Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2005

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 9691 - 9720 of 10511

Full-Text Articles in Law

On The Regulation Of Networks As Complex Systems: A Graph Theory Approach, Daniel F. Spulber, Christopher S. Yoo Jan 2005

On The Regulation Of Networks As Complex Systems: A Graph Theory Approach, Daniel F. Spulber, Christopher S. Yoo

All Faculty Scholarship

The dominant approach to regulating communications networks treats each network component as if it existed in isolation. In so doing, the current approach fails to capture one of the essential characteristics of networks, which is the complex manner in which components interact with one another when combined into an integrated system. In this Essay, Professors Daniel Spulber and Christopher Yoo propose a new regulatory framework based on the discipline of mathematics known as graph theory, which better captures the extent to which networks represent complex systems. They then apply the insights provided by this framework to a number of current …

Go to article

Guantanamo And The Conflict Of Laws: Rasul And Beyond, Kermit Roosevelt Iii Jan 2005

Guantanamo And The Conflict Of Laws: Rasul And Beyond, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.

Go to article

The Microfoundations Of Standard Form Contracts: Price Discrimination Vs. Behavioral Bias, Jonathan Klick Jan 2005

The Microfoundations Of Standard Form Contracts: Price Discrimination Vs. Behavioral Bias, Jonathan Klick

All Faculty Scholarship

Standard form contracts, or contracts of adhesion, appear to provide contradictory evidence for the operation of bargaining in the markets where they are common. Non-negotiated contract terms that seemingly benefit sellers to the detriment of buyers call into question the efficiency implications of the Coase Theorem, which forms the foundation of positive law and economics. Proponents of the behavioral school of law and economics have suggested that behavioral biases, observed in experimental contexts, provide the most plausible explanation for standard form contracts. However, price discrimination might provide a more parsimonious explanation for abusive terms in contracts. If there is heterogeneity …

Go to article

Reflections On Justice Before And After Brown , Constance Baker Motley Jan 2005

Reflections On Justice Before And After Brown , Constance Baker Motley

Fordham Urban Law Journal

This Article discusses the important role that Brown v. Board of Education and the federal legislation that followed from it played in nullifying the Jim Crow edits. The Article examines how the result in Brown and certain subsequent events allowed for the creation of a black middle class. Martin Luther King's movement directly challenging state-forced segregation was highly effective in this matter; his 1963 march on Washington, in which 250,000 people turned up in support, became the turning point in the segregation battle. Brown also served as a predicate for the passage of the 1964 Federal Civil Rights Act which …

Go to article

The Vanishing Public Domain: Antibiotic Resistance, Pharmaceutical Innovation And Global Public Health, Kevin Outterson Jan 2005

The Vanishing Public Domain: Antibiotic Resistance, Pharmaceutical Innovation And Global Public Health, Kevin Outterson

Faculty Scholarship

Penicillin and other antibiotics were the original wonder drugs and laid the foundation of the modern pharmaceutical industry. Human health significantly improved with the introduction of antibiotics. By 1967, the US Surgeon General declared victory over infectious diseases in the US. But pride goes before a fall. The evolutionary pressure of antibiotic use selects for resistant strains with the least fitness cost. Effective drugs should be used. But when they are used, no matter how carefully, evolutionary pressure for resistance is created. The problem is not limited to antibiotics. Variants of the human immunodeficiency (AIDS) virus develop resistance to anti-retroviral …

Go to article

Online Defamation: A Case Study In Competing Rights, Julie Dare Jan 2005

Online Defamation: A Case Study In Competing Rights, Julie Dare

Theses : Honours

As a consequence of the dominant role the United States has played in its development, the Internet has become synonymous with a liberal interpretation of freedom of expression, heavily imbued with First Amendment free speech principles. This has resulted in an environment that supports an adversarial, aggressive style of interaction; an environment which has become a "defamation prone zone" (Edwards, 1997). However, resolving online defamation disputes is problematic, particularly in cross-jurisdictional cases involving defendants based in the United States. Incongruities in the balance of free speech and reputation between the United States and most other countries, as expressed through defamation …

Go to article

The Unbearable “Lite”Ness Of History: American Sodomy Laws From Bowers To Lawrence And The Ramifications Of Announcing A New Past, Neil Margolies Jan 2005

The Unbearable “Lite”Ness Of History: American Sodomy Laws From Bowers To Lawrence And The Ramifications Of Announcing A New Past, Neil Margolies

Fordham Urban Law Journal

This Article

Go to article

The Return Of Spending Limits: Campaign Finance After Landell V. Sorrell, Richard Briffault Jan 2005

The Return Of Spending Limits: Campaign Finance After Landell V. Sorrell, Richard Briffault

Fordham Urban Law Journal

The article begins by introducing Landell and stating that it is an important decision in campaign finance law because it is the first time since Buckley that a court has held that a candidate expenditure limitation can be constitutional. It then goes through a history of the evolving judicial consideration of candidate expenditure limitations, discussing cases such as Buckley, Homans, and Landell. The article continues by discussing the Landell panels assertion that public funding and spending limits may actually be in conflict with one another. It then goes through some arguments that make the case for spending limits, including prevention …

Go to article

Will 9/11 Continue To Take A Toll On America’S Cities?, David Dixon Jan 2005

Will 9/11 Continue To Take A Toll On America’S Cities?, David Dixon

Fordham Urban Law Journal

Terrorism and enhanced security concerns are firmly planted in the American psyche. It is hard for most Americans to accept the need to balance the risks of terrorism against the costs and benefits of responding to these risks. In the absence of quantitative measures for most risk assessments, Americans will need to establish qualitative measures for deciding where and how to respond to terrorism. Architects, planners, and others who deal daily with the qualitative issues of city building can play an important leadership role in this effort, in part because the people who traditionally make risk assessments cannot. This qualitative …

Go to article

Securing America’S Capital, Patricia E. Gallagher Jan 2005

Securing America’S Capital, Patricia E. Gallagher

Fordham Urban Law Journal

The concrete barriers, sewer pipes, and chain-link fencing that prompted the National Capital Planning Commission’s security efforts inconvenienced city residents, workers, and visitors and degraded the appearance of one of the most carefully designed and naturally beautiful cities in the world. And yet, what made these barriers intolerable was their underlying message—that the nation’s capital would allow terrorists to limit the American hallmark of open access. The National Capital Planning Commission does not ask federal agencies to ignore the threat reality, but it does ask that agencies cease to install monuments of fear and retrenchment. As the capital’s watchful steward, …

Go to article

The Use Of Pilot Financing To Develop Manhattan's Far West Side, Amy F. Cerciello Jan 2005

The Use Of Pilot Financing To Develop Manhattan's Far West Side, Amy F. Cerciello

Fordham Urban Law Journal

Bonds backed by payments in lieu of taxes ("PILOTs") are a unique and little used mode of financing. They are a rare structure in the municipal debt markets. PILOT financing has a close analog: tax increment financing ("TIF"). TIF is a popular local redevelopment financing mechanism. Since its inception in California in 1952, all fifty states have implemented legislation authorizing the use of TIF. This Comment discusses TIF and its legal and financial drawbacks, and then applies the lessons learned from TIF to PILOT financing. Part I describes TIF's general structure and underlying rationale and then examines New York State's …

Go to article

The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss Jan 2005

The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss

Fordham Urban Law Journal

This Article addresses self-regulation in the legal industry. Lawyers have traditionally resisted the benefits of bureaucratic management. This Article highlights that many lawyers fear that centralized management controls with regard to regulation will undermine individual accountability. This article does not agree with that sentiment. This article uses data to suggest that centralized management, i.e. specialists in charge, may significantly improve individual accountability and compliance with professional rules. This article really reviews what it feels like are misconstrued assumptions about regulation at law firms. This Article argues that the nostalgia for an idealized collegial form has prevented legal scholars and regulators …

Go to article

Large Law Firms And Their Role In The Educational Continuum Of Lawyers, Paula A. Patton Jan 2005

Large Law Firms And Their Role In The Educational Continuum Of Lawyers, Paula A. Patton

Fordham Urban Law Journal

This Article examines the ways in which large law firms have served as educators. Furthermore, the Author considers how law firm efforts as educators might be enhanced. The paper looks at the necessity for law firms to continue to educate their associates and the motivation for associate training. The author proposes that law firms must embrace comprehensive strategies that impart performance standards, benchmarks, and core competencies through experiential training.

Go to article

Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks Jan 2005

Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks

Faculty Publications

No abstract provided.

Go to article

North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee Jan 2005

North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee

Book Chapters

No abstract provided.

Go to article

Critical Race Feminism Empirical Research Project: Sexual Harassment & (And) The Internal Complaints Black Box, A Defining The Voices Of Critical Race Feminism, Tanya K. Hernandez Jan 2005

Critical Race Feminism Empirical Research Project: Sexual Harassment & (And) The Internal Complaints Black Box, A Defining The Voices Of Critical Race Feminism, Tanya K. Hernandez

Faculty Scholarship

In this Article, I present a Critial Race Feminism (CRF) empirical sexual harassment project I recently conducted as a case study of how empirical research can be valuable to the future of CRF. Part I introduces the sexual harassment study and discusses the empirical questions it sought to explore. Part II then presents the empirical research design and the general trends that the data provided. Part III analyzes the key findings of the study and how it contributes to an understanding of how the application of sexual harassment law implicates race. The statistical analysis of survey responses from a group …

Go to article

Bad Children Or A Bad System: Problems In Federal Interpretation Of A Delinquent's Prior Record In Determining The Appropriateness Of A Discretionary Judicial Waiver, Jessica L. Anders Jan 2005

Bad Children Or A Bad System: Problems In Federal Interpretation Of A Delinquent's Prior Record In Determining The Appropriateness Of A Discretionary Judicial Waiver, Jessica L. Anders

Villanova Law Review

No abstract provided.

Go to article

Culture By Law: Backlash As Jurisprudence, Francisco Valdes Jan 2005

Culture By Law: Backlash As Jurisprudence, Francisco Valdes

Villanova Law Review

No abstract provided.

Go to article

The Road Less Traveled: The Third Circuit's Preservation Of Judicial Impartiality In An Imperfect World, Jay Hall Jan 2005

The Road Less Traveled: The Third Circuit's Preservation Of Judicial Impartiality In An Imperfect World, Jay Hall

Villanova Law Review

No abstract provided.

Go to article

Solving The Bargaining Democracy Problem Using A Constitutional Hierarchy Of Law, Clas Wihlborg Jan 2005

Solving The Bargaining Democracy Problem Using A Constitutional Hierarchy Of Law, Clas Wihlborg

Business Faculty Articles and Research

In the “bargaining democracy” groups form coalitions that are able to grant benefits to themselves through legislation. These benefits may lack popular support. A constitutional hierarchy of conflicting laws is proposed to resolve this democratic problem. In the hierarchy more “rule-oriented” legislation dominate. The hierarchy would create a momentum of the political process towards more rule-oriented legislation and policy debate. The difficulty of defining a rule operationally is overcome by limiting the task of a constitutional court to simply rank conflicting policy actions in terms of criteria for rules.

Go to article

Should We Mandate Doing Well By Doing Good?, Lawrence J. Fox Jan 2005

Should We Mandate Doing Well By Doing Good?, Lawrence J. Fox

Fordham Urban Law Journal

This Article looks at Pro Bono work at the top large law firms. The Author examines the pro bono commitment of America's most financially successful firms. The Article describes the contradiction between how the firms present themselves on pro bono work and what they actually accomplish. The Author believes the solution to this situation is mandatory pro bono. The Article proposes that the rules of professional conduct should require pro bono work.

Go to article

Professional Challenges In Large Firm Practice, Bruce A. Green Jan 2005

Professional Challenges In Large Firm Practice, Bruce A. Green

Fordham Urban Law Journal

This foreword introduces the idea of Professional Challenges in Large Law Firm practice. The author discusses the culture of large law firm life. This Foreword focused on two goals. First, the author offered an overview of the Stein Center Conference that inspired this issue under the same title as the foreword. Second, the author introduces the writings in this issue that came out of the conference. Overall, it offers an introduction of the nature of large law firm practice.

Go to article

Emerging Policy And Practice Issues (2004), Steven L. Schooner, Christopher R. Yukins Jan 2005

Emerging Policy And Practice Issues (2004), Steven L. Schooner, Christopher R. Yukins

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2004), attempts to identify the key trends and issues for 2005. The paper suggests that two rather unique items merit particular attention: the Darleen Druyun saga and the plight of contractors working in Iraq. Both frame compliance issues in stark relief. At the same time, we address what we perceive as the far more vexing issue that permeates federal procurement today: the excessive reliance upon, and corresponding misuse of, task-order contracting. We also discuss procurement spending trends (and the inevitable belt-tightening that must follow); contract-related litigation trends; …

Go to article

From International Law To Law And Globalization, Paul Schiff Berman Jan 2005

From International Law To Law And Globalization, Paul Schiff Berman

GW Law Faculty Publications & Other Works

International law's traditional emphasis on state practice has long been questioned, as scholars have paid increasing attention to other important - though sometimes inchoate - processes of international norm development. Yet, the more recent focus on transnational law, governmental and non-governmental networks, and judicial influence and cooperation across borders, while a step in the right direction, still seems insufficient to describe the complexities of law in an era of globalization. Accordingly, it is becoming clear that "international law" is itself an overly constraining rubric and that we need an expanded framework, one that situates cross-border norm development at the intersection …

Go to article

From Pluralism To Individualism: Berle And Means And 20th-Century American Legal Thought, Dalia Tsuk Mitchell Jan 2005

From Pluralism To Individualism: Berle And Means And 20th-Century American Legal Thought, Dalia Tsuk Mitchell

GW Law Faculty Publications & Other Works

This article is an intellectual history of Adolf A. Berle, Jr. and Gardiner C. Means, The Modern Corporation and Private Property (1932). I argue that Berle and Means's concern was not the separation of ownership from control in large pubic corporations, as many scholars have suggested, but rather the allocation of power between the state and a wide range of institutions. As I demonstrate, Berle and Means shared a legal pluralist vision of the modern state. Legal pluralism treated organizations as centers of power that had to be accommodated within the political and legal structure. Berle and Means viewed collective …

Go to article

Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol Jan 2005

Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol

GW Law Faculty Publications & Other Works

Lawrence M. Friedman has achieved a singular preeminence as a legal historian for articulating a new vision of legal history as a discipline in his 1973 work entitled A History of American Law. This book treats American law as a mirror of society. At the time, Friedman's vision was still something quite new in American legal historiography. James Willard Hurst's notions of legal history as a sociolegal inquiry would heavily influence Friedman, helping to move the field into new and often surprising precincts. Friedman's approach to legal history is one that introduced us to previously unexamined actors and institutions.

Whether …

Go to article

The 'Wildavsky Heuristic': The Cultural Orientation Of Mass Political Opinion, Donald Braman, John Gastil, Dan M. Kahan, Paul Slovic Jan 2005

The 'Wildavsky Heuristic': The Cultural Orientation Of Mass Political Opinion, Donald Braman, John Gastil, Dan M. Kahan, Paul Slovic

GW Law Faculty Publications & Other Works

In a provocative 1987 article, Aaron Wildavsky asserted that culture operates as the fundamental orienting force in the generation of mass public opinion. The meanings and interpersonal associations that inhere in discrete ways of life, he argued, shape the heuristic processes by which politically unsophisticated individuals, in particular, choose what policies and candidates to support. We systematize Wildavsky's theory and integrate it with existing accounts of mass opinion formation. We also present the results of an original national survey (N = 1843), which found that the cultural orientations featured in Wildavsky's writings accounted for policy-related attitudes on gun control, environment, …

Go to article

Gender, Race, And Risk Perception: The Influence Of Cultural Status Anxiety, Donald Braman, Dan M. Kahan, John Gastil, Paul Stovic, C.K. Mertz Jan 2005

Gender, Race, And Risk Perception: The Influence Of Cultural Status Anxiety, Donald Braman, Dan M. Kahan, John Gastil, Paul Stovic, C.K. Mertz

GW Law Faculty Publications & Other Works

Why do white men fear various risks less than women and minorities? Known as the white male effect, this pattern is well documented but poorly understood. This paper proposes a new explanation: cultural status anxiety. The cultural theory of risk posits that individuals selectively credit and dismiss asserted dangers in a manner supportive of their preferred form of social organization. This dynamic, it is hypothesized, drives the white male effect, which reflects the risk skepticism that hierarchical and individualistic white males display when activities integral to their status are challenged as harmful. The paper presents the results of an 1800-person …

Go to article

Civil Society And International Organizations: A Liberal Framework For Global Governance, Francesca Bignami Jan 2005

Civil Society And International Organizations: A Liberal Framework For Global Governance, Francesca Bignami

GW Law Faculty Publications & Other Works

Over the past decade, international economic organizations have come under attack as illegitimate and oppressive. The remedy, according to the critics, is civil society: non-state associations should have a right to participate in the policymaking activities of international organizations. But the moral grounds for giving civil society such a central role in global governance, together with the ramifications of those moral grounds for organizational reform in the international arena, have not yet been systematically analyzed. Why are associations outside the state better placed than trained, career civil servants and elected politicians to decide on international aid, the regulatory pre-requisites for …

Go to article

Remedies In International Human Rights Law (Chapter One), Dinah L. Shelton Jan 2005

Remedies In International Human Rights Law (Chapter One), Dinah L. Shelton

GW Law Faculty Publications & Other Works

This book discusses the various approaches to and types of remedies available for violations of international human rights law. The first point is that remedies have both a procedural and substantive component. Procedural remedies means that there is an opportunity to be heard, while the substantive facet refers to the “relief afforded the successful claimant.” The first chapter of the book notes that preliminary requirements are availability of the justice system and discusses the purposes of remedies, including compensating the victim, deterring future crimes, condemnation, retribution, and restorative justice (which aims to find options other than punishment and focusing more …

Go to article

First Prev Next Last