Law Commons^™

Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson

Scott Dodson

In these remarks, I argue that the Federal Marriage Amendment would disrupt constitutional themes to the detriment of constitutional interpretation and social constitutionalism.

Summary Of Education Law, Arthur Lang

Arthur Lang

Summary of education law following chapters and references in Michael Imber & Tyll van Gell, Education Law, Lawrence Erlbaum Associates, Publishers, Mahwah, New Jersey (2004)

Interview With Gregorios Iii, Patriarch Of Antioch And All The East, Of Alexandria And Of Jerusalem, Marcel Stuessi

Marcel Stüssi

This is a previously unpublished Interview with Gregorios III, Patriarch of Antioch and all the East, of Alexandria and of Jerusalem

La Nullità Del Contratto Di Gestione Di Portafogli Di Investimento Per Difetto Di Forma, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

A Vision Of The New Deal Unfulfilled? Soil And Water Conservation Districts And Land Use Regulation, Jess R. Phelps

Jess R Phelps

This Note evaluates the role of soil and water conservation districts as a part of the environmental component of New Deal era policymaking. This Note is specifically focused on exploring the nature of the regulatory authority that was granted to the conservation districts at the time most states passed the district enabling legislation and the role this authority play in addressing conservation problems on the local level. States granted districts two types of authority: projects and regulatory. Projects power—or the ability of the districts to promote conservation through demonstration stations, and educational efforts has been the dominant activity of the …

Is Conscience King?, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.

Ilo Labour Standards And “Irregular” Migration: Relevance And Gaps,, Piyasiri Wickramasekara

PIYASIRI WICKRAMASEKARA

No abstract provided.

El Registro De Nuevos Productos Químicos Conlleva Problemas De Protección De Información, Jose R. Trigueros

Jose R. Trigueros

No abstract provided.

The Relative Value Of American Law Reviews: A Critical Appraisal Of Ranking Methods, Ronen Perry

Ronen Perry

Ranking law reviews is not a novel initiative. Data regarding the relative value of legal periodicals was first published in 1930, in an article primarily concerned with the overall contribution of legal periodicals to the development of positive law. Since then many attempts have been made to rank American law reviews by various criteria. This Article, however, focuses not on actual rankings but on ranking theory and methodology. It offers an introductory discussion of the goals of law review rating, and the essential attributes of reliable and beneficial ranking methods, followed by a systematic and comprehensive analysis of the advantages …

Harry Potter, Ruby Slippers And Merlin: Telling The Client's Story Using The Characters And Paradigm Of The Archetypal Hero's Journey, Ruth Anne Robbins

Ruth Anne Robbins

This article hypothesizes that lawyers should consider heroic archetype when strategizing the client's story. The article speaks more to storytelling for a judge as factfinder rather than a jury.

"Zoning Bias Ii: A Study Of Oregon's Zoning Commission Composition Restrictions", Jerry L. Anderson

Jerry L. Anderson

This article summarizes an empirical survey of Oregon planning commissions, to determine whether Oregon's occupational restrictions on commission appointments are working. An earlier survey found that zoning boards in Iowa were heavily populated with white-collar occupations, with many having a direct or indirect connection to land development work. Oregon's occupational restrictions appear to have reduced the number of appointees who are tied to development, but the commissions are still skewed toward white-collar representation. The article concludes that legal restrictions should be tightened to achieve the goal of broader occupational distribution.

China's Cities, Globalization, And Sustainable Development: Comparative Thoughts On Urban Planning, Energy, And Environmental Policy, Edward H. Ziegler

Edward H Ziegler

This article discusses the development of China’s modern cities and China’s emerging urban planning and growth management programs related to implementing its newly established sustainable development policies. Global sustainable development issues are discussed in the comparative context of future growth and urban development in the United States and China. Issues such as urban sprawl, density of the built environment, energy policy, automobile use, and transportation planning are examined in relation to future urban development and to their potential impact on future resource and energy consumption, and the critical issues of peak oil, global warming, and climate change.

The article notes …

Can't Touch This! Private Property, Takings, And The Merit Goods Argument, Goutam U. Jois

Goutam U Jois

Over the past several decades, economic theory has gained increasing influence in legal thinking, political theory, and public policy. This article argues that the popular characterization of economics as “value-neutral” obscures the fact that there are fundamental value judgments in any framework influenced by economics. Acknowledging this fact will shift the terms of the debate: instead of a “neutral” policy and one that “imposes values,” we see that both policies in fact entail value imposition to some extent. The public discourse is thus rendered more intellectually honest. The article progresses in three parts. First, I describe the concept of “merit …

Soldiers And Wayward Women: Gendered Citizenship, And Migration Policy In Argentina, Italy, And Spain Since 1850, David Cook-Martín

David Cook-Martín

Policies that regulate peoples international movement and their state membership have historically made distinctions based on perceived sexual differences, but little is known about the process by which this has happened. This paper explores how and with what consequences migration and nationality policies have been gendered in two quintessential countries of emigration (Italy and Spain), and in a country of immigrants (Argentina) over a 150-year period. I argue that these migration and nationality policies have reflected the dynamics of the political fields in which they have been crafted. Especially before the Great War, laws and official practices that showed a …

Judicial Selection, Appointments Gridlock, And The Nuclear Option, David S. Law, Lawrence B. Solum

David S. Law

In this paper, we employ simple formal models drawn from political science to explain the occurrence of gridlock in the federal judicial selection process, and to explore the implications of the nuclear option, by which a bare majority of senators employs parliamentary tactics to abolish the filibuster with respect to judicial nominations. Our application of a pivotal politics model leads us to reject the notion that appointments gridlock is a straightforward consequence of divided government. Instead, meaningful changes to the ideological balance of the federal bench require a more demanding ideological alignment of multiple veto players relative to the status …

Better That Ten Guilty Men..., Alexander Volokh

Alexander Volokh

Abridgment of the law review article "n guilty men," 146 U. Pa. L. Rev. 173 (1997).

Protecting Consumers: Attorney Ethics And The Law Governing Lawyers, Christopher M. Fairman

Christopher M Fairman

No abstract provided.

The Research Exemption To Patent Infringement: The Delicate Balance Between Current And Future Technical Progress, Katherine J. Strandburg

Katherine J. Strandburg

No abstract provided.

Technology Transfer And An Information View Of Universities: A Conceptual Framework For Academic Freedom, Intellectual Property, Technology Transfer And The University Mission, Patrick L. Jones, Katherine J. Strandburg

Katherine J. Strandburg

In this Article, we provide a conceptual framework for technology transfer grounded in the fundamental purposes of a university -- the creation and dissemination of knowledge in the form of information. We describe how technology transfer activities shift the target audience for knowledge dissemination from traditional university target audiences to organizations with a predominantly economic purpose and different social norms. These shifts trigger a need to bridge differing behavioral expectations. Legal contracts and intellectual property rights can play a significant role in structuring relationships in such a non-traditional knowledge dissemination context. We analyze the role of formal technology transfer involving …

The How And Why Of The New Public Corporation Tax Shelter Compliance Norm, Susan Cleary Morse

Susan Cleary Morse

This paper examines the recent shift toward an anti-tax shelter federal income tax compliance norm at public corporations, as evidenced by practitioner and government comments and survey results. The paper focuses on the organizational behavior of tax decisionmakers within public corporations as they respond to Sarbanes-Oxley, enforcement and publicity initiatives, and tax shelter regulation.

The paper identifies three elements that have contributed to the development of a stronger tax compliance norm. First, Sarbanes-Oxley has resulted in the expansion and increased transparency of public corporation tax decisionmaking groups. Organizational behavior insights suggest that this may produce more considered decisions. Second, civil …

Inadeguatezza Della Operazione Finanziaria, Risoluzione Del Contratto Per Inadempimento E Risarcimento Del Danno, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Circolazione Dei Prodotti Finanziari E Responsabilità Degli Investitori Professionali: Il Nuovo Art. 100 Bis Tuf, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García

Bruno L. Costantini García

Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.

Interview With Mahmoud Akkam, Syria, Marcel Stuessi

Marcel Stüssi

This is a previously unpublished interview with Mahmoud Akkam, Mufti of Aleppo, Syria

Single Subject Rules And The Legislative Process, Michael D. Gilbert

Michael D. Gilbert

Despite generating thousands of cases on important public issues, the single subject rule remains a source of uncertainty and inconsistency. The root of the problem lies in the inability to define the term "subject" using legal doctrine. This paper reexamines the single subject rule through the lens of public choice theory and finds that its purposes are wrongheaded. Logrolling is not necessarily harmful, and improving political transparency requires legislative compromises to be packaged together rather than spread across multiple acts. Riding is not a form of logrolling but an analytically distinct and more threatening practice. This analysis yields a precise, …

O Mercado De Capitais E O Desenvolvimento Econômico E Social, Luiz Rafael De Vargas Maluf

Luiz Rafael de Vargas Maluf

Este trabalho tem por objetivo apresentar ao leitor a importância dada ao mercado de capitais para o desenvolvimento econômico, assim como o bem estar social da nação que pode ser conseguido através de investimentos nesta área. Ao longo das próximas páginas será demonstrado brevemente a repercussão histórica do mercado de capitais para a economia brasileira nas últimas décadas, sendo posteriormente vista a sua importante relação para o desenvolvimento econômico-social do país. Por último serão trazidos alguns questionamentos e sugestões de possíveis iniciativas a serem adotadas para o seu crescimento em geral, desmistificando muitos conceitos criados ao longo dos últimos anos, …

Marine Insurance Law: Six Recent Books And Some Questions About Reform, Graydon S. Staring

Graydon S. Staring

This essay and book review starts with brief history of the remakably prolific publication of books on marine insurance law. It continues with reviews of five such books, and one on perceptions of insurance more generally, published 2004-2006, and closes with a further essay on the controversial proposals for reform discussed in the books.

Digital Media & Intellectual Property: Management Of Rights And Consumer Protection In A Comparative Analysis, Nicola Lucchi

Nicola Lucchi

Digital Media & Intellectual Property is a comparative research that analyzes the legal and tecnological emerging issues in the Intellectual Property Rights arena. The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media. It describes the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular, the author analyzes the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe, and …

The Death Penalty: America's "Relentless Judicial Machine", Andrew A. Hammel

Andrew A Hammel

This is a review of Professor David Dow's 2005 book Executed on a Technicality

The Waiter At The Party: A Parable Of Ecosystem Management In The Everglades, Alfred R. Light

Alfred Light

No abstract provided.