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Three Cases/Four Tales: Commons, Capture, The Public Trust, And Property In Land, Dale Goble Jan 2004

Three Cases/Four Tales: Commons, Capture, The Public Trust, And Property In Land, Dale Goble

Articles

No abstract provided.


Teaching Ethics/Doing Justice, Anthony V. Alfieri Jan 2004

Teaching Ethics/Doing Justice, Anthony V. Alfieri

Articles

No abstract provided.


The Property Clause: As If Biodiversity Mattered, Dale Goble Jan 2004

The Property Clause: As If Biodiversity Mattered, Dale Goble

Articles

No abstract provided.


Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell Jan 2004

Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell

Articles

No abstract provided.


War Fever, Geoffrey R. Stone Jan 2004

War Fever, Geoffrey R. Stone

Articles

No abstract provided.


Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona Jan 2004

Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona

Articles

No abstract provided.


Deliberative Democracy: An Empirical Note, Richard A. Posner Jan 2004

Deliberative Democracy: An Empirical Note, Richard A. Posner

Articles

No abstract provided.


Contracting Communities, Lee Anne Fennell Jan 2004

Contracting Communities, Lee Anne Fennell

Articles

Private residential developments governed by homeowners associations have rapidly proliferated in recent decades. The servitudes that form the backbone of these private developments are usually viewed as autonomy- and value-enhancing private contractual arrangements that are presumptively valid. Unfortunately, the appealing contractual justification for private land use regimes seems to have shut down many of the usual paths of inquiry into the ability of the resulting arrangements to deliver on consumer preferences. In this article, Professor Fennell seeks to bring the theory surrounding these developments up to speed by focusing on factors that can drive a wedge between homeowner preferences and …


Marriage Licenses, Mary Anne Case Jan 2004

Marriage Licenses, Mary Anne Case

Articles

No abstract provided.


The Constitutional Protection Of Trade Secrets Under The Takings Clause, Richard A. Epstein Jan 2004

The Constitutional Protection Of Trade Secrets Under The Takings Clause, Richard A. Epstein

Articles

No abstract provided.


Note, Underenfranchisement: Black Voters And The Presidential Nomination Process, Justin Driver Jan 2004

Note, Underenfranchisement: Black Voters And The Presidential Nomination Process, Justin Driver

Articles

No abstract provided.


Common Interest Tragedies, Lee Anne Fennell Jan 2004

Common Interest Tragedies, Lee Anne Fennell

Articles

No abstract provided.


Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner Jan 2004

Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner

Articles

No abstract provided.


Fair Use And Statutory Reform In The Wake Of Eldred, Richard A. Posner, William F. Patry Jan 2004

Fair Use And Statutory Reform In The Wake Of Eldred, Richard A. Posner, William F. Patry

Articles

No abstract provided.


In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein Jan 2004

In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein

Articles

The traditional forms of public health law were directed largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it affects large numbers of individuals, and this definition includes such matters as obesity and diabetes. This paper examines the historical and constitutional evolution of the public health principle as it moved from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could …


Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein Jan 2004

Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein

Articles

No abstract provided.


Skepticism And Freedom: The Intellectual Foundations Of Our Constitutional Order, Richard A. Epstein Jan 2004

Skepticism And Freedom: The Intellectual Foundations Of Our Constitutional Order, Richard A. Epstein

Articles

No abstract provided.


Small Business Case Studies: Application Of Safety & Health Management Systems, Jennifer Schneider Jan 2004

Small Business Case Studies: Application Of Safety & Health Management Systems, Jennifer Schneider

Articles

No abstract provided.


The History Of Seafood In Irish Cuisine And Culture, Máirtín Mac Con Iomaire Jan 2004

The History Of Seafood In Irish Cuisine And Culture, Máirtín Mac Con Iomaire

Articles

Fish is one of the most abundant wild foods available to a small island nation. Certain species of seafood have moved from being ‘poor man’s food’ to ‘luxury food’ over time. It may be said that the Irish do not behave as island people since we have little or no history of exploiting the sea compared to our European partners. Ireland was late developing its fishing industry and now suffers reduced EU fish quotas, the unfortunate but necessary result of decades of over-fishing on European waters. This paper investigates the historical role seafood has played in Irish cuisine and culture …


Constitutive Commitments And Roosevelt's Second Bill Of Rights: A Dialogue, Cass R. Sunstein, Randy E. Barnett Jan 2004

Constitutive Commitments And Roosevelt's Second Bill Of Rights: A Dialogue, Cass R. Sunstein, Randy E. Barnett

Articles

No abstract provided.


Ideological Voting On Federal Courts Of Appeals: A Preliminary Investigation, Cass R. Sunstein, Lisa Michelle Ellman, David Schkade Jan 2004

Ideological Voting On Federal Courts Of Appeals: A Preliminary Investigation, Cass R. Sunstein, Lisa Michelle Ellman, David Schkade

Articles

No abstract provided.


Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein Jan 2004

Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein

Articles

In protecting safety, health, and the environment, government has increasingly relied on cost-benefit analysis. In undertaking cost-benefit analysis, the government has monetized risks of death through the idea of the value of a statistical life (VSL), currently assessed at about $6.1 million. But the government should rely instead on the value of a statistical life-year (VSLY), in a way that would likely result in lower benefits calculations for elderly people, and higher benefits calculations for children. The hard question involves not whether to undertake this shift, but how to monetize life-years, and here willingness to pay (WTP) is generally the …


The Case Against Black Reparations, Richard A. Epstein Jan 2004

The Case Against Black Reparations, Richard A. Epstein

Articles

No abstract provided.


The Canon Of Family Law, Jill Elaine Hasday Jan 2004

The Canon Of Family Law, Jill Elaine Hasday

Articles

No abstract provided.


The Unknown Past Of Lawrence V. Texas, Dale Carpenter Jan 2004

The Unknown Past Of Lawrence V. Texas, Dale Carpenter

Articles

On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Garner having anal sex. This violated the Texas Homosexual Conduct law,3 and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights.


The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff Jan 2004

The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff

Articles

In 2000 the United Nations Sub-Commission on the Promotion and Protection of Human Rights adopted a resolution raising concerns about the consistency of international intellectual property protections and human rights norms. This article summarises human rights norms relevant to intellectual property and the pertinent aspects of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which overlap or potentially conflict. The article provides several examples of potential conflict and how they might be resolved. The article demonstrates that the Sub-Commission resolution helped to initiate a major international discussion and some action on the relationship between human rights and intellectual property.


Spectres Of Law And Economics (Book Review), William H. Widen Jan 2004

Spectres Of Law And Economics (Book Review), William H. Widen

Articles

No abstract provided.


Ionizing Radiation Induces A Stress Response In Primary Cultures Of Rainbow Trout Skin, Fiona Lyng, M. Lyons-Alcantara, P. Owell, Sharon Ni Shuilleabhain, Colin Seymour, D. Cottell, Carmel Mothersill Jan 2004

Ionizing Radiation Induces A Stress Response In Primary Cultures Of Rainbow Trout Skin, Fiona Lyng, M. Lyons-Alcantara, P. Owell, Sharon Ni Shuilleabhain, Colin Seymour, D. Cottell, Carmel Mothersill

Articles

Fish skin is very vulnerable to damage from physical and chemical pollutants because it is in direct contact with the aquatic environment. In this study, the effect of g radiation on primary cultures of rainbow trout skin was investigated. Primary cultures containing two cell types, epidermal cells and goblet mucous cells, were exposed to doses ranging from 0.5–15 Gy 60Co g radiation. Expression of PCNA, c-myc and BCL2 was investigated as well as growth and levels of apoptosis and necrosis. Morphological and functional changes were also studied. The irradiated cultures showed evidence of a dose-dependent increase in necrosis and enhanced …


Mercy Lawyers, Anthony V. Alfieri Jan 2004

Mercy Lawyers, Anthony V. Alfieri

Articles

No abstract provided.


Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams Jan 2004

Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams

Articles

At first blush, Grutter appears to be a deviation from the body of the Court's recent affirmative action jurisprudence: it says "yes" where the other cases said "no." But it is not so clear that Grutter is a deviation from current law. Instead, it might be seen as consistent with it, in that the justification for the racial preference recognized in Grutter transcended the justifications offered in the previous cases, and the method used to achieve that end, "race as a factor," diffused rather than highlighted race. From this perspective, Grutter addressed several concerns that had troubled the Court for …