Digital Commons Network^™

Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein

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No abstract provided.

Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein

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No abstract provided.

The Jurisprudence Of Greed, Eric A. Posner

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Parental Rights, Emily Buss

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Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein

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Reconstructing Family: Constructive Trust At Relational Dissolution, Laura Weinrib

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No abstract provided.

Simlaw 2011, Randal C. Picker

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Legislative Entrenchment: A Reappraisal, Eric A. Posner, Adrian Vermeule

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The Dubious Constitutionality Of The Copyright Term Extension Act, Richard A. Epstein

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Measured Interpretation: Introducing The Method Of Correspondence Analysis To Legal Studies, Bernard E. Harcourt

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Professor Harcourt develops and advocates a method to more rigorously measure and evaluate how qualitative "social meaning" variables relate to legal practices and public policies. The method integrates in-depth qualitative interviews with an experimental free associational component, map analysis of the interviews, and a methodology, correspondence analysis, that remains little known in the United States despite its acceptance in other parts of the world. Correspondence analysis, according to Professor Harcourt, is a tool that allows researchers to visually represent the relationship between structures of social meaning and the contexts and practices within which they are embedded. This method opens up …

Global It/Is Outsourcing: Expectations, Considerations And Implications, Qiyang Chen, Qiang Tu, Binshan Lin

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This paper discusses the issues of global IT/IS outsourcing from four interrelated aspects: forming an appropriate global IT strategy, using proper global IT platforms, managing international data sharing, and surviving the cultural environment. It aims at providing a comprehensive framework for both the global outsourcing providers and clients to fully understand and evaluate the expectations, considerations and implications of global IT/IS outsourcing, so that they can form a successful long-term strategic alliance.

Designing Programming Courses For Et Students, Anthony Trippe

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Rochester Institute of Technology offers a three-course technical programming sequence for Engineering Technology students. All three courses are required for Computer Engineering Technology students. The first two courses are required for Telecommunications ET students. Electrical and Civil ET students are required to take only the first course of the sequence. This paper reviews and discusses the events and experiences associated with the development and initial conduct of this sequence of C++ programming courses. It details how the courses were designed to assist ET students to better succeed in higher level courses taken later in their program sequence. Foundation elements of …

Exploring Paths To Recovery For Osha Whistleblowers: Section 11(C) Of The Oshact And The Public Policy Tort, Monique C. Lillard

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Is There A Constitutional Right To Clone?, Cass R. Sunstein

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Philippic.Com, Cass R. Sunstein

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A recent trend in so-called "second generation" legal commentary about the Internet suggests that, though it is an unparalleled communication medium and a means of engaging in global e-commerce, it is not an unmitigated force for good. Instead, the Net poses a fundamental danger to democracy. This trend takes shape in works by well-known cyberlaw theorists like Lawrence Lessig, Andrew Shapiro, and Neil Weinstock Netanel, but the most recent and most troubling criticism lies in Professor Cass Sunstein 's Republic.com. In this book, Professor Sunstein argues that perfect filtering of information on the Internet will lead to a fractured communications …

What's Available - Social Influences And Behavioral Economics Empirical Legal Realism: A New Social Scientific Assessment Of Law And Human Behavior, Cass R. Sunstein

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No abstract provided.

Book Review (Reviewing Mary Elizabeth Basile, Jane Fair Bestor, Daniel R. Coquillette & Charles Donahue, Jr., Eds. And Transs., 'Lex Mercatoria' And Legal Pluralism: A Late Thirteenth-Century Treatise And Its Afterlife (1998)), Richard H. Helmholz

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Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday

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The Juvenile Death Penalty And International Law, Curtis A. Bradley

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The United States is almost alone among nations in permitting the execution of juvenile offenders. Citing this fact, along with a variety of legal and historical materials, litigants and scholars are increasingly claiming that the United States’ use of the juvenile death penalty violates international law. This Article examines the validity of this claim,from the perspective of both the international legal system and the U.S. legal system.

Based on a detailed examination of the United States’ interaction with treaty regimes and international institutions since the late 1940s,the Article concludes that the international law arguments against the juvenile death penalty have …

Trips, Pharmaceuticals, Developing Countries, And The Doha Solution, Alan O. Sykes

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No abstract provided.

Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday

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No abstract provided.

Labor And Employment Law At The Millennium: A Historical Review And Critical Assessment, Stephen F. Befort

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This Article uses a historical perspective as a basis to analyze the current state of labor and employment law in the United States. The Article first chronicles the decline in collective governance and the corresponding rise in the governmental regulation of the individual employment relation during the past 50 years, and attempts to ascertain the socio-economic forces contributing to this evolution. The Article then critiques the current state of workplace legal rules and finds a number of deficiencies in terms of both efficiency and equity. The Article pays particular attention to the impact of globalization and the resulting exacerbation in …

A Control-Based Approach To Shareholder Liability For Corporate Torts, Nina A. Mendelson

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Some commentators defend limited shareholder liability for torts and statutory violations as efficient, even though it encourages corporations to overinvest in and to externalize the costs of risky activity. Others propose pro rata unlimited shareholder liability for corporate torts. Both approaches, however, fail to account fully for qualitative differences among shareholders. Controlling shareholders, in particular, may have lower information costs, greater influence over managerial decisionmaking, and greater ability to benefit from corporate activity. This Article develops a control-based approach to shareholder liability. It first explores several differences among shareholders. For example, a controlling shareholder can more easily curb managerial risk …

Who Should Watch Over Refugee Law?, James C. Hathaway

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We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.

A Very Brief Primer On Bayesian Methods In Evidence, Richard D. Friedman

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I have been asked to write an extremely short explanation of the Bayesian approach to evidentiary issues, for the benefit of those who regard themselves as probabilistically challenged. Although the application of Bayesian probability to evidence has generated a good deal of debate, its use as a heuristic device should not be particularly controversial. Evidence concerns propositions that are uncertain. Accordingly, some concept of probability must play a role. Standards of persuasion, such as "more likely than not" and "beyond a reasonable doubt" are clearly probabilistic, and the definition of relevant evidence, as expressed in Fed. R. Evid. 40 I, …

Building A Foreign Law Collection At The University Of Michigan Law Library, 1910-1960, Margaret A. Leary

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Ms. Leary describes the vision, energy, imagination, and techniques of the dedicated people who built an eminent foreign law collection at the University of Michigan Law Library. She also uses Michigan as an example to illustrate the development of libraries and librarianship nationally.

Legal Knowledge, James Boyd White

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What do we know when we know the law? I asked a rabbi I know how he would answer that question with respect to Jewish law. Does someone know the law when he can repeat the rules that tell him what to do? Or when he can engage in the activity of reading them, sepa­rately or in conjunction with each other, and applying them sensibly to new circumstances? Is even that enough? My friend said it was not: he must know who he is in relation to the law, both as an individual and as a member of a people; …

How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White

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I want to start today with an account of the way lawyers think and speak, and then ask whether it might be useful for the theologically minded to take these practices and procedures seriously as a ground of comparison from which to look at their own. In doing this I shall look at the practice of law with an emphasis not on its social effects or ethical difficulties but on the nature of the activity itself, viewed from the inside, asking in particular what kind of knowledge it requires and creates in its practitioner. What does the lawyer learn from …

Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony, Richard D. Friedman

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Recently, the Supreme Court declined to pass on to Congress a proposed change to Federal Rule of Criminal Procedure 26 submitted to it by the Judicial Conference. In this Article, Professor Friedman addresses this proposal, which would allow for more extensive use of remote, video-based testimony at criminal trials. He agrees with the majority of the Court that the proposal raised serious problems under the Confrontation Clause. He also argues that a revised proposal, in addition to better protecting the confrontation rights of defendants, should include more definite quality standards, abandon its reliance on the definition of unavailability found in …

A Footnote For Jack Dawson, James J. White, David A. Peters

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Jack Dawson, known to many at Michigan as Black Jack, taught at the Law School from 1927 to 1958. Much of his work was published in the Michigan Law Review, where he served as a student editor during the 1923-24 academic year. We revisit his work and provide a footnote to his elegant writing on mistake and supervening events. In Part I, we talk a little about Jack the man. In Part II, we recite the nature and significance of his scholarly work. Part III deals briefly with the cases decided in the last twenty years by American courts on …