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Articles 4561 - 4590 of 6030
Full-Text Articles in Entire DC Network
Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz
Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz
Articles
No abstract provided.
The Empirical Side Of Law And Economics, William M. Landes
The Empirical Side Of Law And Economics, William M. Landes
Articles
No abstract provided.
Property's Uneasy Path And Expanding Future, Saul Levmore
Property's Uneasy Path And Expanding Future, Saul Levmore
Articles
No abstract provided.
From Edison To The Broadcast Flag: Mechanisms Of Consent And Refusal And The Propertization Of Copyright, Randal C. Picker
From Edison To The Broadcast Flag: Mechanisms Of Consent And Refusal And The Propertization Of Copyright, Randal C. Picker
Articles
Negligence law is built around the paradigmatic case of a person who unreasonably preferred his own interests to those of others and, as a result, caused damage to another person. However, this case is not representative of all instances of negligence. In some cases, the negligent injurer failed in balancing between the interests of the victim alone; in other cases, he failed in balancing between the victim's interests and those of a third party; sometimes the injurer failed in balancing the victim's interests and the interests of the public or of society as a whole; and in yet other instances, …
International Agreements: A Rational Choice Approach, Eric A. Posner, Jack L. Goldsmith
International Agreements: A Rational Choice Approach, Eric A. Posner, Jack L. Goldsmith
Articles
No abstract provided.
The Rule Of Law In Times Of Stress, Diane P. Wood
The Culture Of Arbitration, Tom Ginsburg
Elements Of The Law, Dennis J. Hutchinson
Deafness And Chemical Dependency, Jeff Rubin
A Process For Synthesizing Bandlimited Chaotic Waveforms For Digital Signal Transmission, Chance Glenn
A Process For Synthesizing Bandlimited Chaotic Waveforms For Digital Signal Transmission, Chance Glenn
Articles
In our development of a chaotic oscillator technology to produce high-quality communication signals, we have found a novel method for limiting the out-of-band spectral power from chaotic oscillators. This development is an important breakthrough that has allowed us to make a major step toward a commercially viable technology.
On The Psychology Of Punishment, Cass R. Sunstein
On The Psychology Of Punishment, Cass R. Sunstein
Articles
Are juries rational or irrational? In the context of punitive damage awards, jury decisions suffer from serious problems. Jurors are intuitive retributivists, in a way that produces departures from economic theories of punishment. Their decisions are rooted in outrage, which they cannot easily translate into dollar terms. The result is a degree of unpredictability and incoherence. An understanding of this point casts light on several problems with existing institutions and offers some clues about how those problems might be solved.
Beyond The Precautionary Principle, Cass R. Sunstein
Beyond The Precautionary Principle, Cass R. Sunstein
Articles
The precautionary principle has been highly influential in legal systems all over the world. In its strongest and most distinctive forms, the principle imposes a burden of proof on those who create potential risks, and it requires regulation of activities even if it cannot be shown that those activities are likely to produce significant harms. Taken in this strong form, the precautionary principle should be rejected, not because it leads in bad directions, but because it leads in no direction at all. The principle is literally paralyzing-forbidding inaction, stringent regulation, and everything in between. The reason is that in the …
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Articles
No abstract provided.
The Antitrust/Intellectual Property Interface: An Emerging Solution To An Intractable Problem, Daniel J. Gifford
The Antitrust/Intellectual Property Interface: An Emerging Solution To An Intractable Problem, Daniel J. Gifford
Articles
The relationship of the antitrust laws to the patent, copyright and other intellectual property laws has perplexed antitrust scholars and practitioners since the beginning of the twentieth century. 1 The problems in reconciling the two legal areas arise from two, if related, sources. One problem lies in their purposes: the intellectual property laws are designed to create exclusive rights - exclusive rights that sometimes rise to the level of monopolies - in order to encourage innovation and creativity. The antitrust laws are designed to foster competition and to prevent the formation of monopolies. The other related problem is definitional; just …
Competence, Culpability, And Punishment: Implications Of Atkins For Executing And Sentencing Adolescents, Barry C. Feld
Competence, Culpability, And Punishment: Implications Of Atkins For Executing And Sentencing Adolescents, Barry C. Feld
Articles
The Supreme Court has explored the issues of culpability, proportionality, and deserved punishment most fully in the context of capital punishment. In death penalty decisions addressing developmental impairments and culpability, the Court has considered the cases of defendants with mental retardation and older adolescents, and has created an anomalous inconsistency by reaching opposite conclusions about the deserved punishment for each group of defendants. Recently, in Atkins v. Virginia, the Court relied on both empirical and normative justifications to categorically prohibit states from executing defendants with mental retardation. Atkins reasoned that mentally retarded offenders lacked the reasoning, judgment, and impulse control …
Public Welfare And The Role Of The Wto: Reconsidering The Trips Agreement, Ruth Okediji
Public Welfare And The Role Of The Wto: Reconsidering The Trips Agreement, Ruth Okediji
Articles
No abstract provided.
Chaos And Rules: Should Responses To Violent Crises Always Be Constitutional?, Oren Gross
Chaos And Rules: Should Responses To Violent Crises Always Be Constitutional?, Oren Gross
Articles
Two broad categories of constitutional models have traditionally been invoked in the context of fashioning legal responses to emergencies. According to the Business as Usual model, ordinary legal rules continue to be strictly followed with no substantive change even in times of crisis. The law in times of war remains the same as in times of peace. Other models of emergency powers may be grouped together under the general category of models of accommodation, insofar as they attempt to accommodate, within the existing normative structure, security considerations and needs. Though the ordinary system is kept intact as much as possible, …
The Best Patent Practice Or Mere Compromise? A Review Of The Current Draft Of The Substantive Patent Law Treaty And A Proposal For A "First-To-Invent" Exception For Domestic Applicants, Toshiko Takenaka
Articles
Part I of this paper I review the past efforts of patent harmonization. In Part II, I review the current draft of the Substantive Patent Law Treaty (SPLT) and compare its major articles with Title 35 of the United States Code, the European Patent Convention (EPC), and Japanese Patent Law (JPL). In Part III, I analyze the changes expected by the integration of the SPLT into U.S. patent practice and examine if such changes would result in the best patent practice. I propose that the best practice takes into account underlying patent policies in such instances in which the changes …
Corporate Governance After Enron And Global Crossing: Comparative Lessons For Cross-National Improvement, 78 723 (2003), Edward S. Adams
Corporate Governance After Enron And Global Crossing: Comparative Lessons For Cross-National Improvement, 78 723 (2003), Edward S. Adams
Articles
This Article outlines and compares the corporate governance structures of the United States, Japan, Germany, and France. This outline and comparison is made with respect to past, present, and future characteristics and trends. As a cross-national study, it recognizes that the varying natures of differing legal, business, social, and cultural structures significantly affect the degree to which a country can implement changes to its corporate governance systems. This study includes the possibility that one country's corporate model might be inapplicable to another country. Some aspects of American capitalism, nevertheless, are slowly being adopted as improvements in Germany, France, and Japan. …
Optical Switches Using Electro-Optical Effects In Liquid Crystals, Yuliya Semenova, S. Dovgalets, Yuri Panarin, Gerald Farrell
Optical Switches Using Electro-Optical Effects In Liquid Crystals, Yuliya Semenova, S. Dovgalets, Yuri Panarin, Gerald Farrell
Articles
A simple displacement sensor based on a bent singlemode-multimode-singlemode (SMS) fiber structure is proposed and experimentally investigated. The sensor offers a wider displacement range, not limited by the risk of fiber breakage, as well as a three-fold increase in displacement sensitivity by comparison with a straight SMS structure sensor. This sensor can be interrogated by either an optical spectral analyzer (OSA) or a ratiometric interrogation system: (1) if interrogated by an OSA assuming a resolution of 1 pm, it has a sensitivity of 28.2 nm for a displacement measurement range from 0 to 280 μm; (2) if interrogated by a …
The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Urban Futures, John Ratcliffe, Lorcan Sirr
The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Urban Futures, John Ratcliffe, Lorcan Sirr
Articles
We are currently living through an era where we can, and need to, create exciting new possibilities in the way we think about, plan, design and build new places and spaces for working and living. At the same time, two irresistible forces – change and complexity – face decision-makers charged with framing and executing future policy and practice for the built and human environment. This paper generally argues the case for employing a ‘prospective’ process through scenario thinking for strategic planning and management in the urban arena. It does not attempt to identify or explore the advances made in planning …
Futures Thinking For The Built And Human Environment: The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Human Futures, John Ratcliffe, Lorcan Sirr
Futures Thinking For The Built And Human Environment: The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Human Futures, John Ratcliffe, Lorcan Sirr
Articles
We are currently living through an era where we can, and need to, create exciting new possibilities in the way we think about, plan, design and build new places and spaces for working and living. At the same time, two irresistible forces – change and complexity – face decision-makers charged with framing and executing future policy and practice for the built and human environment. This paper generally argues the case for employing a ‘prospective’ process through scenario thinking for strategic planning and management in the urban arena. It does not attempt to identify or explore the advances made in planning …
Retrying Race, Anthony V. Alfieri
[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin
[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin
Articles
No abstract provided.
The Racial Double Helix: Watson, Crick, And Brown V. Board Of Education (Our No-Bell Prize Award Speech) Brown@50 Symposium - Inaugural Charles Hamilton Houston Lecture, Richard Delgado, Jean Stefancic
The Racial Double Helix: Watson, Crick, And Brown V. Board Of Education (Our No-Bell Prize Award Speech) Brown@50 Symposium - Inaugural Charles Hamilton Houston Lecture, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Agency Burrowing: Entrenching Policies And Personnel Before A New President Arrives, Nina A. Mendelson
Agency Burrowing: Entrenching Policies And Personnel Before A New President Arrives, Nina A. Mendelson
Articles
This Article examines executive branch agency actions concluded just before a new President takes office, such as "midnight" rulemaking and late-term hiring and promotion, which Professor Mendelson collectively refers to as "agency burrowing." Congress, the media, and some commentators have portrayed such activities as unsavory power grabs that undermine the President-elect's ability to direct the functions of administrative agencies. Rather than dismissing agency burrowing out of hand, however, Professor Mendelson argues for a more nuanced approach. In some cases, burrowing can make positive contributions to the democratic responsiveness of agencies, agency accountability, and the "rule of law." A fuller analysis …
Active Spectral Imaging, Melissa Nischan, Rose Joseph, Justin Libby
Active Spectral Imaging, Melissa Nischan, Rose Joseph, Justin Libby
Articles
With the ability to image a scene in tens to hundreds of spectral bands, multispectral and hyperspectral imaging sensors have become powerful tools for remote sensing. However, spectral imaging systems that operate at visible through nearinfrared wavelengths typically rely on solar illumination. This reliance gives rise to a number of limitations, particularly with regard to military applications. Actively illuminating the scene of interest offers a way to address these limitations while providing additional advantages. We have been exploring the benefits of using active illumination with spectral imaging systems for a variety of applications. Our laboratory setup includes multispectral and hyperspectral …
Understanding Climatic Impacts, Vulnerabilities, And Adaptation In The United States: Building A Capacity For Assessment, Edward A. Parson, Robert W. Corell, Eric J. Barron, Virginia Burkett, Anthony Janetos, Linda Joyce, Thomas R. Karl, Michael C. Maccracken, Jerry Melillo, M. Granger Morgan, David S. Schimel, Thomas Wilbanks
Understanding Climatic Impacts, Vulnerabilities, And Adaptation In The United States: Building A Capacity For Assessment, Edward A. Parson, Robert W. Corell, Eric J. Barron, Virginia Burkett, Anthony Janetos, Linda Joyce, Thomas R. Karl, Michael C. Maccracken, Jerry Melillo, M. Granger Morgan, David S. Schimel, Thomas Wilbanks
Articles
Based on the experience of the U.S. National Assessment, we propose a program of research and analysis to advance capability for assessment of climate impacts, vulnerabilities, and adaptation options. We identify specific priorities for scientific research on the responses of ecological and socioeconomic systems to climate and other stresses; for improvement in the climatic inputs to impact assessments; and for further development of assessment methods to improve their practical utility to decision-makers. Finally, we propose a new institutional model for assessment, based principally on regional efforts that integrate observations, research, data, applications, and assessment on climate and linked environmental-change issues. …
On Researching Music In Everyday Life:Assessing The Musician As Producer Of Commercialised Music, Alan Bradshaw, Roger Sherlock, Pierre Mcdonagh
On Researching Music In Everyday Life:Assessing The Musician As Producer Of Commercialised Music, Alan Bradshaw, Roger Sherlock, Pierre Mcdonagh
Articles
Adorno & Horkheimer (1998) argue that the Culture Industry generates cultural artefacts that fail to develop human consciousness and hence support the domination of the capitalist system. Steinert (2003) states that the pressures facing musicians to negotiate between the demands of the culture industry and the traditional role of the artist generates a fundamental contradiction within art which is symbolically enacted through artistic production. This study, which draws on on-going postgraduate research aims to develop a research framework that investigates how musicians negotiate this contradiction. The study considers if a more reflexive approach to art exists, typified by the Pop …
Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney
Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney
Articles
No abstract provided.