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Articles 6361 - 6390 of 7468
Full-Text Articles in Entire DC Network
Television And The Public Interest, Cass R. Sunstein
Television And The Public Interest, Cass R. Sunstein
Articles
The communications revolution has thrown into question the value of imposing public interest obligations on television broadcasters. But the distinctive nature of this unusual market-with "winner-take-all"features, with viewers as a commodity, with pervasive externalities from private choices, and with market effects on preferences as well as the other way around-justifies a continuing role for government regulation in the public interest. At the same time, regulation best takes the form, not of anachronistic command-and-control regulation, but of (1) disclosure requirements, (2) economic incentives ("pay or play"), and (3) voluntary self-regulation through a privately administered code. Some discussion is devoted to free …
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
Articles
No abstract provided.
Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein
Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein
Articles
No abstract provided.
Internet And The Dormant Commerce Clause, The, Jack L. Goldsmith, Alan O. Sykes
Internet And The Dormant Commerce Clause, The, Jack L. Goldsmith, Alan O. Sykes
Articles
No abstract provided.
The Sounds Of Silence: The Libertarian Ethos Of Erisa Preemption, Stephen F. Befort, Christopher J. Kopka
The Sounds Of Silence: The Libertarian Ethos Of Erisa Preemption, Stephen F. Befort, Christopher J. Kopka
Articles
In the Winter of 1996, the Harvard Journal on Legislation published an article entitled in part, The Last Article About the Language of ERISA Preemption?' Absent the question mark, one might have thought it a bold (and hopefully accurate) statement. Yet, as the question mark suggests, no scholar has been able to provide the definitive answer regarding the scope of ERISA preemption.
A Statutory Model For Corporate Constituency Concerns, Edward S. Adams, John H. Matheson
A Statutory Model For Corporate Constituency Concerns, Edward S. Adams, John H. Matheson
Articles
The modern corporation by its nature creates interdependencies with a variety of groups with whom the corporation has a legitimate concern, such as employees, customers, suppliers, and members of the communities in which the corporation operates. Corporate governance involves a system of contractual and fiduciary duties that influence directors and officers to make decisions consistent with defined obligations. This system requires that directors consider shareholders' interests first and foremost in making corporate decisions because the share-holders are the, "owners," of the corporation. Over the past several decades, a number of states have implemented this policy by enacting constituency statutes. These …
Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky
Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky
Articles
One of Congress's principal motivations for enacting the Americans with Disabilities Act (ADA) 1 was to help disabled individuals enter into and remain in the American workplace. In the ADA's "findings and purposes" section, Congress stated that "the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals." 2 The legislative history is filled with the statements of senators and representatives supporting the Act as a vehicle for bringing individuals with disabilities "into the economic and social mainstream of American life." 3 Legislators viewed the ADA as …
An Analysis Of The Fifty-First Session Of The United Nations Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Mayra Gomez, Bret Thiele
An Analysis Of The Fifty-First Session Of The United Nations Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Mayra Gomez, Bret Thiele
Articles
The United Nations Sub-Commission on the Promotion and Protection of Human Rights (Sub-Commission), 2 formerly the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, met at the European Headquarters of the United Nations in Geneva, Switzerland, from 2 August through 27 August 1999 for its fifty-first session. 3 The Sub-Commission is a subsidiary body of the Commission on Human Rights [End Page 788] (Commission). It is composed of twenty-six members who are nominated by their respective governments and elected to four-year terms by the Commission. Under the principle of geographic distribution, the Sub-Commission has seven members from Africa, …
The Easy Case For Derivatives Use: Advocating A Corporate Fiduciary Duty To Use Derivatives, Edward Adams, David E. Runkle
The Easy Case For Derivatives Use: Advocating A Corporate Fiduciary Duty To Use Derivatives, Edward Adams, David E. Runkle
Articles
This Article hypothesizes that directors have a duty to shareholders to investigate and evaluate how derivatives could minimize risk to their organization. Even more, corporations have a duty to use derivatives if overall portfolio risk will thereby be reduced. Part I of this Article defines and describes the major types of derivatives and explains how and why they are used. Part II investigates the risks of derivatives, comparing these risks to other investment instruments. Part III introduces a new conceptualization of derivatives through exploration of three issues surrounding their use: (1) brokers' liabilities to investors when financial losses result; (2) …
Scenario Building: A Suitable Method For Strategic Construction Industry Planning?, John Ratcliffe
Scenario Building: A Suitable Method For Strategic Construction Industry Planning?, John Ratcliffe
Articles
This paper is primarily about the Scenario Method. How scenario building, planning or learning exercises can profitably be used to identify, develop and test alternative plans, policies and practices that might be proposed in exploring and preparing for strategic decision-making in the construction industry. The method has been widely used in business, industry and government for over thirty years as an unrivalled technique to learn about the future before it happens. The paper examines the principles, practice and pitfalls of Scenario Building with the prime aim of presenting the technique as one singularly relevant to the study of the construction …
Scenario Building: A Suitable Method For Strategic Property Planning?, John Ratcliffe
Scenario Building: A Suitable Method For Strategic Property Planning?, John Ratcliffe
Articles
The scenario method has been widely used by decision-makers in business, industry and government for over thirty years as an unrivalled technique to learn about the future before it happens. This paper examines the principles, practice and pitfalls of scenario building with the prime aim of presenting the technique as one singularly relevant to the study of future property investment, development and management decisions and land use policy formulation. The origins of the approach from its military based beginnings, through the popularised global environmental applications to the current widescale use by industry and commerce are traced. Some definitions are advanced …
Internet Resources For Retirement Planning, Robin Schard
Internet Resources For Retirement Planning, Robin Schard
Articles
No abstract provided.
Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker
Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker
Articles
No abstract provided.
Judicial Review In Brazil: Developments Under The 1988 Constitution, Keith S. Rosenn
Judicial Review In Brazil: Developments Under The 1988 Constitution, Keith S. Rosenn
Articles
No abstract provided.
Building Pediatric Law Careers: The University Of Michigan Law School Experience, Melissa Breger, Suellyn Scarnecchia, Frank E. Vandervort, Naomi Woloshin
Building Pediatric Law Careers: The University Of Michigan Law School Experience, Melissa Breger, Suellyn Scarnecchia, Frank E. Vandervort, Naomi Woloshin
Articles
There are several obstacles to training and supporting pediatric lawyers. Children are a relatively new group of clients and law schools have not traditionally provided pediatric training. The required training is particularly challenging to deliver because it is inherently interdisciplinary, requiring faculty and students to look outside of the law school to obtain necessary knowledge. The greatest obstacle to developing the careers of pediatric lawyers is the low pay and low prestige typically afforded children's lawyers. As a result, law students reasonably question the likelihood of developing a successful career in the field. The number of available jobs is limited …
Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White
Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White
Articles
In this Article, Professors Hanoch Dagan and James White study the most recent challenge raised by mass torts litigation: the interference of governments with the bilateral relationship between citizens and injurious industries. Using the tobacco settlement as their case study, Dagan and White explore the important benefits and the grave dangers of recognizing governments' entitlement to reimbursement for costs they have incurred in preventing or ameliorating their citizens' injuries. They further demonstrate that the current law can help capture these benefits and guard against the entailing risks, showing how subrogation law can serve as the legal foundation of the governments' …
Globalization, Tax Competition, And The Fiscal Crisis Of The Welfare State, Reuven S. Avi-Yonah
Globalization, Tax Competition, And The Fiscal Crisis Of The Welfare State, Reuven S. Avi-Yonah
Articles
This Article examines the increased use of tax incentives as weapons in the international competition to attract investment. Professor Avi-Yonah argues that the establishment of tax havens allows large amounts of capital to go untaxed, depriving both developed and developing countries of revenue and forcing them to rely on forms of taxation less progressive than the income tax. He points to social insurance programs, many of which are already on uncertain courses as aging populations imperil their fiscal health, as likely to bear the brunt of the revenue loss that tax havens cause. Professor Avi-Yonah contends that both economic efficiency …
The Baker [Baker V. State, 744 A.2d 864 (Vt. 1999)] Case, Civil Unions, And The Recognition Of Our Common Humanity: An Introduction And A Speculation, David L. Chambers
The Baker [Baker V. State, 744 A.2d 864 (Vt. 1999)] Case, Civil Unions, And The Recognition Of Our Common Humanity: An Introduction And A Speculation, David L. Chambers
Articles
Every. Vermonter seems to know about two recent decisions of the Vermont Supreme Court. In the first, the court struck down the system of local financing of public schools. Like similar decisions in many other states, the school financing case led to a struggle in the legislature and difficulties for legislators at election time. In the second and even more controversial decision, the court reached an outcome that no other state supreme court had ever reached: it held unconstitutional the state's marriage law on the ground that it inappropriately denied the legal benefits of marriage to same-sex couples. This decision, …
Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard
Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard
Articles
This Article proceeds in four parts. Part I provides background on the historical development of constitutional federalism, the Supreme Court's decisions in this area, and the apparent demise of constitutional limits on federal power. Part II then reviews the Court's revival of constitutional federalism over the last decade. Based on this review, I argue that the Supreme Court's current federalism doctrine can be understood as a "constrained libertarianism" that attempts to use constitutional structure as a check on government interference with individual liberty. In this model, states are respected in our constitutional system because of the counterbalance that they provide …
Three Faces Of Private Property, Michael A. Heller
Three Faces Of Private Property, Michael A. Heller
Articles
Private property is a rather elusive concept. Any kid knows what it means for something to be mine or yours, but grownup legal theorists get flustered when they try to pin down the term. Typically they, actually we, turn to a familiar analytic toolkit: including, for example, Blackstone's image of private property as "sole and despotic dominion"; Hardin's metaphor of the "tragedy of the commons"; and, more generally, the division of ownership into a trilogy of private, commons, and state forms. While each analytic tool has a distinguished pedigree and certain present usefulness, each also imposes a cost because it …
Haemochromatosis Mutation Analysis In A Normal Irish Population, Fergus Ryan, Joseph Vaughan
Haemochromatosis Mutation Analysis In A Normal Irish Population, Fergus Ryan, Joseph Vaughan
Articles
187 Irish blood donors were examined for the presence of C282Y and H63D missense mutations using a multiplex PCR and restriction digest protocol. The allele frequency for C282Y was found to be 12.3% which is higher than reported in other studies and concurs that this mutation is of Celtic origin.
Re-Examining The Role Of Patents In Appropriating The Value Of Dna Sequences, Rebecca S. Eisenberg
Re-Examining The Role Of Patents In Appropriating The Value Of Dna Sequences, Rebecca S. Eisenberg
Articles
As public and private sector initiatives race to complete the sequence of the human genome, patent issues have played a prominent role in speculations about the significance of this achievement. How much of the genome will be subject to the control of patent holders, and what will this mean for future research and the development of products for the improvement of human health? Is a patent system developed to establish rights in mechanical inventions of an earlier era up to the task of resolving competing claims to the genome on behalf of the many sequential innovators who elucidate its sequence …
Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg
Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg
Articles
Legal scholars and economists might enhance the value and impact of their work by making more effective use of each other's knowledge and capabilities. Legal scholars can offer a more nuanced understanding of the legal rules that underlie the patent system and the doctrinal levers that might be manipulated in furtherance of public policy goals. Economists bring to bear a set of analytical and methodological tools that could shed considerable light on what these doctrinal levers are doing and which of them we ought to be manipulating. Together, we have a better chance of asking the right questions and thinking …
Laidlaw And The Clean Water Act: Standing In The Bermuda Triangle Of Injury In Fact, Environemntal Harm, And Mere Permit Exceedances, Alberto B. Lopez
Laidlaw And The Clean Water Act: Standing In The Bermuda Triangle Of Injury In Fact, Environemntal Harm, And Mere Permit Exceedances, Alberto B. Lopez
Articles
No abstract provided.
Legal Resources On Elder Abuse In The Institutional Setting, Robin Schard
Legal Resources On Elder Abuse In The Institutional Setting, Robin Schard
Articles
No abstract provided.
Internet Resources Related To Nursing Care Facilities, Robin Schard
Internet Resources Related To Nursing Care Facilities, Robin Schard
Articles
No abstract provided.
The Enlightenment Case For Vouchers, John O. Mcginnis
Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton
Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton
Articles
No abstract provided.
Images Of Justice, Lela P. Love
Environmental Law And International Assistance: The Challenge Of Strengthening Environmental Law In The Developing World, William L. Andreen
Environmental Law And International Assistance: The Challenge Of Strengthening Environmental Law In The Developing World, William L. Andreen
Articles
All too often there is a disturbing gap between what governments say and what governments do The same appears to be true for international donors During the past 10 years the developing world has been awash with donorfunded national environmental action plans and national environmental programs national conservation strategies national biodiversity strategies national agricultural programs and national forestry action plans These documents generally recognize that longterm economic development can only be sustained on an ecologically sound base Many also purport to recognize that the policies and strategies that they set forth will remain empty pronouncements unless appropriate laws and institutional …