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

Law Commons

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

2010

External Link

Discipline
Keyword
Publication

Articles 1 - 30 of 249

Full-Text Articles in Law

The Ecological And Civil Mainsprings Of Property: An Experimental Economic History Of Whalers’ Rules Of Capture, Bart Wilson, Taylor Jaworski, Karl Schurter, Andrew Smyth Aug 2014

The Ecological And Civil Mainsprings Of Property: An Experimental Economic History Of Whalers’ Rules Of Capture, Bart Wilson, Taylor Jaworski, Karl Schurter, Andrew Smyth

Bart J Wilson

This paper uses a laboratory experiment to probe the proposition that property emerges anarchically out of social custom. We test the hypothesis that whalers in the 18th and 19th century developed rules of conduct that minimized the sum of the transaction and production costs of capturing their prey, the primary implication being that different ecological conditions lead to different rules of capture. Holding everything else constant, we find that simply imposing two different types of prey is insufficient to observe two different rules of capture. Another factor is essential, namely that the members of the community are civil-minded.


The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom Oct 2013

The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom

Robert Bloom

United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity


Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow Oct 2011

Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow

Judith A. McMorrow

The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about ...


Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman Feb 2011

Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman

Robert L. Hayman

This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.


Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman Feb 2011

Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman

Erin Daly

This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.


Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman Dec 2010

Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman Dec 2010

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


An Analytical Framework For International Criminal Law: Realism And Interest Alignment, Daniel Derby Dec 2010

An Analytical Framework For International Criminal Law: Realism And Interest Alignment, Daniel Derby

Daniel H. Derby

No abstract provided.


Choosing The Insidious Path: West Virginia University Hospitals, Inc. V. Casey And The Importance Of Experts In Civil Rights Litigation, Eileen Kaufman Dec 2010

Choosing The Insidious Path: West Virginia University Hospitals, Inc. V. Casey And The Importance Of Experts In Civil Rights Litigation, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Illinois Said Yes!, Ann Lousin Dec 2010

Illinois Said Yes!, Ann Lousin

Ann M. Lousin

Chicago Daily Law Bulletin


Give Up On The Estate Tax, Ray Madoff Dec 2010

Give Up On The Estate Tax, Ray Madoff

Ray D. Madoff

No abstract provided.


Tailor-Made Protection For A Privileged Few, Timothy O'Neill Dec 2010

Tailor-Made Protection For A Privileged Few, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks Dec 2010

Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks

Taunya Lovell Banks

Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge. Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its ...


President's Column, Steve Probst Nov 2010

President's Column, Steve Probst

Steven Probst

No abstract provided.


A Comment On Costs In Constitutional Cases, Iain Field Nov 2010

A Comment On Costs In Constitutional Cases, Iain Field

Iain Field

Professor Patrick Keyzer and Stephen Lloyd SC are both well qualified to speak to the legal principles that govern the determination of costs in constitutional cases, and I am, with respect, happy to accept their combined review of these principles. I do not think that there are any significant disagreements between them in this regard. They have, nevertheless, provided us with two usefully distinct perspectives on the topic, and offered two contrasting views as to the need for special costs rules in constitutional cases. I have only a small number of observations (perhaps it is better to say questions), which ...


Prisoners In 2009, Heather C. West, William J. Sabol, Sarah J. Greenman Nov 2010

Prisoners In 2009, Heather C. West, William J. Sabol, Sarah J. Greenman

Sarah Greenman

No abstract provided.


Efficient, Fair, And Incomprehensible: How The State 'Sells' Its Judiciary, Keith Bybee, Heather Pincock Nov 2010

Efficient, Fair, And Incomprehensible: How The State 'Sells' Its Judiciary, Keith Bybee, Heather Pincock

Keith J. Bybee

Sociolegal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the resources on each side shape the course of conflict. We suggest a different, “supply-side” perspective. Focusing on the state’s efforts to establish centralized courts in place of local justice systems, we consider the strategies that a supplier of dispute resolving services uses to attract disputes for resolution. We argue that state actors often attempt to “sell” centralized courts to potential litigants by insisting that the state’s services are more efficient and fair than local courts operating outside direct state control. Moreover, we argue ...


Managing Radical Disputes: Public Reason, The American Dream, And The Case Of Same-Sex Marriage, Keith Bybee, Cyril Ghosh Nov 2010

Managing Radical Disputes: Public Reason, The American Dream, And The Case Of Same-Sex Marriage, Keith Bybee, Cyril Ghosh

Keith J. Bybee

This paper proposes that ambiguous arguments play a crucial role in the management of radical disputes in democratic deliberation. Lofty though it might be, public reason is an impoverished ideal, and its celebrated role in democratic deliberation is vastly overrated, particularly among liberal theorists. In the courts of law and in the larger world, radical disputes unfold as messy, incomplete, ambiguous arguments are proposed by parties. This does not mean that all communication between parties must break down because parties do not abide by the rules of argumentation and evidentiary reasoning. It only implies that the language of ambiguity offers ...


Legal Realism, Common Courtesy, And Hypocrisy, Keith Bybee Nov 2010

Legal Realism, Common Courtesy, And Hypocrisy, Keith Bybee

Keith J. Bybee

In the United States, courts are publicly defined by their distance from politics. Politics is said to be a matter of interest, competition, and compromise. Law, by contrast, is said to be a matter of principle and impartial reason. This distinction between courts and politics, though common, is also commonly doubted - and this raises difficult questions. How can the courts at once be in politics yet not be of politics? If the judiciary is mired in politics, how can one be sure that all the talk of law is not just mummery designed to disguise the pursuit of partisan interests ...


Digital Discrimination, Danielle Citron Nov 2010

Digital Discrimination, Danielle Citron

Danielle Keats Citron

Social network sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women and minorities. The attacks include rape threats, privacy invasions, defamation, and technological attacks that silence victims. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Although social and legal norms have dampened offline discrimination, the internet’s Wild West culture and architecture invites bigots to move their hatred to cyberspace. The Internet facilitates anonymity, loosening social norms that constrain noxious behavior. It brings people ...


Multicultural Modernity In Montréal, Vincent Rougeau Nov 2010

Multicultural Modernity In Montréal, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.


The Impact The New Term Will Have On Decisions, Timothy O'Neill Nov 2010

The Impact The New Term Will Have On Decisions, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


Warranting Data Security, Juliet Moringiello Oct 2010

Warranting Data Security, Juliet Moringiello

Juliet M Moringiello

Massive data security breaches have grabbed headlines in the past few years. The data thieves responsible for these breaches have stolen the credit and debit card data of customers of retailers such as TJ Maxx, DSW Shoe Warehouse, BJ’s Wholesale Club, and the Hannaford grocery store chain. A thief in control of this payment card data, which can include debit and credit card numbers, expiration dates, security codes and personal identification numbers, has the ability to open new credit accounts and make charges on existing consumer accounts. These data breaches leave individuals fearful that their personal information will be ...


From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni Oct 2010

From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni

Mark Perry

Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.


Democracy Will Live As Long As Citizens Maintain Respect, Randy Lee Oct 2010

Democracy Will Live As Long As Citizens Maintain Respect, Randy Lee

Randy Lee

No abstract provided.


Immortality For Foundations Can Pose Big Challenges In Shifting Times, Ray Madoff Oct 2010

Immortality For Foundations Can Pose Big Challenges In Shifting Times, Ray Madoff

Ray D. Madoff

No abstract provided.


The Recall Amendment, Ann Lousin Oct 2010

The Recall Amendment, Ann Lousin

Ann M. Lousin

Chicago Daily Law Bulletin


The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin Roth, Robert Bennett Oct 2010

The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin Roth, Robert Bennett

Robert B. Bennett

Following a brief discussion of the history of trademark infringement law, the events leading to the FTDA, and an overview of the FTDA, this paper discusses the major causes of the FTDA's ineffectiveness. We will then review the application of the act, discuss its implications on the future of trademark ownership in business, and suggest improvements to the legal application of the act.


Criminal Defense Lawyers Need Broad Knowledge, Timothy O'Neill Oct 2010

Criminal Defense Lawyers Need Broad Knowledge, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek Black Oct 2010

The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek Black

Derek W. Black

This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard ...