Digital Commons Network^™

Improving Water Governance Through Increased Public Access To Information And Participation, Karin M. Krchnak

Sustainable Development Law & Policy

No abstract provided.

Paradigms Of Positive Change: Reordering The Nation's Land Use System, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article begins with a brief look at the system’s familiar dysfunctions, continues with a lengthier examination of positive examples of reform, emphasizes the importance of coalition building in the reform process, and ends with the observation that reform efforts should be organized by the task of creating essential connections among the governments involved.

Resistances To Reforming Corporate Governance: The Diffusion Of Qlccs, Robert Eli Rosen

Fordham Law Review

No abstract provided.

Human Rights Investigation And Dialogue, Bronwyn Leebaw

Human Rights & Human Welfare

A review of:

Shattered Voices: Language, Violence, and the Work of Truth Commissions by Teresa Godwin Phelps. Philadelphia, PA: University of Pennsylvania Press, 2004. 180pp.

and

International Citizens’ Tribunals: Mobilizing Public Opinion to Advance Human Rights by Arthur Jay Klinghofer and Judith Apter Klinghofer. New York, NY: Palgrave, 2002. 272pp.

11/9-9/11: The Brave New World Order: Peace Through Law - Beyond Power Politics Or Peace Through Empire - Rationale Strategy And Reasonable Policy, Harvey Rishikof, Patrick Bratton

Villanova Law Review (1956 - )

No abstract provided.

Resistances To Reforming Corporate Governance: The Diffusion Of Qlccs, Robert Eli Rosen

Articles

No abstract provided.

Going-Private Decisions And The Sarbanes-Oxley Act Of 2002: A Cross-Country Analysis, Ehud Kamar, Pinar Karaca-Mandic, Eric L. Talley

Faculty Scholarship

This article investigates whether the passage and the implementation of the Sarbanes-Oxley Act of 2002 (SOX) drove firms out of the public capital market. To control for other factors affecting exit decisions, we examine the post-SOX change in the propensity of public American targets to be bought by private acquirers rather than public ones with the corresponding change for foreign targets, which were outside the purview of SOX. Our findings are consistent with the hypothesis that SOX induced small firms to exit the public capital market during the year following its enactment. In contrast, SOX appears to have had little …

Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng

Articles by Maurer Faculty

Much of the current literature in multicultural lawyering focuses on learning substantive information about clients who are culturally different from the lawyer, such as how the client's culture perceives eye contact or reacts to science-based world views. This article notes that such a focus sidesteps the human reality that every person reacts to people who are different from him- or herself unconsciously in ways that may be culturally insensitive and discriminatory and that this human reaction occurs despite awareness of the general values, attitudes, and beliefs of the client's culture. It therefore suggests that multicultural lawyering training should begin with …

Glass Ceiling Employment And Racial Discrimination In Hiring For The Head Coaching Position In The National Football League, Erin Scanga

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Rise And Decline Of Structural Remedies, Russell L. Weaver

San Diego Law Review

One of the most significant remedial developments during the twentieth century was the rise and (partial) decline of the structural injunction in which courts, usually federal courts, restructure or reshape legislative or administrative agencies such as schools or prisons. Structural remedies appear to be inconsistent with the judicial function conceptually. Despite this concern, federal courts have entered structural relief in an extraordinary array of cases that have dramatically reshaped society. This Article examines the structural remedy and offers some reflections on its appropriate use.

2004 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti

A State's Power To Enter Into A Consent Decree That Violates State Law Provisions: What "Findings" Of A Federal Violation Are Sufficient To Justify A Consent Decree That Trumps State Law?, David W. Swift

ExpressO

In the last forty years federal courts have played a prominent role in reshaping our public institutions. And while some scholars question the efficacy of these structural injuctions, the authority of federal courts to order such relief is generally unquestioned. What is open to debate, however, is whether state officials can agree to a remedy they would not have had the authority to order themselves; and if so, to what extent must an underlying constitutional violation be proved so as to justify the remedy?

This article discusses the competing theories and concludes that a remedy that violates state law may …

The Normalization Of Homeland Security After September 11: The Role Of The Military In Counterterrorism Preparedness And Response, William C. Banks

Louisiana Law Review

No abstract provided.

Three Years Under The Pipeda: A Disappointing Beginning, Christopher Berzins

Canadian Journal of Law and Technology

As of January 1, 2004, after a three-year phase-in period, the Personal Information Protection and Electronic Documents Act (PIPEDA) came fully into force. Although considerable uncertainty currently prevails due to unanticipated events such as the resignation and replacement of Commissioner George Radwanski and the late constitutional challenge by Quebec, there is now sufficient experience with the legislation to begin to assess how the PIPEDA is working. It is also a timely juncture to do so with the extension of the legislation to the provincially regulated private sector.

The No Child Left Behind Act And Its Influence On Current And Future District Leaders, George J. Peterson, Michelle D. Young

The Journal of Law and Education

No abstract provided.

Market Efficiency And Rationality: The Peculiar Case Of Baseball, Richard H. Thaler, Cass R. Sunstein

Michigan Law Review

In this lively book, Michael Lewis explores a topic that would seem of interest only to sports fans: how Billy Beane, the charismatic general manager of the Oakland Athletics, turned his baseball team around using, of all things, statistics. What next - an inspirational tale about superior database management? But there are some general lessons in Lewis's book that make it worth the attention of people who do not know the difference between a slider and a screwball (a group that, unfortunately, includes many lawyers and law professors). Those lessons have to do, above all, with the limits of human …

Hierarchies, Specialization, And The Utilization Of Knowledge: Theory And Evidence From The Legal Services Industry, Thomas N. Hubbard, Luis Garicano

Coase-Sandor Institute for Law & Economics Research Paper Series

What role do hierarchies play with respect to the organization of production and what determines their structure? We develop an equilibrium model of hierarchical organization, then provide empirical evidence using confidential data on thousands of law offices from the 1992 Census of Services. The driving force in the model is increasing returns in the utilization of acquired knowledge. We show how the equilibrium assignment of individuals to hierarchical positions varies with the degree to which their human capital is field-specialized, then show how this equilibrium changes with the extent of the market. We find empirical evidence consistent with a central …

Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor

Michigan Journal of International Law

Why do domestic legal institutions matter, and why can trading parties-in particular exporters of complex goods-not easily opt-out of their domestic legal institutions? The authors argue that domestic institutions remain important even in a globalized world, because they are the final option for enforcing a claim against a party in the event of a breach of contract. International contracts take place in the shadow of the parties' home institutions. Unless parties can negotiate a settlement, or the losing party voluntarily complies with a foreign court or arbitration ruling, the winning party must seek enforcement against the assets of the losing …

Who Bears The Costs Of A Lawyer's Mistakes? -- Against Limited Liability, Martin Mcwilliams

Faculty Publications

No abstract provided.

Market Efficiency And Rationality: The Peculiar Case Of Baseball 2004 Survey Of Books Relating To The Law, Cass R. Sunstein, Richard H. Thaler

Articles

No abstract provided.

The Messenger Model: Don't Ask, Don't Tell?, Jeffrey L. Harrison

UF Law Faculty Publications

This article makes the case that the messenger model is either tacitly or inadvertently a "don't ask, don't tell" policy when it comes to competitor cooperation. In addition, this article presents an economic framework that explains how such a policy may benefit health care consumers. Finally, it is suggested that the "don't ask, don't tell" policy has created an area of per se legality that precludes an examination designed to distinguish consumer-benefiting practices from those that provide no benefit.

Use, Liability, And The Structure Of Trademark Law, Uli Widmaier

Hofstra Law Review

No abstract provided.

Dan Leatham, Robert E. Steele, Tim Slocum, Harold W. Johnson, And W. Fred Hurst V. Utah Department Of Corrections And The Career Service Review Board Of The State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANTS/PETITIONERS DAN LEATHAM, ROBERT E. STEELE, TIM SLOCUM, HAROLD W. JOHNSON AND W. FRED HURST

Community Policing And Youth As Assets, James Jr. Forman

Journal of Criminal Law and Criminology

No abstract provided.

Cold War Triumph - Taiwan Democratized In Spite Of U.S. Efforts, Jim W. Ko

Case Western Reserve Journal of International Law

No abstract provided.

Rights In The Shadow Of Class: Poverty, Welfare, And The Law, Frank W. Munger

Articles & Chapters

No abstract provided.

Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor

Faculty Scholarship

Globalization and increasing international flows of goods and capital have created a sense that the importance of individual nation states and the public goods they provide, including law and law enforcement institutions, is in decline. Opting out of domestic legal institutions and into those of a third country or into an "international" architecture have been elevated to important complements, if not substitutes for "good" institutions at home. If traders and investors could indeed effectively opt-out of their home jurisdiction's legal systems, we should observe empirically that the quality of domestic institutions has little impact on international patterns of trade flows. …

Globalizing Corporate Governance: Convergence Of Form Or Function, Ronald J. Gilson

Faculty Scholarship

Globalization has led to a remarkable resurgence in the study of comparative corporate governance. This area of scholarship had been largely the domain of taxonomists, intent on cataloguing the central characteristics of national corporate governance systems, and then classifying different systems based on the specified attributes. The result was an interesting, if perhaps somewhat dry, enterprise. We learned that national corporate governance systems differed dramatically along a number of seemingly important dimensions. Some corporate governance systems, notably those of the United States and other Anglo-Saxon countries, are built on the foundation of a stock market-centered capital market. Other systems, like …

Destabilization Rights: How Public Law Litigation Succeeds, Charles F. Sabel, William H. Simon

Faculty Scholarship

"Public law litigation" – civil rights advocacy seeking to restructure public agencies - has changed course over the last three decades. It has moved away from remedial intervention modeled on command-and-control bureaucracy toward a kind of intervention that can be called "experimentalist." Instead of top-down, fixed-rule regimes, the experimentalist approach emphasizes ongoing stakeholder negotiation, continuously revised performance measures, and transparency. Experimentalism is evident in all the principal areas of public law intervention – schools, mental health institutions, prisons, police, and public housing. This development has been substantially unanticipated and unnoticed by both advocates and critics of public law litigation. In …

Targeting Workplace Harassment In Quebec: On Exporting A New Legislative Agenda, Debra Parkes

All Faculty Publications

For over twenty-five years, Canadian law has prohibited sexual harassment and other forms of discriminatory harassment (meaning harassment that relates to the target's race, disability, sexual orientation, or other similar characteristic). Recent amendments to the Quebec Labour Standards Act aim to fill a gap in the law that currently provides a remedy (under human rights legislation) for discriminatory harassment, but not for harassment that is not obviously linked to the target's membership in a protected class such as that based on race, sex, religion, disability or sexual orientation. This paper takes a preliminary look at this new legislative initiative. It …