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2006

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Articles 1 - 30 of 10579

Full-Text Articles in Law

The Next Los Angeles: The Struggle For A Livable City, Regina Freer, Robert Gottlieb, Mark Vallianatos, Peter Dreier Dec 2015

The Next Los Angeles: The Struggle For A Livable City, Regina Freer, Robert Gottlieb, Mark Vallianatos, Peter Dreier

Mark Vallianatos

While most historians, journalists, and filmmakers have focused on Los Angeles as a bastion of corporate greed, business boosterism, political corruption, cheap labor, exploited immigrants, and unregulated sprawl, The Next Los Angeles tells a different story: that of the reformers and radicals who have struggled for alternative visions of social and economic justice. In a new preface, the authors reflect on the gathering momentum of L.A.'s progressive movement, including the 2005 landslide victory of Antonio Villaraigosa as mayor.


Voting Rights Act Reauthorization: Research-Based Recommendations To Improve Voting Access, Christopher Edley, Ana Henderson Dec 2015

Voting Rights Act Reauthorization: Research-Based Recommendations To Improve Voting Access, Christopher Edley, Ana Henderson

Ana Henderson

No abstract provided.


A Comparative Study Of Laws Of Assembly In China: Historical Continuity Or Political Departure?, Kam Wong Sep 2015

A Comparative Study Of Laws Of Assembly In China: Historical Continuity Or Political Departure?, Kam Wong

Kam C. Wong

This paper is a comparative study of the law of assembly between the People’s Republic of China (PRC) versus the Republic of China (Taiwan or ROC).

The comparison is achieved by looking at how these two Chinese societies controlled the exercise of police powers during assembly, procession, and demonstration (collectively, “public assembly”). Particularly, this paper looks at the constitutional mandate and institutional limitations on the exercise of police powers in the management of public gatherings, e.g. what are the roles and functions, and powers and limitations of the police in dealing with public assembly application and conduct.


Retribution And Corporate Crime, Kam Wong Sep 2015

Retribution And Corporate Crime, Kam Wong

Kam C. Wong

This paper explores the issue of whether the retribution theory can be applied as a justification for or as an assessment of corporate criminal punishment.

The fact that the white-collar criminals are being treated more leniently is no longer in doubt. The only question is whether the disparity in treatment is justified or more to the point whether it is fair? Issues of fairness in punishment are properly the concerns of retributionists. Ultimately, the question that needs to be answer is: on account of our understanding of the retribution theory what punishment properly fits corporate crimes and criminals? More generally ...


Legalism And Constitutionalism In The People’S Republic Of, Kam Wong Sep 2015

Legalism And Constitutionalism In The People’S Republic Of, Kam Wong

Kam C. Wong

There are repeated claims that the police in the People’s Republic of China (PRC), i.e. Gongan (police) or Jincha (public security) abuse their legal powers. This has been attributed to a lack of institutional supervision and a failure of legal control over the proper exercise of police power. Most tellingly, a great number of people in the PRC criminal justice system consider the current legal procedures regulating police powers as a burden and waste of time and money. Particularly, the police think that it is more important to get correct results than to abide by procedure rules, i ...


Whose Life Is It Anyway?, Kam Wong Sep 2015

Whose Life Is It Anyway?, Kam Wong

Kam C. Wong

Abstract: Ever since biblical time, voluntary euthanasia debate has raged unabated. There is no realistic prospect that the debate is going away in the near future. This article represents a continuation and extension of the physician assisted suicide (PAS) and euthanasia debate. The article reports upon a constructed dialogue between a terminally sick cancer patient laboring under great pain and suffering who wanted to die a peaceful and dignified death and a humanistic doctor committed to saving life personally and professionally who refused to engage in PAS. It is not the purpose of this article to break new grounds in ...


Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven Jul 2015

Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven

Thomas Kleven

After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment ...


Demystifying Clickstream Data: A European And Us Perspective, Rebecca Wong, Daniel Garrie Jul 2015

Demystifying Clickstream Data: A European And Us Perspective, Rebecca Wong, Daniel Garrie

Daniel Garrie

Clickstream data is an issue that cannot be ignored by non-EEA data controllers, data protection authorities, legislators and the judiciary. In this paper, the notion of clickstream data is discussed in the context of the European data protection framework and the US legal framework. This article considers the extent to which clickstream data is protected as “personal data” under the European Data Protection Directive 95/46/EC. The article discusses the impact of the Wiretap Act 18 U.S.C. § 2701 (2004) and related statutes. The paper calls for more discussion and guidelines by data protection authorities into the notion ...


The Costs Of Wrongful-Discharge Laws, John Donohue, David Autor, Stewart Schwab Feb 2015

The Costs Of Wrongful-Discharge Laws, John Donohue, David Autor, Stewart Schwab

Stewart J Schwab

Full data and programs behind the published paper are available from: http://econ-www.mit.edu/faculty/dautor/data/autdonschw06


Let The Games Begin: Incentives To Innovation In The New Economy Of Intellectual Property Law, Amy Landers Aug 2014

Let The Games Begin: Incentives To Innovation In The New Economy Of Intellectual Property Law, Amy Landers

Amy L. Landers

Patent litigation is developing a troubling resemblance to a Las Vegas casino. Juries have awarded patentees damage amounts that far exceed the value of a patented invention. At the same time, courts have failed to define standards to align damages with the patentee’s harm. As a result, the damages awarded for patent infringement far exceed the amount that the patent is worth. These circumstances create incentives for patentees to “game” the patent system by seeking large damages and settlement jackpots from those accused of infringement. Increasingly, so-called “patent trolls” assert patent infringement allegations, seeking to turn ideas into cold ...


Raising Revenues For Charity: Auctions Versus Lotteries, Bart Wilson, Douglas Davis, L. Razzolini, R. Reily Aug 2014

Raising Revenues For Charity: Auctions Versus Lotteries, Bart Wilson, Douglas Davis, L. Razzolini, R. Reily

Bart J Wilson

No abstract provided.


Building A Market: From Personal To Impersonal Exchange, Vernon Smith, Erik Kimbrough, Bart Wilson Aug 2014

Building A Market: From Personal To Impersonal Exchange, Vernon Smith, Erik Kimbrough, Bart Wilson

Bart J Wilson

Adam Smith identified two key components in the wealth creation process of human societies: exchange and specialization. More than two centuries later relatively little is understood about the underlying process by which people build exchange systems and discover comparative advantage. In this chapter we report on a pilot experiment that explores the social mainsprings that give rise to the market. Specifically, using cash-motivated participants we compare and contrast the personal, social interactions within a village with those of the participants engaged in long-distance trade among a system of interconnected virtual villages.


Equilibrium Price Dispersion, Mergers And Synergies: An Experimental Investigation Of Differentiated Product Competition, Bart Wilson, Douglas Davis Aug 2014

Equilibrium Price Dispersion, Mergers And Synergies: An Experimental Investigation Of Differentiated Product Competition, Bart Wilson, Douglas Davis

Bart J Wilson

No abstract provided.


Tracking Customer Search To Price Discriminate, Bart Wilson, Carey Deck Aug 2014

Tracking Customer Search To Price Discriminate, Bart Wilson, Carey Deck

Bart J Wilson

The electronic technologies of the Internet make it possible for sellers to track potential customers and discriminate between the informed and uninformed. In this article, we report an experiment that investigates the market impact of firms tracking customers and offering discriminatory prices based on search history. We find that consumers, on average, face the same prices when sellers have the ability to track customers and price discriminate as when sellers post a single price for all buyers. However, informed buyers receive lower prices when sellers can detect buyer search, whereas uninformed buyers receive lower prices when firms cannot track customers.


Experimental Gasoline Markets, Bart Wilson, Cary Deck Aug 2014

Experimental Gasoline Markets, Bart Wilson, Cary Deck

Bart J Wilson

Zone pricing in wholesale gasoline markets is a contentious topic in the public policy debate. Refiners contend that they use zone pricing to be competitive with local rivals. Critics claim that zone pricing benefits the oil industry and harms consumers. With a controlled experiment, we investigate the competitive effects of zone pricing on consumers, retail stations, and refiners vis-a-vis the proposed policy prescription of uniform wholesale pricing to retailers. We also examine the issue of divorcement and the rockets and feathers phenomenon. The former is the legal restriction that refiners and retailers cannot be vertically integrated, and the latter is ...


Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom Oct 2013

Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom

Robert Bloom

No abstract provided.


Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom Oct 2013

Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom

Robert Bloom

Coach of the National Criminal Procedure Moot Court Team, which won two national championships in 2006 and 2007, at Seton Hall Law School in Newark, New Jersey.


Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin Oct 2013

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.


Not Dea'd Yet: Gonzalez V. Oregon, Charles Baron Aug 2013

Not Dea'd Yet: Gonzalez V. Oregon, Charles Baron

Charles H. Baron

On January 17, the Oregon Death with Dignity Act beat back yet another attempt on its life. In Gonzales v. Oregon, the U.S. Supreme Court (by a six-to-three vote) affirmed decisions of two lower federal courts and made permanent a 2001 injunction against federal prosecution of physicians who prescribe narcotics under the terms of the act. Media coverage of the decision both exaggerated and underplayed the decision’s significance.


La Théorie De L’Intention Originelle, La Sincérité Dans La Rédaction Des Opinions Des Juges Et Les Références À Des Sources Juridiques Étrangères Dans Le Processus D’Interprétation De La Constitution Aux États-Unis, Charles Baron Aug 2013

La Théorie De L’Intention Originelle, La Sincérité Dans La Rédaction Des Opinions Des Juges Et Les Références À Des Sources Juridiques Étrangères Dans Le Processus D’Interprétation De La Constitution Aux États-Unis, Charles Baron

Charles H. Baron

No abstract provided.


Terrorisme Et Function De Juger, Charles Baron Aug 2013

Terrorisme Et Function De Juger, Charles Baron

Charles H. Baron

No abstract provided.


Una Aproximación Teórica Y Empírica A La Litigación Civil En Chile, Rafael Mery Nieto Jul 2012

Una Aproximación Teórica Y Empírica A La Litigación Civil En Chile, Rafael Mery Nieto

Rafael Mery Nieto

En el presente trabajo se realiza un estudio de la justicia desde una perspectiva económica, afirmando que las relaciones sociales comprendidas en el sistema judicial pueden ser consideradas como relaciones de intercambio entre oferentes y demandantes del servicio judicial de los derechos. A partir de este análisis, y luego de revisar algunas ideas generales de la teoría de la litigación, entramos a estudiar el fenómeno de la demanda por justicia en Chile. Con base en fuentes primarias, se presenta una evolución y caracterización de la demanda por justicia civil en Chile, destacando su aumento en los últimos años. Caracterizada la ...


Justicia Gratuita: Un Mito Que Debemos Comenzar A Olvidar, Rafael Mery Nieto Jul 2012

Justicia Gratuita: Un Mito Que Debemos Comenzar A Olvidar, Rafael Mery Nieto

Rafael Mery Nieto

No abstract provided.


Enanos Y Gigantes. El Desfile De La Democracia En Chile, Rafael Mery Nieto, Nicolás Espejo Jul 2012

Enanos Y Gigantes. El Desfile De La Democracia En Chile, Rafael Mery Nieto, Nicolás Espejo

Rafael Mery Nieto

No abstract provided.


The Web As A Digital Reflection Of Reality, David Bray, Laku Chidambaram, Michael Epstein, Timothy Hill, Dominic Thomas, Shailaja Venkatsubramanyan, Richard Watson Sep 2011

The Web As A Digital Reflection Of Reality, David Bray, Laku Chidambaram, Michael Epstein, Timothy Hill, Dominic Thomas, Shailaja Venkatsubramanyan, Richard Watson

Dominic Thomas

The web is increasingly relied upon as a reflection of reality, which raises a number of key issues not yet fully recognized or articulated, warranting further study. This new digital reality and the unprecedented capabilities it embodies in terms of searchability, aggregatability, temporal persistence, and so on, give rise to great challenges in the areas of Digital Identity Management, Social Impacts, Currency and Accuracy of Digital Data, Distorting Factors, Legal Issues and Implications, among others, that are only just becoming recognized and articulated. This paper reports on a panel exploring these issues and speculating creatively on how they might be ...


Cessione Del Credito E Factoring (Assignment Of Receivables And Factoring), Marta Infantino, Mauro Bussani Apr 2011

Cessione Del Credito E Factoring (Assignment Of Receivables And Factoring), Marta Infantino, Mauro Bussani

Mauro Bussani

No abstract provided.


Eu Private International Law: An Ec Court Casebook, Michael Bogdan, Ulf Maunsbach Apr 2011

Eu Private International Law: An Ec Court Casebook, Michael Bogdan, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


How Information Systems Research Can Inform Current And Emerging Government Institutions: Two Views, David Bray, Benn Konsynski Nov 2009

How Information Systems Research Can Inform Current And Emerging Government Institutions: Two Views, David Bray, Benn Konsynski

Benn Konsynski

Government occupies a central role in our world of inter-connected human systems of work, transportation, utilities, commerce, healthcare, and public education. Focusing on the U.S. federal government, this essay advances the lens of our government as an information processing system that monitors, regulates, funds, and provides certain services. Government, as an information processing system, organizes and influences other human systems at local, state, and national levels. However, what if one of the subcomponents comprising our system of government fails? How fragile is our system of government? What insights into the organization of information systems can better reform our system ...


Fighting Fear Of A Bioterrorism Event With Information Technology: Real-World Examples And Opportunities, David Bray, Benn Konsynski Nov 2009

Fighting Fear Of A Bioterrorism Event With Information Technology: Real-World Examples And Opportunities, David Bray, Benn Konsynski

Benn Konsynski

The proximate objective behind a bioterrorism event is to cause fear, with morbidity or mortality as secondary effects. Information technology must empower professionals to respond rapidly and effectively. This paper links detection and identification of a bioterrorism event with opportunities for information technology to aid such efforts, drawing specifically from real-world uses of technology with the Bioterrorism Preparedness and Response Program at the U.S. Centers for Disease Control and Prevention (CDC) from 2000 to the present. Information technology challenges and innovations will be highlighted, as well as lessons learned from the program's response to the anthrax attacks in ...


Virtual Worlds, Virtual Economies, Virtual Institutions, David Bray, Benn Konsynski Nov 2009

Virtual Worlds, Virtual Economies, Virtual Institutions, David Bray, Benn Konsynski

Benn Konsynski

Virtual worlds are now a reality. Virtual worlds such as the growing Second Life and Entropia Universe, allow everyone to create a digital character representing themselves and interact with other computer-generated individuals, landscapes, and even virtually-run global businesses in real-time. Fascinatingly, both endogenously produced economies and social orders are emerging in these virtual worlds.