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Marriage Licenses, Mary Anne Case Jan 2004

Marriage Licenses, Mary Anne Case

Articles

No abstract provided.


Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook Jan 2004

Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook

Articles

No abstract provided.


Common Interest Tragedies, Lee Anne Fennell Jan 2004

Common Interest Tragedies, Lee Anne Fennell

Articles

No abstract provided.


Is Land Special?, Eduardo Peñalver Jan 2004

Is Land Special?, Eduardo Peñalver

Articles

This article critiques the Court's attempt to cabin the Lucas "per se" takings rule by limiting it to real property. It argues that the distinction between real and personal property cannot be justified by history or the differing expectations of property owners. It then applies five theoretical frameworks (libertarian, personhood, utilitarian, public choice, and Thomistic-Aristotelian natural law) and finds that none of them supports the jurisprudential distinction between real and personal property. As a result, the article argues that "because the distinction between personal and real property is an unprincipled one, it cannot save the Court from the unpalatable implications …


The Law And Economics Of Contract Interpretation, Richard A. Posner Jan 2004

The Law And Economics Of Contract Interpretation, Richard A. Posner

Articles

Contract interpretation is an understudied topic in the economic analysis of contract law. This Article combines simple formal analysis of the tradeoffs involved in interpretation with applications to the principal doctrines of contract interpretation, including the 'four corners" rule, mutual mistake, contra proferentum, and what I call the (informal but very important) rule of "extrinsic nonevidence." Gap filling is distinguished, and the relativity of interpretive doctrines to the interpretive medium-jurors, arbitrators, and judges in different kinds of judicial systems-is emphasized.


The Integration Of Tax And Spending Programs, David A. Weisbach, Jacob Nussim Jan 2004

The Integration Of Tax And Spending Programs, David A. Weisbach, Jacob Nussim

Articles

No abstract provided.


The Perils Of Posnerian Pragmatism, Richard A. Epstein Jan 2004

The Perils Of Posnerian Pragmatism, Richard A. Epstein

Articles

No abstract provided.


In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein Jan 2004

In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein

Articles

The traditional forms of public health law were directed largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it affects large numbers of individuals, and this definition includes such matters as obesity and diabetes. This paper examines the historical and constitutional evolution of the public health principle as it moved from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could …


Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein Jan 2004

Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein

Articles

No abstract provided.


Transforming Legal Education In Japan And Korea, Tom Ginsburg Jan 2004

Transforming Legal Education In Japan And Korea, Tom Ginsburg

Articles

No abstract provided.


Bounded Discretion In International Judicial Lawmaking, Tom Ginsburg Jan 2004

Bounded Discretion In International Judicial Lawmaking, Tom Ginsburg

Articles

No abstract provided.


On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard E. Harcourt Jan 2004

On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard E. Harcourt

Articles

No abstract provided.


To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison Lacroix Jan 2004

To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison Lacroix

Articles

No abstract provided.


Ideatools Courseware Fosters Librarian-Faculty Collaboration, Joan Naturale, Simon Ting, Pamela Conley Jan 2004

Ideatools Courseware Fosters Librarian-Faculty Collaboration, Joan Naturale, Simon Ting, Pamela Conley

Articles

No abstract provided.


Small Business Case Studies: Application Of Safety & Health Management Systems, Jennifer Schneider Jan 2004

Small Business Case Studies: Application Of Safety & Health Management Systems, Jennifer Schneider

Articles

No abstract provided.


Evaluation Of Ten Psychometric Criteria For Circumplex Structure, G. Scott Acton, William Revelle Jan 2004

Evaluation Of Ten Psychometric Criteria For Circumplex Structure, G. Scott Acton, William Revelle

Articles

This study tested for sensitivity to circumplex structure in six existing and four new psychometric criteria that assess the circumplex properties of interstitiality, equal spacing, constant radius, and no preferred rotation. Simulations showed one criterion to be sensitive to equal versus unequal axes(Fisher Test) and four to be sensitive to interstitiality versus simple structure (Gap Test, Variance Test 2, Rotation Test, and Minkowski Test). Five criteria were ineffective (Squared Loadings Index, Gap* Test, Gap Difference Test, Cosine Difference Test, and Variance Test 1). Deviation scoring improved the effectiveness of most criteria and is thus recommended for assessing circumplex structure. This …


Citizenship, Standing, And Immigration Law, Adam B. Cox Jan 2004

Citizenship, Standing, And Immigration Law, Adam B. Cox

Articles

Courts and commentators typically evaluate constitutional immigration law from the perspective of aliens. But that approach pays insufficient attention to the ways immigration law affects the interests and rights of citizens. In particular, an alien-centered approach fails to consider the central role immigration law plays in national self-definition and, consequently, ignores the possibility that immigration law may injure citizens by defining the national political community in constitutionally impermissible ways. Considering federal immigration law from the perspective of citizens, this Article demonstrates that immigration policy, which contemporary constitutional doctrine largely insulates from attack, should not be immune to challenges by citizens. …


Varieties Of Youth Justice, Anthony Doob, Michael Tonry Jan 2004

Varieties Of Youth Justice, Anthony Doob, Michael Tonry

Articles

No abstract provided.


The Wrong Way To Equality: Privileging Consent In The Trafficking Of Women For Sexual Exploitation, Beverly Balos Jan 2004

The Wrong Way To Equality: Privileging Consent In The Trafficking Of Women For Sexual Exploitation, Beverly Balos

Articles

Chamoli lived near the birthplace of the Buddha in Nepal. When she was 16, she met a young man and fell in love with him. He promised to marry her but insisted that she come away with him to India. So one day she ran away with the boyfriend and crossed the border to India on foot. From there she and her boyfriend took a train to the Indian city of Poona. Once they had reached Poona, Chamoli was taken to a house where there was an older Nepali lady and many young girls. The lady gave her boyfriend some …


The Unknown Past Of Lawrence V. Texas, Dale Carpenter Jan 2004

The Unknown Past Of Lawrence V. Texas, Dale Carpenter

Articles

On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Garner having anal sex. This violated the Texas Homosexual Conduct law,3 and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights.


The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff Jan 2004

The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff

Articles

In 2000 the United Nations Sub-Commission on the Promotion and Protection of Human Rights adopted a resolution raising concerns about the consistency of international intellectual property protections and human rights norms. This article summarises human rights norms relevant to intellectual property and the pertinent aspects of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which overlap or potentially conflict. The article provides several examples of potential conflict and how they might be resolved. The article demonstrates that the Sub-Commission resolution helped to initiate a major international discussion and some action on the relationship between human rights and intellectual property.


The Limits Of Business Limited Liability: Entity Veil Piercing And Successor Liability Doctrines, John Matheson Jan 2004

The Limits Of Business Limited Liability: Entity Veil Piercing And Successor Liability Doctrines, John Matheson

Articles

The quest for limited liability in business enterprises and transactions has been a driving force in the development of business organization law for centuries. The historical development of corporations and limited partnerships evidences this primary goal. The recent development of the modern forms of limited liability partnerships and limited liability companies proves that this quest continues unabated. In addition, parties to significant business transfer transactions have long sought by construct and contract to apportion and limit their respective legal responsibilities and liabilities.Counterbalancing this inexorable trend toward limited liability has been the penchant of common law jurisprudence to define its limits. …


Dit-Call: Naturally Speaking But Slow, Dermot Campbell, Marty Meinardi, Bunny Richardson, Eugene Coyle, Olivia Donnellan, Pak Kui Leung, Ciaran Macdonaill, Elmar Jung, Charles Pritchard Jan 2004

Dit-Call: Naturally Speaking But Slow, Dermot Campbell, Marty Meinardi, Bunny Richardson, Eugene Coyle, Olivia Donnellan, Pak Kui Leung, Ciaran Macdonaill, Elmar Jung, Charles Pritchard

Articles

This paper introduces a new development in speech technology and describes its planned application in an EFL context. Special attention is paid to the pedagogical potential of the resultant language tool.


The Fair City Production Line: An Examination Of Soap Opera’S Potential Contribution To The Public Sphere, Edward Brennan Jan 2004

The Fair City Production Line: An Examination Of Soap Opera’S Potential Contribution To The Public Sphere, Edward Brennan

Articles

Between December 2000 and February 2001 the Irish soap opera Fair City ran an unprecedented, risky and controversial abortion storyline. This came before a looming referendum on the legality of abortion. Here, Fair City was not just offering entertainment, but provoking debate and discussion on a divisive issue in Irish society. In this case, and many others, it appears that soap opera, by promoting such discussion, may contribute to the formation of public opinion in contemporary civil society. Heretofore, most academic studies have overlooked the possible consequences of soap opera for civil society, public opinion and the democratic process. This …


Henrietta Street Conservation Plan, Shaffrey Associates (Architects), John Montague Dr., Carrig Conservation Ltd., Tracy Pickerill, Lee Mccullough & Partners (Engineers), Boylan Farrelly (Quantity Surveyors) Jan 2004

Henrietta Street Conservation Plan, Shaffrey Associates (Architects), John Montague Dr., Carrig Conservation Ltd., Tracy Pickerill, Lee Mccullough & Partners (Engineers), Boylan Farrelly (Quantity Surveyors)

Articles

The objectives behind the Henrietta Street Conservation Plan are to re-affirm the significance of Henrietta Street; to identify the issues that undermine the importance of the street and to set out policies aimed at protecting the aspects of the street which are of importance into the future.Dublin City Council & The Heritage Council


When We Say UsTm, We Mean It!, A. Michael Froomkin Jan 2004

When We Say UsTm, We Mean It!, A. Michael Froomkin

Articles

No abstract provided.


Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam Jan 2004

Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam

Articles

In comparative constitutional discourse, Americans are from Mars and Europeans from Venus; we eagerly tell our European counterparts about the U.S. constitutional experience, but rarely do we listen when they talk to us about their own. Whereas Europeans routinely examine U.S. constitutionalism as an illuminating point of comparison or contrast, as Americans, we seem convinced that we have nothing to learn from looking abroad. This Article challenges that assumption. In particular, it argues that American courts and scholars have overlooked an important alternative to the dominant interpretation of the division of powers in the United States by ignoring the theory …


Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White Jan 2004

Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White

Articles

This Essay is a slightly expanded version of the inaugural Mellinkoff Lecture in Law and Humanities, presented at the UCLA School of Law last April in honor of the memory of Professor David Mellinkoff, the distinguished author of ground-breaking work on the nature of legal language. It addresses four related questions. What is the nature of the kind of speech and expression that realizes most completely the human capacity for finding and expressing meaning? How does our own world of public speech measure up to that standard? How, indeed, does our own talk in the law measure up, especially our …


Schooling Expectations, James Boyd White Jan 2004

Schooling Expectations, James Boyd White

Articles

On the evening before graduation the University of Michigan Law School holds a convocation for all the students receiving honors, ranging from the top grades in particular classes to the top awards we give for scholarship, character, and public service. The students attend with their family and friends. The piece that follows is a part of the talk given in May 2004 to such a convocation.


Threatening An Irrational Breach Of Contract, Oren Bar-Gill, Omri Ben-Shahar Jan 2004

Threatening An Irrational Breach Of Contract, Oren Bar-Gill, Omri Ben-Shahar

Articles

When circumstances surrounding the contract change, a party might consider breach a more attractive option than performance. Threatening breach, this party may induce the other party to modify the original agreement. The contract law doctrine of modification determines whether and when these modifications are enforceable. To promote social welfare as well as the interests of the threatened party, the law should enforce modifications if and only if the modification demand is backed by a credible threat to breach. This paper argues that credibility is not a function of pecuniary interests alone. A decision to breach can be motivated also by …