Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

452,135 Full-Text Articles 172,429 Authors 178,014,929 Downloads 401 Institutions

All Articles in Law

Faceted Search

452,135 full-text articles. Page 7532 of 7554.

The Path To Resilience: Integrating Critical Thinking Skills Into The Family Law Curriculum, Penny Willrich 2009 Phoenix School of Law

The Path To Resilience: Integrating Critical Thinking Skills Into The Family Law Curriculum, Penny Willrich

Penny Willrich

No abstract provided.


Fire With Fire: Heterodox Law & Economics, Karl T. Muth 2009 University of Chicago

Fire With Fire: Heterodox Law & Economics, Karl T. Muth

Karl T Muth

This Article first examines, from a historical perspective, the evolution of the law-and-economics movement. It then critically examines the application of economic principles the legal analysis, paying particular attention to how the political process has shaped the law-and-economics scholarship. Finally, it concludes that the principles of law-and-economics, while fundamentally sound, are often misapplied, too narrowly interpreted, and aggregated into a single viewpoint that is politically convenient rather than academically honest.


Otc Derivatives Trading Under The Financial Reform Bill: Is It Tough Enough?, Willa E. Gibson 2009 University of Akron School of Law

Otc Derivatives Trading Under The Financial Reform Bill: Is It Tough Enough?, Willa E. Gibson

Willa E Gibson

Both the U.S. House of Representatives and the U.S. Senate have drafted financial reform legislation prompted by the financial market failings the country experienced in 2008. Both versions provide for comprehensive regulation of the OTC derivatives products, which were used extensively by those financial institutions that lost millions of dollars from investments in mortgage securities to insure against subprime mortgage defaults. This paper discusses the efficiency of proposed Congressional legislation to regulate the Over-the-Counter (OTC) derivatives market in light of the provision in the legislation that effectively exempts customized OTC derivatives contracts from clearing requirements and exchange trading ...


Push The Envelope –Watch It Bend: Removing The Policy Requirement And Extending Crimes Against Humanity, Matt Halling 2009 International Criminal Court

Push The Envelope –Watch It Bend: Removing The Policy Requirement And Extending Crimes Against Humanity, Matt Halling

Matt Halling

This article argues for amending the Rome Statute to remove the state or organizational policy requirement from the classification of crimes against humanity. After a brief look at the requirement itself, the article presents arguments to show how the policy loophole creates an accountability loophole in international criminal law, and how removing it both resolves inconsistencies in the Rome statute and facilitates prosecutions for international crimes. The article’s final section examines and responds to leading arguments for keeping the policy requirement. The article is intended to show how the policy requirement limits international criminal law’s scope in unwelcome ...


The Corporation As Imperfect Society, Brian M. McCall 2009 University of Oklahoma

The Corporation As Imperfect Society, Brian M. Mccall

Brian M McCall

Corporations are ubiquitous in modern society. They pervade every aspect of our life, consumer, professional, investment activity. Probably, people have more contact with corporations on a daily basis than any other institution, including government. From the South Sea Bubble to the Stock market Crash of 1929 to Enron to General Motors and Countrywide Mortgage, corporate scandals and controversies invite fundamental questions about corporate law. This article attempts to bring a fresh perspective to the question: “what is a corporation and how should the law treat it?” The article articulates a corporate metaphysics rooted in political philosophy. The dominant models of ...


Sprawl In Canada And The United States, Michael E. Lewyn 2009 Florida Coastal School of Law

Sprawl In Canada And The United States, Michael E. Lewyn

Michael E Lewyn

The purpose of this paper is to ascertain (1) whether suburban sprawl is as widespread in Canadian metropolitan areas as in their American counterparts, and (2) whether Canadian government policies, and in particular Canadian municipal land use and transportation policies, encourage sprawl. The thesis concludes that sprawl is less widespread in two respects. First, Canadian central cities have not declined to the same extent as American central cities. Second, urban and suburban Canadians are less dependent on automobiles than are Americans. The thesis goes on to point out that in Canada, as in the United States, government land use and ...


A Study Of Group Dynamics In Educational Leadership Cohort And Non-Cohort Groups., Zorka Karanxha, Bobbie Greenlee 2009 University of South Florida

A Study Of Group Dynamics In Educational Leadership Cohort And Non-Cohort Groups., Zorka Karanxha, Bobbie Greenlee

Zorka Karanxha

The purpose of this study was to examine group dynamics of educational leadership students in cohorts and make comparisons with the group dynamics characteristics of non-cohort students. Cohorts have emerged as dynamic and adaptive entities with attendant group dynamic processes that shape collective learning and action. Cohort (n=42) and non-cohort (n=51) students were surveyed on group variables of participation, communication, influence, trust, cohesiveness, empowerment, collaboration, and satisfaction. Descriptive statistics and effect size analyses were used for data analysis. Significant differences were identified in trust, cohesiveness, and satisfaction. However, findings show little effect on cohort structures in the areas ...


Comparative Deterrence From Private Enforcement And Criminal Enforcement Of The U.S. Antitrust Laws, Joshua P. Davis 2009 University of San Francisco

Comparative Deterrence From Private Enforcement And Criminal Enforcement Of The U.S. Antitrust Laws, Joshua P. Davis

Joshua P. Davis

The debate over the value of private antitrust enforcement long has been heavy with self-serving assertions by powerful economic interests, but light on factual evidence. To help fill this void we have been conducting research for several years on a variety of empirical topics. This article develops and then explores the implications of a startling finding. Even those who do not deride private enforcement usually believe its only function is to compensate victims of antitrust violations by modest amounts. Significant deterrence is commonly thought to be the effect only of government enforcement, especially criminal enforcement. Our article's conclusion that ...


Before Creation, There Was The Big Bang, Jennifer E. Spreng, Javier M. Leija 2009 Arizona Summit Law School

Before Creation, There Was The Big Bang, Jennifer E. Spreng, Javier M. Leija

Jennifer E Spreng

No abstract provided.


Norwood Beveridge, A Professor For All Seasons, Daniel J. Morgan 2009 Oklahoma City University School of Law

Norwood Beveridge, A Professor For All Seasons, Daniel J. Morgan

Daniel J. Morgan

No abstract provided.


A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison 2009 University of Central Florida

A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison

Dr. C. Keith Harrison

In this article, we respond to Singer’s (2005) challenge to sport management scholars to consider race-based epistemologies in conducting certain kinds of research in the field, as we use critical race theory (CRT) as a framework to analyze the Black Coaches & Administrators (BCA) Hiring Report Card (HRC) (Harrison & Yee, 2009). The BCA HRC was created as a result of the access discrimination that has historically taken place in college sport (Brooks & Althouse, 2000; Cunningham & Sagas, 2005), which has consequently contributed to the underrepresentation of racial minorities in the head coach position in college football. The HRC places the hiring process of predominantly white institutions of higher education (PWIHE) under public scrutiny, with the ultimate goal of changing the decision-making process when these institutions hire head football coaches. This article utilizes CRT ...


Judy Morgan, Ocu's Unsung Heroine, Daniel J. Morgan 2009 Oklahoma City University School of Law

Judy Morgan, Ocu's Unsung Heroine, Daniel J. Morgan

Daniel J. Morgan

No abstract provided.


Introduction To The Iachr Report On Indigenous And Tribal Peoples’ Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton 2009 University of Oklahoma College of Law

Introduction To The Iachr Report On Indigenous And Tribal Peoples’ Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton

Taiawagi Helton

No abstract provided.


National Report: The Law Of Surrogate Motherhood In The United States, carla spivack 2009 Oklahoma City University

National Report: The Law Of Surrogate Motherhood In The United States, Carla Spivack

Carla Spivack

No abstract provided.


Contracting For State Intervention, W. Mark C. Weidemaier 2009 University of North Carolina, Chapel Hill

Contracting For State Intervention, W. Mark C. Weidemaier

W. Mark C. Weidemaier

Most models of contracting behavior assume that contract terms are meant to be enforced, whether through legal or relational means. That assumption extends to dispute resolution terms like arbitration clauses. According to theory, contracting parties adopt arbitration clauses because they want to arbitrate disputes and because they believe that a counter-party who has agreed to arbitrate will keep that promise rather than incur the resulting legal or extra-legal sanction. In this article, I describe how this standard account cannot explain the origins of arbitration clauses in sovereign bond contracts. Drawing on original archival research and secondary sources, the article traces ...


The "Independent Sector": Fee-For-Service Charity And The Limits Of Autonomy, Lloyd Hitoshi Mayer 2009 Notre Dame Law School

The "Independent Sector": Fee-For-Service Charity And The Limits Of Autonomy, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

Although numerous scholars have attempted to explain and justify the benefits provided to charities, none has been completely successful. Their theories share, however, two required characteristics for charities. First, charities must be distinct from other types of entities in society, including governmental bodies, businesses, other types of nonprofit organizations, and informal entities such as families. Second, charities must provide some form of public benefit. Given these defining characteristics, the principal role for the laws governing charities is to protect charities from influences that could potentially undermine these traits. This Article is the first to recognize fully the importance of this ...


Guantanamo As Outside And Inside The U.S.: Why Is A Base A Legal Anomaly?, Ernesto A. Hernandez-Lopez 2009 Chapman Univ. School of Law

Guantanamo As Outside And Inside The U.S.: Why Is A Base A Legal Anomaly?, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

Guantanamo’s historic role in empire explains why the base remains anomalously inside and outside US jurisdiction. Produced by historic empire, the base’s legal anomaly permits for detaining over 150 men, eight years after detentions began and over a year and half after President Obama ordered detentions to end. Referring to Alejandro Colás’s definition, empire is comprised of space (i.e. territorial expansion without any limit), markets (i.e. wealth-creation through market protection), and culture (i.e. notions of cultural superiority). The Platt Amendment (1902-34) and the Insular Cases (1901-20) point to law’s role in a base ...


The Constitution And Our Debt To The Future, Rena I. Steinzor 2009 Selected Works

The Constitution And Our Debt To The Future, Rena I. Steinzor

Rena I. Steinzor

Health and safety laws have always been justified as manifestations of congressional authority to regulate and protect the free flow of interstate commerce under Article I, section 8 of the Constitution. Professor Steinzor argues that reliance on the Commerce Clause can support next generation proposals, including a National Environmental Legacy Act proposed by Professor Alyson Flournoy, which would require that any action on federal land involving the consumption or destruction of resources must be sustainable, as well as pending climate change legislation. But, Steinzor says, a far more desirable constitutional foundation for such laws is the General Welfare Clause found ...


Teaching The Tensions, Angela P. Harris 2009 University of California - Davis

Teaching The Tensions, Angela P. Harris

Angela P Harris

No abstract provided.


The Fruits Of Hope: Student Evaluations, Erin R. Karsman 2009 Duquesne University School of Law

The Fruits Of Hope: Student Evaluations, Erin R. Karsman

Erin R. Karsman

No abstract provided.


Digital Commons powered by bepress