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Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan Jan 2003

Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan

Articles

My topic in this article is the role of regulatory purpose under Article III of the GATT, and I regard Bob [Hudec] as the patron saint of efforts to establish the relevance of purpose. His famous "Requiem for an 'Aims and Effects' Test" may have been called a requiem, but it was reluctant and sceptical. Bob thought dispute settlement tribunals ought to consider the regulator's purpose, and he thought they would do so, whatever they said. As decisions on Article III accumulate, we are in the process of learning that he was right on both counts.


Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg Jan 2003

Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg

Articles

Allowing universities to patent the results of government-sponsored research sometimes works against the public interest.


Integrating Visualization Into The Modeling Of Business Simulations, Victor Perotti, Tom F. Pray Dec 2002

Integrating Visualization Into The Modeling Of Business Simulations, Victor Perotti, Tom F. Pray

Articles

This article demonstrates the advantages of using visualization as part of the modeling process. Several examples are given to show how visualization can help developers to more completely understand the range of behaviors for their algorithms. Specifically, the Cobb Douglas function and Gold Pray demand system are examined using a tool that combines mathematical modeling with visualization capabilities.


What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens Dec 2002

What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens

Articles

No abstract provided.


Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens Dec 2002

Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens

Articles

No abstract provided.


An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil Dec 2002

An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil

Articles

No abstract provided.


On The Choice Of Optimal Temporal Control In Renewable Resource Management, Amitrajeet A. Batabyal, Hamid Beladi Oct 2002

On The Choice Of Optimal Temporal Control In Renewable Resource Management, Amitrajeet A. Batabyal, Hamid Beladi

Articles

This paper addresses the following hitherto unstudied question in renewable resource management: How should a resource manager set the temporal control optimally for renewable resources such as rangelands and fisheries that are managed with spatial and temporal controls? We use a dynamic and stochastic framework to first derive the resource manager’s long run average net cost function. We then demonstrate how the temporal control can be chosen to minimize this objective function.


The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder Oct 2002

The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder

Articles

The article critiques the dominance of policy-oriented legal scholarship, particularly in law and economics, arguing that it oversimplifies human behavior by focusing on predictable, instrumental rationality. It advocates for a more balanced approach that incorporates jurisprudential, theoretical, and doctrinal scholarship, drawing on speculative theory from Continental philosophy and psychoanalysis to provide a richer understanding of rationality and human subjectivity. The author suggests that critical legal scholarship could be revitalized by engaging with thinkers like Kant, Hegel, and Lacan, who offer deeper insights into freedom, spontaneity, and the symbolic order.


Searching For The Irish Soul, Eamon Maher Mar 2002

Searching For The Irish Soul, Eamon Maher

Articles

Material reproduced by kind permission of Reality


Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport Mar 2002

Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.


The Perception Of Risk, Cass R. Sunstein Feb 2002

The Perception Of Risk, Cass R. Sunstein

Articles

No abstract provided.


Creative Communities: An Application Of The Visioning Method For The Development Of Community Indicators In Ballymun (Ireland), Elzbieta Krawczyk Jan 2002

Creative Communities: An Application Of The Visioning Method For The Development Of Community Indicators In Ballymun (Ireland), Elzbieta Krawczyk

Articles

No abstract provided.


Managing The Dean's Ceremonial Role, John A. Miller Jan 2002

Managing The Dean's Ceremonial Role, John A. Miller

Articles

No abstract provided.


Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein Jan 2002

Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein

Articles

No abstract provided.


Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein Jan 2002

Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein

Articles

No abstract provided.


The Jurisprudence Of Greed, Eric A. Posner Jan 2002

The Jurisprudence Of Greed, Eric A. Posner

Articles

No abstract provided.


The End Of Bankruptcy, Douglas G. Baird, Robert K. Rasmussen Jan 2002

The End Of Bankruptcy, Douglas G. Baird, Robert K. Rasmussen

Articles

No abstract provided.


Reflections On Constitutionalizing Women's Equality, Mary Anne Case Jan 2002

Reflections On Constitutionalizing Women's Equality, Mary Anne Case

Articles

No abstract provided.


Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein Jan 2002

Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein

Articles

No abstract provided.


Beyond Judicial Activism And Restraint, Richard A. Epstein Jan 2002

Beyond Judicial Activism And Restraint, Richard A. Epstein

Articles

No abstract provided.


Pragmatism Versus Purposivism In First Amendment Analysis, Richard A. Posner Jan 2002

Pragmatism Versus Purposivism In First Amendment Analysis, Richard A. Posner

Articles

No abstract provided.


Smoothing The Boundary Between Foreign And Domestic Law: Comments On Professors Dodge, Golove, And Stephan, Richard A. Epstein Jan 2002

Smoothing The Boundary Between Foreign And Domestic Law: Comments On Professors Dodge, Golove, And Stephan, Richard A. Epstein

Articles

No abstract provided.


Problem Of Unraveling: Biodiversity And Private Property In Land, Dale Goble Jan 2002

Problem Of Unraveling: Biodiversity And Private Property In Land, Dale Goble

Articles

No abstract provided.


"We Must Be Hunters Of Meaning": Race, Metaphor, And The Models Of Steven Winter, D. Marvin Jones Jan 2002

"We Must Be Hunters Of Meaning": Race, Metaphor, And The Models Of Steven Winter, D. Marvin Jones

Articles

No abstract provided.


Enforcing Existing Rights Introduction, Cass R. Sunstein Jan 2002

Enforcing Existing Rights Introduction, Cass R. Sunstein

Articles

No abstract provided.


Is There A Constitutional Right To Clone?, Cass R. Sunstein Jan 2002

Is There A Constitutional Right To Clone?, Cass R. Sunstein

Articles

No abstract provided.


Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade Jan 2002

Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade

Articles

When people make moral or legal judgments in isolation, they produce a pattern of outcomes that they would themselves reject, if only they could see that pattern as a whole. A major reason is that human thinking is category-bound. When people see a case in isolation, they spontaneously compare it to other cases that are mainly drawn from the same category of harms. When people are required to compare cases that involve different kinds of harms, judgments that appear sensible when the problems are considered separately often appear incoherent and arbitrary in the broader context. Another major source of incoherence …


What's Available - Social Influences And Behavioral Economics Empirical Legal Realism: A New Social Scientific Assessment Of Law And Human Behavior, Cass R. Sunstein Jan 2002

What's Available - Social Influences And Behavioral Economics Empirical Legal Realism: A New Social Scientific Assessment Of Law And Human Behavior, Cass R. Sunstein

Articles

No abstract provided.


Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday Jan 2002

Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday

Articles

No abstract provided.


Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes Jan 2002

Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes

Articles

No abstract provided.