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2011

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Articles 1 - 30 of 17074

Full-Text Articles in Law

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel Dec 2015

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel

David C. Brown

Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about ...


Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears Dec 2015

Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears

David C. Brown

The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition ...


A Comparative Approach To Coordination: How Apes, Monkeys And Humans Respond To An Assurance Game With Equivalent Procedures, Bart Wilson, Sarah Brosnan Aug 2014

A Comparative Approach To Coordination: How Apes, Monkeys And Humans Respond To An Assurance Game With Equivalent Procedures, Bart Wilson, Sarah Brosnan

Bart J Wilson

Our research directly compares coordinated decision making across the entire primate lineage, including a new-world monkey, an old-world monkey, an ape, and humans, to help understand how decision making is different between these species. We find that the ability to coordinate on a mutually beneficial decision does vary across species, that there is variability within each taxonomic group, and that this variation overlaps between groups. Each species represents a continuum, with pairs of each species ranging from random outcomes to those which coordinate on the payoff dominant outcome. What differs is the frequency of payoff dominant outcomes within each species.


An Experiment On Protecting Intellectual Property, Bart Wilson Aug 2014

An Experiment On Protecting Intellectual Property, Bart Wilson

Bart J Wilson

We conduct a laboratory experiment to explore whether the protection of intellectual property (IP) incentivizes people to create non-rivalrous knowledge goods, foregoing the production of other rivalrous goods. In the contrasting treatment with no IP protection, participants are free to resell and remake non-rivalrous knowledge goods originally created by others. We find that creators reap substantial profits when IP is protected and that rampant pirating is not uncommon when there is no IP protection. But most importantly, we find that IP protection in and of itself is neither necessary nor sufficient for generating wealth from the discovery of knowledge goods.


Horizontal Product Differentiation In Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas Aug 2014

Horizontal Product Differentiation In Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas

Bart J Wilson

We experimentally compare first-price auctions and multilateral negotiations after introducing horizontal product differentiation into a standard procurement setting. Both institutions yield identical surplus for the buyer, a difference from prior findings with homogeneous products that results from differentiation’s influence on sellers’ pricing behavior. The data are consistent with this finding being driven by concessions from low-cost sellers in response to differentiation reducing their likelihood of being the buyer’s surplus-maximizing trading partner. Further analysis shows that introducing product differentiation increases or leaves unchanged the intensity of price competition among sellers, which contrasts with the conventional wisdom that product differentiation ...


Using Experimental Economics To Understand Competition, Bart Wilson Aug 2014

Using Experimental Economics To Understand Competition, Bart Wilson

Bart J Wilson

No abstract provided.


Geography And Social Networks In Nascent Distal Exchange, Bart Wilson, Erik Kimbrough Aug 2014

Geography And Social Networks In Nascent Distal Exchange, Bart Wilson, Erik Kimbrough

Bart J Wilson

No abstract provided.


Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom Oct 2013

Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom

Robert Bloom

No abstract provided.


When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey Oct 2013

When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey

Robert Bloom

The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of ...


The Right To Die: Themes And Variations, Charles Baron Aug 2013

The Right To Die: Themes And Variations, Charles Baron

Charles H. Baron

No abstract provided.


Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross Dec 2011

Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross

American University Law Review

No abstract provided.


Markets In Ip And Antitrust, Herbert J. Hovenkamp Dec 2011

Markets In Ip And Antitrust, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The purpose of market definition in antitrust law is to identify a grouping of sales such that a single firm who controlled them could maintain prices for a significant time at above the competitive level. The conceptions and procedures that go into “market definition” in antitrust can be quite different from those that go into market definition in IP law. When the issue of market definition appears in IP cases, it is mainly as a query about the range over which rivalry occurs. This rivalry may or may not have much to do with a firm’s ability to charge ...


Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan Dec 2011

Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan

Wai Yee WAN

Section 76 of the Companies Act prohibits the giving by a company of financial assistance for the purpose of or in connection with the acquisition of its own shares. This penal provision is highly controversial in view of its breadth and uncertainty in its application. In the recent criminal prosecution of PP v Lew Syn Pau and in the recent civil litigation of Wu Yang Construction Group v Zhejiang Jinyi Group Co, Ltd, the Singapore High Court had to determine the scope of the prohibition under s 76 of the Companies Act. This case comment examines the two Singapore decisions ...


Commentary On Recommendations On Prohibition Of Financial Assistance: A Response To Consultation Paper: Report Of The Steering Committee For Review Of The Companies Act, Wai Yee Wan Dec 2011

Commentary On Recommendations On Prohibition Of Financial Assistance: A Response To Consultation Paper: Report Of The Steering Committee For Review Of The Companies Act, Wai Yee Wan

Wai Yee WAN

This is a commentary on the recommendations on prohibition of financial assistance in the Report of the Steering Committee for Review of the Companies Act


Sistema Brasileiro De Provas, Nelson Rodrigues Netto Dec 2011

Sistema Brasileiro De Provas, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.


The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush Dec 2011

The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush

Gregory A. Lush

No abstract provided.


The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush Dec 2011

The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush

Gregory A. Lush

3. A Vehicle Miles Tax Reduces Manufacturer Incentives to Build Electric Vehicles

It follows that if consumers have few incentives to buy electric vehicles, manufacturers will have less of an incentive to make them. If electric cars were not in demand, then why would anyone make them and try to sell them? In a market that is finding electric vehicles to be a tough sell, we need to encourage the sale and production of electric vehicles as much as possible. The effect of enacting a mileage-based tax will be the attrition of automakers producing electric vehicles, furthering the nation’s ...


President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen Dec 2011

President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen

Faculty Scholarship

Among the most important issues for American National Security is the national response to the growing threat from cyber activities. This threat is both ubiquitous and potentially catastrophic as recently demonstrated by both the recent decision by the UK to prioritize cyber capabilities over putting in service an air-capable aircraft carrier and the targeted effectiveness of the STUXNET worm. The evolving cyber paradigm will force the United States to reevaluate the way in which it thinks of both national security and the concept of armed conflict. To combat this threat, President Obama must refocus America’s attention, by both reallocating ...


Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building, Charles E. Tucker Jr. Dec 2011

Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building, Charles E. Tucker Jr.

University of Pennsylvania Journal of International Law

No abstract provided.


When “Bad” Mothers Make Worse Law: A Critique Of Legislative Limits On Embryo Transfer , Deborah L. Forman Dec 2011

When “Bad” Mothers Make Worse Law: A Critique Of Legislative Limits On Embryo Transfer , Deborah L. Forman

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Racial Disparities In Childhood Obesity: Causes, Consequences, & Solutions , Katherine Unger Davis Dec 2011

Racial Disparities In Childhood Obesity: Causes, Consequences, & Solutions , Katherine Unger Davis

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Islamaphobia, Neo-Orientalism, And The Specter Of Jihad: Problems Facing Muslim Litigants In U.S. Courts, Agatha Koprowski Dec 2011

Islamaphobia, Neo-Orientalism, And The Specter Of Jihad: Problems Facing Muslim Litigants In U.S. Courts, Agatha Koprowski

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


We Reap What We Sow: Using Post-Disaster Development Paradigms To Reverse Structural Determinist Frameworks And Empower Small Farmers In Mississippi And Haiti , Michéle Alexandre Dec 2011

We Reap What We Sow: Using Post-Disaster Development Paradigms To Reverse Structural Determinist Frameworks And Empower Small Farmers In Mississippi And Haiti , Michéle Alexandre

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Mass Incarceration, Ex-Felon Discrimination & Black Labor Market Disadvantage , Jordan Segall Dec 2011

Mass Incarceration, Ex-Felon Discrimination & Black Labor Market Disadvantage , Jordan Segall

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Masthead, Editors Dec 2011

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Right To Housing: An Effective Means For Addressing Homelessness, The Edward V. Sparer Symposium Issue: Partnering Against Poverty: Examining Cross-Disciplinary Approaches To Public Interest Lawyering , Thomas Byrne, Dennis P. Culhane Dec 2011

Right To Housing: An Effective Means For Addressing Homelessness, The Edward V. Sparer Symposium Issue: Partnering Against Poverty: Examining Cross-Disciplinary Approaches To Public Interest Lawyering , Thomas Byrne, Dennis P. Culhane

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Authority Of Race In Legal Decisions: The District Court Of Opinions Of Brown V. Board Of Education, The, Erica Frankenberg Dec 2011

Authority Of Race In Legal Decisions: The District Court Of Opinions Of Brown V. Board Of Education, The, Erica Frankenberg

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Influences Of Ambiguity Of Constitutional Provisions On The Administrative System Of Iraq Special Issue: Rule Of Law Reform In Iraq And Afghanistan , Sabah Al-Bawi Dec 2011

Influences Of Ambiguity Of Constitutional Provisions On The Administrative System Of Iraq Special Issue: Rule Of Law Reform In Iraq And Afghanistan , Sabah Al-Bawi

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Economic Rights As Group Rights, Eric Blumenson Dec 2011

Economic Rights As Group Rights, Eric Blumenson

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


House Divided: A Response To Professor Abbe Smith's In Praise Of The Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects, A, W. Tucker Carrington Dec 2011

House Divided: A Response To Professor Abbe Smith's In Praise Of The Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects, A, W. Tucker Carrington

University of Pennsylvania Journal of Law and Social Change

No abstract provided.