Digital Commons Network^™

'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar

Articles

No abstract provided.

Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar

Articles

This Essay explores an alternative to one of the pillars of contract law, that obligations arise only when there is "mutual assent "--when the parties reach consensus over the terms of the transaction. It explores a principle of "no-retraction," under which each party is obligated to terms it manifested and can retract only with some liability. In contrast to the all-or-nothing nature of the mutual assent regime, where preliminary forms of consent are either full-blown contracts or create no obligation, under the no-retraction regime, obligations emerge gradually, as the positions of the negotiating parties draw closer. Further, the no-retraction liability …

Marriage Licenses, Mary Anne Case

Articles

No abstract provided.

Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook

Articles

No abstract provided.

The Constitutional Protection Of Trade Secrets Under The Takings Clause, Richard A. Epstein

Articles

No abstract provided.

Common Interest Tragedies, Lee Anne Fennell

Articles

No abstract provided.

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 …

Citizen Warranties And Majorities, Saul Levmore

Articles

No abstract provided.

Introduction: Brown In The Supreme Court, Dennis J. Hutchinson

Articles

No abstract provided.

Legal Pragmatism Defended, Richard A. Posner

Articles

No abstract provided.

The Perils Of Posnerian Pragmatism, Richard A. Epstein

Articles

No abstract provided.

Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos

Articles

No abstract provided.

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 …

Skepticism And Freedom: The Intellectual Foundations Of Our Constitutional Order, Richard A. Epstein

Articles

No abstract provided.

Bounded Discretion In International Judicial Lawmaking, Tom Ginsburg

Articles

No abstract provided.

Adjudicating In Anarchy: An Expressive Theory Of International Dispute Resolution, Tom Ginsburg, Richard H. Mcadams

Articles

Frequent compliance with the adjudicative decisions of international institutions, such as the International Court of Justice (ICJ), is puzzling because these institutions do not have the power domestic courts possess to impose sanctions. This Article uses game theory to explain the power of international adjudication via a set of expressive theories, showing how law can be effective without sanctions. When two parties disagree about conventions that arise in recurrent situations involving coordination, such as a convention of deferring to territorial claims of first possessors, the pronouncements of third-party legal decision makers-adjudicators--can influence their behavior in two ways. First, adjudicative expression …

Corporate Heroin: A Defense Of Perks, Executive Loans, And Conspicuous Consumption, M. Todd Henderson, James C. Spindler

Articles

We argue that firms undertake to reduce employee savings in order to avoid final period problems that occur when employees accumulate enough wealth to retire and leave the industry. Normally, reputation constrains employee behavior, since an employee who "cheats" at one firm will then find herself unable to get a job at another However, employees who have saved such that they no longer care about continued employment will act opportunistically in the final periods of employment, which can destroy much or all of the surplus otherwise created by the employment relationship. We believe that this sort of final period cheating …

Child Sexual Abuse In Tanzania And Kenya, Kevin Lalor

Articles

Objective. Most research on child abuse in Tanzania and Kenya is unpublished in the international literature. The purpose of this paper is to examine the various commentaries and reports extant, towards an overview of the nature and frequency of child sexual abuse in Tanzania and Kenya. Methods. Contacts were made with academics, government departments, NGOs and UN agencies. This was followed by a field trip in the summer of 2001 where all available reports were examined and a wide range of interviews conducted. Results. Little empirical data exist on child sexual abuse in Tanzania. It is widely perceived that it …

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

Articles

No abstract provided.

Integrated Sustainability In The Pharmaceutical Industry, Jennifer Schneider, Thea Leonard

Articles

The main goal of pharmaceutical companies is to create and deliver medicines designed to extend or enhance life. However—also being in the business of business—pharmaceutical companies need to grow their bottom lines by investing in business value drivers. This article shows sustainability performance as one of those drivers by demonstrating that: 1) the concept of integrated sustainability is generally understood; and 2) pharmaceutical companies taking action to integrate sustainability are reaping significant business value added. Since there are currently no standardized methods of integrating, measuring, or communicating sustainability, pharmaceutical companies are relying on self-interpretations of voluntary initiatives to successfully integrate …

Benchmark Report Of The Occupational Safety And Health Administration (Osha) Voluntary Protection Program (Vpp) And The Safety And Health Achievement Recognition Program (Sharp), Jennifer Schneider, Kitren Vanstrander, Joseph Brandine

Articles

Small businesses are faced with barriers when it comes to safety and health management. Unlike larger companies, they may not have the expertise or resources necessary to build effective programs. The goal of this study is to gather information about what motivates small businesses to implement safety & health management systems and identify any issues/barriers that are unique to small-sized companies. Members of the Voluntary Protection Program Participants Association (VPPPA) and the Safety and Health Achievement Recognition Program (SHARP) were selected for the survey because they have already been through the process of implementing safety & health management systems and …

Why Am I Enrolled In The Imaging And Photographic Technology Program?, Andrew Davidhazy

Articles

A brief overview of RIT's Imaging and Photographic Technology program/department where I am a faculty member and why a student might choose this as a program of study.

Entrepreneurial Open Source Software Hackers: Mysql And Its Dual Licensing, Robert W. Gomulkiewicz

Articles

Hackers often quibble about commercializing software, yet most willreadily sell their programming services. Richard Stallman, the father of free software, has always recognized that hackers have a right to make money. Aside from selling programming services, however, Stallman's disciples seem to frown upon commercializing software. Other hackers, labeling themselves "open source" developers, have warmed to the possibility that free software may be profitable.

This article describes one of the most promising business models for hackers, called "dual licensing." In this model, hackers offer the same code under two different licenses: a commercial license and an open source license. Licensees who …

Pari Passu And A Distressed Sovereign's Rational Choices, William Wilson Bratton

Articles

No abstract provided.

Valuing Life: A Plea For Disaggregation, Cass R. Sunstein

Articles

Each government agency uses a uniform figure to measure the value of a statistical life (VSL). This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. According to that theory, VSL should vary across risks. More controversially, VSL should vary across individuals-even or especially if the result would be to produce a lower number for some people than for others. One practical implication is that a higher value should be given to programs that reduce cancer risks. Another is that government should use a higher VSL for programs that …

Constitutive Commitments And Roosevelt's Second Bill Of Rights: A Dialogue, Cass R. Sunstein, Randy E. Barnett

Articles

No abstract provided.

Liberty After Lawrence, Cass R. Sunstein

Articles

No abstract provided.

Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein

Articles

In protecting safety, health, and the environment, government has increasingly relied on cost-benefit analysis. In undertaking cost-benefit analysis, the government has monetized risks of death through the idea of the value of a statistical life (VSL), currently assessed at about $6.1 million. But the government should rely instead on the value of a statistical life-year (VSLY), in a way that would likely result in lower benefits calculations for elderly people, and higher benefits calculations for children. The hard question involves not whether to undertake this shift, but how to monetize life-years, and here willingness to pay (WTP) is generally the …

The Right To Marry, Cass R. Sunstein

Articles

The Supreme Court has said that there is a constitutional "right to marry"; but what can this possibly mean? People do not have a right to marry their dog, their aunt, June 29, a rose petal, or a sunny day. This essay attempts to make some progress in understanding both the content and the scope of the right to marry. With respect to content, it concludes that people have no more and no less than this: a right of access to whatever expressive and material benefits the state now provides for the institution of marriage. It follows that the right …

Mcconnell V. Federal Election Commission: A Deadly Dose Of Double Deference, Richard A. Epstein

Articles

No abstract provided.