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What's Next For Collection Management And Managers? Changing The Organization Of Collection Development, Jonathan Nabe Jan 2011

What's Next For Collection Management And Managers? Changing The Organization Of Collection Development, Jonathan Nabe

Articles

There have been considerable changes in publishing and information dissemination over the last decade. However, the structure and process of collection development at many libraries have not kept pace. In 2006, Morris Library at Southern Illinois University at Carbondale (SIUC) undertook a restructuring, in order to address the changing nature of collection development. This resulted in the creation of three new positions, more opportunities for planning and analysis, and new roles for liaisons. While there are drawbacks, the new structure has provided clear benefits, and may serve as a model for other academic libraries.


India's Evolving Patent Laws And The Wto Obligations: The Rejection Of Abbott Laboratories' Application For A New Kaletra Patent, Adam S. Chilton Jan 2011

India's Evolving Patent Laws And The Wto Obligations: The Rejection Of Abbott Laboratories' Application For A New Kaletra Patent, Adam S. Chilton

Articles

No abstract provided.


Direct Democracy: Government Of The People, By The People, And For The People, Richard A. Epstein Jan 2011

Direct Democracy: Government Of The People, By The People, And For The People, Richard A. Epstein

Articles

No abstract provided.


The Constitutionality Of Proposition 8, Richard A. Epstein Jan 2011

The Constitutionality Of Proposition 8, Richard A. Epstein

Articles

No abstract provided.


Littoral Rights Under The Takings Doctrine: The Clash Between The Ius Naturale And Stop The Beach Renourishment The Very Idea Of Judicial Takings, Richard A. Epstein Jan 2011

Littoral Rights Under The Takings Doctrine: The Clash Between The Ius Naturale And Stop The Beach Renourishment The Very Idea Of Judicial Takings, Richard A. Epstein

Articles

No abstract provided.


Heller's Gridlock Economy In Perspective: Why There Is Too Little, Not Too Much Private Property, Richard A. Epstein Jan 2011

Heller's Gridlock Economy In Perspective: Why There Is Too Little, Not Too Much Private Property, Richard A. Epstein

Articles

This Article critiques Michael Heller's important contribution in The Gridlock Economy. At no point does this Article take the position that gridlock, or the associated anticommons, is not a serious issue in the design of a legal system. But gridlock is not the major source of social dislocation; nor is private ownership the major source of gridlock. More concretely, this Article examines the other important sources of economic distortion that are unrelated to economic gridlock from private action. These include the use of excessive government subsidies (as with health care); misguided government licenses (as with broadcast licenses); the unwise use …


Randomization And The Fourth Amendment, Bernard E. Harcourt, Tracey L. Meares Jan 2011

Randomization And The Fourth Amendment, Bernard E. Harcourt, Tracey L. Meares

Articles

Randomized checkpoint searches are generally taken to be the exact antithesis of reasonableness under the Fourth Amendment. In the eyes of most jurists checkpoint searches violate the central requirement of valid Fourth Amendment searches-namely, individualized suspicion. We disagree. In this Article, we contend that randomized searches should serve as the very lodestar of a reasonable search. The notion of "individualized" suspicion is misleading; most suspicion in the modem policing context is group based and not individual specific. Randomized searches by definition are accompanied by a certain level of suspicion. The constitutional issue, we maintain, should not turn on the question …


Insider Trading And Ceo Pay, M. Todd Henderson Jan 2011

Insider Trading And Ceo Pay, M. Todd Henderson

Articles

This Article presents evidence showing that boards of directors "bargain" with executives about the profits they expect to make from trades in firm stock. The evidence suggests that executives whose trading freedom increased using Rule 10b5-1 trading plans experienced reductions in other forms of pay to offset the potential gains from trading. There are two potential benefits from trading-portfolio optimization and informed trading profits--and this Article allows us to isolate them. The data show that boards pay executives in a way that reflects the profits they are expected to earn from informed trades. It also casts some doubt on the …


Private Religious Discrimination, National Security, And The First Amendment, Aziz Huq Jan 2011

Private Religious Discrimination, National Security, And The First Amendment, Aziz Huq

Articles

No abstract provided.


Reducing Mass Incarceration: Lessons From The Deinstitutionalization Of Mental Hospitals In The 1960s, Bernard E. Harcourt Jan 2011

Reducing Mass Incarceration: Lessons From The Deinstitutionalization Of Mental Hospitals In The 1960s, Bernard E. Harcourt

Articles

No abstract provided.


On The Economics Of Climate Policy, Gary S. Becker, Kevin Murphy, Robert Topel Jan 2011

On The Economics Of Climate Policy, Gary S. Becker, Kevin Murphy, Robert Topel

Articles

No abstract provided.


Wikileaks And The First Amendment (Fcba Distinguished Speaker Series), Geoffrey R. Stone Jan 2011

Wikileaks And The First Amendment (Fcba Distinguished Speaker Series), Geoffrey R. Stone

Articles

No abstract provided.


Patent Liability Rules As Search Rules, Jonathan Masur Jan 2011

Patent Liability Rules As Search Rules, Jonathan Masur

Articles

Patent law's infringement doctrines, commonly understood to be simply rules of liability, are in fact search rules as well. Patent liability rules determine not only who will be responsible for what conduct, but also when patent holders and potential infringers will benefit from locating (or remaining ignorant of) one another. They thus affect the conditions under which parties will have incentives to engage in search. The dynamics of patent search are actually quite complicated. Under normal circumstances, patent law's liability rules generate approximately optimal investments in search as both patent holders and possible infringers have incentives to locate one another. …


Privatization And The Sale Of Tax Revenues, Julie Roin Jan 2011

Privatization And The Sale Of Tax Revenues, Julie Roin

Articles

No abstract provided.


Damages For Unlicensed Use, Omri Ben-Shahar Jan 2011

Damages For Unlicensed Use, Omri Ben-Shahar

Articles

This Article investigates the distinction between breach of license and infringement of property rights and how damages ought to be measured for each. It identifies two remedial puzzles. First, under current law the line between breach of a license contract and infringement of a property right is murky, and thus minor differences between violations could lead to major differences in damage measures. Second, damages for infringement are augmented in a subtle but distortive way by giving owners an option to choose between the greater of two computation measures, each based on different information. The Article argues that these existing remedial …


After Gender The Destruction Of Man - The Vatican's Nightmare Vision Of The 'Gender Agenda' For Law, Mary Anne Case Jan 2011

After Gender The Destruction Of Man - The Vatican's Nightmare Vision Of The 'Gender Agenda' For Law, Mary Anne Case

Articles

No abstract provided.


Bowman Lives: The Extraterritorial Application Of U.S. Criminal Law After Morrison V. National Australia Bank, Zachary D. Clopton Jan 2011

Bowman Lives: The Extraterritorial Application Of U.S. Criminal Law After Morrison V. National Australia Bank, Zachary D. Clopton

Articles

No abstract provided.


Breakdown Of The Social Democratic State: Taking A Fresh Look At Waldron's Dignity, Rights, And Responsibilities, Richard A. Epstein Jan 2011

Breakdown Of The Social Democratic State: Taking A Fresh Look At Waldron's Dignity, Rights, And Responsibilities, Richard A. Epstein

Articles

No abstract provided.


Realism About Judges, Richard A. Posner Jan 2011

Realism About Judges, Richard A. Posner

Articles

No abstract provided.


The Bluebook Blues (Reviewing Harvard Law Review Association, The Bluebook: A Uniform System Of Citation (19th Ed., 2010)), Richard A. Posner Jan 2011

The Bluebook Blues (Reviewing Harvard Law Review Association, The Bluebook: A Uniform System Of Citation (19th Ed., 2010)), Richard A. Posner

Articles

No abstract provided.


Nietzsche’S Naturalism Reconsidered, Brian Leiter Jan 2011

Nietzsche’S Naturalism Reconsidered, Brian Leiter

Articles

According to one recent scholar, “Most commentators on Nietzsche would agree that he is in a broad sense a naturalist in his mature philosophy” (Janaway 2007: 34). This may come as a surprise to those who think of Martin Heidegger, Walter Kaufmann, Paul DeMan, Sarah Kofman, and Alexander Nehamas, among others, as “commentators” on Nietzsche. And yet there are, indeed, clear signs that in the last twenty years, as Nietzsche studies has become more philosophically sophisticated, the naturalist reading of Nietzsche has come to the fore, certainly in Anglophone scholarship.1 In Nietzsche on Morality (Leiter 2002), I set out …


On Being 'Bound Thereby', Alison Lacroix Jan 2011

On Being 'Bound Thereby', Alison Lacroix

Articles

No abstract provided.


Originalism, Conservatism, And Judicial Restraint, David A. Strauss Jan 2011

Originalism, Conservatism, And Judicial Restraint, David A. Strauss

Articles

No abstract provided.


Patent Inflation, Jonathan Masur Jan 2011

Patent Inflation, Jonathan Masur

Articles

For more than two decades, the Patent and Trademark Office (PTO) and the Federal Circuit have exercised nearly complete institutional control over the patent system. Yet in recent years their stewardship has been widely criticized, largely on the basis of two particular failings. First, the PTO grants significant numbers of invalid patents, patents that impose substantial costs on innovative firms. And second, over time the Federal Circuit has steadily loosened the rules governing patentability, allowing ever more patents over a greater range of inventions. This Article argues that both of these modern trends may be attributable in whole or in …


Fixing Unfair Contracts, Omri Ben-Shahar Jan 2011

Fixing Unfair Contracts, Omri Ben-Shahar

Articles

Various doctrines of contract and consumer protection law allow courts to strike down unfair contract terms. A large literature has explored the question which terms should be viewed as unfair, but a related question has never been studied systematically-what provision should replace the vacated unfair term? How should a distributively unfair contract be fixed? This Article demonstrates that the law uses three competing criteria for a replacement provision: (1) the most reasonable term; (2) a punitive term, strongly unfavorable to the overreaching party; and (3) the minimally tolerable term, which preserves the original term as much as is tolerable. The …


The Failure Of Mandated Discourse, Omri Ben-Shahar, Carl E. Schneider Jan 2011

The Failure Of Mandated Discourse, Omri Ben-Shahar, Carl E. Schneider

Articles

This Article explores the spectacular prevalence, and failure, of the single most common technique for protecting personal autonomy in modern society: mandated disclosure. The Article has four Parts: (1) a comprehensive summary of the recurring use of mandated disclosures, in many forms and circumstances, in the areas of consumer and borrower protection, patient informed consent, contract formation, and constitutional rights; (2) a survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions; (3) an account of the multitude of reasons mandated disclosures fail, focusing on the political dynamics underlying …


Licensing Of Intellectual Property, Omri Ben-Shahar, Richard A. Epstein, Jonathan Masur Jan 2011

Licensing Of Intellectual Property, Omri Ben-Shahar, Richard A. Epstein, Jonathan Masur

Articles

No abstract provided.


Universal Exceptionalism In International Law, Anu Bradford, Eric A. Posner Jan 2011

Universal Exceptionalism In International Law, Anu Bradford, Eric A. Posner

Articles

A trope of international law scholarship is that the United States is an "exceptionalist" nation, one that takes a distinctive (frequently hostile, unilateralist, or hypocritical) stance toward international law. However, all major powers are similarly "exceptionalist," in the sense that they take distinctive approaches to international law that reflect their values and interests. We illustrate these arguments with discussions of China, the European Union, and the United States. Charges of international-law exceptionalism betray an undefended assumption that one particular view of international law (for scholars, usually the European view) is universally valid.


Failing Juvenile Courts And What Lawyers And Judges Can Do About It, Emily Buss Jan 2011

Failing Juvenile Courts And What Lawyers And Judges Can Do About It, Emily Buss

Articles

No abstract provided.


Feminist Fundamentalism As An Individual And Constitutional Commitment, Mary Anne Case Jan 2011

Feminist Fundamentalism As An Individual And Constitutional Commitment, Mary Anne Case

Articles

No abstract provided.