Legal Pluralism In Post-Colonial Africa: Linking Statutory And Customary Adjudication In Mozambique, David Pimentel

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No abstract provided.

Towards A Decision Making Model For City Break Travel, Gerard Dunne, Sheila Flanagan, Joan Buckley

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Purpose

The purpose of this paper is to examine the city break travel decision and in particular to develop a decision making model that reflects the characteristics of this type of trip taking.

Method

The research follows a sequential mixed methods approach consisting of two phases. Phase One involves a quantitative survey of 1,000 visitors to Dublin, from which city break and non city break visitor cohorts are separated and compared. Phase Two entails a qualitative analysis (involving 40 in-depth interviews) that specifically examines the decision making behaviour of city break visitors.

Findings

City break trips were shown to be …

Federal Disability Discrimination Law And The Toxic Workplace: A Critique Of Ada And Section 504 Case Law Addressing Impairments Caused Or Exacerbated By The Work Environment, John E. Rumel

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No abstract provided.

But That Is Absurd! Why Specific Absurdity Undermines Textualism, Linda Jellum

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No abstract provided.

Big Law And Risk Management: Case Studies Of Litigation, Deals, And Diversity, Anthony V. Alfieri

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No abstract provided.

Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave

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Sexually violent predator (SVP) laws are inherently suspicious because they continue to incarcerate people not because of what they have done, but because of what they might do. I focus on three major criticisms of the laws. First, I use recent recidivism data to challenge the core motivation for the SVP laws-that sex offenders are monsters who cannot control themselves. Second, I situate the laws theoretically as examples of what Feeley and Simon call the "new penology." I argue that the SVP laws show the limited promise of the new penology—that we can use science to predict risk accurately--because the …

Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer

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No abstract provided.

The United States Court Of Appeals For Veterans Claims: Has It Mastered Chevron's Step Zero?, Linda Jellum

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No abstract provided.

The Evolutionary Biology Of Fungi And Fraud, Wendy Gerwick Couture

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In this Article, the authors-a law professor and a biologist-offer a fresh perspective on the use of broad federal fraud statutes to combat fraud by drawing a comparison with the use of multi-site fungicides to combat plant disease. Multi-site fungicides are effective at preventing the evolution of resistant strains of fungi, but they are subject to increased regulatory scrutiny amid concerns about off-target toxicity. Similarly, broad fraud statutes serve as a stopgap to prevent the evolution of new types of fraud, but they are widely criticized as unduly vague and as interfering with the operation of specific fraud statutes. Biologists' …

Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren

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There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …

India's Evolving Patent Laws And The Wto Obligations: The Rejection Of Abbott Laboratories' Application For A New Kaletra Patent, Adam S. Chilton

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No abstract provided.

Direct Democracy: Government Of The People, By The People, And For The People, Richard A. Epstein

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No abstract provided.

The Constitutionality Of Proposition 8, Richard A. Epstein

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No abstract provided.

Heller's Gridlock Economy In Perspective: Why There Is Too Little, Not Too Much Private Property, Richard A. Epstein

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This Article critiques Michael Heller's important contribution in The Gridlock Economy. At no point does this Article take the position that gridlock, or the associated anticommons, is not a serious issue in the design of a legal system. But gridlock is not the major source of social dislocation; nor is private ownership the major source of gridlock. More concretely, this Article examines the other important sources of economic distortion that are unrelated to economic gridlock from private action. These include the use of excessive government subsidies (as with health care); misguided government licenses (as with broadcast licenses); the unwise use …

Insider Trading And Ceo Pay, M. Todd Henderson

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This Article presents evidence showing that boards of directors "bargain" with executives about the profits they expect to make from trades in firm stock. The evidence suggests that executives whose trading freedom increased using Rule 10b5-1 trading plans experienced reductions in other forms of pay to offset the potential gains from trading. There are two potential benefits from trading-portfolio optimization and informed trading profits--and this Article allows us to isolate them. The data show that boards pay executives in a way that reflects the profits they are expected to earn from informed trades. It also casts some doubt on the …

Reducing Mass Incarceration: Lessons From The Deinstitutionalization Of Mental Hospitals In The 1960s, Bernard E. Harcourt

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No abstract provided.

After Gender The Destruction Of Man - The Vatican's Nightmare Vision Of The 'Gender Agenda' For Law, Mary Anne Case

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No abstract provided.

Breakdown Of The Social Democratic State: Taking A Fresh Look At Waldron's Dignity, Rights, And Responsibilities, Richard A. Epstein

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No abstract provided.

Fixing Unfair Contracts, Omri Ben-Shahar

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Various doctrines of contract and consumer protection law allow courts to strike down unfair contract terms. A large literature has explored the question which terms should be viewed as unfair, but a related question has never been studied systematically-what provision should replace the vacated unfair term? How should a distributively unfair contract be fixed? This Article demonstrates that the law uses three competing criteria for a replacement provision: (1) the most reasonable term; (2) a punitive term, strongly unfavorable to the overreaching party; and (3) the minimally tolerable term, which preserves the original term as much as is tolerable. The …

The Failure Of Mandated Discourse, Omri Ben-Shahar, Carl E. Schneider

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This Article explores the spectacular prevalence, and failure, of the single most common technique for protecting personal autonomy in modern society: mandated disclosure. The Article has four Parts: (1) a comprehensive summary of the recurring use of mandated disclosures, in many forms and circumstances, in the areas of consumer and borrower protection, patient informed consent, contract formation, and constitutional rights; (2) a survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions; (3) an account of the multitude of reasons mandated disclosures fail, focusing on the political dynamics underlying …

Universal Exceptionalism In International Law, Anu Bradford, Eric A. Posner

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A trope of international law scholarship is that the United States is an "exceptionalist" nation, one that takes a distinctive (frequently hostile, unilateralist, or hypocritical) stance toward international law. However, all major powers are similarly "exceptionalist," in the sense that they take distinctive approaches to international law that reflect their values and interests. We illustrate these arguments with discussions of China, the European Union, and the United States. Charges of international-law exceptionalism betray an undefended assumption that one particular view of international law (for scholars, usually the European view) is universally valid.

Failing Juvenile Courts And What Lawyers And Judges Can Do About It, Emily Buss

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No abstract provided.

Enforcing Bargains In An Ongoing Marriage, Mary Anne Case

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No abstract provided.

The Constitutional Paradox Of The Durbin Amendment: How Monopolies Are Offered Constitutional Protections Denied To Competitive Firms, Richard A. Epstein

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The Durbin Amendment is the first of the major provisions of the Dodd-Frank Act to have been implemented-but only after it withstood a constitutional challenge on the basis of the Takings Clause in the U.S. Court of Appeals for the Eighth Circuit. Now that the Amendment has taken effect, this Article addresses the false economic logic that led to its passage and the dubious arguments used to sustain its constitutionality. On the first issue, the supporters of the Durbin Amendment denounced the highly effective debit card system as a form of cartelization of the industry, which yields excessive returns to …

Of Pleading And Discovery: Reflections On Twombly And Iqbal With Special Reference To Antitrust, Richard A. Epstein

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This Essay explores the evolving influence of Twombly and Iqbal on modern antitrust litigation. The author argues that any proposed statutory repudiation of Twombly and Iqbal is premature. He also develops a model that calls for a periodic reevaluation of the overall strength of a plaintiffs case to see if a final motion dismissing the case or some part thereof is appropriate before discovery runs its course. That approach should be followed in a limited number of big cases. The key to the successful judicial administration of discovery is to require that plaintiffs gather publicly available information in order to …

Citizens United V. Fec: The Constitutional Right That Big Corporations Should Have But Do Not Want, Richard A. Epstein

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No abstract provided.

Branded Versus Generic Competition - A Kind Word For The Branded Drugs, Richard A. Epstein

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No abstract provided.

Climate Regulation And The Limits Of Cost-Benefit Analysis, Jonathan Masur, Eric A. Posner

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Over the past two years U.S. regulatory agencies have issued fourteen regulations that take into account the effect of industrial activities and products on the global climate. The regulatory activity so far has already set precedents on which future regulation will rest. Yet despite the potentially momentous consequences, it has received no comment in the law review literature. This Article examines the record of these agencies and criticizes the methods they have used to calculate the social cost of carbon emissions. We also develop a larger theme about the relationship between cost-benefit analysis and politics. The best case for cost-benefit …

Rethinking The Interest-Convergence Thesis, Justin Driver

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No abstract provided.

Questioning The Frequency And Wisdom Of Compulsory Licensing For Pharmaceutical Patents, Richard A. Epstein, F. Scott Kieff

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Many advocates for using compulsory licensing (CL) for pharmaceutical patents in developing countries like Thailand rest their case in part on the purported use of CL in the United States. In this Article we take issue with that proposition on several grounds. As a textual matter, the "commercially reasonable terms" language in Article 31 of TRIPS, even when qualified by the Doha declaration, prevents any host nation from using whatever royalties it wants in its CL arrangements, especially those that are below marginal cost. As a theoretical matter, we argue that the basic presumption in favor of voluntary licenses for …