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How Lawyers (Come To See) The World.Pdf, Randy D. Gordon Dec 2009

How Lawyers (Come To See) The World.Pdf, Randy D. Gordon

Randy D. Gordon

Even if one believes that law is not an autonomous discipline, few would dispute that it is a conservative institution and that its members are trained via a pedagogical method quite different from that of other professions. A central aspect of this training is the case method and — thus — the specialized narrative form that appellate opinions take. This essay examines the case method and suggests ways to crack it open — without discarding it — and thereby achieve one of the goals set forth in the Carnegie Report: namely, to supplement the analytical, rule-based mode of reasoning inherent …


“El Derecho De La Ue Relativo A Los Organismos Modificados Genéticamente: La Comisión Europea Cambia De Estrategia Para Permitir, Restringir O Prohibir Su Cultivo”, Luis González Vaqué Dec 2009

“El Derecho De La Ue Relativo A Los Organismos Modificados Genéticamente: La Comisión Europea Cambia De Estrategia Para Permitir, Restringir O Prohibir Su Cultivo”, Luis González Vaqué

Luis González Vaqué

No abstract provided.


Free And Compulsory Education: A Social Revolution, Ranganath Vadapalli Vg. Dec 2009

Free And Compulsory Education: A Social Revolution, Ranganath Vadapalli Vg.

Dr. V.G.Ranganath

“The Roots of Violence: Wealth without work, Pleasure without conscience, Knowledge without character, Commerce without morality, Science without humanity, Worship without sacrifice, Politics without principles”-Mahatma Gandhi “Politics without principles, Education without character, Science without humanity, and Commerce without morality are not only useless, but also positively dangerous.” Sri Sathya Sai Baba “Children of India are our future”-Hon’ble Prime Minister Manmohan Singh


The Politics And Psychology Of Gasoline Taxes: An Empirical Study, Shi-Ling Hsu Dec 2009

The Politics And Psychology Of Gasoline Taxes: An Empirical Study, Shi-Ling Hsu

Shi-Ling Hsu

No abstract provided.


Why Do Businesses Use (Or Not Use) Arbitration Clauses?, Christopher R. Drahozal, Stephen J. Ware Dec 2009

Why Do Businesses Use (Or Not Use) Arbitration Clauses?, Christopher R. Drahozal, Stephen J. Ware

Stephen Ware

Some recent scholarship contends that arbitration is failing in its attempts to compete with litigation. When arbitration does succeed in attracting customers, such as businesses including arbitration clauses in their consumer contracts, commentators assert that it does so illegitimately, such as by enabling businesses to evade class actions and other forms of aggregate relief. Both of these positions find support in a pair of recent empirical studies authored by Theodore Eisenberg and Geoffrey Miller (and, for one of the studies, by Emily Sherwin as well). The first study examined the use of arbitration clauses in a sample of material contracts …


The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman Dec 2009

The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman

Deborah M. Weissman

The Cuban revolution has been described as “the longest running social experiment” in history, and one not well-received in the United States. The U.S. government responded to the revolution first with suspicion, and then hostility. Even while the current administration has acknowledged the failure of U.S. policy, few substantive changes have been announced and the narrative of Cuba in the United States continues to dwell almost exclusively on political repression and economic failure. The Cuban revolution, however, is a complex process, one that defies facile explanations. This article subscribes to the perspective offered by social scientists who urge “a more …


C.V., Jonathan A. Marcantel Dec 2009

C.V., Jonathan A. Marcantel

Jonathan A. Marcantel

No abstract provided.


¿Control Obligatorio Para Todos Los Tratados Internacionales? Crítica A Una Propuesta Inconveniente, Sergio Verdugo Sverdugor@Udd.Cl Dec 2009

¿Control Obligatorio Para Todos Los Tratados Internacionales? Crítica A Una Propuesta Inconveniente, Sergio Verdugo Sverdugor@Udd.Cl

Sergio Verdugo R.

No abstract provided.


Normative Dynamics Of Competition Laws, Piyabutr Bunaramrueang Dec 2009

Normative Dynamics Of Competition Laws, Piyabutr Bunaramrueang

piyabutr bunaramrueang

This article aims at providing a review on normative dynamics of competition laws. Although legal norms seem to be very stable, those norms governing economic activities are changing relatively fast. It is therefore an attempt to illustrate dynamic quality of laws by using competition laws as a major example of laws governing economic activities. I would like to discuss mainly over U.S. antitrust laws as the major model of competition laws, perhaps, for all other countries pursuing economic growth of free market. The dynamic quality of U.S. antitrust laws is essentially derived from its legal tradition that invites legal reasoning …


Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte Dec 2009

Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte

Prof. Ryan T. Holte

Ryan T. Holte in “Restricting Fair Use to Save the News: A Proposed Change in Copyright Law to Bring More Profit to News Reporting” examines the present condition of the media and the economic and public policies behind protecting news. He further discusses current means of protecting information through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from news reporting.


Panel V Introductory Remarks: New Challenges - Arctic Marine Environment And Biodiversity, David D. Caron Dec 2009

Panel V Introductory Remarks: New Challenges - Arctic Marine Environment And Biodiversity, David D. Caron

David D. Caron

No abstract provided.


Human Rights, Anti-Discrimination And Social Security Benefits: Recent Uk Case Law, Mel Cousins Dec 2009

Human Rights, Anti-Discrimination And Social Security Benefits: Recent Uk Case Law, Mel Cousins

Mel Cousins

Since the adoption of the Human Rights Act 1998, challenges to UK social security law on the basis of the European Convention on Human Rights have become common - especially under the anti-discrimination provisions of Article 14. However, few of these challenges have been successful and, in general, the English courts have shown a poor understanding of the principles of human rights law. The recent decisions of the European Court of Human Rights in Stec (2005) 41 EHRR SE 295 and the House of Lords in RJM (2008) UKHL 63 have clarified important issues including the material scope of the …


In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski Dec 2009

In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski

Aaron K. Perzanowski

In this Response to Professor Fagundes’s Property Rhetoric and the Public Domain, Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of private property. Perzanowski concludes that the simple intuitive appeal of Blackstonian property cautions against styling the struggle for balanced copyright and patent policy as a debate over competing property interests.


Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson Dec 2009

Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.


Panama And The Specter Of Climate Change, Ruth Gordon Dec 2009

Panama And The Specter Of Climate Change, Ruth Gordon

Ruth Gordon

No abstract provided.