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Enforcement, Economics And Estimates, Peter K. Yu 2010 Texas A&M University School of Law

Enforcement, Economics And Estimates, Peter K. Yu

Faculty Scholarship

This article focuses on intellectual property enforcement, a topic that is of great importance to both developed and less developed countries. It begins by refuting the simple, and often politically motivated, claim that many countries fail to provide effective intellectual property enforcement by virtue of their lack of political will. Drawing on the latest economic literature, this article shows that high enforcement standards come with a hefty price tag and difficult trade-offs.

The article then outlines the challenges in measuring the cross-border economic impact of piracy and counterfeiting. As an illustration, the article discusses the ongoing effort by the US ...


American Airpower In The 21st Century: Reconciling Strategic Imperatives With Economic Realities, Charles J. Dunlap Jr. 2010 Duke Law School

American Airpower In The 21st Century: Reconciling Strategic Imperatives With Economic Realities, Charles J. Dunlap Jr.

Faculty Scholarship

“Vexing” is certainly the right word to describe the state of resource allocation in the national security community. Despite still sizable defense budgets, serious economic constraints combine with a wide range of complicated threats to create extremely difficult choices for policy makers. To help them work through the decision-making process, Congress mandates Quadrennial Defense Reviews (QDRs). QDRs “are intended to guide the services in making resource allocation decisions when developing future budgets.” The 2010 QDR rightly insists that “America’s interests and role in the world require armed forces with unmatched capabilities.”6 Recent resource decisions, however, do not provide ...


Keeping Up With Legal Technology: Five Easy Places, Jennifer L. Behrens 2010 Duke Law School

Keeping Up With Legal Technology: Five Easy Places, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.


Expert Witnesses: The Nevada Supreme Court Clarifies Adherence To Nrs 50.275 And Judicial Discretion, Expressly Declining To Embrace The Federal Daubert Approach, Jeffrey W. Stempel 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Expert Witnesses: The Nevada Supreme Court Clarifies Adherence To Nrs 50.275 And Judicial Discretion, Expressly Declining To Embrace The Federal Daubert Approach, Jeffrey W. Stempel

Scholarly Works

No abstract provided.


Does The Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel And Unusual, Meghan J. Ryan 2010 Southern Methodist University, Dedman School of Law

Does The Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel And Unusual, Meghan J. Ryan

Faculty Scholarship

There is a great struggle in the United States between proponents of the death penalty and death penalty abolitionists who believe that the practice is cruel and even unconstitutional. Although the punishment of death is enshrined in the Fifth and Fourteenth Amendments of the Constitution, the Supreme Court seems to have followed its moral compass in chipping away at the death penalty because of the cruelty of the practice. The Court's struggle between the text of the Constitution and its moral inclinations in the death penalty context has resulted in an inconsistent and confusing Eighth Amendment Punishments Clause jurisprudence ...


Consuming Obsessions: Housing, Homicide, And Mass Incarceration Since 1950, Jonathan Simon 2010 Berkeley Law

Consuming Obsessions: Housing, Homicide, And Mass Incarceration Since 1950, Jonathan Simon

Faculty Scholarship

No abstract provided.


Shareholder Democracy And The Curious Turn Toward Board Primacy, Grant M. Hayden, Matthew T. Bodie 2010 Southern Methodist University, Dedman School of Law

Shareholder Democracy And The Curious Turn Toward Board Primacy, Grant M. Hayden, Matthew T. Bodie

Faculty Scholarship

Corporate law is consumed with a debate over shareholder democracy. The conventional wisdom counsels that shareholders should have more voice in corporate governance, in order to reduce agency costs and provide democratic legitimacy. A second set of theorists, described as “board primacists,” advocates against greater shareholder democracy and in favor of increased board discretion. These theorists argue that shareholders need to delegate their authority in order to provide the board with the proper authority to manage the enterprise and avoid short-term decision making.

In the last few years, the classical economic underpinnings of corporate law have been destabilized by a ...


Abstention: The Unexpected Power Of Withholding Your Vote, Grant M. Hayden 2010 Southern Methodist University, Dedman School of Law

Abstention: The Unexpected Power Of Withholding Your Vote, Grant M. Hayden

Faculty Scholarship

This Article examines the effect of abstentions on the outcome of votes. Scholars (and voters) operate under two basic assumptions about the nature of abstention. First, they assume that an abstention affects all alternatives in equal measure. Second, and relatedly, people assume that a voter’s preferred alternative will be less likely to win if that voter abstains (and, of course, more likely to win if she votes). Removing the potential full support of a vote and replacing it with the fifty-fifty proposition of an abstention should hurt the chances of a voter’s preferred alternative. These two assumptions guide ...


Responsible Sovereign Lending And Borrowing, Mitu Gulati, Lee C. Buchheit 2010 Duke Law School

Responsible Sovereign Lending And Borrowing, Mitu Gulati, Lee C. Buchheit

Faculty Scholarship

There are three reasons for attempting to reach a common understanding of the responsibilities of sovereign borrowers and their lenders. First, the flow of capital to sovereign debtors is exceptionally important to the world economy. Industrialized countries rely on it to finance their budget deficits, these days to a breathtaking extent. Developing countries need it to develop. Misbehaviour, either by the sovereign debtors or by the creditors, destabilizes this key component of the international financial system, making credit less available and more costly.

Second, sovereign finance is uniquely unforgiving of mistakes. Unlike corporate or personal debtors, sovereigns do not have ...


A Foundational Proposal For Making The Durham Statement Real, Wayne V. Miller 2010 Duke Law School

A Foundational Proposal For Making The Durham Statement Real, Wayne V. Miller

Faculty Scholarship

This outline is an attempt to synthesize the issues surrounding the ambitious project of the Durham Statement on Open Access to Legal Scholarship into a coherent, though still quite preliminary solution. At the heart is the conviction that the problems of digital publishing are best solved by a stable and open organization of and by the stakeholders.


Facing The Debt Challenge Of Countries That Are Too Big To Fail, Steven L. Schwarcz 2010 Duke Law School

Facing The Debt Challenge Of Countries That Are Too Big To Fail, Steven L. Schwarcz

Faculty Scholarship

The recent financial woes of Greece and other nations are reinvigorating the debate over whether to bail out defaulting countries or, instead, restructure their debt. Bailouts are expensive, in the case of Greece costing potentially hundreds of billions of euros. But a bailout was virtually inevitable because a default on Greek debt was believed to have the potential to bring down the world financial system. This is a growing problem: as finance becomes more intertwined, the potential for a countrys debt default to trigger a larger systemic collapse becomes even more tightly linked. This reveals a phenomenon viewed until recently ...


Mapping The American Shareholder Litigation Experience: A Survey Of Empirical Studies Of The Enforcement Of The U.S. Securities Law, James D. Cox, Randall S. Thomas 2010 Duke Law School

Mapping The American Shareholder Litigation Experience: A Survey Of Empirical Studies Of The Enforcement Of The U.S. Securities Law, James D. Cox, Randall S. Thomas

Faculty Scholarship

In this paper, we provide an overview of the most significant empirical research that has been conducted in recent years on the public and private enforcement of the federal securities laws. The existing studies of the U.S. enforcement system provide a rich tapestry for assessing the value of enforcement, both private and public, as well as market penalties for fraudulent financial reporting practices. The relevance of the U.S. experience is made broader by the introduction through the PSLRA in late 1995 of new procedures for the conduct of private suits and the numerous efforts to evaluate the effects ...


Does Lawfare Need An Apologia?, Charles J. Dunlap Jr. 2010 Duke Law School

Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.

Faculty Scholarship

Few concepts in international law are more controversial than lawfare. This essay contends that lawfare is best appreciated in the context of its original meaning as ideologically neutral description of how law might be used in armed conflict. It emphasizes that although law may be manipulated by some belligerents for nefarious purposes, it can still serve to limit human suffering in war. In discussing the current state of the concept of lawfare, the essay reviews several contentious areas, and recognizes the concerns of critics. The paper concludes that lawfare is still a useful term, and is optimized when it is ...


Selected Criminal-Law Cases In The United States Supreme Court In The 2009-2010 Term, And A Look Ahead, Charles D. Weisselberg 2010 Berkeley Law

Selected Criminal-Law Cases In The United States Supreme Court In The 2009-2010 Term, And A Look Ahead, Charles D. Weisselberg

Faculty Scholarship

Issues that are hot one Term are sometimes cold the next. In contrast with the 2008 Term - when the Court took on automobile searches, the scope of the Fourth Amendment exclusionary rule, and the Confrontation Clause - the big cases of 2009-2010 addressed different issues. This past year will be remembered for decisions on the right to counsel for immigrant defendants, the Eighth Amendment and juveniles, the application to the states of the Second Amendment right to keep and bear arms, and key decisions on jury-trial rights. While the 2008 Term gave us Montejo v. Louisiana - an important holding on the ...


Leverhulme Lecture: The Global Financial Crisis And Systemic Risk, Steven L. Schwarcz 2010 Duke Law School

Leverhulme Lecture: The Global Financial Crisis And Systemic Risk, Steven L. Schwarcz

Faculty Scholarship

Lecture given November 9, 2010, is the first of three delivered by Prof. Schwarcz as Leverhulme Visiting Professor of Law, Oxford University. Prof. Schwarz examines the causes of the global financial crisis, showing it was triggered by market failures, not by financial institution failures, and arguing that any regulatory framework for managing systemic risk must address markets as well as institutions. The lecture also analyzes how regulation should be designed under that broader framework to mitigate systemic risk and its consequences. Finally, the lecture examines the potential systemic effects of sovereign debt crises, demonstrating how regulation can mitigate those effects.


Professionals Or Politicians: The Uncertain Empirical Case For An Elected Rather Than Appointed Judiciary, Mitu Gulati, Stephen J. Choi, Eric A. Posner 2010 Duke Law School

Professionals Or Politicians: The Uncertain Empirical Case For An Elected Rather Than Appointed Judiciary, Mitu Gulati, Stephen J. Choi, Eric A. Posner

Faculty Scholarship

Conventional wisdom holds that appointed judges are superior to elected judges because appointed judges are less vulnerable to political pressure. However, there is little empirical evidence for this view. Using a data set of state high court opinions,we construct measures for three aspects of judicial performance: effort, skill, and independence. The measures permit a test of the relationship between performance and the four primary methods of state high court judge selection: partisan election, non-partisan election, merit plan, and appointment. Appointed judges write higher quality opinions than elected judges do, but elected judges write more opinions, and the evidence suggests ...


Short Order Rule Of Law: A Role For The Short-Term Consultant, Stephen A. Rosenbaum 2010 Berkeley Law

Short Order Rule Of Law: A Role For The Short-Term Consultant, Stephen A. Rosenbaum

Faculty Scholarship

No abstract provided.


How To Restructure Greek Debt, Mitu Gulati, Lee C. Buchheit 2010 Duke Law School

How To Restructure Greek Debt, Mitu Gulati, Lee C. Buchheit

Faculty Scholarship

Plan A for addressing the Greek debt crisis has taken the form of a €110 billion financial support package for Greece announced by the European Union and the International Monetary Fund on May 2, 2010. A significant part of that €110 billion, if and when it is disbursed, will be used to repay maturing Greek debt obligations, in full and on time. The success of Plan A is not inevitable; among other things, it will require the Greeks to accept - and to stick to - a harsh fiscal adjustment program for several years. If Plan A does not prosper, what are ...


The Right To Remain Silent, Charles Weisselberg, Stephanos Bibas 2010 Berkeley Law

The Right To Remain Silent, Charles Weisselberg, Stephanos Bibas

Faculty Scholarship

No abstract provided.


Spatial Inequality As Constitutional Infirmity: Equal Protection, Child Poverty And Place, Lisa R. Pruitt 2010 University of California, Davis School of Law

Spatial Inequality As Constitutional Infirmity: Equal Protection, Child Poverty And Place, Lisa R. Pruitt

Montana Law Review

Spatial Inequality as Constitutional Infirmity


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