Courts, J. Leonard

J. Rich Leonard

No abstract provided.

The Well Balanced Lawyer, Susan Daicoff

Susan Daicoff

No abstract provided.

Fair Use And Copyright Protection: A Price Theory Explanation , Ben Depoorter, Francesco Parisi

Ben Depoorter

Copyright scholars suggest that computer technology has reduced transaction costs associated with copyright transfer, allegedly eliminating the need for the fair use doctrines that were developed to allow limited use of copyrighted material in situations where the transaction costs of securing authorized use would be prohibitive. According to this emerging view, in an ideal world with no contracting costs, third party use of copyrighted material could realistically only take place with the express consent of the copyright holder. This would give the author absolute power to dispose of his work, including the right to veto uses, without the possibility of …

Adhering To The Old Line: Uncovering The History And Political Function Of The Unrelated Business Income Tax, Ethan Stone

Ethan G. Stone

The paper examines the history of the building pressure during the 1940s the pass the UBIT and finds that the traditional explanations hide an underlying political function. As the charitable exemption became more important with the expansion of the income tax in the 1940s, it attracted new attention from both policymakers and a growing tax-shelter industry. Charities and sympathetic policymakers tried to justify a suddenly important blanket subsidy to charity on the basis of the charities exclusive dedication to good works. Tax-shelter promoters made the effort more difficult by featuring charities in roles, such as buying and leasing commercial real …

Transgender Theory: Reprogramming Our Automated Settings, Marybeth Herald

Marybeth Herald

Over the course of the last few decades, both law and society have struggled to deprogram unhelpful and downright destructive gender stereotypes that are ubiquitous in our everyday existence. It has not been an easy task, nor entirely successful on either the legal or cultural front. Laws that prohibit gender discrimination, such as Title VII, have helped end overt discrimination. The next phase involves the challenging problem of unconscious bias, which often effectively keeps us treading the same mental paths while bypassing any roads not traveled.

It is not surprising then that when the validity of even the basic categories …

Gender Equity In Intercollegiate Athletics: Where Does Pennsylvania Stand?, David Cohen

David S Cohen

No abstract provided.

Majority Norms, Multiculturalism, And Gender Equality, Sarah Song

Sarah Song

No abstract provided.

Property Law And Development Economics, Joyce Palomar

Joyce Palomar

No abstract provided.

Drop Down? Drop Dead! Excess Insurers Not Required To Provide Primary Coverage In Lieu Of An Insolvent Insurer, Daniel Austin

Daniel A. Austin

Courts have consistently ruled that excess insurers are not required to provide "drop-down" coverage to pay for losses sustained by policyholders in cases where (a) the primary underlying insurer is insolvent and unable to pay or (b) the policyholder itself is in bankruptcy and is unable or unwilling to pay the deductible or self-insured retention amount. Why do so many insured parties seem to have missed the message and still seek to have their excess carriers provide drop-down coverage? This article will examine the issue by looking at several cases.

Speechless: The Silencing Of Criminal Defendants, Alexandra Natapoff

Alexandra Natapoff

Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski

Paul R. Tremblay

No abstract provided.

Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu

Chiehwen Ed Hsu

No abstract provided.

The Donation Registry, Robert Cooter

Robert Cooter

To redistribute income, charitable giving must supplement progressive taxes. One person can sometimes observe another's donations to specific charities, but one person cannot observe another's total donations to all charities. Consequently, people do not have enough information to know whether each person is doing his fair share of charitable giving. In these circumstances, the social norm concerning how much people ought to give remains inchoate and redistribution is deficient. To remedy this problem, I propose various means to publicize donations, ultimately leading to a donation registry.

8. The Science Of Child Sexual Abuse., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek

Thomas D. Lyon

Understanding The Solution For Microsoft, Ivo T. Gico

Ivo Teixeira Gico Jr.

Nesse artigo, o autor examinou a solução do caso da Microsoft, tentando responder as seguintes perguntas: Seria a Microsoft responsável pelo monopólio do mercado de sistemas operacionais e pela vinculação ilegal no mercado de navegadores? Qual seria a solução menos drástica e intrusiva que poderia solucionar todas as acusações? Teria o Judiciário encontrado uma solução equilibrada para criar a competção sem destruir a Microsoft? Que abordagem seria melhor?

In this paper, the author examines the issue of relief in the Microsoft case, trying to answer the following questions: Is Microsoft liable for monopolization on the operating system market and illegal …

Developing Partnerships Between Law Enforcement And American Muslim, Arab, And Sikh Communities: The Greater Boston Experience Follow Up Case Study, Debbie Ramirez, Sasha O'Connell, Rabia Zafar

Deborah A. Ramirez

No abstract provided.

Of Upov & Trips, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.

Courts Locking Selves In On Search And Seizure, Timothy O'Neill

Timothy P. O'Neill

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus

Mary Sue Backus

No abstract provided.

Awarding Damages Under The United Nations Convention On The International Sale Of Goods: A Matter Of Interpretation, John Gotanda

John Y Gotanda

This article seeks to further a great aspiration of international law, providing a uniform set of rules governing trade. To this end, it offers a new method of interpreting the United Nations Convention on the International Sale of Goods that would foster greater uniformity among decisions calculating damages.

Claims for damages in transnational contract disputes often involve millions of dollars. While the Convention provides for the awarding of damages, the relevant articles set forth only the most basic framework for calculating damages. To resolve unsettled issues concerning the calculation of damages, courts and tribunals have turned to domestic rules, instead …

The Right To Counsel In Criminal Cases, Mary Sue Backus

Mary Sue Backus

No abstract provided.

Cooperation Or Conflict: Leadership And Accountability In A Confusing And Perilous World, Evangeline Sarda

Evangeline Sarda

No abstract provided.

Check Substitution: The Payment Processors' Perspective, Christian Johnson, Peter Soraparu

Christian A. Johnson

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.

Culture Jamming, The Trickster And The Media Machine, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Yom Kippur Lessons, Lawrence Hellman

Lawrence K. Hellman

No abstract provided.

Mp3s Are Killing Home Taping: The Rise Of Internet Distribution And Its Challenge To The Major Label Music Monopoly, Kembrew Mcleod

Kembrew McLeod

The phrase “home taping is killing music”—a slogan invented and heavily promoted by major labels to combat the unauthorized duplication of music in the early-1980s—now sounds quaint after the rise of digital distribution. Because the legal arguments surrounding the trading of copyrighted music on file-sharing networks have been extensively debated elsewhere, this article primarily focuses on the way this alternative distribution system poses a very real challenge to major labels. That music monopoly, which has been in place for a century, was able to secure its dominance because it controlled the means of production—something that is no longer the case, …

My Morning Jacket, Kembrew Mcleod

Kembrew McLeod

No abstract provided.