Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Articles

Discipline
Institution
Keyword
Publication Year
File Type

Articles 2761 - 2790 of 5996

Full-Text Articles in Entire DC Network

Crowdsourcing Land Use, Lee Anne Fennell Jan 2013

Crowdsourcing Land Use, Lee Anne Fennell

Articles

No abstract provided.


International Paretianism: A Defense, David A. Weisbach, Eric A. Posner Jan 2013

International Paretianism: A Defense, David A. Weisbach, Eric A. Posner

Articles

A treaty satisfies what we call International Paretianism (P) if it advances the interests of all states that join it, so that no state is made worse off The principle might seem obvious, but it rules out nearly all the major proposals for a climate treaty, including proposals advanced by academics and by government officials. We defend IP, and for that reason urge commentators in the debate over climate justice to abandon efforts to right past wrongs, redistribute wealth, and achieve other abstract ideals through a climate treaty. Instead, the goal should be to develop a feasible treaty that states …


No Exit? Withdrawal Rights And The Law Of Corporate Reorganizations, Douglas G. Baird, Anthony Casey Jan 2013

No Exit? Withdrawal Rights And The Law Of Corporate Reorganizations, Douglas G. Baird, Anthony Casey

Articles

Bankruptcy scholarship is largely a debate about the comparative merits of a mandatory regime on one hand and bankruptcy by free design on the other. By the standard account, the current law of corporate reorganization is mandatory. Various rules that cannot be avoided ensure that investors’ actions are limited and they do not exercise their rights against specialized assets in a way that destroys the value of a business as a whole. These rules solve collective action problems and reduce the risk of bargaining failure. But there are costs to a mandatory regime. In particular, investors cannot design their rights …


The Impending Iprize Revolution In Intellectual Property Law, Saul Levmore Jan 2013

The Impending Iprize Revolution In Intellectual Property Law, Saul Levmore

Articles

How will intellectual property law change as the economy becomes dominated by services and ideas? This Essay explains why the interest groups and other forces that brought about an expansion of property rights over the last century or two are reconfigured in an economy dominated by ideas. This reconfiguration makes prizes - including grants, subsidies, and various contractual promises - more likely and more attractive than property rights as the means of encouraging innovation. The theory predicts an increase in the use of subsidies and other prizes, rather than patents. These prizes can be of the ex ante kind, offered …


The Questionable Basis Of The Common European Sales Law: The Role Of An Optional Instrument In Jurisdictional Competition, Eric A. Posner Jan 2013

The Questionable Basis Of The Common European Sales Law: The Role Of An Optional Instrument In Jurisdictional Competition, Eric A. Posner

Articles

No abstract provided.


Big Law And Big Med: The Deprofessionalization Of Legal And Medical Services, Richard A. Epstein Jan 2013

Big Law And Big Med: The Deprofessionalization Of Legal And Medical Services, Richard A. Epstein

Articles

No abstract provided.


Intellectual Property And The Law Of Contract: The Case Against "Efficient Breach", Richard A. Epstein Jan 2013

Intellectual Property And The Law Of Contract: The Case Against "Efficient Breach", Richard A. Epstein

Articles

No abstract provided.


Tushnet's Lawless World: A Response To Mark Tushnet, Book Review, Epstein's Best Of All Possible Worlds: The Rule Of Law, 80 U Chi L Rev 487 (2013), Richard A. Epstein Jan 2013

Tushnet's Lawless World: A Response To Mark Tushnet, Book Review, Epstein's Best Of All Possible Worlds: The Rule Of Law, 80 U Chi L Rev 487 (2013), Richard A. Epstein

Articles

No abstract provided.


Contract Versus Property Damages, Omri Ben-Shahar Jan 2013

Contract Versus Property Damages, Omri Ben-Shahar

Articles

No abstract provided.


An (Un)Common Frame Of Reference: An American Perspective On The Jurisprudence Of The Cesl, Lisa Bernstein Jan 2013

An (Un)Common Frame Of Reference: An American Perspective On The Jurisprudence Of The Cesl, Lisa Bernstein

Articles

No abstract provided.


The Global Determinants Of U.S. Foreign Affairs Law, Daniel Abebe Jan 2013

The Global Determinants Of U.S. Foreign Affairs Law, Daniel Abebe

Articles

A recurring debate in foreign affairs law focuses on the appropriate level of congressional and judicial deference to the President. In answering that question, most scholars focus on the Constitution, Supreme Court precedent, and historical practice for guidance, or evaluate the expertise and strategic incentives of Congress, the President, and the courts. For these scholars, the inquiry exclusively centers on domestic, internal constraints on the President. But this analysis is incomplete. Determination of the appropriate level of deference has consequences for how the President can pursue U.S. interests abroad. If the United States wants to be successful in achieving its …


Copyright In Teams, Andres Sawicki, Anthony Casey Jan 2013

Copyright In Teams, Andres Sawicki, Anthony Casey

Articles

No abstract provided.


Can Technological Innovation Survive Government Regulation?, Richard A. Epstein Jan 2013

Can Technological Innovation Survive Government Regulation?, Richard A. Epstein

Articles

No abstract provided.


Free Trade And Free Immigration: Why Domestic Competitive Injury Should Never Influence Government Policy, Richard A. Epstein Jan 2013

Free Trade And Free Immigration: Why Domestic Competitive Injury Should Never Influence Government Policy, Richard A. Epstein

Articles

No abstract provided.


Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons Jan 2013

Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons

Articles

No abstract provided.


Harmonization, Heterogeneity And Regulation: Cesl, The Lost Opportunity For Constructive Harmonization, Richard A. Epstein Jan 2013

Harmonization, Heterogeneity And Regulation: Cesl, The Lost Opportunity For Constructive Harmonization, Richard A. Epstein

Articles

No abstract provided.


Judicial Opinions And Appellate Advocacy In Federal Courts - One Judge's Views, Richard A. Posner Jan 2013

Judicial Opinions And Appellate Advocacy In Federal Courts - One Judge's Views, Richard A. Posner

Articles

No abstract provided.


On The Interpretability Of Law: Lessons From The Decoding Of National Constitutions, Tom Ginsburg, James Melton, Zachary Elkins, Kalev Leetaru Jan 2013

On The Interpretability Of Law: Lessons From The Decoding Of National Constitutions, Tom Ginsburg, James Melton, Zachary Elkins, Kalev Leetaru

Articles

No abstract provided.


Policing Immigration, Thomas J. Miles, Adam B. Cox Jan 2013

Policing Immigration, Thomas J. Miles, Adam B. Cox

Articles

No abstract provided.


Precontractual Disclosure Duties Under The Common European Sales Law, Douglas G. Baird Jan 2013

Precontractual Disclosure Duties Under The Common European Sales Law, Douglas G. Baird

Articles

No abstract provided.


Regulatory Techniques In Consumer Protection: A Critique Of European Consumer Contract Law, Omri Ben-Shahar, Oren Bar-Gill Jan 2013

Regulatory Techniques In Consumer Protection: A Critique Of European Consumer Contract Law, Omri Ben-Shahar, Oren Bar-Gill

Articles

No abstract provided.


Reverse Regulatory Arbitrage: An Auction Approach To Regulatory Assignments, M. Todd Henderson, Frederick Tung Jan 2013

Reverse Regulatory Arbitrage: An Auction Approach To Regulatory Assignments, M. Todd Henderson, Frederick Tung

Articles

In the years before the Financial Crisis, banks got to pick their regulators, engaging in a form of regulatory arbitrage that we now know was a race to the bottom. We propose to turn the tables on the banks by allowing regulators—specifically, bank examiners—to choose the banks they regulate. We call this "reverse regulatory arbitrage," and we think it can help improve regulatory outcomes. Building on our prior work that proposes to pay bank examiners for performance—by giving them financial incentives to avoid bank failures—we argue that bank supervisory assignments should be set through an auction among examiners. Examiner bidding …


The Constitution Of The Second Generation, Alison Lacroix Jan 2013

The Constitution Of The Second Generation, Alison Lacroix

Articles

In his new book, Akhil Amar describes the "unwritten Constitution" as a set of values, customs, and beliefs that are crafted and revealed over time, and which inform the interpretation and application of the Constitution. Amar's account centers on four key moments in United States history: the founding, Reconstruction, the New Deal, and the civil rights revolution of the 1960s, leaving relatively unexplored an essential period of existential, adolescent crisis: the early nineteenth century. Using a 1830 exchange between James Madison and Martin Van Buren as a case study, this Article discusses the significance of the period between 1815 and …


Children, Violence, Community And The Physical Environment: Foreword To The Special Issue, Kevin Lalor Jan 2013

Children, Violence, Community And The Physical Environment: Foreword To The Special Issue, Kevin Lalor

Articles

No abstract provided.


The Servicescape As An Antecedent To Service Quality And Behavioral Intentions, Daire Hooper, Joseph Coughlan, Michael Mullen Jan 2013

The Servicescape As An Antecedent To Service Quality And Behavioral Intentions, Daire Hooper, Joseph Coughlan, Michael Mullen

Articles

Purpose: The purpose of this paper is to examine whether the servicescape should be subsumed as a dimension within service quality conceptualizations or whether it is a unique construct in itself which precedes service quality evaluations and behavioral intentions. We both propose and operationalize this model and in doing so make a theoretical contribution by demonstrating how a delineation between these two constructs is necessary in order for theory to progress in this area.

Design/methodology/approach: A total of 355 customers were intercepted as they exited a retail store and surveyed using a structured questionnaire. The data was then analyzed using …


Opinions Actionable As Securities Fraud, Wendy Gerwick Couture Jan 2013

Opinions Actionable As Securities Fraud, Wendy Gerwick Couture

Articles

This Article proposes a new analytical framework to apply to statements of opinion in securities fraud cases. Although statements of opinion form the basis of some of the most cutting edge securities fraud claims-such as those asserted against securities analysts and credit rating agencies-statements of opinion do not fit squarely within the elements of securities fraud. In particular, three issues arise: (1) When is a statement of opinion false so as to qualify as a misrepresentation? (2) When is a statement of opinion material? (3) And, for that matter, what is the distinction between a statement of fact and a …


Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens Jan 2013

Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens

Articles

When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with …


New Priorities As The Endangered Species Act Turns 40, Dale Goble Jan 2013

New Priorities As The Endangered Species Act Turns 40, Dale Goble

Articles

No abstract provided.


A Look Inside The Butler’S Cupboard: Fiction Writers’ Insights On How The External World Reveals Internal State Of Mind In Appellate Briefs, Cathren Page Jan 2013

A Look Inside The Butler’S Cupboard: Fiction Writers’ Insights On How The External World Reveals Internal State Of Mind In Appellate Briefs, Cathren Page

Articles

By studying the scene through the eyes of the client and the witnesses, the attorney can not only evoke this psychological subtext, but can also weave relevant and probative details into the statement of facts and the argument and elicit such detail at trial. For instance, in a case involving a car accident, the weather, the temperature, the time of day, the traffic on the road, and the color of the cars, signs, and traffic lights can be relevant as to the degree that a driver was negligent. Similarly, in a case involving child neglect, the smell of a home, …


Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman Jan 2013

Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman

Articles

Cloud computing has revolutionized how society interacts with, and via, technology. Though some early detractors criticized the "cloud" as being nothing more than an empty industry buzzword, we contend that by dovetailing communications and calculating processes for the first time in history, cloud computing is--both practically and legally-a shift in prevailing paradigms. As a practical matter, the cloud brings with it a previously undreamt-of sense of location independence for both suppliers and consumers. And legally, the shift toward deploying computing ability as a service, rather than as a product, represents an evolution to a contractual foundation for interacting.

Already, substantive …