Digital Commons Network^™

Attitudes To Rankings: Comparing German, Australian And Japanese Experiences, Ellen Hazelkorn

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Drawing on an international survey of HE leaders during 2006, and interviews with HE leaders and stakeholders in Germany, Australia and Japan during 2008, it describes and compares the reaction and response to rankings by HEIs in Germany, Australia and Japan, with particular attention to institutional strategy and planning, benchmarking and quality assurance, student admissions and faculty recruitment and morale. The chapter argues cross-national comparisons/global rankings are an inevitable feature of globalisation, the international battle for talent, and strategies for national competitiveness.

The Reluctant Tattletale: Closing The Gap In Federal Judicial Discipline, David Pimentel

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No abstract provided.

Establishment Of The Regeneration System For Vicia Faba L., Shimaa Bahgat, Omer A. Shabban, Osama El-Shihy, David A. Lightfoot, Hany A. El- Shemy

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A reliable regeneration system for faba bean has been difficult to establish and therefore, the genetic improvement of Vicia faba L. was delayed. The paper describes a method of somatic embryo induction in callus of V. faba . Two Egyptian faba bean cultivars 'Giza 2' and '24 Hyto' were used. Callus was induced from epicotyls and shoot tips cultured on MS or Gamborg medium supplemented with 3% sucrose and 0.025% (w/v) for each of ascorbic and citric acid, 0.8% agar and different concentrations of 10 mg/l BAP, 0.5 mg/l of each NAA and 2,4-dichlorophenoxyacetic acid (M1) and 1 mg/l BAP …

Reframing The Independence V. Accountability Debate: Defining Judicial Structure In Light Of Judges' Courage And Integrity, David Pimentel

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No abstract provided.

Judicial Evaluations And Information Forcing: Ranking State High Courts And Their Judges, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati

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Judges and courts get evaluated and ranked in a variety of contexts. The President implicitly ranks lower-court judges when he picks some rather than others to be promoted within the federal judiciary. The ABA and other organizations evaluate and rank these same judges. For the state courts, governors and legislatures do similar rankings and evaluations, as do interest groups. The U.S. Chamber of Commerce, for example, produces an annual ranking of the state courts that is based on surveys of business lawyers. These various rankings and evaluations are often made on the basis of subjective information and opaque criteria. The …

Reputation, Information And The Organization Of The Judiciary, Tom Ginsburg, Nuno Garoupa

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No abstract provided.

Herring V. United States: A Minnow Or A Shark Term Paper, Albert W. Alschuler

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No abstract provided.

What The Law Should (And Should Not) Learn From Child Development Research, Emily Buss

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No abstract provided.

Romancing The Court, Gerald Rosenberg

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No abstract provided.

Is The Bankruptcy Code An Adequate Mechanism For Resolving The Distress Of Systemically Important Institutions?, Edward Morrison

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No abstract provided.

Crisis Governance In The Administrative State: 9/11 And The Financial Meltdown Of 2008, Eric A. Posner, Adrian Vermeule

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This Article compares crisis governance and emergency lawmaking after 9/11 and the financial meltdown of 2008. We argue that the two episodes were broadly similar in outline, but importantly different in detail, and we attempt to explain both the similarities and differences. First, broad political processes, rather than legal or constitutional constraints, operated in both episodes to create a similar pattern of crisis governance, in which Congress delegated large new powers to the executive. We argue that this pattern is best explained by reference to the account of lawmaking in the administrative state offered by Carl Schmitt, as opposed to …

Are American Ceos Overpaid, And, If So, What If Anything Should Be Done About It?, Richard A. Posner

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No abstract provided.

Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, Gerald Rosenberg

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No abstract provided.

Free Speech And National Security, Geoffrey R. Stone

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No abstract provided.

Privatizing Democracy: Promoting Election Integrity Through Procurement Contracts, Jennifer Nou

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Voting machine failures continue to plague American elections. These failures have fueled the growing sense that private machine manufacturers must be held accountable. This Note argues that, because legitimacy externalities and resource disparities across election jurisdictions pose persistent threats to electoral integrity, meaningful accountability will require greater federal oversight. This oversight must take into account the unique nature of the public-private partnership that defines this nation's system of election administration. This Note thus proposes an amendment to the Help America Vote Act of 2002, which would condition federal funds on state procurement contracts. These procurement contracts would mandate performance-based requirements …

Judicial Audiences And Reputation: Perspectives From Comparative Law, Tom Ginsburg, Nuno Garoupa

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Whether judges are motivated to make good law or maximize policy goals, they need to develop and maintain a good reputation with some audience. We distinguish internal and external audiences for individual judicial decision-making: internal audiences are those within the judiciary itself, while external audiences include lawyers, the media or the general public. Different legal systems emphasize different audiences: some rely on external audiences that encourage judges to invest in their individual reputations, while others emphasize internal audiences that facilitate the collective reputation of the judiciary as a whole. The article analyzes the interaction between internal and external audiences over …

One Hat Too Many - Investment Desegregation In Private Equity, M. Todd Henderson, William A. Birdthistle

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The nature of private-equity investing has changed significantly as two dynamics have evolved in recent years: portfolio companies have begun to experience serious financial distress, and general partners have started to diversify and desegregate their investment strategies Both developments have led private-equity shops-once exclusively interested in acquiring equity positions through leveraged buyouts- to invest in other tranches of the investment spectrum, most particularly public debt. By investing now in both private equity and public debt of the same issuer, general partners are generating a host of new conflicts of interest between themselves and their limited partners, between multiple general partners …

Personalization: Data-Driven Print And Internet Communications, Patricia Sorce

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In the three years since the publication of the first edition of “Data-Driven Print,” the media world has continued to change. A tangible example of this change occurred in late 2006, when Time magazine announced their Person of the Year – YOU! This event recognized the growth of user-generated content and the enthusiasm of younger media users in having information “my way.” The growth of the media forms are primarily electronic, including social networking sites, music downloads to cell phones, file sharing, and text messaging. This growth in “new media” has left the mainstream media businesses that provided content—such as …

Civil Procedure In Idaho: An Examination Of Significant Differences Between The Rules Of Procedure Of The Idaho State And Federal Courts, Katie Ball

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The University of Idaho College of Law celebrates its centennial this year. The rules of civil procedure do not have that lengthy a history, but they are still a critical part of current legal education and any civil practice. Civil practitioners choosing an Idaho forum have two court system options for many types of cases-the federal courts or the state courts. The goal of this article is to point out the significant differences in the state and federal civil procedural rules for Idaho practitioners. It is meant to particularly address those Idaho attorneys who have practiced primarily or exclusively in …

Dreamers And Visionaries: The History Of Adr In Idaho, Maureen Laflin

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No abstract provided.

From Warranted To Valuable Belief: Local Government, Climate Change, And Giving Up The Pickup To Save Bangladesh, Jerrold A. Long

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Although the public discourse about efforts to address global climate change understandably focuses on national- and international-level efforts, in the United States much of the authority for regulating greenhouse gas emitting activities resides with state and local governments. Many local governments have initiated efforts to address global climate change in some fashion. But this article argues that there remains a disconnect between the local causes and global consequences of climate change sufficient to prevent the adoption of durable and effective local efforts to reduce greenhouse gas emissions. In other words, individuals remain largely unable to connect their personal decisions with …

Debunking Blackstonian Copyright (Reviewing Neil Weinstock Netanel, Copyright's Paradox (2008)), Shyam Balganesh

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No abstract provided.

The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox

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No abstract provided.

Rule Of Law: What Does It Mean?, Robert Stein

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I congratulate the Editors of the Journal of International Law on organizing this Symposium on the subject of the Rule of Law, specifically, Creating a Rule of Law Culture. The Journal was established during the time I served as Dean of the Law School, and I take pride in the way it has grown through the years.

Climate Change And Reassessing The "Right" Level Of Government: A Response To Bronin, Alexandra B. Klass

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Climate change has caused lawmakers, policymakers, and scholars to reassess the traditional role of federal, state, and local governments to regulate a broad range of environmental, energy, and land-use issues. While the problem of climate change would appear to be best addressed at the international, or at least the federal level, it has been local governments and states that have taken the first and most important steps in recognizing the problem and experimenting with different ways to address it. While some of these experiments show how the "lower" levels of government can have a significant and positive impact on national-level …

The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth Okediji

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The WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (WIPO Internet Treaties) recite a need for a digital copyright framework to facilitate 'adequate solutions to questions raised by new economic, social, cultural and technological developments.' It can hardly be contested that the social and cultural developments to which the Treaties refer do not derive from the cultural or economic conditions (much less technological developments) of the developing and least-developed countries. Consistent with their predecessors, the WIPO Internet Treaties marginalize collaborative forms of creative engagement with which citizens in the global South have long identified and continue in the …

Before The Verdict And Beyond The Verdict: The Csi Infection Within Modern Criminal Jury Trials, Tamara F. Lawson

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In criminal law, the term “CSI Effect” commonly refers to the perceived impact the CSI television show has on juror expectation and unexpected jury verdicts. This article coins a new phrase, “CSI Infection,” by focusing on the significant legal impact that the fear of “CSI Infected Jurors” has made upon the criminal justice system. The CSI Infection is the ubiquitous “It” factor that scholars cannot conclusively prove nor effectively explain away; however, practitioners overwhelmingly confirm the CSI Effect’s impact on criminal jury trials. The CSI Effect’s existence, the CSI Effect’s true or perceived impact on acquittals and convictions, and how …

A Precautionary Tale: Assessing Ecological Damages After The Exxon Valdez Oil Spill, Sanne Knudsen

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To address the shortcomings of our existing damages paradigm--exemplified by the response to the Exxon Valdez oil spill in Prince William Sound--this article suggests that we invoke the burden-shifting attributes of the precautionary principle to transfer the risk of long-term, unknown ecological harm to those who have caused the injury. Through such a risk transfer, this article posits that true costs of ecological injury would more properly be borne by actors capable of altering their behavior to avoid such injury in the first place. In addition, this article suggests offering defendants two options for incurring damages for ecological injuries--either accepting …

A New Deal For End Users? Lessons From A French Innovation In The Regulation Of Interoperability, Jane K. Winn, Nicolas Jondet

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In 2007, France created the Regulatory Authority for Technical Measures (lAutoritj de Rdgulation des Mesures Techniques or ARMT), an independent regulatory agency charged with promoting the interoperability of digital media distributed with embedded "technical protection measures" (TPM), also known as "digital rights management" technologies (DRM). ARMT was established in part to rectify what French lawmakers perceived as an imbalance in the rights of copyright owners and end users created when the European Copyright Directive (EUCD) was transposed into French law as the "Loi sur le Droit d'Auteur et les Droits Voisins dans la Société de l'Information" (DADVSI).

ARMT is both …

Are "Better" Security Breach Notification Laws Possible?, Jane K. Winn

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This Article will evaluate the provisions of California's pioneering security breach notification law (SBNL) in light of "better regulation" or "smart regulation" criteria in order to highlight the costs of taking a narrowly focused, piecemeal approach and the benefits of taking a more comprehensive perspective to the problems of identity theft and information security. Just as the basic structure of SBNLs was borrowed from environmental law, this Article will borrow from decades of analysis of the impact of environmental regulation to evaluate the likely impact of SBNLs.

Just as environmental laws can be used to reduce externalities created through the …