Law Commons^™

Howe V. Mgh And Hudson V. Texas Children's Hospital: Two Approaches To Resolving Family-Physician Disputes In End-Of-Life Care, Michael Moreland

Michael P. Moreland

No abstract provided.

Transforming Into An International Lawyer, Susan Franck

Susan D. Franck

No abstract provided.

Redistribution In The Canadian Federation: The Impact Of The Cities Agenda And The New Canada, Sujit Choudhry

Sujit Choudhry

No abstract provided.

The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert D. Cooter

Robert Cooter

Economic theory distinguishes sharply between what a person wants and what he can have. “Preferences” describe what a person wants, and “constraints” describe the limits of what he can have. The collision of preferences and constraints yields the choices that economists study. The meaning of both terms is broad and flexible. Preferences and constraints help to distinguish between the internal and external viewpoints that H. L. A. Hart made famous. The internal viewpoint concerns preferences to perform legal obligations. A person who prefers to obey a law is willing to give up something to perform his legal obligation. The preference …

Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

Aspectos Econômicos E Jurídicos Sobre Cartéis Na Revenda De Combustíveis: Uma Agenda Para Investigações, Carlos Emmanuel Joppert Ragazzo, Rutelly Marques Da Silva

carlos ragazzo

No abstract provided.

Sharing And Anti-Sharing In Teams, Robert D. Cooter, Roland Kirstein

Robert Cooter

Compared to budget-balanced Sharing contracts, Anti-Sharing may improve the efficiency of teams. The Anti-Sharer collects a fixed payment from all team members; he receives the actual output and pays out its value to them. If a team members becomes Anti-Sharer, he will be unproductive in equilibrium. Hence, internal Anti-Sharing fails to yield the first-best outcome. Anti-Sharing is more likely to yield a higher team profit than Sharing, the larger the team, the curvature of the production function, or the marginal effort cost. Sharing is more likely to be better, the greater the marginal product, the cross-partials of the production function, …

Anti-Sharing As A Theory Of Partnerships And Firms, Robert D. Cooter, Roland Kirstein

Robert Cooter

Anti-Sharing may improve the efficiency of teams. The Anti-Sharer collects a fixed payment from all team members; he receives the actual output and pays out its value to them. However, if a team members assumes the role of an "internal" Anti-Sharer, he will be unproductive in equilibrium. Hence, internal Anti-Sharing fails to yield the first-best outcome. External Anti-Sharing may induce the team members to choose efficient effort. The paper presents possible applications of Anti-Sharing: while internal Anti-Sharing may provide an explanation for the existence of senior (or managing) partners, external Anti-Sharing leads to a new theory of the incorporated firm.

Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, John C. Yoo, Julian Ku

John C Yoo

The Supreme Court's decision in Hamdan v. Rumsfeld represents a radical new judicial approach to the interpretation of laws relating to foreign affairs. Not only did the Hamdan Court fail to defer to the executive's reasonable interpretations of the relevant statutes, treaties, and customary international law of war relating to military commissions, but it did not even justify its failure to depart from longstanding formal doctrines requiring such deference. In this Essay, we offer a functional defense of the doctrines requiring judicial deference to executive interpretations of laws affecting foreign affairs in wartime; doctrines that the Hamdan Court largely ignored. …

Civic Responsibility And Patterns Of Voluntary Participation Around The World, Mary Alice Haddad

Mary Alice Haddad

This article seeks to explain why different types of volunteer organizations are prevalent in different countries. It hypothesizes that patterns of volunteer participation are a function of citizen attitudes toward governmental and individual responsibility for caring for society. Those countries (e.g., Japan)—where citizens think that governments should be responsible for dealing with social problems—will tend to have higher participation in embedded volunteer organizations, such as parent-teacher associations. Those countries (e.g., the United States)—where citizens think that individuals should take responsibility for dealing with social problems—will tend to have more participation in nonembedded, organizations, such as Greenpeace. These hypotheses are tested …

Public Interest Litigation And Role Of The Supreme Court In Ensuring Social Justice In Bangladesh, K. T. Alam, Abu Noman Mohammad Atahar Ali

Abu Noman Mohammad Atahar Ali

No abstract provided.

Don’T Forget The Lawyers: Legal Human Capital And The Role Of Lawyers In Supporting The Rule Of Law, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.

Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não admira que haja atritos, incompreensões, entre as religiões e os poderes. Porque, antes de mais, foi preciso a uns e a outros comprimirem-se para darem lugar (espaço, mesmo) ao outro tipo de normatividade e de poder. Em muitos casos históricos se terá começado com um poder de índole teocrática. E só com o tempo e o progresso social e político se passaria a admitir a cisão do mando, num ramo secular e num ramo sacral. O grande problema do tratamento da questão religiosa do ponto de vista dos Direitos Humanos, é que se trata, no limite, de pôr uma …

New Urbanist Zoning For Dummies, Michael E Lewyn

Michael E Lewyn

This article compares the SmartCode (a model New Urbanist zoning code) to conventional pro-sprawl zoning codes, and concludes that in some respects, the SmartCode is actually more respectful of property rights than is conventional zoning.

Creative Commons As Conversational Copyright, Michael W. Carroll

Michael W. Carroll

Copyright law's default settings inhibit sharing and adaptation of creative works even though new digital technologies greatly enhance individuals' capacity to engage in creative conversation. Creative Commons licenses enable a form of conversational copyright through which creators share their works, primarily over the Internet, while asserting some limitation on user's right with respect to works in the licensed commons. More specifically, this chapter explains the problems in copyright law to which Creative Commons licenses respond, the methods chosen, and why the machine-readable and public aspects of the licenses are specific examples of a more general phenomenon in digital copyright law …

El Código De Derecho Canónico: Sus Siete Libros., Rafael Angel Gomez Betancur

Rafael Angel Gómez Betancur

The Alchemy Of Junk: Patent Law And Non-Coding Dna, Matthew Rimmer

Matthew Rimmer

No Time Like The Present: The Eighteenth Century Judicial Power Meets The Twenty-First Century Problem In Massachusetts V. Epa, Jamison E. Colburn

Jamison E. Colburn

In this short commentary, I consider the nature of our judicial power and the Court's standing doctrine in light of the oral argument in Massachusetts et al. v. EPA. My critique is that the Court has invented any number of ways to find that the rule of law can play no role in our climate change debates.

Is Consumer Court Really Preferred To Banking Ombudsman? An Analytical Study, Aparna Meduri

ExpressO

The Banking Ombudsman under the Banking Ombudsman Scheme and the Consumer Redressal Authorities under the Consumer Protection Act both redresses the cases on deficiency of banking service. However, there exists a difference both in terms of redressal machinery and the procedure for redressal. This article brings out an analytical study, makes an attempt to give out the reasons why most of the aggrieved bank customers prefer to take shelter under the Consumer Protection Act instead of under their Banking Ombudsmen Scheme, and finally the proposed remedy for it.

Personal Health Records: The People's Choice?, Lisa Sprague

National Health Policy Forum

Information technology (IT), especially in the form of an electronic health record (EHR), is touted by many as a key component of meaningful improvement in health care delivery and outcomes. A personal health record (PHR) may be an element of an EHR or a stand-alone record. Proponents of PHRs see them as tools that will improve consumers’ ability to manage their care and will also enlist consumers as advocates for widespread health IT adoption. This issue brief explores what a PHR is, the extent of demand for it, issues that need to be resolved before such records can be expected …

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)

Torture As A Problem In Ordinary Legal Interpretation, Alan Hyde

Cornell Law Faculty Publications

American legal discourse on torture takes for granted some, usually all, of the following propositions, that make discussion of torture more difficult than it should be. Torture is assumed to present unusually difficult problems of definition, full of vague concepts, fine lines, gray areas, murky moral dilemmas, "dirty hands." This vagueness is thought to be even more of a problem for the attendant concept of "cruel, inhuman, and degrading treatment." The legal sources of either prohibition are assumed to be dubious under American law. Prohibiting torture is, perhaps for these reasons, thought to require moral justification not necessarily required of …

Summary Of Estes V. State, 122 Nev. Adv. Op. No. 96, Michael Hammer

Nevada Supreme Court Summaries

Appeal from a conviction, by jury, of two counts of preventing or dissuading a person from testifying or producing evidence, one count of first-degree kidnapping, two counts of battery with intent to commit a crime, six counts of sexual assault of a minor under 14, two counts of coercion, and two counts of lewdness with a child under 14. The primary issue on appeal was the admissibility of evidence gathered while the Appellant was committed to a mental institution for the purpose of evaluating competency to stand trial.

Summary Of Marquis & Aurbach V. Dist. Ct., 122 Nev. Adv. Op. No. 97, Krystallin Hernandez

Nevada Supreme Court Summaries

Parties petition for writs of mandamus challenging district court orders confirming an arbitration award of contingency fees for the original dispute, and denying attorney fees for a subsequent action attempting to enforce the agreement, but awarding costs.

The Development, Interpretation And Scope Of The Word "Sex" Within Title Vii: With Particular Reference To "Sexual Orientation.", Abbas Kazerounian

ExpressO

This is a paper demonstrating the shortcomings of the current jurisprudence in the U.S. with regards to the readings of Title VII's construction of the word "sex." Currently sexual minorities are not considered within Title VII and therefore sexual minorities are not offered the same protections under this Congressional Act. This paper shows how this is a misreading of the statute and how it should include protection for sexual minorities.

Does Law School Curriculum Affect Bar Examination Passage? An Empirical Analysis Of The Factors Which Were Related To Bar Examination Passage Between 2001 And 2006 At A Midwestern Law School, Douglas Rush, Hisako Matsuo

ExpressO

Does Law School Curriculum Affect Bar Examination Passage? Abstract A quantitative, empirical study was undertaken to determine whether there was a relationship between the number of bar examination subject matter courses taken in law school and bar examination passage. Previous studies reported relationships between LSAT scores, undergraduate grade point averages (UGPA), law school class rank and bar examination passage. Many law schools are advocating or mandating that students with low class rank take upper division, bar examination subject matter courses in an effort to improve the bar examination passage rate for those students. This study examined all 2001-2005 graduates of …

Vol. Ix, Tab 41 - Ex. J - Hagan Deposition From Cng (Google Managing Counsel - Trademarks), Rose Hagan

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Value-Based Coverage Policy In The United States And The United Kingdom: Different Paths To A Common Goal, Wilhelmine Miller

National Health Policy Forum

This background paper traces the development within American health care of two interrelated trends and activities: an evidence-based approach to medical practice and the critical evaluation of new technologies with respect to their costs and effectiveness. Over the past 35 years each of these developments has increasingly shaped the coverage decisions of public and private health insurers, and their importance for coverage policy is certain to grow. The paper also contrasts the different approaches to such “evidence-” or “value-based” coverage policy in the mixed public and private U.S. health care enterprise with the approach taken in Great Britain’s single-payer National …

Comentarios Al Proyecto De Extensión Del Plazo De Protección Del Derecho De Autor Desde El Aed, Maximiliano Marzetti

Maximiliano Marzetti

No abstract provided.

Critical Race Realism: Towards An Integrative Model Of Critical Race Theory, Empirical Social Science, And Public Policy, Gregory S. Parks

ExpressO

Critical Race Theory was founded as “a race-based, systematic critique of legal reasoning and legal institutions….” Critics argue that it struggles to define its substantive mission, methodological commitments, and connection to the world outside of academia. This article attempts to provide a specific methodology—empirical social science—that is consistent with Critical Race Theory’s overarching mission and that has both applied and academic components. This methodology should ultimately 1) expose racism where it may be found, 2) identify its effects on individuals and institutions, and 3) put forth a concerted attack against it, in part, via public policy arguments. This concept, Critical …