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2011

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Articles 1 - 30 of 16407

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

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


The Validity Of Deal Protection Devices Under Anglo-American Law, Wai Yee Wan Dec 2011

The Validity Of Deal Protection Devices Under Anglo-American Law, Wai Yee Wan

Wai Yee WAN

This paper analyzes deal protection devices, specifically termination fees and lockup agreements, that are entered into by publicly listed target companies in favor of the bidders, under Anglo-American law. U.S. (specifically Delaware) and U.K. law and regulation differ markedly in the regulation of these devices. Delaware law generally gives more leeway for the target board to enter into deal protection devices. The U.K. regime is much more shareholder-centric and severely restricts most types of deal protections. This paper examines the differences and argues that the U.K. regime is the result of the strong influence of institutional ...


The Validity Of Deal Protection Devices In Negotiatiated Acquisition Or Merger Transactions Under Anglo-American Law, Wai Yee Wan Dec 2011

The Validity Of Deal Protection Devices In Negotiatiated Acquisition Or Merger Transactions Under Anglo-American Law, Wai Yee Wan

Wai Yee WAN

This paper analyses deal protection devices, specifically termination fees and lockup agreements, that are entered into by publicly listed target companies in favour of the preferred bidders, under Anglo-American law. US (specifically Delaware) and UK law and regulation differ markedly in the regulation of these devices. Delaware law generally gives more leeway for the target board to enter into deal protection devices. The UK regime is much more shareholder-centric and severely restricts most types of deal protections. This paper explains the differences and argues that the UK regime is the result of the strong influence of institutional share ownership. In ...


Table Of Contents Dec 2011

Table Of Contents

Marquette Sports Law Review

None


The Wiaa As A State Actor: A Decade Later, Brentwood Academy's Potential Effect On Wisconsin Interscholastic Sports, Joseph P. Trevino Dec 2011

The Wiaa As A State Actor: A Decade Later, Brentwood Academy's Potential Effect On Wisconsin Interscholastic Sports, Joseph P. Trevino

Marquette Sports Law Review

none


Unconstitutional Hosting Of The Super Bowl: Anti-Ambush Marketing Clean Zones' Violation Of The First Amendment, Ari J. Sliffman Dec 2011

Unconstitutional Hosting Of The Super Bowl: Anti-Ambush Marketing Clean Zones' Violation Of The First Amendment, Ari J. Sliffman

Marquette Sports Law Review

None


When The Numbers Don't Add Up: Oversigning In College Football, Jonathan D. Bateman Dec 2011

When The Numbers Don't Add Up: Oversigning In College Football, Jonathan D. Bateman

Marquette Sports Law Review

None


Inside The Huddle: Analyzing The Mediation Efforts In The Nfl's Brady Settlement And Its Effectiveness For Future Professional Sports Disputes, Timothy J. Bucher Dec 2011

Inside The Huddle: Analyzing The Mediation Efforts In The Nfl's Brady Settlement And Its Effectiveness For Future Professional Sports Disputes, Timothy J. Bucher

Marquette Sports Law Review

None


The Biological Passport: Closing The Net On Doping, Peter Charlish Dec 2011

The Biological Passport: Closing The Net On Doping, Peter Charlish

Marquette Sports Law Review

None


Cross-Checking: An Overview Of The International Tax Issues For Professional Hockey Players, Alan Pogroszewski, Kari Smoker Dec 2011

Cross-Checking: An Overview Of The International Tax Issues For Professional Hockey Players, Alan Pogroszewski, Kari Smoker

Marquette Sports Law Review

None


In Memoriam: Judge Terence T. Evans Dec 2011

In Memoriam: Judge Terence T. Evans

Marquette Sports Law Review

None


The Good, The Right, And The Lawyer, Trevor C. W. Farrow Dec 2011

The Good, The Right, And The Lawyer, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.


Barriers To Women's Access To Justice In Haiti, Meena Jagannath Dec 2011

Barriers To Women's Access To Justice In Haiti, Meena Jagannath

City University of New York Law Review

While gender-based violence is not a new phenomenon in Haiti, the aftermath of the January 12, 2010 earthquake further exposed the vulnerability of Haitian women and girls to gender-based violence and the limited possibilities for women to evince a judicial response to gender-specific violations of the law. Drawing from the experiences of Haitian lawyers and women’s rights advocates, this paper will examine women’s barriers to accessing justice in Haiti by drawing on actual examples of gender-based violence at each step of the investigatory process under the Haitian justice system. It will provide, by way of background, an overview ...


An Irrational Oversight: Applying The Plra's Fee Restrictions To Collateral Prisoner Litigation, Walker Newell Dec 2011

An Irrational Oversight: Applying The Plra's Fee Restrictions To Collateral Prisoner Litigation, Walker Newell

City University of New York Law Review

The Federal Prison Litigation Reform Act precludes prisoners from filing lawsuits in forma pauperis and imposes significant limitations on the recovery of attorney’s fees. Many states have followed the lead of Congress by prohibiting their courts from waiving filing fees in prisoner cases. The federal fee provisions have withstood a barrage of constitutional challenges, with courts uniformly holding that the provisions are rationally related to a legitimate government interest in deterring frivolous inmate litigation. Many courts, however, apply these fee restrictions in a manner that cannot be justified by the analysis generally supporting the constitutionality of the provisions. In ...


Zealous Advocacy For The Right To Be Heard For Children And Youth In Deportation Proceedings, M. Aryah Somers Dec 2011

Zealous Advocacy For The Right To Be Heard For Children And Youth In Deportation Proceedings, M. Aryah Somers

City University of New York Law Review

No abstract provided.


Hybridizing Jurisdiction, Scott Dodson Dec 2011

Hybridizing Jurisdiction, Scott Dodson

California Law Review

No abstract provided.


Replay, Mitchell N. Berman Dec 2011

Replay, Mitchell N. Berman

California Law Review

No abstract provided.