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Articles 13891 - 13920 of 20106
Full-Text Articles in Entire DC Network
At The Cutting Edge Of Labor Law Preemption: A Critique Of Chamber Of Commerce V. Lockyer, Stephen F. Befort, Bryan N. Smith
At The Cutting Edge Of Labor Law Preemption: A Critique Of Chamber Of Commerce V. Lockyer, Stephen F. Befort, Bryan N. Smith
Articles
This article analyzes the contours of federal labor law preemption through the lens of the Ninth Circuit Court of Appeals recent decision in Chamber of Commerce v. Lockyer, 364 F.3d 1154 (9th Cir. 2004). This case involves a constitutional challenge brought by the U.S. Chamber of Commerce and several other organizations to California Assembly Bill 1889 (AB 1889), enacted by the California legislature effective in 2001. This statute prohibits certain public employers, state grant recipients, and state contractors from using state-provided funds or property to assist, promote, or deter union organizing efforts. The Ninth Circuit, in a decision issued in …
The Labor And Employment Law Decisions Of The Supreme Court's 2003-04 Term, Stephen F. Befort
The Labor And Employment Law Decisions Of The Supreme Court's 2003-04 Term, Stephen F. Befort
Articles
It is longstanding tradition for the Secretary of the ABA's Labor and Employment Law Section to prepare a summary of the labor and employment decisions issued during each Supreme Court term. This article summarizes seven labor and employment decisions issued by the Court during its 2003-04 term as well as two other decisions that, while not arising under a labor or employment statute, have potential implications for labor and employment law. The article also analyzes each of the decisions for their overall impact and significance within the field of labor and employment law. The article goes on to discuss how …
Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett Mcdonnell
Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett Mcdonnell
Articles
The success of Chinese township-village enterprises (TVEs) poses a puzzle for a property rights approach to the theory of the firm, since no one really holds well-defined, transferable property rights to control and claim the residual profits of TVEs. TVEs also pose a second puzzle: in the last five or seven years, they have started to experience serious problems, despite reforms which have improved TVEs from a property rights perspective. This paper takes ideas from property rights and institutional approaches to economics and examines whether those ideas can help explain both of these puzzles. As to the first puzzle, reforms …
Corporate Constituency Statutes And Employee Governance, Brett Mcdonnell
Corporate Constituency Statutes And Employee Governance, Brett Mcdonnell
Articles
The paper compares the effects of corporate constituency statutes versus employee involvement in corporate governance, using a simple model to consider interactions between shareholders, employees, and managers. Both constituency statutes and employee governance tend to lead to a redistribution from shareholders to employees. However, constituency statutes do so at the cost of weakening limits on managerial misbehavior, thereby reducing social welfare. In contrast, employee governance strengthens the limits on managerial misbehavior, and hence is potentially more desirable than constituency statutes.
Sox Appeals, Brett Mcdonnell
Sox Appeals, Brett Mcdonnell
Articles
Through the Sarbanes-Oxley Act ("SOx"), Congress appeals to two groups, regulators and private actors. Most of the new duties and liabilities that SOx creates have limited legal substance, advancing little beyond previous rules. However, we must look further to see how regulators and private actors are responding. The SEC's rulemaking efforts directly required under SOx have not been inspiring, but SOx has helped prod the SEC into rulemaking which potentially could prove more important than all of the provisions of SOx combined: rules giving shareholders the ability to nominate directors using the corporation's proxy tools. The New York Stock Exchange …
The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge
The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge
Articles
No abstract provided.
Spectres Of Law And Economics (Book Review), William H. Widen
Spectres Of Law And Economics (Book Review), William H. Widen
Articles
No abstract provided.
Ramsey Numbers For Triangles Versus Almost-Complete Graphs, Brendan Mckay, Konrad Piwakowski, Stanislaw Radziszowski
Ramsey Numbers For Triangles Versus Almost-Complete Graphs, Brendan Mckay, Konrad Piwakowski, Stanislaw Radziszowski
Articles
We show that, in any coloring of the edges of K_38 with two colors, there exists a triangle in the first color or a monochromatic K_10-e (K_10 with one edge removed) in the second color, and hence we obtain a bound on the corresponding Ramsey number, R(K_3, K_10-e) <= 38. the new lower bound of 37 for this number is established by a coloring of K_36 avoiding triangles in the first color and K_10-e in the second color. This improves by one the vest previously known lower and upper bounds. we also give the bounds for the next Ramsey number of this type, 42 <= R(K_3, K_11-e) <= 47.
Terrorism, Security, And Environmental Protection, Stephen M. Johnson
Terrorism, Security, And Environmental Protection, Stephen M. Johnson
Articles
Part I of this Article examines the post-September 11 trend of reduced access to environmental, health, and safety information. Part II introduces the tools that governments might use to protect the environment while protecting homeland security, including planning and information disclosure, command and control measures, and pollution prevention measures. Part II also criticizes the reliance on command and control measures as the primary means of addressing the security issues created by businesses that engage in activities that could harm the environment, health, or safety. Part III explores the advantages of planning and information disclosure programs over command and control programs …
Smart Development For Brownfields: A Futures Approach Using The Prospective Through Scenarios Method, Dorothy Stewart
Smart Development For Brownfields: A Futures Approach Using The Prospective Through Scenarios Method, Dorothy Stewart
Articles
The technological revolution has resulted in fundamental changes as to how and where people work, live and play in modern day society. This has been coupled with unprecedented growth in certain developed countries and has culminated in the creation of new economies based on service provision. Such change has brought with it challenges commonly associated with unpredicted growth; traffic congestion, urban sprawl, the abandonment of inner cities, poor access to education and a perceived lack of affordable housing. However, people now want fewer hours in traffic and more opportunities to enjoy green space, and housing that is both affordable and …
Dit-Call: Naturally Speaking But Slow, Dermot Campbell, Marty Meinardi, Bunny Richardson, Eugene Coyle, Olivia Donnellan, Pak Kui Leung, Ciaran Macdonaill, Elmar Jung, Charles Pritchard
Dit-Call: Naturally Speaking But Slow, Dermot Campbell, Marty Meinardi, Bunny Richardson, Eugene Coyle, Olivia Donnellan, Pak Kui Leung, Ciaran Macdonaill, Elmar Jung, Charles Pritchard
Articles
This paper introduces a new development in speech technology and describes its planned application in an EFL context. Special attention is paid to the pedagogical potential of the resultant language tool.
The Fair City Production Line: An Examination Of Soap Opera’S Potential Contribution To The Public Sphere, Edward Brennan
The Fair City Production Line: An Examination Of Soap Opera’S Potential Contribution To The Public Sphere, Edward Brennan
Articles
Between December 2000 and February 2001 the Irish soap opera Fair City ran an unprecedented, risky and controversial abortion storyline. This came before a looming referendum on the legality of abortion. Here, Fair City was not just offering entertainment, but provoking debate and discussion on a divisive issue in Irish society. In this case, and many others, it appears that soap opera, by promoting such discussion, may contribute to the formation of public opinion in contemporary civil society. Heretofore, most academic studies have overlooked the possible consequences of soap opera for civil society, public opinion and the democratic process. This …
Power Coupling Between Two Step-Index Multimode Fibers Of Different Numerical Apertures With An Angular Misalignment, Cheng Gao, Gerald Farrell
Power Coupling Between Two Step-Index Multimode Fibers Of Different Numerical Apertures With An Angular Misalignment, Cheng Gao, Gerald Farrell
Articles
Coupling efficiency between two step- index multimode fibers of different numerical aper- tures with an angular misalignment is calculated. The theory is presented using radiometry and geometrical optics. The limit case of the calculation is consistent with a previously published result. The results may be useful for applications such as power launching between two types of fibers with different numerical apertures for example silica fiber and plastic optical fiber(POF) and with an angular misalignment.
The Future Of Sustainable Development: A European Perspective, Ruth Kelly
The Future Of Sustainable Development: A European Perspective, Ruth Kelly
Articles
We are living in times of turbulence and complex changes without precedent in history. It is becoming increasingly evident that humans are an intrinsic component of nature in that their actions affect both the biotic and abiotic environments, and are in turn affected by everything that shapes those environments. In evolutionary terms, population growth, societal restructuring, exhaustion of natural resources and technological advancements have usually been so slow as to be indiscernible during an individual lifetime. However, in the past two centuries the global economy has shown exponential growth, transforming the character of the planet and especially of human life …
Purchasing Consortia And Electronic Markets: A Procurement Direction In Integrated Supply Chain Management, Bernd Huber, Edward Sweeney, Austin Smyth
Purchasing Consortia And Electronic Markets: A Procurement Direction In Integrated Supply Chain Management, Bernd Huber, Edward Sweeney, Austin Smyth
Articles
In supply chain management literature, there has been little empirical research investigation on purchasing consortium issues focusing on a detailed analysis of information and communication (ICT) based procurement strategies. Based on the exploration of academic literature and two surveys among purchasing organisations as well as e-Marketplaces / procurement service providers (PSPs) in the automotive and electronics industry sectors, the research methodology follows a positivistic approach in order to assess the overall statement: ‘Effective participation in electronic purchasing consortia (EPC) can have the potential to enhance competitive advantage. Implementation therefore requires a clear and detailed understanding of the major process structures …
Henrietta Street Conservation Plan, Shaffrey Associates (Architects), John Montague Dr., Carrig Conservation Ltd., Tracy Pickerill, Lee Mccullough & Partners (Engineers), Boylan Farrelly (Quantity Surveyors)
Henrietta Street Conservation Plan, Shaffrey Associates (Architects), John Montague Dr., Carrig Conservation Ltd., Tracy Pickerill, Lee Mccullough & Partners (Engineers), Boylan Farrelly (Quantity Surveyors)
Articles
The objectives behind the Henrietta Street Conservation Plan are to re-affirm the significance of Henrietta Street; to identify the issues that undermine the importance of the street and to set out policies aimed at protecting the aspects of the street which are of importance into the future.Dublin City Council & The Heritage Council
Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack
Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack
Articles
No abstract provided.
Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann
Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann
Articles
No abstract provided.
Protein Fingerprinting: A Domain-Free Approach To Protein Analysis, Jeffery L. Shultz, Chet Langin, Dennis G. Watson, David Lightfoot
Protein Fingerprinting: A Domain-Free Approach To Protein Analysis, Jeffery L. Shultz, Chet Langin, Dennis G. Watson, David Lightfoot
Articles
An alternative method for analyzing proteins is proposed. Currently, protein search engines available on the internet utilize domains (predefined sequences of amino acids) to align proteins. The method presented converts a protein sequence with the use of 1200 numeric codes that represent a unique three—amino-acid protein sequence. Each numeric code starts with one of three specific amino acids, followed by any two additional amino acids. With the use of the FPC (FingerPrinted Contig) program, the total protein database (including “redundant” records) from the National Center for Biotechnology Information (NCBI) has been processed and placed into “bins/contigs” based on associations of …
Editor's Note: Penalver And Gordley, Jessica Owley
Mercy Lawyers, Anthony V. Alfieri
When We Say UsTm, We Mean It!, A. Michael Froomkin
Grutter's First Amendment, Paul Horwitz
Grutter's First Amendment, Paul Horwitz
Articles
In Grutter v. Bollinger, the Supreme Court noted that universi ties "occupy a special niche" in the First Amendment, and suggested that they are entitled to a substantial degree of institutional autonomy. This Article evaluates the First Amendment implications of this ruling. It explores three possible First Amendment readings of Grutter. First, Grutter may be viewed as a charter of institutional autonomy for universities. That reading carries a variety of implications, not all of which may be equally pleasing to Grutters supporters. Second, Grutter may be read as advancing a substantive view of academic freedom based on its value to …
Preparation Of (Pb,Ba)Tio3 Powders And Highly Oriented Thin Films By A Sol-Gel Process, Stacey Boland, Suresh Pillai, Wein-Duo Yang, Sossina Haile
Preparation Of (Pb,Ba)Tio3 Powders And Highly Oriented Thin Films By A Sol-Gel Process, Stacey Boland, Suresh Pillai, Wein-Duo Yang, Sossina Haile
Articles
Solid solution Pb1-xBaxTiO3, with particular emphasis on Pb0.5Ba0.5TiO3, was prepared
using a sol-gel process incorporating lead acetate trihydrate, barium acetate, and
titanium isopropoxide as precursors, acetylacetone (2,4 pentanedione) as a chelating
agent, and ethylene glycol as a solvent. The synthesis procedure was optimized by
systematically varying acetylacetone: Ti and H2O:Ti molar ratios and calcination
temperature. The resulting effects on sol and powder properties were studied using
thermogravimetric analysis/differential scanning calorimetry, Fourier transform infrared
spectroscopy, Brunauer-Emmett-Teller analysis, and x-ray diffraction (XRD).
Crystallization of the perovskite structure occurred at a temperature as low as 450 °C.
Thin films were prepared by spin …
Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Anne Morrison Piehl, Margo Schlanger
Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Anne Morrison Piehl, Margo Schlanger
Articles
This article uses panel data estimation techniques to examine the relation between the number of federal court civil filings by inmates and jail and state prison populations (and, hence, the relation between jail and prison inmate filing rates) both before and after the effective date, in 1996, of the Prison Litigation Reform Act (PLRA). The research issue matters for several reasons. First, the amount of litigation by inmates is a crucial component of the regulatory regime governing jails and prisons and thus what factors drive filings, and by how much, deserves close attention and assessment. In addition, the PLRA was …
The 2003 Revised Uniform Estate Tax Apportionment Act, Douglas A. Kahn
The 2003 Revised Uniform Estate Tax Apportionment Act, Douglas A. Kahn
Articles
Editors' Synopsis: This Article describes the significant sections of the 2003 Uniform Estate Tax Apportionment Act (the "2003 Uniform Act'). The Article explains the purpose and operation of the 2003 Uniform Act's various sections and notes some of the differences between the 2003 Uniform Act and its prior version.
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Articles
Information is the lifeblood of regulatory policy. The effective use of governmental power depends on information about conditions in the world, strategies for improving those conditions, and the consequences associated with deploying different strategies. Indeed, this need for information has led legislatures to create specialized committee structures, delegate policy authority to expert agencies, and develop administrative procedures that encourage analysis. Although legal scholars have extensively debated procedures and reforms designed to improve the analytic and scientific basis of regulatory policymaking, they have paid relatively little attention to how regulators gain the information they need for making and implementing regulatory policy. …
Derechos Y Honra Públicos: Louis Martinet, Plessy Contra Ferguson Y El Acceso A La Ley En Luisiana, 1888-1917, Rebecca J. Scott
Derechos Y Honra Públicos: Louis Martinet, Plessy Contra Ferguson Y El Acceso A La Ley En Luisiana, 1888-1917, Rebecca J. Scott
Articles
Rebecca J. Scott explores the historical context of Plessy v. Ferguson to two ends. First, Scott argues that that the historical situation, including everyday legal practice, helps us understand the source of the arguments in the case. In particular, the plaintiffs based their understanding of their rights in the French revolution, the Louisiana Constitution, and their experience exercising their rights through notaries. Second, Scott argues that the plaintiffs and defendants sought to frame the case with different rights. For the plaintiffs, the issue with the Separate Car Act was "public rights" and "the dignity of citizenship." The defendants instead framed …
Benumbed, Carl E. Schneider
Benumbed, Carl E. Schneider
Articles
I originally intended to write a column on tort liability and research ethics, and I still plan to do so. But this column is a cri de coeur as I finish another semester teaching law and bioethics. This year, I asked with growing frequency, urgency, and exasperation, "Must law's reverence for autonomy squeeze out the impulse to kindness? Where is the beneficence in bioethics?" These questions assail me every term. Why? Consider Steele v. Hamilton County Community Mental Health Board. Mr. Steele was involuntarily "hospitalized after his family reported that he was 'seeing things and trying to fight imaginary …
The Law Of Duress And The Economics Of Credible Threats, Oren Bar-Gill, Omri Ben-Shahar
The Law Of Duress And The Economics Of Credible Threats, Oren Bar-Gill, Omri Ben-Shahar
Articles
This paper argues that enforcement of an agreement, reached under a threat to refrain from dealing, should be conditioned solely on the threat's credibility. When a credible threat exists, enforcement promotes social welfare and the threatened party's interests. If agreements backed by credible threats were not enforceable, the threatening party would not extort them and would instead refrain from deaing-to the threatened party's detriment. The doctrine of duress, which invalidates such agreements, hurts the coerced party. By denying enforcement when a credible threat exists, the duress doctrine precludes the threatened party from making the commitment necessary to reach agreement. Paradoxically, …