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Articles 6181 - 6210 of 7470
Full-Text Articles in Entire DC Network
Switching The Default Rule, Cass R. Sunstein
Switching The Default Rule, Cass R. Sunstein
Articles
There is a standard analysis of default rules in contract law, including those forms of contract law that fall under the label of employment law. But behavioral economics raises many complications. Professor Cass R. Sunstein explains that the default rule can create an endowment effect, making employees value certain rights more, simply because they have been granted such rights in the first instance. New evidence, based on a survey of law students, is introduced to show a significant endowment effect in the context of vacation time. Similarly, the default rule for savings plans, set by employers or by law, seems …
What's Available - Social Influences And Behavioral Economics Empirical Legal Realism: A New Social Scientific Assessment Of Law And Human Behavior, Cass R. Sunstein
What's Available - Social Influences And Behavioral Economics Empirical Legal Realism: A New Social Scientific Assessment Of Law And Human Behavior, Cass R. Sunstein
Articles
No abstract provided.
Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday
Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday
Articles
No abstract provided.
Economic Structure Of Renegotiation And Dispute Resolution In The World Trade Organization, The Rational Choice And International Law, Alan O. Sykes, Warren F. Schwartz
Economic Structure Of Renegotiation And Dispute Resolution In The World Trade Organization, The Rational Choice And International Law, Alan O. Sykes, Warren F. Schwartz
Articles
The treaty creating the World Trade Organization (WTO) replaced the General Agreement on Tariffs and Trade (GATT) dispute resolution system, which contained no formal sanctions for breach of agreement as a practical matter, with a system that results in centrally authorized sanctions against recalcitrant violators of WTO trade agreements. We examine the important features of the new system and argue that the institutionalization of a sanctioning mechanism was not motivated by a perceived need to increase the penalty for violations, but rather by a need to decrease the penalty. In particular, the GATT system relied on unilateral retaliation and reputation …
Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes
Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes
Articles
No abstract provided.
Trips, Pharmaceuticals, Developing Countries, And The Doha Solution, Alan O. Sykes
Trips, Pharmaceuticals, Developing Countries, And The Doha Solution, Alan O. Sykes
Articles
No abstract provided.
Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday
Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday
Articles
No abstract provided.
Keeping Secrets, Dale Carpenter
Keeping Secrets, Dale Carpenter
Articles
The right to privacy is the power to keep secrets. It is a power conferred in one form or another by the Constitution, by statute, and by tort law. It hinders the ability of the government and other citizens to know things about us that we -- often for very good reasons - would rather not have them know. It is a power that acts as a counterweight to the power of the state and of other citizens to monitor-often for very good reasons-what we do, what we read, what we say, and with whom we associate
The Most Difficult Ada Reasonable Accommodation Issues: Reassignment And Leave Of Absence, Stephen F. Befort
The Most Difficult Ada Reasonable Accommodation Issues: Reassignment And Leave Of Absence, Stephen F. Befort
Articles
The Americans with Disabilities Act obligates employers to provide reasonable accomodations to disabled workers as a means of enabling those workers to perform essential job duties. Of all the accomodations contemplated by the ADA, leaves of absence and reassignment to another position pose the most troublesome legal and human resource issues. These two types of accomodations do not merely tweak the job that a disabled employee is asked to perform, but instead excuse such employees from performing their original job assignment. While facilitating disabled employees to remain gainfully employed, these accomodations impose significant burdens on both employers and fellow employees. …
A Review Of The Fifty-Third Session Of The Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Bret Thiele, Mayra Gomez, Muria Kruger
A Review Of The Fifty-Third Session Of The Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Bret Thiele, Mayra Gomez, Muria Kruger
Articles
The term ‘fundamentalism’ means adherence to principles of one’s religion. Therefore, Islamic fundamentalism stands for a return to the doctrines of Islam in their original form as were practised in the medieval times. It could also mean idealising the historical past of Islam and calling for a return to ‘pure and original Islam’, which can be achieved through peaceful, lawful and cultural/spiritual means. In practice, the focus of Islamists has been Islamisation of the state rather than reform of the individuals. It has generated conflict as the Islamic fundamentalists seek to impose their will through coercion, violence and terror. Radical …
Labor And Employment Law At The Millennium: A Historical Review And Critical Assessment, Stephen F. Befort
Labor And Employment Law At The Millennium: A Historical Review And Critical Assessment, Stephen F. Befort
Articles
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 …
Protecting Privacy In Today's Knowledge Based Society, Jack Cook, Kristin Kinsella, David Pang
Protecting Privacy In Today's Knowledge Based Society, Jack Cook, Kristin Kinsella, David Pang
Articles
With the growing use of the Internet in everyday life, consumers are increasingly concerned about personal privacy. This paper examines issues concerning consumer privacy and provides solutions available to protect that privacy.
Using Evaluations To Break Down The Male Corporate Hierarchy: A Full Circle Approach, Edward Adams
Using Evaluations To Break Down The Male Corporate Hierarchy: A Full Circle Approach, Edward Adams
Articles
This Article explores full circle evaluations in detail, arguing that corporate boards should implement such systems. Part I details full circle evaluations and explains the benefits associated with the use of such systems. Part II describes the potential legal duty to implement full circle evaluation systems. Part III argues that full circle evaluations consider the input of all persons in the corporation, thereby increasing the extent to which decisions concerning promotions are based on objective factors of merit and facilitating the advancement of women in the workplace. Part IV concludes that in light of all of the aforementioned considerations, the …
Initiation Of Apoptosis In Cells Exposed To Medium From The Progeny Of Irradiated Cells: A Possible Mechanism For "Bystander" Induced Genomic Instability., Fiona Lyng, B. Maguire, B. Mcclean, C. Seymour, Carmel Mothersill
Initiation Of Apoptosis In Cells Exposed To Medium From The Progeny Of Irradiated Cells: A Possible Mechanism For "Bystander" Induced Genomic Instability., Fiona Lyng, B. Maguire, B. Mcclean, C. Seymour, Carmel Mothersill
Articles
Much evidence now exists regarding radiation-induced bystander effects, but the mechanisms involved in the transduction of the signal are still unclear. The mitogen-activated protein kinase (MAPK) pathways have been linked to growth factor-mediated regulation of cellular events such as proliferation, senescence, differentiation and apoptosis. Activation of multiple MAPK pathways such as the ERK, JNK and p38 pathways have been shown to occur after exposure of cells to radiation and a variety of other toxic stresses. Previous studies have shown oxidative stress and calcium signaling to be important in radiation-induced bystander effects. The aim of the present study was to investigate …
Ethics, Race, And Reform, Anthony V. Alfieri
Rebuilding Afghanistan, Janet Stearns
Rebuilding Afghanistan, Janet Stearns
Articles
The calls to service now are global and diverse, but so are we.
In a previous article in this Journal, I wrote that many of us practicing in the field of housing and community development law had adopted a "myopic" view of the world. At that time, I urged colleagues to consider the problems of growth management facing urban centers around the globe. I concluded that "[n]ow is the time for us to join the global community in the struggle for more decent affordable housing and more sustainable urban development for all people."
The tragic events of September 11 forced …
Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin
Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin
Articles
No abstract provided.
The Established And Potential Mediating Variables In The Child's Understanding Of Advertising Intent: Towards A Research Agenda, Margaret-Anne Lawlor, Andrea Prothero
The Established And Potential Mediating Variables In The Child's Understanding Of Advertising Intent: Towards A Research Agenda, Margaret-Anne Lawlor, Andrea Prothero
Articles
This paper aims to explore in detail the issue of advertising intent, with particular reference to the child. The literature review examines the importance of age, and cognitive and social development in this field, and considers whether or not children can distinguish between television programming and advertising. What the literature review illustrates is that research studies thus far have conflicting viewpoints on these areas. Within the research to date, there are also a number of important issues which do not seem to be addressed. Most notably, there is little research which considers the impact of advertising upon children, from the …
What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt
What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt
Articles
No abstract provided.
Rulemaking, Michael Herz
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
Washington, Patton, Schwarzkopf And Ashcroft?, Michael Herz
Washington, Patton, Schwarzkopf And Ashcroft?, Michael Herz
Articles
No abstract provided.
Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens
Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens
Articles
In this response to Darryl Brown's important article, Street Crime, Corporate Crime, and the Contingency of Criminal Liability, Professor Huigens argues that Brown has chosen the wrong theory of punishment on which to rest his case for a more regulatory, less punitive, approach to street crime. Brown has chosen the best, most sophisticated consequentialist theory of punishment, as developed principally by Dan Kahan. However, consequentialist punishment theory of any kind has a significant drawback: it has no plausible conception of criminal fault. As a result, Brown is constrained to argue that the language of desert and retribution should be muted …
Surcharge And Standing: Bankruptcy Code Section 506(C) After Hartford Underwriters, David G. Carlson
Surcharge And Standing: Bankruptcy Code Section 506(C) After Hartford Underwriters, David G. Carlson
Articles
The Supreme Court's decision in Hartford Underwriters Insurance Co. v. Union Planters Bank, N.A., which limited standing under 11 U.S.C. § 506(c) to bankruptcy trustees, fails to conclusively resolve the issue of who can bring such claims. The ruling creates legal complexities, as it does not fully address ownership of the proceeds or provide clear guidance, leading to potential workarounds by secured creditors and trustees. The article argues that the decision may be circumvented, and the current framework for handling § 506(c) claims remains unsatisfactory, necessitating further legislative or judicial clarification.
Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love
Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love
Articles
No abstract provided.
Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams
Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams
Articles
Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group …
Why Deference: Implied Delegations, Agency Expertise, And The Misplaced Legacy Of Skidmore Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr.
Why Deference: Implied Delegations, Agency Expertise, And The Misplaced Legacy Of Skidmore Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
A Remembrance Of Things Past: Reflections On The Warren Court And The Struggle For Civil Rights Symposium: The Jurisprudential Legacy Of The Warren Court, Ronald J. Krotoszynski Jr.
A Remembrance Of Things Past: Reflections On The Warren Court And The Struggle For Civil Rights Symposium: The Jurisprudential Legacy Of The Warren Court, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Sex, Gender, And September 11, Hilary Charlesworth, Christine M. Chinkin
Sex, Gender, And September 11, Hilary Charlesworth, Christine M. Chinkin
Articles
The October 2001 issue of the American Journal of International Law contained several editorials on the international law implications of the hijackings of September 11, 2001, and their aftermath. In one respect these editorials resemble other writings on these events in academic and popular media: questions of sex and gender are largely overlooked.' In our view, however, concepts of sex and gender provide a valuable perspective on these devastating actions.' We use the term "sex" here to refer to issues about women as distinct biological beings from men, and the term "gender" to encompass social understandings of femininity and masculinity. …
Public Vs. Proprietary Science: A Fruitful Tension?, Rebecca S. Eisenberg, Richard R. Nelson
Public Vs. Proprietary Science: A Fruitful Tension?, Rebecca S. Eisenberg, Richard R. Nelson
Articles
What should be public and what should be private in scientific research? The competitive sprint of public and private laboratories to complete the sequence of the human genome has brought this question to the fore. The same question frames the developing struggle over terms of access to human embryonic stem cell lines and the conflict between Microsoft and the open source movement over how best to promote software development. We expect such conflicts to become more widespread as the role of for-profit research expands in a broader range of scientific fields. Will science progress more swiftly and fruitfully if its …