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Articles 31 - 53 of 53

Full-Text Articles in Law

Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman Jan 2012

Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman

Articles

No abstract provided.


Some Realism About Responsive Tax Administration, Leigh Osofsky Jan 2012

Some Realism About Responsive Tax Administration, Leigh Osofsky

Articles

No abstract provided.


Hypersalience And Why Understanding Behavioral Tax Law And Economics Means Understanding Tax, Leigh Osofsky Jan 2012

Hypersalience And Why Understanding Behavioral Tax Law And Economics Means Understanding Tax, Leigh Osofsky

Articles

No abstract provided.


Organizational, Not Transactional, Legal Engineers, Robert Eli Rosen Jan 2012

Organizational, Not Transactional, Legal Engineers, Robert Eli Rosen

Articles

No abstract provided.


Better Mistakes In Patent Law, Andres Sawicki Jan 2012

Better Mistakes In Patent Law, Andres Sawicki

Articles

This Article analyzes patent mistakes-that is, mistakes made by the patent system when it decides whether a particular invention has met the patentability requirements. These mistakes are inevitable. Given resource constraints, some might even be desirable. This Article evaluates the relative costs of patent mistakes, so that we can make better ones.

Three characteristics drive the costs of mistakes: their type (false positive or false negative), timing (early or late), and doctrinal basis (utility, novelty, nonobviousness, and so on). These characteristics make some mistakes more troubling than others.

This Article compares the costs of making mistakes of different types, at …


The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart Jan 2012

The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart

Articles

No abstract provided.


Henry Friendly: The Judge, The Man, The Book, Mary I. Coombs Jan 2012

Henry Friendly: The Judge, The Man, The Book, Mary I. Coombs

Articles

No abstract provided.


Who Are We? Parental Influences On Self-Identities And Self-Esteem Of Second Generation Youths In Spain, Alejandro Portes, Adrienne Celaya, Erik Vickstrom, Rosa Aparicio Jan 2012

Who Are We? Parental Influences On Self-Identities And Self-Esteem Of Second Generation Youths In Spain, Alejandro Portes, Adrienne Celaya, Erik Vickstrom, Rosa Aparicio

Articles

We review the literature on determinants of ethnic/national self-identities and self-esteem as a prelude to examining these outcomes among a large, statistically representative sample of second generation adolescents in Madrid and Barcelona. While these psycho-social outcomes are malleable, they still represent important dimensions of immigrant adaptation and can have significant consequences both for individual mobility and collective mobilizations. Current theories are largely based on data from the United States and other Anglophone countries. The availability of a new large Spanish survey allows us to test those theories in an entirely different socio-cultural context. In addition to having data on close …


Anticompetitive Product Design In The New Economy, John M. Newman Jan 2012

Anticompetitive Product Design In The New Economy, John M. Newman

Articles

Claims alleging anticompetitive product design and redesign lie at the very core of one of antitrust law's most challenging dilemmas: the intersection between innovation and regulation, invention and intervention. For over three decades, courts and scholars have struggled to determine the proper analytical framework within which to address such cases. Meanwhile, the very industries in which challenged conduct occurs have been undergoing fundamental changes.

As demonstrated by the ongoing and recent antitrust litigation involving high technology firms Apple, Intel, and Microsoft, distinctive features characterize most product markets in what has been called the 'New Economy'"--and what increasingly has become simply …


Transparency And Financial Regulation In The European Union: Crisis And Complexity, Caroline Bradley Jan 2012

Transparency And Financial Regulation In The European Union: Crisis And Complexity, Caroline Bradley

Articles

No abstract provided.


The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin Jan 2012

The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin

Articles

In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a schoolteacher sued her employer for retaliating against her in violation of the American with Disabilities Act (ADA). The success of her ADA claim turned on whether the Supreme Court thought that she was a minister. If she was not a minister, she would have probably won. After all, the school stated in writing that a main reason for her termination was her threatened lawsuit. But because the Supreme Court decided that she was a minister, and that ministers may not sue their religious employers for discrimination under the ministerial …


Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki Jan 2012

Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki

Articles

No abstract provided.


Neoliberal Land Conservation And Social Justice, Jessica Owley Jan 2012

Neoliberal Land Conservation And Social Justice, Jessica Owley

Articles

No abstract provided.


Nonbelievers And Government Speech, Caroline Mala Corbin Jan 2012

Nonbelievers And Government Speech, Caroline Mala Corbin

Articles

In the past few years, nonbelievers have become much more prominent in the United States. But while their visibility has increased, they are still a small minority, and they remain disliked, distrusted, and not truly American in the eyes of many. As a result, many nonbelievers are hesitant about disclosing their views, and those who do often face hostility and discrimination.

This Article argues that government religious speech such as "In God We Trust" or a Latin cross war memorial violates the Establishment Clause in part because it exacerbates the precarious position of nonbelievers in this country. One of the …


Disabling Racial Repetition, Zanita E. Fenton Jan 2012

Disabling Racial Repetition, Zanita E. Fenton

Articles

No abstract provided.


Social Media And The Press, Lili Levi Jan 2012

Social Media And The Press, Lili Levi

Articles

The Internet and social media are transforming news as we knew it, yet the precise consequences of these changes are not yet clear. Journalists now rely on Twitter, crowdsourcing is available through social media, facts and stories are googled, traditional print newspapers have websites and reporter blogs, "open newsrooms" invite community participation in the editorial process itself, video from citizen journalists is commonly used in mainstream media storytelling, bloggers consider themselves journalists, and media consolidation marries entities like AOL and the Huffington Post. In turn, changes in the news-access practices of readers are increasingly influencing the length, breadth, and subjects …


Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann Jan 2012

Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann

Articles

This Article introduces an investor-orented framework for the evaluation of renewable energy policy, applies these newly developed critea to a qualitative comparison of the primary policy instruments, and offers recommendations to enhance the investor appeal of renewable energy in the United States.

The multi-trillion dollar task of scaling-up renewable energy technologies to mitigate climate change, ensure energy security, and create green jobs is one of the most daunting challenges of the twenty-first century It is, in fact, too great a challenge for either the public or private sector to shoulder alone. Rather, public policy must catalyze private investment in renewable …


All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen Jan 2012

All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen

Articles

Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized as a man of the Right. To Marx, Selznick added insights derived form Freud and Dewey. He was committed to the moral primacy of facts and the conditions under which they realized values. Selznick’s organicism is discussed and critiqued.


“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock Jan 2012

“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock

Articles

No abstract provided.


Sexual Harassment 2.0, Mary Anne Franks Jan 2012

Sexual Harassment 2.0, Mary Anne Franks

Articles

Sexual harassment is a complex and evolving practice. The rise of sexual discrimination in cyberspace is only one of the most recent and most striking examples of the phenomenon's increasing complexity. Sexual harassment law, however, has not kept pace with this evolution. Discrimination law has not been adequately "updated" to address new and amplified practices of sex discrimination. Its two principal limitations are (1) it treats only sexual harassment that occurs in certain protected settings (e.g. the workplace or school) as actionable and (2) it assumes that both the activity and the resulting harm of sexual harassment occur in the …


In Memoriam David J. Bederman (1961-2011), Bernard H. Oxman Jan 2012

In Memoriam David J. Bederman (1961-2011), Bernard H. Oxman

Articles

No abstract provided.


Introduction: Jessica Lenahan (Gonzales) V. United States: Implementation, Litigation, And Mobilization Strategies, Caroline Bettinger-López Jan 2012

Introduction: Jessica Lenahan (Gonzales) V. United States: Implementation, Litigation, And Mobilization Strategies, Caroline Bettinger-López

Articles

No abstract provided.


In Tribute: Frank I. Michelman, Judge Guido Calabrese, Judge Dennis Davis, Rosalind Dixon, Dieter Grimm, Patrick O. Gudridge, Martha Minnow, Margaret Jane Radin Jan 2012

In Tribute: Frank I. Michelman, Judge Guido Calabrese, Judge Dennis Davis, Rosalind Dixon, Dieter Grimm, Patrick O. Gudridge, Martha Minnow, Margaret Jane Radin

Articles

No abstract provided.