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2006

Journal Articles

Articles 31 - 60 of 160

Full-Text Articles in Law

International Rule Of Law And The Market Economy - An Outline, Samuel Bufford Jan 2006

International Rule Of Law And The Market Economy - An Outline, Samuel Bufford

Journal Articles

Law matters in economic development. The Rule of Law is an indispensable foundation for a market economy, which provides an essential environment for the creation and preservation of wealth, economic security, and well-being, and the improvement of the quality of life. The Rule of Law is part of the "software" of governmental regulation that is needed to operate the "hardware" of free markets. Its promotion can make a major contribution to economic growth, and an infrastructure that creates and promites legal rights is an essential platform for economic development. The cumulative costs of doing without the Rule of Law in ...


International Insolvency Case Venue In The European Union: The Parmalat And Daisytek Controversies, Samuel Bufford Jan 2006

International Insolvency Case Venue In The European Union: The Parmalat And Daisytek Controversies, Samuel Bufford

Journal Articles

The European Union Insolvency Regulation (the EU Regulation) is a giant step forward in promoting international cooperation among EU countries for cross-border insolvency proceedings. It adopts a modified universalist solution to cross-border proceedings insofar as they are located within the EU. However, experience has shown that it needs improvement to work effectively. A venue battle now rages between courts of several European countries over which country's courts will administer particular cross-border proceedings and how the center of main interest is to be determined for this purpose.

This Article begins with a detailed examination of the two principal cases where ...


An Other Christian Perspective On Lawrence V. Texas, Victor C. Romero Jan 2006

An Other Christian Perspective On Lawrence V. Texas, Victor C. Romero

Journal Articles

The so-called Religious Right's reaction to Lawrence v. Texas has been both powerful and negative, characterizing the case as an assault on the traditional conception of marriage and family life. This essay is an attempt to present a different Christian view. Modeled on the life and teachings of Jesus, this perspective celebrates the Lawrence case as consistent with God's call to social justice for the oppressed. It also outlines a Christian sexual ethic that lifts up genuine, monogamous, committed love between two individuals, whether of the same or opposite sex.


Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis Jan 2006

Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis

Journal Articles

In 2002, the Eighth Circuit reversed a one million dollar jury award to the plaintiff in a sexual harassment suit against General Motors Corporation. This reversal demonstrates the danger of appellate review of such verdicts, limiting sexual harassment verdicts to the lowest common denominator in that circuit.


The Narrowing Of The National Labor Relations Act: Maintaining Workplace Decorum And Avoiding Liability, William R. Corbett Jan 2006

The Narrowing Of The National Labor Relations Act: Maintaining Workplace Decorum And Avoiding Liability, William R. Corbett

Journal Articles

No abstract provided.


The Administrative Law Of Global Private-Public Regulation: The Case Of Forestry, Errol E. Meidinger Jan 2006

The Administrative Law Of Global Private-Public Regulation: The Case Of Forestry, Errol E. Meidinger

Journal Articles

An important ensemble of transnational, transgovernmental regulatory institutions has emerged in the forestry sector over the past decade. These forest certification programmes set global standards for proper forest management and apply them through institutionalized licensing and inspection programmes. Similar programmes are appearing in other sectors. Developed largely by environmental NGOs and industry associations rather than governments, forest certification programmes are nominally voluntary, but are becoming increasingly mandatory in practice. They are also gradually linking with government regulatory and management programmes in various ways, while remaining in tension both with each other and with government programmes. The overall regulatory system is ...


Gender Equality And Women's Solidarity Across Religious, Ethnic And Class Difference In The Kenyan Constitutional Review Process, Athena D. Mutua Jan 2006

Gender Equality And Women's Solidarity Across Religious, Ethnic And Class Difference In The Kenyan Constitutional Review Process, Athena D. Mutua

Journal Articles

This paper examines Kenyan's women's struggle to gain new legal authority for gender equality and women's empowerment in the Kenya Constitutional Review process. Specifically it examines the efforts of the campaign to "safeguard the gains of women in the Draft Constitution," a campaign launched by a coalition of four civil society organizations in Kenya after the release of a new Draft constitution in 2002. Its focus is the 2002 Draft, the Draft's relationship to the current Kenyan Constitution and to recent constitutional proposals, from a gender perspective.

The constitutional review process is part of a larger ...


Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly Jan 2006

Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly

Journal Articles

No abstract provided.


Politicizing U.S. Refugee Policy Towards North Korea, Nicole Hallett Jan 2006

Politicizing U.S. Refugee Policy Towards North Korea, Nicole Hallett

Journal Articles

No abstract provided.


Redefining Open Access For The Legal Information Market, James G. Milles Jan 2006

Redefining Open Access For The Legal Information Market, James G. Milles

Journal Articles

The open access movement in legal scholarship, inasmuch as it is driven within the law library community over concerns about the rising cost of legal information, fails to address - and in fact diverts resources from - the real problem facing law libraries today: the soaring costs of nonscholarly, commercially published, practitioner-oriented legal publications. The current system of legal scholarly publishing - in student-edited journals and without meaningful peer review - does not face the pressures to increase prices common in the science and health disciplines. One solution to this problem is for law schools to redirect some of their resources - intellectual capital, reputation ...


Lost Without A Lawyer, Nicole Hallett, Maria Beatrice Noguiera, Jessica Bryan, Gemma Bowles Jan 2006

Lost Without A Lawyer, Nicole Hallett, Maria Beatrice Noguiera, Jessica Bryan, Gemma Bowles

Journal Articles

No abstract provided.


The History Of Slave Marriage In The United States, Darlene Goring Jan 2006

The History Of Slave Marriage In The United States, Darlene Goring

Journal Articles

No abstract provided.


Our Ignorance About Intelligence, Richard A. Epstein Jan 2006

Our Ignorance About Intelligence, Richard A. Epstein

Journal Articles

No abstract provided.


Efficient Responses To Catastrophic Risk, Richard A. Posner Jan 2006

Efficient Responses To Catastrophic Risk, Richard A. Posner

Journal Articles

No abstract provided.


Law Reviews, Richard A. Posner Jan 2006

Law Reviews, Richard A. Posner

Journal Articles

No abstract provided.


The Role Of The Judge In The Twenty-First Century, Richard A. Posner Jan 2006

The Role Of The Judge In The Twenty-First Century, Richard A. Posner

Journal Articles

In my youthful, scornful way, I recognized four kinds of judgments; first the cogitative, of and by reflection and logomancy; second, aleatory, of and by the dice; third, intuitive, of and by feeling or "hunching;" and fourth, asinine, of and by an ass; and in that same youthful, scornful way I regarded the last three as only variants of each other, the results of processes all alien to good judges.


Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner Jan 2006

Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner

Journal Articles

No abstract provided.


Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg Jan 2006

Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg

Journal Articles

No abstract provided.


One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk Jan 2006

One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk

Journal Articles

No abstract provided.


International Law: A Welfarist Approach, Eric A. Posner Jan 2006

International Law: A Welfarist Approach, Eric A. Posner

Journal Articles

This Article evaluates international law from a welfarist perspective. Global welfarism requires that international law advance the well-being of everyone in the world, and scholars influenced by global welfarism and similar cosmopolitan principles have advocated radical restructuring of international law. But global welfarism is subject to several constraints; including (1) heterogeneity of preferences of the world population, which produces the state system; (2) agency costs, which produce imperfect governments; and (3) the problem of collective action. These constraints place limits on what policies motivated by global welfarism can achieve and explain some broad features of international law that otherwise remain ...


Chevronizing Foreign Relations Law, Eric A. Posner, Cass R. Sunstein Jan 2006

Chevronizing Foreign Relations Law, Eric A. Posner, Cass R. Sunstein

Journal Articles

A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, courts usually interpret ambiguous statutes to conform to international law and understand them not to apply outside of the nation's territorial boundaries. The international comity doctrines are best understood as a product of a judicial judgment that in particular contexts the costs of deference to foreign interests are lower than the benefits to American interests. Sometimes Congress balances these considerations and incorporates its judgment in a statute, but usually it does not. In such cases, executive ...


There Are No Penalty Default Rules In Contract Law, Eric A. Posner Jan 2006

There Are No Penalty Default Rules In Contract Law, Eric A. Posner

Journal Articles

In an influential article, Ian Ayres and Robert Gertner introduced the concept of the "penalty default rule," a rule that fills a gap in an incomplete contract with a term that would not be chosen by a majority of parties similarly situated to the parties to the contract in question. Ayres and Gertner argued that such a rule might be efficient in a model in which contracting parties have asymmetric information. However, Ayres and Gertner did not provide any persuasive examples of penalty default rules; their best example is the Hadley rule, but this rule is probably not a penalty ...


Mandatory Access Obligations And Standing, Randal C. Picker Jan 2006

Mandatory Access Obligations And Standing, Randal C. Picker

Journal Articles

No abstract provided.


Freedom Of The Press In Time Of War, Geoffrey R. Stone Jan 2006

Freedom Of The Press In Time Of War, Geoffrey R. Stone

Journal Articles

No abstract provided.


A New Progressivism, Cass R. Sunstein Jan 2006

A New Progressivism, Cass R. Sunstein

Journal Articles

There are serious problems with the two twentieth-century approaches to government: the way of markets and the way of planning. The New Progressivism simultaneously offers (1) a distinctive conception of government's appropriate means, an outgrowth of the late-twentieth-century critique of economic planning, and (2) a distinctive understanding of government's appropriate ends, an outgrowth of evident failures with market arrangements and largely a product of the mid-twentieth-century critique of laissez faire. The New Progressivism emphasizes the need to replace bans and commands with appropriate incentives, and to attend to social norms and social meanings in leading human behavior in ...


The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes Jan 2006

The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes

Journal Articles

No abstract provided.


Reconstructing Richard Epstein, Eduardo Peñalver Jan 2006

Reconstructing Richard Epstein, Eduardo Peñalver

Journal Articles

No abstract provided.


Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein Jan 2006

Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein

Journal Articles

No abstract provided.


Intuition, Custom, And Protocol: How To Make Sound Decisions With Limited Knowledge, Richard A. Epstein Jan 2006

Intuition, Custom, And Protocol: How To Make Sound Decisions With Limited Knowledge, Richard A. Epstein

Journal Articles

No abstract provided.


The Prime Directive, Douglas G. Baird, Robert K. Rasmussen Jan 2006

The Prime Directive, Douglas G. Baird, Robert K. Rasmussen

Journal Articles

No abstract provided.