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Articles 1 - 30 of 117
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Theorizing Transnational Law - Observations On A Birthday, Susanne Baer
Theorizing Transnational Law - Observations On A Birthday, Susanne Baer
Articles
There are many ways to theorize transnational law. As always, there is a mainstream, and there are “sidestreams.” However, it may be more interesting to consider from which direction such theories develop. Here, in appreciation of what the German Law Journal did to transnational legal conversations, I suggest to consider three directions in transnational legal studies: (1) theorizing from above; (2) theorizing from below; and (3) theorizing from inside. As you will see, much of the theories are in the German Law Journal (GLJ).
Punitive Decisionmaking, William H. Rodgers
Constitutional Flaw?, Carl E. Schneider
Constitutional Flaw?, Carl E. Schneider
Articles
Do terminally ill patients have a constitutional right "to decide, without FDA interference, whether to assume the risks of using potentially life-saving investigational drugs that the FDA has yet to approve for commercial marketing, but that the FDA has determined, after Phase I clinical human trials, are safe enough for further testing"? In Abigail Alliance for Better Access to Developmental Drugs v. McClellan, the United States District Court for the District of Columbia said "no." In Abigail Alliance for Better Access to Developmental Drugs v. von Eschenbach, a panel (three judges) of the United States Court of Appeals …
Land Virtues, Eduardo Peñalver
Land Virtues, Eduardo Peñalver
Articles
This Article has two goals. First, I explore some of the descriptive and normative limitations of certain law-and-economics discussions of the ownership and use of land. These market-centered approaches struggle in different ways with features of land that distinguish it from other "commodities." The complexity of land-its intrinsic complexity, but even more importantly the complex ways in which human beings interact with it-undermines the positive claim that owners will focus on a single value, such as market value, in making decisions about their land. Adding to the equation land's "memory," by which I mean the combined impact of the durability …
Foreseeability And Copyright Incentives, Shyam Balganesh
Foreseeability And Copyright Incentives, Shyam Balganesh
Articles
Copyright law's principal justification today is the economic theory of creator incentives. Central to this theory is the recognition that while copyright's exclusive rights framework provides creators with an economic incentive to create, it also entails large social costs, and that creators therefore need to be given just enough incentive to create in order to balance the system's benefits against its costs. Yet, none of copyright's current doctrines enable courts to circumscribe a creator's entitlement by reference to limitations inherent in the very idea of incentives. While the common law too relies on providing actors with incentives to behave in …
Jurisdictions And Causes Of Action In Bullying, Stress And Harassment Cases Part 1, Niall Neligan
Jurisdictions And Causes Of Action In Bullying, Stress And Harassment Cases Part 1, Niall Neligan
Articles
This is the first of a two part article in which the author will critically evaluate the different causes of action and myriad of jurisdictions for bringing a claim in the inter-related fields of bullying, stress and harassment in the workplace from a commercial law perspective. The author will define and trace the separate headings under which the law governing bullying, stress and harassment has evolved. In the second part of the article (which will
appear in the next edition of the journal), the author will examine recent developments in tortious claims for psychiatric injuries arising from bullying, stress and …
Study On Online Hotel Reservation Systems, Frank Alleweldt, Klaus Tonner, Marc Mcdonald
Study On Online Hotel Reservation Systems, Frank Alleweldt, Klaus Tonner, Marc Mcdonald
Articles
This study, conducted by Civic Consulting, looks at both pre-contractual and contractual matters concerning online hotel reservation systems, examines relevant Community rules, identifies gaps and, where needed, discusses possible policy options. Key conclusions The study shows that the impact of Community law on online hotel
Canonizing The Civil Rights Revolution: The People And The Poll Tax, Bruce Ackerman, Jennifer Nou
Canonizing The Civil Rights Revolution: The People And The Poll Tax, Bruce Ackerman, Jennifer Nou
Articles
No abstract provided.
The Supremacy Of Ec Law In Ireland, Elaine Fahey
Beyond The Prisoners' Dilemma: Coordination, Game Theory, And Law, Richard H. Mcadams
Beyond The Prisoners' Dilemma: Coordination, Game Theory, And Law, Richard H. Mcadams
Articles
No abstract provided.
Reputation, Information And The Organization Of The Judiciary, Tom Ginsburg, Nuno Garoupa
Reputation, Information And The Organization Of The Judiciary, Tom Ginsburg, Nuno Garoupa
Articles
No abstract provided.
What The Law Should (And Should Not) Learn From Child Development Research, Emily Buss
What The Law Should (And Should Not) Learn From Child Development Research, Emily Buss
Articles
No abstract provided.
A Global Architecture For Medical Counter-Measure Preparedness Against Bioviolence, Zachary D. Clopton, Barry Kellman
A Global Architecture For Medical Counter-Measure Preparedness Against Bioviolence, Zachary D. Clopton, Barry Kellman
Articles
No abstract provided.
The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein
The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein
Articles
This Article plays off the title of Thomas Grey's well-known article, The Disintegration of Property, which argued in part that the ceaseless consensual fragmentation and recombination of property rights revealed some inner incoherence of the underlying private property institutions. I take the opposite position and treat this supposed disintegration of private property as evidence of its robust nature, not only for land but for all forms of intellectual property. Low transaction costs facilitate the creation of efficient regimes of property rights. I use this framework to critique modern intellectual property rights cases that limit the use of injunctive relief in …
From Blackstone To Holmes: The Revolt Against Natural Law Historic Proponents And The Critics Of Higher Law, Albert Alschuler
From Blackstone To Holmes: The Revolt Against Natural Law Historic Proponents And The Critics Of Higher Law, Albert Alschuler
Articles
No abstract provided.
Climate Change And Discounting The Future: A Guide For The Perplexed, David A. Weisbach, Cass R. Sunstein
Climate Change And Discounting The Future: A Guide For The Perplexed, David A. Weisbach, Cass R. Sunstein
Articles
No abstract provided.
Wonder Of It All, Gerald Rosenberg
Romancing The Court, Gerald Rosenberg
Two Ways To Think About The Punishment Of Corporations, Albert W. Alschuler
Two Ways To Think About The Punishment Of Corporations, Albert W. Alschuler
Articles
No abstract provided.
Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, Gerald Rosenberg
Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, Gerald Rosenberg
Articles
No abstract provided.
Two Visions Of Corporate Law, M. Todd Henderson
Rethinking The Connection Between Developmental Science And Juvenile Justice, Emily Buss
Rethinking The Connection Between Developmental Science And Juvenile Justice, Emily Buss
Articles
No abstract provided.
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
Articles
No abstract provided.
The Treaty Of Lisbon And The Reformed Jurisdictional Powers Of The European Court Of Justice In The Field Of Justice And Home Affairs., Stephen Carruthers
The Treaty Of Lisbon And The Reformed Jurisdictional Powers Of The European Court Of Justice In The Field Of Justice And Home Affairs., Stephen Carruthers
Articles
This Article analyses the jurisdictional powers of the Court of Justice of the European Union (CJEU) in respect of Justice and Home Affairs (JHA) measures both under pre-Lisbon Title VI TEU and post-Lisbon under Title V of Part Three TFEU. In Part one, it assesses the deficiencies of the pre-Lisbon system. In particular it analyses the negative consequences for legitimacy arising from the restrictions on justiciability in respect of pre-Lisbon JHA measures in light of case law of the CJEU and the European Court of Human Rights. In Part two, it outlines the genesis and substance of the reforms in …
Differential Compensation And The "Race To The Bottom" In Consumer Insurance Markets, Daniel Schwarcz
Differential Compensation And The "Race To The Bottom" In Consumer Insurance Markets, Daniel Schwarcz
Articles
No abstract provided.
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth Okediji
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth Okediji
Articles
The WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (WIPO Internet Treaties) recite a need for a digital copyright framework to facilitate 'adequate solutions to questions raised by new economic, social, cultural and technological developments.' It can hardly be contested that the social and cultural developments to which the Treaties refer do not derive from the cultural or economic conditions (much less technological developments) of the developing and least-developed countries. Consistent with their predecessors, the WIPO Internet Treaties marginalize collaborative forms of creative engagement with which citizens in the global South have long identified and continue in the …
A Missed Opportunity: Minnesota's Failed Experiment With Choice-Based Integration, Margaret Hobday, Geneva Finn, Myron Orfield
A Missed Opportunity: Minnesota's Failed Experiment With Choice-Based Integration, Margaret Hobday, Geneva Finn, Myron Orfield
Articles
No abstract provided.
Empirical Legal Studies Before 1940: A Bibliographic Essay, Herbert M. Kritzer
Empirical Legal Studies Before 1940: A Bibliographic Essay, Herbert M. Kritzer
Articles
The modern empirical legal studies movement has well-known antecedents in the law and society and law and economics traditions of the latter half of the 20th century. Less well known is the body of empirical research on legal phenomena from the period prior to World War II. This paper is an extensive bibliographic essay that surveys the English language empirical legal research from approximately 1940 and earlier. The essay is arranged around the themes in the research: criminal justice, civil justice (general studies of civil litigation, auto accident litigation and compensation, divorce, small claims, jurisdiction and procedure, civil juries), debt …
Carbon Capture And Sequestration: Identifying And Managing Risks, Alexandra B. Klass, Elizabeth J. Wilson
Carbon Capture And Sequestration: Identifying And Managing Risks, Alexandra B. Klass, Elizabeth J. Wilson
Articles
Carbon capture and geologic sequestration (CCS) technology promises to provide deep emissions cuts, particularly from coal power generation, but deploying CCS creates risks of its own. This article first considers the risks associated with CCS, which involves capturing CO{sub 2} emissions from industrial sources and power plants, transporting the CO{sub 2} by pipeline, and injecting it underground for permanent sequestration. The article then suggests ways in which these risks can be minimized and managed and considers more broadly when or if CCS should be deployed or whether its use should be limited or rejected in favor of other solutions.
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Articles
This Article considers the broad range of tort experiments states have undertaken in recent years as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, as states have engaged in well-publicized tort reform efforts in the products liability and personal injury areas, they have also increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, just as the Supreme Court was beginning its so-called federalism revolution of the 1990s to limit Congressional authority in the name of states' rights, …