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Articles 61 - 78 of 78

Full-Text Articles in Physical Sciences and Mathematics

Cyberspace Governance In The People’S Republic Of China, Kam C. Wong Jul 2008

Cyberspace Governance In The People’S Republic Of China, Kam C. Wong

Kam C. Wong

This project investigates into and reports upon computer related crime and control in China. Particularly, it investigates into the nature and extent of computer related crime in China and reports upon the effectiveness of legal measures addressing computer related crime. This research project is a first attempt to study cyberspace governance and Internet regulations in China with indigenous PRC data and from a China perspective

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Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker Apr 2008

Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker

David A Hoffman

Empirical legal scholars have traditionally modeled judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. Support for this hypothesis has reviewed published opinions, finding that civil rights and other “hot” topics are more to be discussed than other issues. This orthodoxy comforts consumers of legal opinions, because it suggests that opinions are largely representative of judicial work. The orthodoxy is substantively and methodologically flawed. This paper starts by assuming that judges are generally risk averse with respect to reversal, and that they provide opinions when they believe that …

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The (First) American State Litter Scorecard (2008), Stephen [Steve] L. Spacek Mar 2008

The (First) American State Litter Scorecard (2008), Stephen [Steve] L. Spacek

Stephen [Steve] L Spacek

ABSTRACT Littering is an American environmental crime, creating a danger to public health and safety. Experts nationwide have done little research on litter’s impingement upon state jurisdictional environmental degradation. Unfortunately, the 50 American states do not collect uniform litter data measures, such as volumes of waste collected, total litter eradication expenditures, the number of persons injured or killed by litter/dumping-related incidents. For the first time, a "litter scorecard" is created, measuring each state’s environmental quality indicators and litter eradication programs. The research first examines salient social and political mores that influence littering and statewide environmental degradation through a review of …

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Climate Change And Freshwater Resources, Noah D. Hall, Bret B. Stuntz, Robert H. Abrams Jan 2008

Climate Change And Freshwater Resources, Noah D. Hall, Bret B. Stuntz, Robert H. Abrams

Noah D Hall

The Earth’s climate is warming. This is the unequivocal conclusion of climate scientists. Despite the complexities of climatology, certain consistent trends emerge with implications for water availability: as the world gets warmer, it will experience increased regional variability in precipitation, with more frequent heavy precipitation events and more susceptibility to drought. These simple facts will have a profound impact on freshwater resources throughout the United States, as the warmer climate will reduce available water supplies and increase water demand. Unfortunately, current water law and policy are not up to the new challenges of climate change and resulting pressures on freshwater …

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Climate Change And Carbon Sequestration: Assessing A Liability Regime For Long-Term Storage Of Carbon Dioxide, Alexandra B. Klass, Elizabeth J. Wilson Jan 2008

Climate Change And Carbon Sequestration: Assessing A Liability Regime For Long-Term Storage Of Carbon Dioxide, Alexandra B. Klass, Elizabeth J. Wilson

Alexandra B. Klass

As the nation struggles with how to address climate change, one of the most significant questions is how to reduce increasing levels of carbon dioxide in the atmosphere. One promising technology is carbon capture and sequestration (“CCS”), which consists of capturing carbon dioxide emissions from power plants and industrial sources and sequestering them in deep geologic formations for long periods of time. Areas for potential CO2 sequestration include oil and gas fields, saline aquifers, and coal seams. As Congress and the private sector begin to spend billions of dollars to research and deploy this technology, there has been insufficient attention …

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Profiles And Correlatable Humans, Mireille Hildebrandt Jan 2008

Profiles And Correlatable Humans, Mireille Hildebrandt

Mireille Hildebrandt

In this chapter I discuss some of the crucial implications of profiling practices for identity, legal subjectivity, democracy and rule of law. To this end I will attempt to answer (or at least raise) the question if and how the information and/or knowledge generated by these technologies can be made justiciable. First I will explain what is meant by the term profiling practices (section 2). Second I will discuss the purposes and some of the effects of the type of knowledge these practices produce (section 3). Third I will indicate in what ways profiling technologies produce a new type of …

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Wrongly Accused Redux: How Race Contributes To Convicting The Innocent: The Informants Example, Andrew E. Taslitz Jan 2008

Wrongly Accused Redux: How Race Contributes To Convicting The Innocent: The Informants Example, Andrew E. Taslitz

Andrew E. Taslitz

This article analyzes five forces that may raise the risk of convicting the innocent based upon the suspect's race: the selection, ratchet, procedural justice, bystanders, and aggressive-suspicion effects. In other words, subconscious forces press police to focus more attention on racial minorites, the ratchet makes this focus every-increasing, the resulting sense by the community of unfair treatment raises its involvment in crime while lowering its willingness to aid the police in resisting crime, innocent persons suffer when their skin color becomes associated with criminality, and the police use more aggressive techniques on racial minorities in a way that raises the …

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Bad Science In Search Of “Bad” Patents, Ron D. Katznelson Aug 2007

Bad Science In Search Of “Bad” Patents, Ron D. Katznelson

Ron D. Katznelson

This paper draws attention to fundamental deficiencies in studies that have been relied upon as authoritative sources on patent grant rate comparisons among national patent offices. The two prominent studies analyzed here had employed erroneous methods to compare patent grant rates, resulting in false high indications of such rates at the U.S. patent office compared to foreign patent offices. The three identified categories of analysis errors found in these studies were (i) the misapplication of conditional probability; (ii) miscounting invention applications; and (iii) failure to account for patent obsolescence and application attrition due to the widely differing delays among national …

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Disciplining Words: What You Always Wanted To Know About Terminology Management, Uwe Muegge Jan 2007

Disciplining Words: What You Always Wanted To Know About Terminology Management, Uwe Muegge

Uwe Muegge

Terminology management enables organizations of any size to use the same terms consistently within and across the communication types that accompany a product or service. Typical communication types include specifications, drawings, GUI, software strings, help systems, technical documentation, marketing materials, regulatory submissions, etc. As multiple authors typically contribute to these communications, terminology management is the most efficient solution for ensuring that the organization speaks with one voice.

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Google's Law, Greg Lastowka Jan 2007

Google's Law, Greg Lastowka

Greg Lastowka

Google has become, for the majority of Americans, the index of choice for online information. Through dynamically generated results pages keyed to a near-infinite variety of search terms, Google steers our thoughts and our learning online. It tells us what words mean, what things look like, where to buy things, and who and what is most important to us. Google’s control over “results” constitutes an awesome ability to set the course of human knowledge. As this paper will explain, fortunes are won and lost based on Google’s results pages, including the fortunes of Google itself. Because Google’s results are so …

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The "Duty" To Be A Rational Shareholder, David A. Hoffman Feb 2006

The "Duty" To Be A Rational Shareholder, David A. Hoffman

David A Hoffman

How and when do courts determine that corporate disclosures are actionable under the federal securities laws? The applicable standard is materiality: would a (mythical) reasonable investor have considered a given disclosure important. As I establish through empirical and statistical testing of approximately 500 cases analyzing the materiality standard, judicial findings of immateriality are remarkably common, and have been stable over time. Materiality's scope results in the dismissal of a large number of claims, and creates a set of cases in which courts attempt to explain and defend their vision of who is, and is not, a reasonable investor. Thus, materiality …

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An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric A. Engle Jan 2004

An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric A. Engle

Eric A. Engle

This paper presents an introduction to artificial intelligence for legal scholars and includes a computer program that determines the existence of jurisdiction, defences, and applicability of the Alien Tort Claims Act and Torture Victims Protection Act. The paper includes a discussion of the limits and implications of computer programming in formal representations of the law. Concluding that formalization of the law reveals implicit weaknesses in reductionist legal theories, this paper emphasizes the limitations in practice of such theories.

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Nullificatory Juries, David A. Hoffman, Kaimipono D. Wenger Oct 2003

Nullificatory Juries, David A. Hoffman, Kaimipono D. Wenger

David A Hoffman

In this Article, we argue that current debates on the legitimacy of punitive damages would benefit from a comparison with jury nullification in criminal trials. We discuss critiques of punitive damages and of jury nullification, noting the surprising similarities in the arguments scholars use to attack these (superficially) distinct outcomes of the jury guarantee. Not only are the criticisms alike, the institutions of punitive damages and jury nullification also turn out to have many similarities: both are, we suggest, examples of what we call "nullificatory juries." We discuss the features of such juries, and consider recent behavioral data relating to …

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The Press For Help Project Concept, Program And Working Paper Of Emmanuel Mario B Santos And His Marc Guerrero Communications Inc., Emmanuel Mario B. Santos Aka Marc Guerrero Jan 2003

The Press For Help Project Concept, Program And Working Paper Of Emmanuel Mario B Santos And His Marc Guerrero Communications Inc., Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

FORETHOUGHT. DECLARATION OF IDEAOLOGY AND PRINCIPLES. VISION. MISSION. VALUES. GOALS. BASIC HELP project. EDUCATIONAL HELP project. MEDICAL HELP project. LEGAL HELP project. EMERGENCY HELP project. LIVELIHOOD HELP project. SPIRITUAL and CULTURAL HELP project. ENVIRONMENTAL HELP project. REENGINEERING HELP project. INTERNATIONAL HELP project. QUADRO CREDO Matthew 5.1-12, the Jerusalem Bible. The Universal Filipino Beatitudes. SALIN SA FILIPINO. DESIDERATA. AFTERTHOUGHT.

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Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea Feb 2002

Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea

David A Hoffman

This article describes important recent developments in normative law and economics, and the difficulties they create for the project of efficiency-based legal reform. After long proceeding without a well articulated moral justification for using economic decision procedures to choose legal rules, scholars have lately begun to devote serious attention to developing a philosophically attractive definition of well-being. At the same time, the empirical side of law and economics is also being enriched with an improved understanding of the complexities of individuals' decision-making behavior. That is where the problems begin. Scholars may have better, more plausible conceptions of well-being in hand, …

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Smoke And Mirrors Or Science? Teaching Law With Computers - A Reply To Cass Sunstein On Artificial Intelligence And Legal Science, Eric A. Engle Jan 2002

Smoke And Mirrors Or Science? Teaching Law With Computers - A Reply To Cass Sunstein On Artificial Intelligence And Legal Science, Eric A. Engle

Eric A. Engle

The article explores the possibilities and limits of AI for teaching and modeling law.

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The Hazardous Waste Land, Jerry L. Anderson Nov 1993

The Hazardous Waste Land, Jerry L. Anderson

Jerry L. Anderson

This article was one of the first comprehensive critiques of the Superfund remediation and liability system. The article addresses systemic problems with the CERCLA mechanism that result in inequity and slow the pace of cleanups.

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The Paradox Of Ideology, Justin Schwartz Jan 1993

The Paradox Of Ideology, Justin Schwartz

Justin Schwartz

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …

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