Digital Commons Network^™

Communication Among Competitors: Game Theory And Antitrust Application Of Game Theory To Antitrust, Andrew M. Rosenfield, Dennis W. Carlton, Robert H. Gertner

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No abstract provided.

Generalist Judges In A Specialized World, Diane P. Wood

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No abstract provided.

The Proper Goals Of Antitrust: When Public And Private Interests Collide, Richard A. Epstein

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No abstract provided.

Before Cyberspace: Legal Transitions In Property Rights Regimes, Richard A. Epstein

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No abstract provided.

Clinical Legal Education Gets High Marks, Maureen Laflin

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No abstract provided.

Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton

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Taiwan held its first democratic presidential elections in March 1996, which motivated mainland China to stage large scale contemporaneous war games in the Taiwan Strait and aim unusually belligerent rhetoric at Taipei. The United States responded by deploying substantial naval forces in the area. After examining this confrontation between China, Taiwan, and the United States in terms of the 1979 Taiwan Relations Act, international law, and non-nuclear deterrence theory, the author presents a novel analysis of indirect deterrence communication between the United States and China

Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein

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No abstract provided.

Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford

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The enactment of the National Labor Relations Act 1 ("NLRA") in 1935 was an economic and social watershed. The NLRA was the successor to section 7(a) of the National Industrial Recovery Act 2 ("NIRA"), the initial experiment in American corporatist governance. 3 The NLRA gave the United States a radically new labor policy, one dramatically more effective in facilitating union organization than its immediate predecessor. Following the path identified by the predecessor NIRA, which had contemplated a network of industry "codes," labor relations under the NLRA have developed in significant part along industry lines. 4 And until the mid-1960s, the …

Review Of Developments At The 48th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Sosamma Samuel

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Until the turning point of the 1993 World Conference on Human Rights in Vienna, few issues received as little political attention at the United Nations as the human rights of women. Now, thanks to the efforts of non-governmental organizations (NGOs), academics, and other advocates, the Conference itself can claim the placement of women on the human rights agenda as one of its clearest victories. The weaknesses of the United Nations and of the international community as a whole {including states and NGOs) have been primarily in two areas: (a) at the conceptual level, their failure, until recently, to declare all …

The Bounds Of Professionalism: Challenging Our Students; Challenging Ourselves, Beverly Balos

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Professor Aiken, in her article Striving to Teach "Justice,Fairness, and Morality," recognizes the importance of integrating the "analysis of difference into traditional courses to ensure that students begin the life-long process of examining their exercise of privilege and develop an appreciation of the professional value of striving for justice, fair- ness, and morality."1 Her article sets out a pedagogical approach to legal education with the goal of constructing a learning experience that maximizes reflection and unmasks privilege. Aiken's article raises important issues for all of us concerned with legal education and the competent representation of clients.

Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia

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This Article examines the treatment of deconstruction in United States judicial opinions.' A handful of cases have directly referred to the French philosopher and literary theorist, Jacques Derrida.2 In each of these cases, the court has rejected Derrida's philosophy, apparently out of a fear that recognition of any legitimacy of Derrida's thoughts would lead to the self-destruction of the legal world. These courts have misunderstood that consideration or recognition of Derrida's philosophy in the legal context would not unavoidably lead to the end of all meaningful legal discourse in the United States. A discussion of these cases will serve as …

Distributed Detection With Multiple Sensors: Part I—Fundamentals, Ramanarayanan Viswanathan, Pramod K. Varshney

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In this paper, basic results on distributed detection are reviewed. In particular, we consider the parallel and the serial architectures in some detail and discuss the decision rules obtained from their optimization based on the Neyman–Pearson (NP) criterion and the Bayes formulation. For conditionally independent sensor observations, the optimality of the likelihood ratio test (LRT) at the sensors is established. General comments on several important issues are made including the computational complexity of obtaining the optimal solutions, the design of detection networks with more general topologies, and applications to different areas.

Corporate Philanthropy And Campaign Finance: Exempt Organizations As Corporate-Candidate Conduits, Frances R. Hill

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No abstract provided.

International Taxation Of Electronic Commerce, Reuven S. Avi-Yonah

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This article submits proposals for taxing the digital economy on the basis of the benefits and single tax principles.

Dividends, Noncontractibility, And Corporate Law, William Wilson Bratton

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No abstract provided.

Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers

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Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.

Irrelevance, Minimal Relevance, And Meta-Relevance (Response To David Crump), Richard D. Friedman

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Professor Crump's analysis runs the full traverse from academic theorizing to practical observation. I will attempt to follow him over the same course, addressing three questions among the congeries that he raises. First, is it true that all evidence satisfies the minimalist definition of relevance? Second, should evidentiary codes include a tighter definition of relevance? Third, how should we assess lawyers' use of evidence that, loosely speaking, is irrelevant?

The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner

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Lawrence Peter "Yogi" Berra was born on May 12, 1925, in St. Louis, Missouri, and grew up to become one of baseball's all-time greats. Yogi played nineteen years in the Major Leagues, eighteen with the New York Yankees and one with the New York Mets He has been called the greatest Yankee catcher ever. During his career, Yogi played in a record fourteen World Series and was elected the American League's Most Valuable Player three times. Following his playing career, Yogi managed both the Yankees and the New York Mets, and coached the Yankees, Mets, and Houston Astros. He received …

An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia

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Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using …

The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, Robert W. Gomulkiewicz

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A disclaimer of ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITING THE IMPLIED WARRANTY OF MERCHANTABILITY, greets virtually everyone who prepares to use a computer software product. Software publishers disclaim the implied warranty of merchantability because they do not know what they might be promising if they give it. Though the disclaimer is routine, software publishers have little interest in needlessly eroding confidence in the quality of their products by conspicuously disclaiming a warranty with which their products may well comply. Disclaimers feed suspicion, voiced by industry critics, that software publishers care little about software quality or standing behind their products. Nonetheless, …

The Emerging Law Of Electronic Commerce, Amelia H. Boss, Jane Kaufman Winn

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Although often not apparent to the average business person or even the average lawyer, changes are currently underway, both domestically and internationally, to adapt existing commercial law doctrines to accommodate electronic transactions and the technologies that underlie them. The Uniform Commercial Code (Code) is undergoing substantial revision in order to respond to changes in business practice and the use of electronic communications technologies. These revisions will provide many of the basic rules to support and facilitate electronic commerce, and, to the extent possible, are being coordinated with international efforts in the field.

While progress in the creation of uniform laws …

Messianic Eschatology:Some Redemptive Reflection On Marketing And The Benefits Of A Process Approach, John Murray, Aidan O'Driscoll

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States that a Messianic view of eschatology is one that directs its hopes to a salvatory or vindicating figure, event or philosophy. In applying the eschatology metaphor to marketing, makes the case that, despite apocalyptic forebodings about its shortcomings, marketing’s salvatory prospects are much improved by the adoption of some new concepts and practices. Suggests that it is now productive to add a strongly process-based view of marketing to more traditional perspectives. Comprehending marketing in terms of four core processes - a marketing strategy process, a marketing management process, an order generation, fulfilment and service process, and a new product …

The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill

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The arts constitute a form of cultural consumption that has been relatively neglected in recent academic discourse in comparison to the burgeoning literature of cultural studies dedicated to popular and mass media forms of culture. This emphasis within cultural studies on popular genres over traditional forms of art, what has been labelled its ‘cultural populism’ (Mc Guigan, 1992), systematically emphasises common, ordinary taste and resistant aesthetic strategies while denigrating ‘high culture’ as an elitist, middle class leisure pursuit that has little relevance to most people (Willis, 1990). Going against this populist tide, this chapter argues that an examination of popular …

The Civil Justice Reform Act Conference: A Reporter's View Symposium: Evaluation Of The Civil Justice Reform Act, Carol Rice Andrews

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No abstract provided.

The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School Symposium: The Relevance Of Religion To A Lawyer's Work: An Interfaith Conference: General Responses To The Conference, Steven H. Hobbs

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No abstract provided.

Ethics In The Age Of Entrepreneurship Symposium: Ethical Obligations And Liabilities Arising From Lawyers' Professional Associations, Steven H. Hobbs

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No abstract provided.

Family Businesses And The Business Of Families: A Consideration Of The Role Of The Lawyer Symposium - The Intersecting Institutions Of Marriage: Conflicts And Consequences, Steven H. Hobbs, Fay Wilson Hobbs

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No abstract provided.

The Superior Orders Defense In Legal Ethics: Sending The Wrong Message To Young Lawyers, Carol Rice Andrews

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No abstract provided.

Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder

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The article explores how property and the feminine, as legal fictions, facilitate the creation of subjectivity through the lens of Hegelian philosophy and Lacanian psychoanalysis. It critiques the liberal individual as an insufficient concept for subjectivity, arguing that subjectivity is constructed, not natural. The analysis examines how legal frameworks privilege masculine metaphors, such as possession, while repressing feminine ones, and posits that the pursuit of a perfect market represents a destructive ideal that undermines freedom and subjectivity.

The People: The Least Accountable Branch, Marci A. Hamilton

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No abstract provided.