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Full-Text Articles in Law

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle ...


The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan Jul 2015

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.


The First Thing We Do, Jorge R. Roig Dec 2013

The First Thing We Do, Jorge R. Roig

Jorge R Roig

There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the ...


"Shut Up. Pay More. This Is What You Voted For." Why You Don't See Me At San Francisco's Hall Of Justice., David D. Butler Sep 2013

"Shut Up. Pay More. This Is What You Voted For." Why You Don't See Me At San Francisco's Hall Of Justice., David D. Butler

David D. Butler

This 2,285 essay combines California's often violent history with European and American high and low culture to explain my decision to leave San Francisco in the 1970's and to study and practice law in other states. At the time, I was platflorm man (operator) on the 30 Stockton electric trolley through South of Market, the Financial District, Chinatown, Pacific Heights, and the Marina. Nevertheless, at the time the Nation of Islam had at least one armed group, the Zebra killers, murdering Whites, often slowly with machetes. I joined the White, Middle-Class, Taxpaying majority in their diaspora to ...


The Best Of Times, The Worst Of Times: Securities Regulation Scholarship And Teaching In The Global Financial Crisis, Joan Heminway Oct 2011

The Best Of Times, The Worst Of Times: Securities Regulation Scholarship And Teaching In The Global Financial Crisis, Joan Heminway

Joan M Heminway

This short piece is an annotated version of remarks that I gave to introduce a roundtable discussion on securities regulation scholarship at the University of Maryland School of Law program on “Corporate Governance and Securities Law Responses to the Financial Crisis” held on April 17, 2009. The piece represents my current thoughts about what it is like to teach, research, and write in the area of securities regulation. Ultimately, the message I deliver is a positive one; there is much opportunity for securities regulation teachers and scholars in an environment like the one we have been wrestling with since at ...


The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd Dec 2009

The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd

Robert M Lloyd

This article explains the factors courts consider when determining whether to award damages for lost profits. It contains an extensive review of the case law.


Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer Dec 2009

Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer

David Barnhizer

The golem is the mud and stick figure of folklore created to protect Jews from the abuses of Hungarian society in the 16th Century. But ultimately the powerful creature had to be destroyed because it lacked a soul and had no moral core to regulate its behavior and became a danger to those it was constructed to protect. Most people may be more familiar with the concept of the golem than they realize. In J. R. R. Tolkien’s book, The Hobbit, and the subsequent Ring Trilogy, the sad creature who relentlessly pursued Frodo to recover his “Precious” ring of ...


Do “Sea Turtles” Creep Faster Than “Soft-Shell Turtles”: A Quantitative Study Of Academic Performance Of Law Faculty In Premier Chinese Law Schools, Wei Zhang Jan 2009

Do “Sea Turtles” Creep Faster Than “Soft-Shell Turtles”: A Quantitative Study Of Academic Performance Of Law Faculty In Premier Chinese Law Schools, Wei Zhang

Wei Zhang

No abstract provided.


Libertad, Confianza Y Afecto Como Fundamentos De La Comunidad De Nuestra Escuela, Juan Pablo Pampillo Baliño Jan 2009

Libertad, Confianza Y Afecto Como Fundamentos De La Comunidad De Nuestra Escuela, Juan Pablo Pampillo Baliño

Juan Pablo Pampillo Baliño

No abstract provided.


El Nuevo Plan De Estudios De Licenciatura De La Escuela Libre De Derecho, Juan Pablo Pampillo Baliño Dec 2008

El Nuevo Plan De Estudios De Licenciatura De La Escuela Libre De Derecho, Juan Pablo Pampillo Baliño

Dr. Juan Pablo Pampillo Baliño

No abstract provided.


Globalización, Derechos Humanos Y Sociedad De La Información, Teresa M. G. Da Cunha Lopes Jul 2007

Globalización, Derechos Humanos Y Sociedad De La Información, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

Para nadie es ajeno que las nuevas tecnologías, y en especial el internet, en la llamada era de la sociedad de la información, constituyen una de las mayores posibilidades con las que se cuenta actualmente para la adquisición de nuevos conocimientos, contactos personales interactivos como el correo electrónico, el chat, el comercio electrónico, la diversión, los grupos de discusión y las redes sociales.Sin embargo, al lado de las infinitas posibilidades benéficas que la red de redes ofrece, coexisten algunos usos abusivos, inseguros, peligrosos o incluso delictivos que nos plantean nuevos retos a los juristas, acerca de los cuales es ...


Economic Analysis Of Law In North America, Europe And Israel, Oren Gazal-Ayal Jan 2007

Economic Analysis Of Law In North America, Europe And Israel, Oren Gazal-Ayal

Oren Gazal-Ayal

What explains the popularity of law and economics (L&E) in some academic communities and the scarcity of such scholarship in others? Many explanations have been given for the centrality of economic analysis in American legal thought and its marginality in Europe. This article examines what drives scholars to select L&E as a topic for research. It does so by implementing the methodology of many papers in the field – by assuming that regulation and incentives matter. Legal scholars face very different academic incentives in different parts of the world. In some countries, the academic standards for appointment, promotion and tenure encourage legal scholars to concentrate on L&E. In others, they strongly discourage such research. Thus, we should expect wide variation in the participation rate of legal scholars in the L&E discourse across countries. On the other hand, economists are evaluated with similar yardsticks everywhere, and thus their participation rate is likely to vary much less. The hypothesis of this paper is that academic incentives are a major factor in the level of participation in L&E scholarship. This "incentives hypothesis" is presented and then examined empirically with data gathered from the list of authors in L&E journals and the list of participants in L&E conferences. The data generally support the hypothesis. In legal academia, the incentives to focus research on L&E topics are the strongest in Israel, weaker in North America, and weakest in Europe. In fact, the data reveal that lawyers' authorship of L&E papers weighted by population is about ten times higher in Israel than in North America; while in Europe it is almost five times lower than in North America. By comparison, the weighted participation level of economists – who face relatively similar academic environments across countries – in L&E research is not significantly different across countries.


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Explaining The Value Of Transactional Lawyering, Steven L. Schwarcz Aug 2006

Explaining The Value Of Transactional Lawyering, Steven L. Schwarcz

ExpressO

This article attempts, empirically, to explain the value that lawyers add when acting as counsel to parties in business transactions. Contrary to existing scholarship, which is based mostly on theory, this article shows that transactional lawyers add value primarily by reducing regulatory costs, thereby challenging the reigning models of transactional lawyers as “transaction cost engineers” and “reputational intermediaries.” This new model not only helps inform contract theory but also reveals a profoundly different vision than existing models for the future of legal education and the profession.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Legal Scholarship, Humility, And The Scientific Method, David J. Herring May 2006

Legal Scholarship, Humility, And The Scientific Method, David J. Herring

University of Pittsburgh School of Law Working Paper Series

This essay responds to the question of "What next for law and behavioral biology?" by describing an approach to legal scholarship that relies on the scientific method. There are two steps involved in this approach to legal scholarship. First, the legal scholar must become familiar with an area of scientific research that is relevant to the development of law and policy. (This essay uses behavioral biology research as an example.) Second, the legal scholar must seek and form relationships across disciplines, becoming an active member of a scientific research team that conducts studies relevant to particular issues of law and ...


Economic Analysis Of Law And Economics, Oren Gazal-Ayal May 2006

Economic Analysis Of Law And Economics, Oren Gazal-Ayal

ExpressO

The academic world is wonderful. Like few other professionals, we can choose what we want to do and what questions we think are important, which in our line of work means choosing what topics we want to research. But what influences our choices? This paper examines what drives scholars to select Law and Economics (L&E) as a topic for research. It does so by implementing the methodology of many L&E papers – by assuming that regulation and incentives matter.

Legal scholars face very different academic incentives in different parts of the world. In some countries, the academic standards for appointment, promotion and tenure encourage legal scholars to concentrate on L&E. In others, they strongly discourage such research. Thus, we should expect wide variation in the rate of participation of legal scholars in the L&E discourse across countries. On the other hand, economists are evaluated with similar yardsticks everywhere. Thus, participation of economists in the Law and Economics discourse is likely to vary much less from one place to another.

The hypothesis of this paper is that the academic incentives are a major factor in the level of participation in the L&E scholarship. This "incentives hypothesis" is presented and then examined empirically on data gathered from the list of authors in L&E journals and the list of participants in L&E conferences. The data generally supports the hypothesis. In the legal academia, the incentives to focus research on L&E topics are the strongest in Israel, they are weaker in North America and weakest in Europe. In fact, the data reveal that lawyers' authorship of L&E papers weighted by population is almost ten times higher in Israel then in North America; while in Europe it is almost ten times lower then in North America. By comparison, the weighted participation level of economists – who face relatively similar academic environments across countries – in L&E research is not significantly different across countries.


El Lema De La Escuela Libre De Derecho, Juan Pablo Pampillo Baliño Dec 2005

El Lema De La Escuela Libre De Derecho, Juan Pablo Pampillo Baliño

Dr. Juan Pablo Pampillo Baliño

No abstract provided.


Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham Dec 2005

Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

In this pioneering book, Boston College Law School’s Academic Dean, Lawrence Cunningham, arranges selected contributions of his faculty’s scholarship into a meditation upon justice. The book weaves a combination of theory and practice to articulate moral and ethical values that facilitate rational application of law. It envisions legal arrangements imbued with commitments of the Jesuit tradition, including the dignity of persons, the common good and compassion for the poor. This reflective collection of inquiry evokes a signature motif of the BC Law faculty in dozens of different legal subjects. Materials downloadable from this abstract consist of: Table of ...


Law And Accounting: Cases And Materials (Front Matter), Lawrence A. Cunningham Sep 2005

Law And Accounting: Cases And Materials (Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

Accounting textbooks for law or business schools invariably provide secondary narrative presentations of materials in the authors’ own words. A better approach to learning this subject is to present thematically arranged original accounting pronouncements. In so designing this innovative book, readers appreciate how accounting is a tool that provides conceptual organization to economic exchange. The tool facilitates analyzing legal, business and public policy aspects of the transactions that accounting addresses. The original accounting standards, as well as SEC enforcement actions, presented in this book illuminate why transactions are pursued and related decisions made, economic aspects of transactions, and the conceptual ...


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Debate: La Revolución Jurídica Del Derecho Informático, Juan Pablo Pampillo Baliño Jul 2005

Debate: La Revolución Jurídica Del Derecho Informático, Juan Pablo Pampillo Baliño

Juan Pablo Pampillo Baliño

No abstract provided.


Orígenes, Desenvolvimiento, Crisis Y Alternativas De La Universidad Contemporánea, Juan Pablo Pampillo Jan 2005

Orígenes, Desenvolvimiento, Crisis Y Alternativas De La Universidad Contemporánea, Juan Pablo Pampillo

Juan Pablo Pampillo Baliño

No abstract provided.


Los Valores De La Escuela Libre De Derecho. Tradición, Actualidad Y Perspectivas, Juan Pablo Pampillo Baliño Jan 2005

Los Valores De La Escuela Libre De Derecho. Tradición, Actualidad Y Perspectivas, Juan Pablo Pampillo Baliño

Juan Pablo Pampillo Baliño

No abstract provided.


Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker Jul 2002

Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker

Faculty Scholarship at Penn Law

No abstract provided.


A Era Pós-Napster, Ivo T. Gico Dec 2000

A Era Pós-Napster, Ivo T. Gico

Ivo Teixeira Gico Jr.

O artigo analisa questões referentes à divugação não autorizada de obras artísticas pela internet e os problemas enfrentados pela indústria fonográfica, contrastando o direito ao acesso à informação, controle e seu papel fundamental na construção de uma democracia. The article examines issues relating to unauthorized disclosure of artistic works on the Internet and the problems faced by the music industry, opposed by the access to information rights, control and its fundamental role in the building of a democracy.


The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti Jan 1997

The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti

Boston College Law School Faculty Papers

The U.S. tax system contains many provisions which are intended to align management of large publicly traded companies more closely to stockholders. This article shows that many of the tax provisions that have been adopted are of questionable effectiveness because they fail to address the complexities of stockholder-management relations in attempting to motivate management to act in the best interests of stockholders. The article proposes that rather than Congress attempting to identify the best way that it can use the tax system to motivate management, Congress should eliminate tax provisions which subsidize management's inefficiencies in order to encourage ...


Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater Jan 1989

Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

The day-to-day realities of different systems of government can be discerned in the way they handle, in theory and practice, clashes between the individual and the collective will. The structure of contemporary American democracy is no exception. It is comprised of a variegated assortment of judicial formulae for balancing the interests of the individual and the state, most of these formulae tracing back with differing degrees of directness to textual bases in the first nine amendments to the federal Constitution or their state constitutional equivalents. One of these basic structural balancings, encountered early on by every student of American law ...