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Taxes And Takings - And First Principles, George B. Hefferan Jr 2009 Selected Works

Taxes And Takings - And First Principles, George B. Hefferan Jr

George B Hefferan Jr

No abstract provided.


Why Not Row To The Bahamas Instead Of Miami?: The Conundrum That Awaits Cuban Elite Baseball Players Who Seek Asylum And The Economic Nirvana Of Free Agency, Danyahel Michael Norris 2009 Texas Southern University, Thurgood Marshall School of Law

Why Not Row To The Bahamas Instead Of Miami?: The Conundrum That Awaits Cuban Elite Baseball Players Who Seek Asylum And The Economic Nirvana Of Free Agency, Danyahel Michael Norris

Danyahel Norris

...The singular goal of all Cuban baseball defectors is to sign a lucrative contract to the highest bidder... It is a matter of some loose interpretation regarding how to treat a foreign player. This lack of clarity allows for a “loophole” so that Cuban baseball defectors can avoid the Rule 4 draft and become a free agent. The draft only applies to players from the United States ... If a player came from Cuba, or some other country not listed in Rule 4, then that player would not be subject to the draft. Usually, one can only achieve free-agent status by ...


Subsurface "Trespass": A Man's Subsurface Is Not His Castle, Owen L. Anderson 2009 University of Oklahoma Norman Campus

Subsurface "Trespass": A Man's Subsurface Is Not His Castle, Owen L. Anderson

Owen L. Anderson

No abstract provided.


A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis 2009 Ohio Northern University

A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis

Michael W. Lewis

The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture ...


New York Residential Landlord-Tenant Law And Procedure—2009-2010 (2d Ed. 2010), Gerald Lebovits 2009 Columbia, Fordham & NYU Law Schools

New York Residential Landlord-Tenant Law And Procedure—2009-2010 (2d Ed. 2010), Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


People Can Be So Fake: A New Dimension To Privacy And Technology Scholarship, M. Ryan Calo 2009 Stanford Law School

People Can Be So Fake: A New Dimension To Privacy And Technology Scholarship, M. Ryan Calo

M. Ryan Calo

This article updates the traditional discussion of privacy and technology, focused since the days of Warren and Brandeis on the capacity of technology to manipulate information. It includes a novel dimension around the impact to privacy of anthropomorphic or social design. Technologies designed to emulate people - through voice, animation, and natural language - are increasingly commonplace, showing up in our cars, computers, phones, and homes. A rich literature in communications and psychology suggests that we are hardwired to react to such technology as though a person were actually present. Social interfaces accordingly capture our attention and improve interactivity, and can free ...


An Educational Approach To School Food: Using Nutrition Standards To Promote Healthy Dietary Habits, Timothy D. Lytton 2009 Albany Law School

An Educational Approach To School Food: Using Nutrition Standards To Promote Healthy Dietary Habits, Timothy D. Lytton

Timothy D. Lytton

This article proposes a novel approach to school food reform that promotes healthy dietary habits. Daily aggregate nutrition standardization (DANS) assigns each student an individualized standard to monitor the nutritional quality of all food provided to that student in school at any time of the day, including meals and snacks, whether from the cafeteria, vending machines, bake sales, or in class. DANS would enable schools to track all foods purchased by or served to a student each day and to compare the nutritional content of those foods to a nutrition standard appropriate for that student. Cafeteria registers and vending machines ...


Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman 2009 Chicago-Kent College of Law

Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman

Christopher J. Buccafusco

In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions ...


El Derecho Del Mercado De Capitales, Martin Paolantonio 2009 Universidad de Buenos Aires (UBA)

El Derecho Del Mercado De Capitales, Martin Paolantonio

Martin Paolantonio

Reconstrucción de la disciplina jurídica del mercado de capitales, tomando como base un desarrollo de Bercovitz para España que es un clásico en la materia, con referencias normativas concretas al derecho argentino


Harnessing Local Variations In Federal Sentencing To Increase The System's Moral Credibility, Adam Richardson 2009 Selected Works

Harnessing Local Variations In Federal Sentencing To Increase The System's Moral Credibility, Adam Richardson

Adam Richardson

This Essay attempts to provide an all-things-considered approach to justifying local sentencing variations in the federal system. Instead of trying to eliminate those disparities, this Essay contends that the federal sentencing system should embrace regional variations to increase the moral credibility of the system at the local level. To do this, it argues for the creation of regional sentencing commissions (one for each federal circuit), which would promulgate their own, regional sentencing guidelines. By premising each set of guidelines on Professor Paul H. Robinson’s distributive principle of empirical desert, which is informed by lay intuitions of justice, the federal ...


Written Constitutions And The Administrative State: On The Constitutional Character Of Administrative Law, Tom Ginsburg 2009 University of Chicago

Written Constitutions And The Administrative State: On The Constitutional Character Of Administrative Law, Tom Ginsburg

Tom Ginsburg

No abstract provided.


The Ongoing Milberg Weiss Controversy, Lonny Hoffman, Alan Steinberg 2009 Univ of Houston Law Center

The Ongoing Milberg Weiss Controversy, Lonny Hoffman, Alan Steinberg

Lonny Hoffman

In this paper we revisit the ongoing controversy surrounding the Milberg Weiss prosecution. Our paper responds to an important, recent empirical study by Michael A. Perino that claims to have found evidence to support the government’s assertion (made without evidentiary support) that class members were in fact injured by the payments Milberg made to the named representatives. Notwithstanding the carefully constructed and rigorous study Perino has authored, we argue that the evidentiary proof of harm he claims to have found simply cannot withstand scrutiny. We raise several methodological critiques of the study. Although we did not have access to ...


Education Law Association, Zorka Karanxha 2009 University of South Florida

Education Law Association, Zorka Karanxha

Zorka Karanxha

No abstract provided.


Sobre Las Causas Morales De La Crisis Económico-Financiera, Mario Šilar 2009 University of Navarra

Sobre Las Causas Morales De La Crisis Económico-Financiera, Mario Šilar

Mario Šilar

No abstract provided.


In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David Simon 2009 Chicago-Kent College of Law

In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David Simon

David Simon

Individuals often view copyright law as a tool authors or media conglomerates use to advance their interests. But other entities also use copyright law to benefit themselves. One such entity, upon which this Article focuses, is the religious organization. While religion organizations employ copyright law for a number of reasons, they have two primary motivations for doing so: to censor others and to preserve the purity of their religion’s doctrine. These two motivations steer religious groups into court where their objectives meet the limits of copyright law head on.

Before reaching the issues that arise in court, however, this ...


Revisiting The Bankovic V. Belgium Precedent: A Reassessment As To The Scope Of Extraterritorial Applicability Of The Echr In Light Of R (Al-Skeini) V. United Kingdom, Ray Barquero Mr. 2009 University of Edinburgh

Revisiting The Bankovic V. Belgium Precedent: A Reassessment As To The Scope Of Extraterritorial Applicability Of The Echr In Light Of R (Al-Skeini) V. United Kingdom, Ray Barquero Mr.

Ray Barquero

No abstract provided.


Risky Business: The Credit Crisis And Failure, Olufunmilayo B. Arewa 2009 University of California - Irvine

Risky Business: The Credit Crisis And Failure, Olufunmilayo B. Arewa

Olufunmilayo B. Arewa

The credit crisis represents a watershed event for global financial markets and has been linked to significant declines in real economy performance on a level of magnitude not experienced since World War II. Recognition of the crisis in 2008 has been followed in 2009 and 2010 by a plethora of competing proposals in response to the credit crisis. The result has been a cacophony of visions, voices, and approaches. The sheer noise that has ensued threatens to drown out the fundamental core questions that should be asked about the credit crisis. Among the most important are questions about the relationships ...


To Be Or Not To Be Exclusive: Statutory Construction Of The Charging Order In The Single Member Llc, Thomas E. Geu, John W. DeBruyn, Thomas E. Rutledge 2009 University of South Dakota School of Law

To Be Or Not To Be Exclusive: Statutory Construction Of The Charging Order In The Single Member Llc, Thomas E. Geu, John W. Debruyn, Thomas E. Rutledge

Thomas E. Geu

No abstract provided.


Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh 2009 Chicago-Kent College of Law

Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh

Todd Haugh

No abstract provided.


Responding To Nursing Home Abuse-Case Study Of Illinois Department Of Public Health, Department Of Professional Regulation. Us Human Rights Record Worse Than China Record, James T. Struck 2009 Dinosaurs Trees Religion and Galaxies

Responding To Nursing Home Abuse-Case Study Of Illinois Department Of Public Health, Department Of Professional Regulation. Us Human Rights Record Worse Than China Record, James T. Struck

James T Struck

Illinois takes away the right to decide and resources of people with disabilities under guardianship. Other nations and states also have guardianship with over 1.6 million people under guardianship, and 1.6 million in nursing homes. Some Illinois nursing homes deny liberties such as phone use, visitation, coming home, fresh air away from second hand smoking, consent, chemicals used, dental services, religious services, knowing where family is, museums, zoos, parks, reunions. This article addresses the regulatory response. When seeking the assistance of the Illinois Department of Public Health, Illinois Human Rights Department, and Illinois Department of Professional Regulation, requests ...


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