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Articles 11191 - 11220 of 20085
Full-Text Articles in Entire DC Network
Root And Branch: Contexts Of Legal History In Alabama And The South, Paul M. Pruitt Jr.
Root And Branch: Contexts Of Legal History In Alabama And The South, Paul M. Pruitt Jr.
Articles
No abstract provided.
The Economic Roots Of Domestic Violence, Donna Coker
Starting Out: Changing Patterns Of First Jobs For Michigan Law School Graduates, Terry K. Adams, David L. Chambers
Starting Out: Changing Patterns Of First Jobs For Michigan Law School Graduates, Terry K. Adams, David L. Chambers
Articles
In the early 1950s, the typical graduate of Michigan Law began his career working as an associate in a law firm with four other lawyers and earned about $5,000 in his first year. Surprising to us today, in his new job he would have earned slightly less than other classmates whose first jobs were in government. Fifty years later, in the early 2000s, the typical graduate still started out as an associate in a law firm, but the firm she worked for had more than 400 lawyers. She earned about $114,000 in her first year, about three times as much …
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr
Articles
Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, these remedies produce windfalls to guilty defendants and provoke public resentment, undermining their expressive value in condemning misconduct. To avoid these windfalls, courts refuse to grant any remedy at all, either refusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecutorial misconduct …
Peking University School Of Transnational Law: A New Venture In International Legal Relations, Howard Bromberg
Peking University School Of Transnational Law: A New Venture In International Legal Relations, Howard Bromberg
Articles
The School of Transnational Law (STL) is largely the work of two men of vision, Hai Wen, Vice-President of Peking University, and Jeffrey Lehman, former Dean of the University of Michigan Law School and President of Cornell University. Both were instrumental members of the Joint Center for China-U.S. Law and Policy Studies Institute (the Joint Center), founded in 2005, whose mission is to “nurture harmony between the Chinese and American legal systems through the dissemination of knowledge.” Hai and Lehman aspired to create a law school that would integrate China’s bold entry into global business and international diplomacy with a …
Metals Or Management? Explaining Africa's Recent Economic Growth Spurt, Laura Nyantung Beny, Lisa D. Cook
Metals Or Management? Explaining Africa's Recent Economic Growth Spurt, Laura Nyantung Beny, Lisa D. Cook
Articles
Explanations for Africa's poor long-run growth performance have varied over time. The theories examined include geography (Jeffrey D. Sachs and Andrew Warner 1997); institutions (William Easterly and Ross Levine 1997; Daron Acemoglu, Simon Johnson, and James Robinson 2001, 2002; Nathan Nunn 2007, 2008); health (David Bloom and Sachs 1998; Gregory N. Price 2003); and economic dependency (William Darity 1982). More recently, economists have attempted to explain what The Economist has called Africa's new "period of unparalleled economic success" (The Economist 2008a, 33). Average annual real GDP growth was 1.8 percent between 1980 and 1989 and increased to 4.4 percent between …
The Upc Addresses The Class-Gift And Intestacy Rights Of Children Of Assisted Reproduction Technologies, Lawrence W. Waggoner, Sheldon F. Kurtz
The Upc Addresses The Class-Gift And Intestacy Rights Of Children Of Assisted Reproduction Technologies, Lawrence W. Waggoner, Sheldon F. Kurtz
Articles
Editor's Synopsis: Recent years' advances in assisted reproduction technology have enabled the conception of children in ways in addition to the traditional way. The Uniform Probate Code was amended last year to address the status of children born from assisted reproductive technologies for intestacy and class-gift purposes. This article discusses the relevant UPC provisions and offers several hypothetical cases to show how they operate. The article concludes expressing the hope that states will consider the new UPC approach.
How Globalization Affects Tax Design, James R. Hines Jr., Lawrence H. Summers
How Globalization Affects Tax Design, James R. Hines Jr., Lawrence H. Summers
Articles
The economic changes associated with globalization tighten financial pressures on governments of high-income countries by increasing the demand for government spending while making it more costly to raise tax revenue. Greater international mobility of economic activity, and associated responsiveness of the tax base to tax rates, increases the economic distortions created by taxation. Countries with small open economies have relatively mobile tax bases; as a result, they rely much less heavily on corporate and personal income taxes than do other countries. The evidence indicates that a ten percent smaller population in 1999 is associated with a one percent smaller ratio …
Bargaining In The Shadow Of Rate-Setting Courts, Daniel A. Crane
Bargaining In The Shadow Of Rate-Setting Courts, Daniel A. Crane
Articles
Judges will tell you that they are comparatively poor rate regulators. The specialized, technical competence and supervisory capacity that public utilities commissions enjoy are usually absent from judicial chambers. Nonetheless, when granting antitrust remedies-particularly remedies for monopolistic abuse of intellectual property-courts sometimes purport to act as rate regulators for the licensing or sale of the defendant's assets. At the outset, we should distinguish between two forms ofjudicial rate setting. In one form, a court (or the FTC in its adjudicative capacity) grants a compulsory license and sets a specific rate as part of a final judgment or an order. The …
The Patient Life: Can Consumers Direct Health Care?, Carl E. Schneider, Mark A. Hall
The Patient Life: Can Consumers Direct Health Care?, Carl E. Schneider, Mark A. Hall
Articles
The ultimate aim of health care policy is good care at good prices. Managed care failed to achieve this goal through influencing providers, so health policy has turned to the only market-based option left: treating patients like consumers. Health insurance and tax policy now pressure patients to spend their own money when they select health plans, providers, and treatments. Expecting patients to choose what they need at the price they want, consumerists believe that market competition will constrain costs while optimizing quality. This classic form of consumerism is today's health policy watchword. This article evaluates consumerism and the regulatory mechanism …
Thou Good And Faithful Servant, Carl E. Schneider
Thou Good And Faithful Servant, Carl E. Schneider
Articles
Lawmakers are stewards of social resources. A current debate-over screening newborns for genetic disorders-illuminates dilemmas of that stewardship that have particularly plagued bioethics. Recently in the Report, Mary Ann Baily and Thomas Murray told the story of little Ben Haygood. He died from MCADD, a genetic disorder that can make long fasting fatal. Screening at birth would have let doctors alert Ben's parents. "After Ben died," Baily and Murray wrote, "his father became a passionate advocate for expanding Mississippi's newborn screening program to add MCADD and other disorders." Soon, the Ben Haygood Comprehensive Newborn Screening Act increased the number …
Working Group On Chapter 1 Of The Proposed Restatement Of Employment Law: Existence Of Employment Relationship, Dennis R. Nolan, Theodore J. St. Antoine, Joseph E. Slater, Alvin Goldman
Working Group On Chapter 1 Of The Proposed Restatement Of Employment Law: Existence Of Employment Relationship, Dennis R. Nolan, Theodore J. St. Antoine, Joseph E. Slater, Alvin Goldman
Articles
This article presents a critique of chapter 1 of the Proposed Restatement of Employment Law. The critique is organized to follow the organization of the proposed Restatement, which begins with a provision of black letter law, a series of comments and illustrations explaining the meaning and application of the black letter law, and the reporters' notes providing support for the black letter law and the commentary. This critique will follow that structure, with each part focusing on a section of the chapter: the introductory note; section 1.01; section 1.02; section 1.03; and section 1.04. The subdivisions of the parts will, …
The Oecd Harmful Tax Competition Report: A Tenth Anniversary Retrospective, Reuven S. Avi-Yonah
The Oecd Harmful Tax Competition Report: A Tenth Anniversary Retrospective, Reuven S. Avi-Yonah
Articles
Eleven years ago the Organisation for Economic Co-operation and Development published its report "Harmful Tax Competition: An Emerging Global Issue." The Report identified for the first time two problem areas facing international income taxation of geographically mobile activities: tax havens and harmful preferential tax regimes. It sought to initiate activities to eliminate both types of problems.
The Politics Of Intellectual Property, Jessica D. Litman
The Politics Of Intellectual Property, Jessica D. Litman
Articles
In May 2005, Keith Aoki invited me to participate on a panel on "The Politics of Copyright Law" at the 2006 Association of American Law Schools ("A.A.L.S. ") mid-year meeting workshop on Intellectual Property in Vancouver, British Columbia. The panel, renamed "The Politics of Intellectual Property," and moderated by Keith, included talks by Justin Hughes, Mark Lemley, Jay Thomas, and me, and it was followed by three concurrent sessions on "The Politics Concerning Moral Rights," "The Politics of Global Intellectual Property, " and "The Politics of Patent Reform." I'm not sure what the organizing committee had in mind when it …
Evolutionary Theory And The Origin Of Property Rights, James E. Krier
Evolutionary Theory And The Origin Of Property Rights, James E. Krier
Articles
For legal scholars, the evolution of property rights has been a topic in search of a theory. My aim here is to draw together various accounts (some of them largely neglected in the legal literature), from dated to modern, and suggest a way they can be melded into a plausible explanation of property's genesis and early development. What results hardly amounts to a theory, but it does suggest an outline for one. Moreover, it provides a primer on the subject, a reasonably solid foundation for thinking and talking about the evolution of property rights.
The Federal Courts As A Franchise: Rethinking The Justifications For Federal Question Jurisdiction, Gil Seinfeld
The Federal Courts As A Franchise: Rethinking The Justifications For Federal Question Jurisdiction, Gil Seinfeld
Articles
The components of the Federal Franchise model-procedural homogeneity, cultural conformity, and technical competence-should be familiar. The federal courts' capacity to provide these benefits has not escaped commentators' notice; indeed, there are points of connection between these features of federal court adjudication and the individual fragments of the conventional account.l0 But prior scholarly discussion of these themes has been unsystematic, treating them as (at best) secondary considerations when it comes to the allocation of federal question cases between the state and federal courts. This Article attempts to weave together these previously disconnected strands of thinking about federal court adjudication and to …
How Much Does It Matter Whether Courts Work Within The "Clearly Marked" Provisions Of The Bill Of Rights Or With The "Generalities" Of The Fourteenth Amendment?, Yale Kamisar
Articles
We know that it really mattered to Justice Hugo Black. As he made clear in his famous dissenting opinion in Adamson v. California] Black was convinced that the purpose of the Fourteenth Amendment was to apply the complete protection of the Bill of Rights to the states.2 And, as he also made plain in his Adamson dissent, he was equally convinced that working with the "specific" or "explicit" guarantees of the first Eight Amendments would furnish Americans more protection than would applying the generalities of the Fourteenth Amendment.3
Parens Patriae Run Amuck: The Child Welfare System's Disregard For The Constitutional Rights Of Non-Offending Parents, Vivek Sankaran
Parens Patriae Run Amuck: The Child Welfare System's Disregard For The Constitutional Rights Of Non-Offending Parents, Vivek Sankaran
Articles
Over the past hundred years, a consensus has emerged recognizing a parent's ability to raise his or her child as a fundamental, sacrosanct right protected by the Constitution. Federal courts have repeatedly rejected the parens patriae summary mode of decision making that predominated juvenile courts at the turn of the twentieth century and have instead held that juvenile courts must afford basic due process to parents prior to depriving them of custodial rights to their children. This recognition has led to the strengthening of procedural protections for parents accused of child abuse or neglect in civil child protection proceedings. Yet, …
Incorporating A 'Best Interests Of The Child' Approach Into Immigration Law And Procedure, Bridgette A. Carr
Incorporating A 'Best Interests Of The Child' Approach Into Immigration Law And Procedure, Bridgette A. Carr
Articles
United States immigration law and procedure frequently ignore the plight of children directly affected by immigration proceedings. This ignorance means decision-makers often lack the discretion to protect a child from persecution by halting the deportation of a parent, while parents must choose between abandoning their children in a foreign land and risking the torture of their children. United States immigration law systematically fails to consider the best interests of children directly affected by immigration proceedings. This failure has resulted in a split among the federal circuit courts of appeals regarding whether the persecution a child faces may be used to …
The German Constitutional Court Says 'Ja Zu Deutschland!', Daniel H. Halberstam, Christoph Möllers
The German Constitutional Court Says 'Ja Zu Deutschland!', Daniel H. Halberstam, Christoph Möllers
Articles
In announcing the decision of the Bundesverfassungsgericht (BVerfG - Federal Constitutional Court) on the constitutionality of the Lisbon Treaty, the Presiding Justice of the Second Senate summed up the judgment by proclaiming: “Das Grundgesetz sagt ‘Ja' zum Vertrag von Lissabon.”
Application Of Natural Antimicrobials For Food Preservation, Brijesh Tiwari, Vasilis Valdramidis, Colm O' Donnell, Kasiviswanathan Muthukumarappan, Patrick J. Cullen, Paula Bourke
Application Of Natural Antimicrobials For Food Preservation, Brijesh Tiwari, Vasilis Valdramidis, Colm O' Donnell, Kasiviswanathan Muthukumarappan, Patrick J. Cullen, Paula Bourke
Articles
In this review, antimicrobials from a range of plant, animal, and microbial sources are reviewed 10 along with their potential applications in food systems. Chemical and biochemical antimicrobial 11 compounds derived from these natural sources and their activity against a range of pathogenic and 12 spoilage microorganisms pertinent to food, together with their effects on food organoleptic proper- 13 ties, are outlined. Factors influencing the antimicrobial activity of such agents are discussed 14 including extraction methods, molecular weight, and agent origin. These issues are considered in 15 conjunction with the latest developments in the quantification of the minimum inhibitory (and …
Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation, And Play,, Janet E. Lord, Michael Ashley Stein
Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation, And Play,, Janet E. Lord, Michael Ashley Stein
Articles
No abstract provided.
International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi
International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi
Articles
Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street corners, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible for …
The Antimicrobial Efficacy And Structure Activity Relationship Of Novel Carbohydrate Fatty Acid Derivatives Against Listera Spp. And Food Spoilage Microorganisms, Patricia Nobmann, Aoife Smith, Julie Dunne, Gary Henehan, Paula Bourke
The Antimicrobial Efficacy And Structure Activity Relationship Of Novel Carbohydrate Fatty Acid Derivatives Against Listera Spp. And Food Spoilage Microorganisms, Patricia Nobmann, Aoife Smith, Julie Dunne, Gary Henehan, Paula Bourke
Articles
Novel mono-substituted carbohydrate fatty acid (CFA) esters and ethers were investigated for their antibacterial activity against a range of pathogenic and spoilage bacteria focussing on Listeria monocytogenes. Carbohydrate derivatives with structural differences enable comparative studies on the structure/activity relationship for antimicrobial efficacy and mechanism of action. The antimicrobial efficacy of the synthesized compounds was compared with commercially available compounds such as monolaurin and monocaprylin, as well as the pure free fatty acids, lauric acid and caprylic acid, which have proven antimicrobial activity. Compound efficacy was compared using an absorbance based broth microdilution assay to determine the minimum inhibitory concentration (MIC), …
Phase Transitions In Materials With Thermal Memory: The Case Of Unequal Conductivities, John Murrough Golden
Phase Transitions In Materials With Thermal Memory: The Case Of Unequal Conductivities, John Murrough Golden
Articles
A model for thermally induced phase transitions in materials with thermal memory was recently proposed, where the equations determining heatflow were assumed to be the same in both phases. In this work, the model is generalized to the case of phase dependent heatflow relations. The temperature (or coldness) gradient is decomposed into two parts, each zero on one phase and equal to the temperature (or coldness) gradient on the other. However, they vary smoothly over the transition zone. These are treated as separate independent quantities in the derivation of field equations from thermodynamics. Heat flux is given by an integral …
On The Socles Of Fully Invariant Abelian P-Groups, Brendan Goldsmith, P. V. Danchev
On The Socles Of Fully Invariant Abelian P-Groups, Brendan Goldsmith, P. V. Danchev
Articles
The classification of the fully invariant subgroups of a reduced Abelian p-group is a difficult long-standing problem when one moves outside of the class of fully transitive groups. In this work we restrict attention to the socles of fully invariant subgroups and introduce a new class of groups which we term socle-regular groups; this class is shown to be large and strictly contains the class of fully transitive groups. The basic properties of such groups are investigated but it is shown that the classification of even this simplified class of groups, seems extremely difficult.
Converging Flow Between Coaxial Cones, O. Hall, A. D. Gilbert, C. P. Hills
Converging Flow Between Coaxial Cones, O. Hall, A. D. Gilbert, C. P. Hills
Articles
Fluid flow governed by the Navier-Stokes equation is considered in a domain bounded by two cones with the same axis. In the first, 'non-parallel' case, the two cones have the same apex and different angles θ = α and β in spherical polar coordinates (r, θ, φ). In the second, 'parallel' case, the two cones have the same opening angle α, parallel walls separated by a gap h and apices separated by a distance h/sinα. Flows are driven by a source Q at the origin, the apex of the lower cone in the parallel case. The Stokes solution for the …
Nonaxisymmetric Stokes Flow Between Concentric Cones, O. Hall, C. P. Hills, A. D. Gilbert
Nonaxisymmetric Stokes Flow Between Concentric Cones, O. Hall, C. P. Hills, A. D. Gilbert
Articles
We study the fully three-dimensional Stokes flow within a geometry consisting of two infinite cones with coincident apices. The Stokes approximation is valid near the apex and we consider the dominant flow features as it is approached. The cones are assumed to be stationary and the flow to be driven by an arbitrary far-field disturbance. We express the flow quantities in terms of eigenfunction expansions and allow for the first time for nonaxisymmetric flow regimes through an azimuthal wave number. The eigenvalue problem is solved numerically for successive wave numbers. Both real and complex sequences of eigenvalues are found, their …
Generalised Fourier Transform And Perturbations To Soliton Equations, Georgi Grahovski, Rossen Ivanov
Generalised Fourier Transform And Perturbations To Soliton Equations, Georgi Grahovski, Rossen Ivanov
Articles
A brief survey of the theory of soliton perturbations is presented. The focus is on the usefulness of the so-called Generalised Fourier Transform (GFT). This is a method that involves expansions over the complete basis of “squared solutions” of the spectral problem, associated to the soliton equation. The Inverse Scattering Transform for the corresponding hierarchy of soliton equations can be viewed as a GFT where the expansions of the solutions have generalised Fourier coefficients given by the scattering data. The GFT provides a natural setting for the analysis of small perturbations to an integrable equation: starting from a purely soliton …
Equations Of The Camassa-Holm Hierarchy, Rossen Ivanov
Equations Of The Camassa-Holm Hierarchy, Rossen Ivanov
Articles
The squared eigenfunctions of the spectral problem associated with the CamassaHolm (CH) equation represent a complete basis of functions, which helps to describe the inverse scattering transform for the CH hierarchy as a generalized Fourier transform (GFT). All the fundamental properties of the CH equation, such as the integrals of motion, the description of the equations of the whole hierarchy, and their Hamiltonian structures, can be naturally expressed using the completeness relation and the recursion operator, whose eigenfunctions are the squared solutions. Using the GFT, we explicitly describe some members of the CH hierarchy, including integrable deformations for the CH …