Digital Commons Network^™

Locking In Democracy: Constitutions, Commitment, And International Law, Tom Ginsburg

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No abstract provided.

Mandatory Access Obligations And Standing, Randal C. Picker

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No abstract provided.

Do We Have Too Many Intellectual Property Rights?, Richard A. Posner

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No abstract provided.

Exclusionary Amenities In Residential Communities, Lior Strahilevitz

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No abstract provided.

Beyond Recidivism, Douglas G. Baird

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No abstract provided.

Absolute Priority, Valuation Uncertainty, And The Reorganization Bargain, Douglas G. Baird, Donald S. Bernstein

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In a Chapter 11 reorganization, senior creditors can insist on being paid in full before anyone junior to them receives anything. In practice, however, departures from "absolute priority" treatment are commonplace. Explaining these deviations has been a central preoccupation of reorganization scholars for decades. By the standard law-and-economics account, deviations from absolute priority arise because well-positioned insiders take advantage of cumbersome procedures and permissive judges. In this Essay, we suggest a different force is at work. Deviations from absolute priority are inevitable even in a world completely committed to respecting priority as long as the value of the reorganized enterprise …

Peer Comparisons And Consumer Debt, Gary S. Becker, Luis Rayo

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No abstract provided.

Foreword To Boilerplate: Foundations Of Market Contracts Symposium, Omri Ben-Shahar

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No abstract provided.

Intuition, Custom, And Protocol: How To Make Sound Decisions With Limited Knowledge, Richard A. Epstein

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No abstract provided.

"True Threats" And The Issue Of Intent, Paul Crane

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No abstract provided.

Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo Peñalver

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No abstract provided.

Do Judges Make Regulatory Policy? - An Empirical Investigation Of Chevron, Thomas J. Miles, Cass R. Sunstein

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In the past quarter century, the Supreme Court has legitimated agency authority to interpret regulatory legislation, above all in Chevron U.S.A., Inc v Natural Resources Defense Council, Inc, the most cited case in modern public law. Chevron recognizes that the resolution of statutory ambiguities often requires judgments of policy; its call for judicial deference to reasonable interpretations was widely expected to have eliminated the role of policy judgments in judicial review of agency interpretations of law. But this expectation has not been realized. On the Supreme Court, conservative justices vote to validate agency decisions less often than liberal justices. Moreover, …

There Are No Penalty Default Rules In Contract Law, Eric A. Posner

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In an influential article, Ian Ayres and Robert Gertner introduced the concept of the "penalty default rule," a rule that fills a gap in an incomplete contract with a term that would not be chosen by a majority of parties similarly situated to the parties to the contract in question. Ayres and Gertner argued that such a rule might be efficient in a model in which contracting parties have asymmetric information. However, Ayres and Gertner did not provide any persuasive examples of penalty default rules; their best example is the Hadley rule, but this rule is probably not a penalty …

Law Reviews, Richard A. Posner

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No abstract provided.

Justice Breyer Throws Down The Gauntlet (Reviewing Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005)), Richard A. Posner

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No abstract provided.

The Federalism Decisions Of Justices Rehnquist And O'Connor: Is Half A Loaf Enough?, Richard A. Epstein

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No abstract provided.

Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Tom Ginsburg, Paul F. Diehl

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No abstract provided.

The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith

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No abstract provided.

Review Of A Community-Based Youth Counselling Service, Kevin Lalor, Sinead O'Dwyer, Denis Mccrann

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The structure and operation of a community-based youth counselling service operated by the Kildare Youth Services (KYS) is examined with a view to highlighting its preventative nature. Presenting problems are explored, in the context of the wider social milieu. Particularly, recent trends in sexual behaviour, substance abuse and child sexual abuse are examined. Interviews were conducted with a sample of professionals who referred clients, patients and students to the KYS Youth Counselling Service. Interviews were also conducted with a small sample of clients of the service and with the counsellor-coordinator of the Youth Counselling Service. The service was viewed positively …

Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron Perzanowski

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This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment.

The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …

Synthesis Of High-Temperature Stable Anatase Tio2 Photocatalyst, Suresh Pillai, Declan Mccormack, Michael Seery, Pradeepan Periyat, Steven Hinder, John Colreavy, Reenamol George, Hugh Hayden

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In the absence of a dopant or precursor odification, anatase to rutile transformation in synthetic TiO2 sually ccurs at a temperature of 600 700 °C. Conventionally, metal oxide dopants (e.g., Al2O3 nd SiO2 are used o tune the anatase to rutile transformation. A simple methodology is reported here to extend the anatase utile transformation by employing various concentrations of urea. XRD and Raman spectroscopy were used uring thermal treatment. A significantly higher anatase phase (97%) as been obtained at 800 C with use of a 1:1 Ti(OPr)4 urea composition and 11% anatase composition is etained even after calcining …

Digital Entrepreneurship, Clyde Hull, Yu-Ting Hung, Neil Hair

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As more companies start doing digital business - whether by selling their products online, by selling digital wares, or both - the question of how starting a digital venture differs from starting a traditional venture grows more important. We present a framework of digital entrepreneurship that includes a topology of new digital ventures, the characteristics of each type of new digital venture, and a discussion of how those characteristics shape the critical success factors of each type of venture. Specific issues addressed include digital or virtual products and services, digital or virtual workplaces and the effects of relying on computer-mediated …

Xbrl Cost-Benefit Analysis: In Theory And Application, Phillip Kloeden

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A definition of XBRL will be given, followed by a brief overview of the XBRL system. A timeline of events in the brief history of XBRL will be rendered and discussed. Based on the global perspective of the XBRL movement and the establishment of an international consortium, XBRL International, international and domestic analysis will be addressed. Standardization of coding for financial reporting information is the goal of the consortium and the required coding structure will transcend national borders in order to accomplish this goal. A prototype language, created by the early users of eXtensible Markup Language (XML), in the accounting …

Instruction Via Instant Messaging Reference: What’S Happening?, Christina M. Desai, Stephanie J. Graves

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Purpose – The purpose of this study is to analyze one Instant Messaging (IM) reference service to determine to what extent instruction is or can be offered in this medium and whether patrons want or expect it.

Design/methodology/approach – The authors surveyed IM patrons over a seven week period to determine whether they felt they could and did learn from chat transactions. Transcript content was analyzed to find out whether and how instruction is being offered.

Findings – Results show that patrons overwhelmingly welcome instruction and that it is provided in a large majority of cases, using a variety of …

Lightening And Enlightening Exam Conferences, Richard Henry Seamon

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No abstract provided.

Burkean Minimalism, Cass R. Sunstein

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Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an insistence on respect for traditional practices and an intense distrust of those who would renovate social practices by reference to moral or political reasoning of their own. An understanding of the uses and limits of Burkean minimalism helps to illuminate a number of current debates, including those involving substantive due process, the Establishment Clause, and the power of the president to protect national security. Burkean minimalists oppose, and …

Beyond Marbury: The Exective's Power To Say What The Law Is, Cass R. Sunstein

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Under Marbury v. Madison, it is "emphatically the province and duty of the judicial department to say what the law is." But in the last quarter-century, the Supreme Court has legitimated the executive's power of interpretation, above all in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, the most cited case in modern public law. Chevron is not merely a counter-Marbury for the executive branch, but also the Erie Railroad Co. v. Tompkins of the last half-century. It reflects a salutary appreciation of the fact that the law's meaning is not a "brooding omnipresence in the sky" - and that …

Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha

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American law has yet to reach a satisfying conclusion about public access to information on government operations. But recent events are prompting reconsideration of the status quo. As our current system is reassessed, three shortfalls in past debates should be overcome. The first involves ignorance of foreign systems. Other democracies grapple with information access problems, and their recent experiments are illuminating. Indeed they expose two additional domestic weaknesses. One is a line we have drawn within constitutional law. Courts and commentators tend to treat constitutional issues of public access separately from those of executive discretion to withhold information, but these …

Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley

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No abstract provided.

The Federal Judicial Power And The International Legal Order, Curtis A. Bradley

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Richard Falk famously argued that domestic courts should operate as "agents of the international order."¹ Recent academic debates over the role of international law in the U.S. legal system, and over the relevance of foreign and international materials in U.S. constitutional interpretation, are at least in part debates about this proposition. Modern variants of Falk's claim can be found in the works of scholars such as Harold Koh, Jennifer Martinez, and Anne-Marie Slaughter.² These and other "internationalist" scholars consider the U.S. judiciary as part of a "global community of courts,"emphasize the values of international cross-fertilization and harmonization, and …