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Wealth Without Markets? (Reviewing Yochai Benkler, The Wealth Of Networks: How Social Production Transforms Markets And Freedom (2006)), Lior Strahilevitz Jan 2007

Wealth Without Markets? (Reviewing Yochai Benkler, The Wealth Of Networks: How Social Production Transforms Markets And Freedom (2006)), Lior Strahilevitz

Articles

No abstract provided.


Gaps In International Legal Literature: Skeptical Reappraisal, Lyonette Louis-Jacques Jan 2007

Gaps In International Legal Literature: Skeptical Reappraisal, Lyonette Louis-Jacques

Articles

No abstract provided.


On Wal-Mart: Doing Good By Doing Nothing, Richard A. Epstein Jan 2007

On Wal-Mart: Doing Good By Doing Nothing, Richard A. Epstein

Articles

The major success of Wal-Mart has brought forth an unprecedented amount of criticism of the firm and its business practices. In this Article I subject Wal-Mart's critics to the same scrutiny that they bring to the firm itself, and conclude that virtually all of their charges are overblown and misdirected. In emphasizing the supposed dislocations that Wal-Mart's has had on the settled expectations of certain communities, the critics fail to take into account the positive benefits that the firm supplies its customers in the form of quality goods at low prices and the positive spillovers they provide by revitalizing poor …


Timing Rules And Legal Institutions, Jacob Gersen, Eric A. Posner Jan 2007

Timing Rules And Legal Institutions, Jacob Gersen, Eric A. Posner

Articles

Constitutional and legislative restrictions on the timing of legislation and regulation are ubiquitous, but these "timing rules" have received little attention in the legal literature. Yet the timing of a law can be just as important as its content. The timing of a law determines whether its benefits are created sooner or later. This determines how the costs and benefits are spread across time, and hence how they are distributed to the advantage or disadvantage of different private groups, citizens, and governmental officials. We argue that timing rules are, and should be, used to reduce agency problems within the legislature …


Paying Ceos In Bankruptcy: Executive Compensation When Agency Costs Are Low, M. Todd Henderson Jan 2007

Paying Ceos In Bankruptcy: Executive Compensation When Agency Costs Are Low, M. Todd Henderson

Articles

No abstract provided.


Posner On Beanie Babies, William M. Landes Jan 2007

Posner On Beanie Babies, William M. Landes

Articles

No abstract provided.


A Theory Of Deception And Then Of Common Law Categories, Saul Levmore Jan 2007

A Theory Of Deception And Then Of Common Law Categories, Saul Levmore

Articles

No abstract provided.


Judging Deception, Saul Levmore Jan 2007

Judging Deception, Saul Levmore

Articles

No abstract provided.


Parental Leave And American Exceptionalism, Saul Levmore Jan 2007

Parental Leave And American Exceptionalism, Saul Levmore

Articles

No abstract provided.


Development Of An Intermodal Network For Freight Transportation Analysis, Aaron Falzarano, Sai Ketha, J. Scott Hawker Jan 2007

Development Of An Intermodal Network For Freight Transportation Analysis, Aaron Falzarano, Sai Ketha, J. Scott Hawker

Articles

This paper describes a process for creating an intermodal freight transportation network within ArcGIS. In this process, ArcGIS Network Analyst is used to create an intermodal network and conduct optimal route analysis for various network attributes. In particular, the paper demonstrates how users can integrate highway, rail, waterway, and transit facility data from sources such as the National Transportation Atlas Database, as well as discusses existing database limitations to network analyses. We illustrate this network development using a case study that analyzes freight traffic along the U.S. Eastern Seaboard.


Intermodal Transportation Network Custom Evaluators For Environmental Policy Analysis, J. Scott Hawker, Aaron Falzarano, Sai Ketha Jan 2007

Intermodal Transportation Network Custom Evaluators For Environmental Policy Analysis, J. Scott Hawker, Aaron Falzarano, Sai Ketha

Articles

We are leveraging the power of GIS-based transportation network analysis to provide tools for public policy analysts to understand the environmental impact trade-offs of intermodal transportation networks that integrate truck, rail, and inter-coastal waterway modes of transportation. We will describe the environmental policy analysis problem, the intermodal network model, and the creation of environmental network attributes and custom attribute evaluators. We will describe what drove our choice to use C# and the Microsoft .NET framework to design and develop evaluators that access external data from relational databases and that have their own evaluator configuration user interfaces. We will conclude with …


How Do Psychology Researchers Find Studies To Include In Meta-Analyses?, Julie Arendt Jan 2007

How Do Psychology Researchers Find Studies To Include In Meta-Analyses?, Julie Arendt

Articles

Meta-analysis is a technique used in a variety of disciplines to combine and summarize the findings of previous research. One step in the production of a meta-analysis is a thorough literature search for relevant studies. A variety of methods can be used to increase the number of studies that are found. This study examines the extent to which some of these steps were taken in meta-analyses published in American Psychological Association in journals in 2004. Some techniques were applied in almost all of the meta-analyses, and other techniques were applied in few of the meta-analyses. Implications of these results for …


Subject Access Points In The Marc Record And Archival Finding Aid: Enough Or Too Many?, Elizabeth J. Cox, Leslie Czechowski Jan 2007

Subject Access Points In The Marc Record And Archival Finding Aid: Enough Or Too Many?, Elizabeth J. Cox, Leslie Czechowski

Articles

In this research project the authors set out to discover the current practice in both the archival and cataloging worlds for usage of access points in descriptive records and to learn how archival descriptive practices fit into long-established library cataloging procedures and practices. A sample of archival finding aids and MARC records at 123 Association of Research Libraries (ARL) institutions were examined to determine if finding aids and catalog records had the same or similar number of access points. The research also provided additional data regarding description of archival materials in these libraries.


Divorce Reform: Rights Protections In The New Swaziland, Tamar Ezer, Aisha Glasford, Elizabeth Hollander, Lakeisha Poole, Grant Rabenn, Alexandria Tindall Jan 2007

Divorce Reform: Rights Protections In The New Swaziland, Tamar Ezer, Aisha Glasford, Elizabeth Hollander, Lakeisha Poole, Grant Rabenn, Alexandria Tindall

Articles

No abstract provided.


The Paradox Of Hierarchy - Or Why We Always Choose The Tools Of The Master's House, Zanita E. Fenton Jan 2007

The Paradox Of Hierarchy - Or Why We Always Choose The Tools Of The Master's House, Zanita E. Fenton

Articles

No abstract provided.


Faith In Community: Representing "Colored Town", Anthony V. Alfieri Jan 2007

Faith In Community: Representing "Colored Town", Anthony V. Alfieri

Articles

No abstract provided.


Peer Review And Publication: Lessons For Lawyers, Susan Haack Jan 2007

Peer Review And Publication: Lessons For Lawyers, Susan Haack

Articles

No abstract provided.


Cost-Benefit Analysis Without Analyzing Costs Of Benefits: Reasonable Accommodation, Balancing, And Stigmatic Harms, Cass R. Sunstein Jan 2007

Cost-Benefit Analysis Without Analyzing Costs Of Benefits: Reasonable Accommodation, Balancing, And Stigmatic Harms, Cass R. Sunstein

Articles

Is an accommodation "reasonable" under the Americans with Disabilities Act if and only if the benefits are roughly proportional to the costs? How should benefits and costs be assessed? Should courts ask how much disabled employees are willing to pay to obtain the accommodation, or instead how much they would have to be paid to forego the accommodation? How should stigmatic or expressive harms be valued? This Essay, written for a celebration of the work of Judge Richard A. Posner, engages these questions in a discussion of an important opinion in which Judge Posner denied accommodations involving the lowering of …


Of Montreal And Kyoto: A Tale Of Two Protocols, Cass R. Sunstein Jan 2007

Of Montreal And Kyoto: A Tale Of Two Protocols, Cass R. Sunstein

Articles

No abstract provided.


World Vs. The United States And China - The Complex Climate Change Incentives Of The Leading Greenhouse Gas Emitters, The, Cass R. Sunstein Jan 2007

World Vs. The United States And China - The Complex Climate Change Incentives Of The Leading Greenhouse Gas Emitters, The, Cass R. Sunstein

Articles

It is generally agreed that the world would be better off with an international agreement to control greenhouse gas emissions. But it is not entirely clear that the leading emitters-the United States and China-would be better off with the agreement that would be in the world's interest. The first problem is that as the largest emitters, the United States and China would probably have to bear a disproportionate cost of any significant emissions reduction effort. The second problem is that on prominent projections, the United States and China are unlikely to be the most serious losers from climate change. According …


What Good Is The Social Model Of Disability?, Adam M. Samaha Jan 2007

What Good Is The Social Model Of Disability?, Adam M. Samaha

Articles

A social model of disability relates a person's disadvantage to the combination of personal traits and social setting. The model appears to have had a profound impact on academics, politics, and law since the 1970s. Scholars have debated the model's force but its limitations are more severe than have been recognized. This Article claims that the model, like all social construction accounts, has essentially no policy implications. Its impact depends on normative commitments developed by some other logic, such as membership in the disability rights movement or adherence to versions of libertarian, utilitarian, or egalitarian theory that are triggered by …


Looking Back To See The Future Of Punishment In America, Michael Tonry Jan 2007

Looking Back To See The Future Of Punishment In America, Michael Tonry

Articles

No abstract provided.


Law And Technology: Interactions And Relationships, Daniel J. Gifford Jan 2007

Law And Technology: Interactions And Relationships, Daniel J. Gifford

Articles

The relations between law and technology are both simple and exceedingly complex. At the most elementary level, technology consists in the application of labor to create a product, to generate a service or otherwise to produce a desired result. Technology develops as ways are found to produce new results or to produce old results using fewer or less costly inputs. Law is generally understood to exist as a set of rules adopted by a society's governing institutions that are applicable to all of its inhabitants.' All modern societies have established institutions charged with making determinations about the applicability and interpretations …


Crime, Criminal Justice, And Criminology In The Netherlands, Michael Tonry, Catrien Bijleveld Jan 2007

Crime, Criminal Justice, And Criminology In The Netherlands, Michael Tonry, Catrien Bijleveld

Articles

No abstract provided.


Determinants Of Penal Policies, Michael Tonry Jan 2007

Determinants Of Penal Policies, Michael Tonry

Articles

No abstract provided.


The Region And Taxation: School Finance, Cities, And The Hope For Regional Reform, Myron Orfield Jan 2007

The Region And Taxation: School Finance, Cities, And The Hope For Regional Reform, Myron Orfield

Articles

No abstract provided.


The Minnesota Fiscal Disparities Act Of 1971: The Twin Cities' Struggle And Blueprint For Regional Cooperation, Myron Orfield, Nicholas Wallace Jan 2007

The Minnesota Fiscal Disparities Act Of 1971: The Twin Cities' Struggle And Blueprint For Regional Cooperation, Myron Orfield, Nicholas Wallace

Articles

No abstract provided.


Anti-Anti-Anti-Paternalism, Claire Hill Jan 2007

Anti-Anti-Anti-Paternalism, Claire Hill

Articles

Is government justified in being paternalistic? To some, the answer is yes - government sometimes knows better than people do what is best for them. If people are allowed unfettered free choice, they will not always be acting in their own best interests. Others, with a more libertarian bent, object that people know what is best for them and, in any event, should be able to do what they choose to do.


Perfectionist Policies In Family Law, Brian H. Bix Jan 2007

Perfectionist Policies In Family Law, Brian H. Bix

Articles

Linda McClain's book, The Place of Families: Fostering Capacity, Equality, and Responsibility, offers a thoughtful approach to government policy in family matters, grounded on what McClain calls “toleration as respect,” in which the government has a role in improving individuals and social institutions, while valuing personal and collective self-government and making a range of choices available. McClain's approach combines elements of liberalism, feminism, and civic republicanism. In the context of considering McClain's proposals regarding marital equality, same-sex marriage, abortion, and sex education, this review essay considers the problem of persuasion and social reform. In a country where many voters and …


Unmitigated Punishment: Adolescent Criminal Responsibility And Lwop Sentences, Barry C. Feld Jan 2007

Unmitigated Punishment: Adolescent Criminal Responsibility And Lwop Sentences, Barry C. Feld

Articles

For more than a century, youth crime policies have oscillated between periods of more lenient treatment and harsher punishment. Justice officials and the public alternatively attributed high crime rates either to ";soft"; rehabilitative policies and advocated ";tougher"; sanctions, or to excessively harsh penalties that failed adequately to treat youths. A century ago, Progressive reformers combined a more modern construction of childhood with a more scientific conception of social control to create a judicial-welfare alternative and to remove children from the adult criminal process. 2 They used juvenile courts to assimilate, ";Americanize,"; and control ";other people's"; children.