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The Diffusion Of Microgeneration Technologies.: Assessing The Influence Of Perceived Product Characteristics On Home Owners’ Willingness To Pay, Marius Claudy, Claus Michelsen, Aidan O'Driscoll Jan 2011

The Diffusion Of Microgeneration Technologies.: Assessing The Influence Of Perceived Product Characteristics On Home Owners’ Willingness To Pay, Marius Claudy, Claus Michelsen, Aidan O'Driscoll

Articles

This study presents empirical insight into willingness to pay (WTP) for microgeneration technologies and the relative influence of subjective consumer perceptions. First, we apply a double-bounded-contingent valuation method to elicit Irish home owners’ willingness to pay for micro wind turbines, wood pellet boilers, solar panels and solar water heaters. Utilizing findings from the adoption of innovation literature, in a second step, we assess the influence of different antecedents on WTP for each of the four technologies, including (1) home owners’ perception of product characteristics, (2) normative influences, and (3) socio demographic characteristics. Our results show that WTP varies significantly between …


Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James Jan 2011

Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James

Articles

No abstract provided.


Legal Mechanic: Where Are We Going? The Generalist Vs. Specialist Challenge, Herbert M. Kritzer Jan 2011

Legal Mechanic: Where Are We Going? The Generalist Vs. Specialist Challenge, Herbert M. Kritzer

Articles

This is a review essay considering two books: 'The Death of the American Trial' by Robert P. Burns and 'Specializing the Courts' by Lawrence Baum. The organizing theme of the essay is the lay jurors represent one end of the spectrum of potential adjudicators with specialized courts and tribunals represent the other end of the spectrum. While Burns does not develop his argument in terms of specialization, a significant aspect of his argument is that there is value to relying on nonspecialist, lay adjudicators. Burns is an advocate for the trials, particularly jury trials; as such, he glosses over evidence …


Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ní Aoláin Jan 2011

Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ní Aoláin

Articles

The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from such catastrophes whatsoever their causes. Rhetorically too, there is some recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are more visible in the refugee and internally displaced communities that typically result from many humanitarian crises. Women, because of their acute care responsibilities in most societies, also disproportionately bear the brunt of familial …


Strategies For An Employee Role In Corporate Governance, Brett Mcdonnell Jan 2011

Strategies For An Employee Role In Corporate Governance, Brett Mcdonnell

Articles

One way to make U.S. corporations more sustainable is to broaden the group of stakeholders whose interests are considered in making decisions. This Essay evaluates a number of possible strategies for creating a role for employees in corporate governance. The strategies include: Using areas other than business association law to enhance the legal rights of individual employees; Encouraging officer or director power, hoping that officers and directors will side with employees and other interests more than shareholders; Encouraging shareholder power, hoping that employees agree with shareholders on the need to keep managers accountable; Supporting unions as a source of countervailing …


The Role Of The Committee On The Rights Of The Child In Interpreting And Developing International Humanitarian Law, David Weissbrodt, Joseph C. Hansen, Nathaniel H. Nesbitt Jan 2011

The Role Of The Committee On The Rights Of The Child In Interpreting And Developing International Humanitarian Law, David Weissbrodt, Joseph C. Hansen, Nathaniel H. Nesbitt

Articles

The interaction between human rights law and international humanitarian law (IHL) has received a great deal of scholarly attention. Commentators note the increased presence of IHL in the work of human rights bodies. There remains an interesting gap in the debate, however: while human rights bodies may be referencing international humanitarian law, what are they doing with it? To what extent are they interpreting its protections under a human rights framework? Are they performing substantive or precedential analysis of IHL? This article addresses one measure of that gap by comprehensively examining the work of the Committee on the Rights of …


Too Close To Home: Limiting The Organizations Subsidized By The Charitable Deduction To Those In Economic Need, Shannon Weeks Mccormack Jan 2011

Too Close To Home: Limiting The Organizations Subsidized By The Charitable Deduction To Those In Economic Need, Shannon Weeks Mccormack

Articles

The charitable deduction allows taxpayers to deduct amounts donated to organizations pursuing statutorily designated purposes from their otherwise taxable income. By lowering the after-tax cost of giving and encouraging taxpayers to donate more than they otherwise would, the charitable deduction subsidizes a broad variety of organizations. Some of these organizations provide widespread societal benefits, while others provide narrower benefits that remain closer to the taxpayer-donor’s home. To evaluate these current laws, this Article focuses on efficiency criteria, which limit subsidized organizations to those with donor support that does not cover the costs needed to optimally provide goods and services. Existing …


From Substance To Shadows: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens Jan 2011

From Substance To Shadows: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens

Articles

Most disputes about the Establishment Clause center on its substantive meaning; whether, for example, a state subsidy promotes religion, the phrase “In God We Trust” can appear on currency, or a display of the Ten Commandments is unconstitutional. Often overlooked and lurking behind these substantive disputes is a question about what remedies are available when an Establishment Clause violation is found. Typically, an injunction prohibiting the subsidy, practice, or display is the choice. In Salazar v. Buono, however, the Supreme Court was confronted with an unusual case for two reasons. First, the doctrine of res judicata formally barred the …


Legal Education For The Future: Global Perspectives, Daniel H. Foote Jan 2011

Legal Education For The Future: Global Perspectives, Daniel H. Foote

Articles

This is a report on "FutureEd 2: Making Global Lawyers for the 21st Century," a conference on legal education held at Harvard Law School (HLS) on October 15-16, 2010, In which this author had the opportunity to participate. The conference was the second In a series of three conferences jointly organized by HLS and New York Law School (NYLS). The first conference was held at NYLS in April 2010; the third and final conference was held at NYLS, in April 2011.The goals of the conferences were to stimulate thinking and research about the future of legal education; to promote concrete …


Revisiting Trial Basics Every Time: A Ritual For Courtroom Success, Maureen A. Howard Jan 2011

Revisiting Trial Basics Every Time: A Ritual For Courtroom Success, Maureen A. Howard

Articles

With fewer cases progressing to trial, many attorneys do not have adequate opportunities to practice the skills necessary to be successful in the courtroom. Here the author provides a useful and uncomplicated examination of the basic trial advocacy skills, which should be reviewed each time an attorney prepares for trial. Writing for the busy practicing attorney, the author concisely addresses six key stages of trial: voir dire, opening statement, direct examination, cross-examination, impeachment, and closing argument.


Cryptography Using Steganography: New Algorithms And Applications, Jonathan Blackledge Jan 2011

Cryptography Using Steganography: New Algorithms And Applications, Jonathan Blackledge

Articles

Developing methods for ensuring the secure exchange of information is one of the oldest occupations in history. With the revolution in Information Technology, the need for securing information and the variety of methods that have been developed to do it has expanded rapidly. Much of the technology that forms the basis for many of the techniques used today was originally conceived for use in military communications and has since found a place in a wide range of industrial and commercial sectors. This has led to the development of certain industry standards that are compounded in specific data processing algorithms together …


Risk Management Trends: Currency Trading Using The Fractal Market Hypothesis, Jonathan Blackledge, Kieran Murphy Jan 2011

Risk Management Trends: Currency Trading Using The Fractal Market Hypothesis, Jonathan Blackledge, Kieran Murphy

Articles

We report on a research and development programme in financial modelling and economic security undertaken in the Information and Communications Security Research Group (ICSRG, 2011) which has led to the launch of a new company - Currency Traders Ireland Limited - funded by Enterprise Ireland. Currency Traders Ireland Limited (CTI, 2011) has a fifty year exclusive license to develop a new set of indicators for analysing currency exchange rates (Forex trading). We consider the background to the approach taken and present examples of the results obtained to date. In this ‘Introduction’, we provide a background to and brief overview of …


Currency Trading Using The Fractal Market Hypothesis, Jonathan Blackledge, Kieran Murphy Jan 2011

Currency Trading Using The Fractal Market Hypothesis, Jonathan Blackledge, Kieran Murphy

Articles

We report on a research and development programme in financial modelling and economic security undertaken in the Information and Communications Security Research Group (ICSRG, 2011) which has led to the launch of a new company - Currency Traders Ireland Limited - funded by Enterprise Ireland. Currency Traders Ireland Limited (CTI, 2011) has a fifty year exclusive license to develop a new set of indicators for analysing currency exchange rates (Forex trading). We consider the background to the approach taken and present examples of the results obtained to date.


Questioning The Currency Of Marketing Planning Today, Sarah Browne, Laura Cuddihy Jan 2011

Questioning The Currency Of Marketing Planning Today, Sarah Browne, Laura Cuddihy

Articles

While marketing planning has received considerable scholarlv
attention from academics, particularly on how it should be approached,
extant research does not explicate in any great detail how this process is actually performed in practice. The limited existing empirical research suggests a lag between theory and practice in terms of marketing planning and strategy making. Therefore, in order to 'market' marketing in B2B organisations, and close this apparent academic-practitioner divide, a greater awareness of who is actually involved in marfceting planning and strategy making processes is needed. The emphasis in this paper thus is to place the 'how' and 'who' in …


Defining Torture And Cruel, Inhuman, And Degrading Treatment, David Weissbrodt, Cheryl Heilman Jan 2011

Defining Torture And Cruel, Inhuman, And Degrading Treatment, David Weissbrodt, Cheryl Heilman

Articles

Declaring a “war against terror,” the United States has detained foreign nationals suspected of terrorist activities and has interrogated them at various locations outside the United States. As the United States seeks to bring charges against the detainees, serious questions have arisen regarding the interrogation methods used to obtain evidence. Federal laws enacted to meet the United States' obligations under treaties prohibit the use of evidence obtained through torture or through cruel, inhuman, or degrading treatment. What legal standards should be applied to determine whether interrogation methods or conditions of confinement constitute torture or cruel, inhuman, or degrading treatment? Is …


Regulatory Contrarians, Brett Mcdonnell, Daniel Schwarcz Jan 2011

Regulatory Contrarians, Brett Mcdonnell, Daniel Schwarcz

Articles

This Article explores the role that “regulatory contrarians” can play in promoting more adaptive financial regulation. Such contrarians have several distinguishing features. First, they possess persuasive authority by virtue of their position, access to media and officials, or speaking engagements and reports. Second, they are affiliated with, and enjoy privileged access to, a regulatory entity but are nonetheless independent, as reflected in their budget, staffing, and/or priorities. Finally, they are tasked with studying the regulatory process, policy positions, and the regulated market and in some way reporting on deficiencies and potential improvements. The Article argues that regulatory contrarians can modestly …


Compromised Fiduciaries: Conflicts Of Interest In Government And Business, Claire Hill, Richard W. Painter Jan 2011

Compromised Fiduciaries: Conflicts Of Interest In Government And Business, Claire Hill, Richard W. Painter

Articles

In the present financial crisis, the government has become extensively involved in managing companies, at times undertaking massive bailouts. The results of government involvement in business are at best mixed. Moreover, its involvement has generated significant criticism. But government involvement in managing companies is sometimes inevitable. It is therefore important to consider how it can be improved. One critical reason why government might perform poorly is conflicts of interest. Given the conflicts that arise at multiple levels of decisionmaking in both government and private companies, it should not be surprising that government management of companies is often problematic. In both …


Subversive Apologia Symposium: The Right To Treatment And The Road Ahead, Fredrick E. Vars Jan 2011

Subversive Apologia Symposium: The Right To Treatment And The Road Ahead, Fredrick E. Vars

Articles

No abstract provided.


Authoritarianism: A Comment, Richard Delgado Jan 2011

Authoritarianism: A Comment, Richard Delgado

Articles

What is behind the current wave of antiimmigrant fervor Racism Nativism National security concerns A recent article by Camilo Ortiz posits that psychological authoritarianism explains the recent outbreak of vigilantism and harsh law better than any of these other motives My essay agrees with Ortiz and shows how understanding antiimmigrant sentiment in these terms advances our understanding of it Once one understands how the syndrome underlies much of the current reaction toward immigrants particularly ones from south of the US border it becomes easier to frame measures to limit some of its excesses I argue that Mr Ortiz's interpretation constitutes …


Big Law And Risk Management: Case Studies Of Litigation, Deals, And Diversity, Anthony V. Alfieri Jan 2011

Big Law And Risk Management: Case Studies Of Litigation, Deals, And Diversity, Anthony V. Alfieri

Articles

No abstract provided.


More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter Jan 2011

More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter

Articles

No abstract provided.


Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice Jan 2011

Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice

Articles

No abstract provided.


Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave Jan 2011

Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave

Articles

No abstract provided.


Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave Jan 2011

Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave

Articles

Sexually violent predator (SVP) laws are inherently suspicious because they continue to incarcerate people not because of what they have done, but because of what they might do. I focus on three major criticisms of the laws. First, I use recent recidivism data to challenge the core motivation for the SVP laws-that sex offenders are monsters who cannot control themselves. Second, I situate the laws theoretically as examples of what Feeley and Simon call the "new penology." I argue that the SVP laws show the limited promise of the new penology—that we can use science to predict risk accurately--because the …


The Case Against Strategic Tax Law Uncertainty, Leigh Osofsky Jan 2011

The Case Against Strategic Tax Law Uncertainty, Leigh Osofsky

Articles

No abstract provided.


Rebecca J. Cook & Simone Cusack, Gender Stereotyping: Transnational Legal Perspectives Book Review, Zanita E. Fenton Jan 2011

Rebecca J. Cook & Simone Cusack, Gender Stereotyping: Transnational Legal Perspectives Book Review, Zanita E. Fenton

Articles

No abstract provided.


Inviting Both Amos Tversky And Solomon Asch: It's Not All Casino Capitalism, Robert Eli Rosen Jan 2011

Inviting Both Amos Tversky And Solomon Asch: It's Not All Casino Capitalism, Robert Eli Rosen

Articles

No abstract provided.


Don't Panic! Defending Cowardly Interventions During And After A Financial Crisis, Brett Mcdonnell Jan 2011

Don't Panic! Defending Cowardly Interventions During And After A Financial Crisis, Brett Mcdonnell

Articles

How should we regulate the U.S. financial system after the financial crisis, when we face the task with a radically inadequate understanding of what went wrong and what effect proposed regulations will likely have? This paper explores three quite different approaches to regulating in the face of severe uncertainty: the libertarianism of Friedrich Hayek, the conservatism of Michael Oakeshott, and the liberalism of John Maynard Keynes. Each thought deeply about the problem of how uncertainty affects human affairs, but each came to quite different conclusions about how to address such uncertainty. The paper outlines the core, immensely useful insights of …


Ask And What Shall Ye Receive? A Guide For Using And Interpreting What Jurors Tell Us, Barbara O'Brien, Samuel R. Sommers, Phoebe C. Ellsworth Jan 2011

Ask And What Shall Ye Receive? A Guide For Using And Interpreting What Jurors Tell Us, Barbara O'Brien, Samuel R. Sommers, Phoebe C. Ellsworth

Articles

We review the extensive body of studies relying on jurors' self-reports in interviews or questionnaires, with a focus on potential threats to validity for researchers seeking to answer particularly provocative questions such as the influence of race in jury decision-making. We then offer a more focused case study comparison of interview and questionnaire data with behavioral data in the domain of race and juror decision-making. Our review suggests that the utility of data obtained from juror interviews and questionnaire responses varies considerably depending on the question under investigation. We close with an evaluation of the types of empirical questions most …


Child Pornography And Community Notification: How An Attempt To Reduce Crime Can Achieve The Opposite, J. J. Prescott Jan 2011

Child Pornography And Community Notification: How An Attempt To Reduce Crime Can Achieve The Opposite, J. J. Prescott

Articles

Community notification laws, designed to reduce the frequency of sex offenses by alerting potential victims to nearby threats and by encouraging citizen monitoring of potential recidivists, may make sense in the context of traditional sex offenses and sex offenders. But child pornography crimes and the individuals who commit them are different, and they differ from archetypal sex crimes and criminals in ways that may unintentionally cause community notification laws to facilitate crime rather than inhibit it. Child porn offenses typically involve money or trade, and their commission hinges on successfully conspiring with others. Markets and information are necessary building blocks …