Digital Commons Network^™

Tribal Courts And The Federal Judiciary: Opportunities And Challenges For A Constitutional Democracy, Frank Pommersheim

Faculty Publications

No abstract provided.

The Context Of Employment Discrimination In Japan, Allen Madison

Faculty Publications

This article compares employment practices and laws regarding discrimination in Japan to those in the United States. Then it compares the cultural contexts in which discrimination and related regulation exist in each country. The article concludes that the Japanese laws are effective in the context of Japanese culture and that they are more likely to change Japanese attitudes about age, race, and gender in making hiring and promotion decisions than laws in the United States.

Urban Public Library Directors: Who Are They? Where Did They Come From?, Ken Haycock, L. Mccallum

Faculty Publications

No abstract provided.

Nondisclosure As A Contract Remedy: Explaining The Advance-Notice Puzzle, John T. Addison, John B. Chilton

Faculty Publications

Prior theoretical work predicts an underprovision of advance-notice contracts stemming from their enforcement costs. In the present model, it is rather the fundamental inability of workers to alienate their right to quit taken in conjunction with parameters central to job separation decisions that jointly determine the mix of notice and no-notice contracts observed in equilibrium. Not all equilibrium contracts are efficient, but there is no underprovision of notice. Mandating notice cannot improve on joint value and indeed may reduce it. Furthermore, although a mandate can be merely redistributive, there are cases in which it harms all parties.

Empire Forgotten: The United States's Colonization Of Puerto Rico, Ediberto Román

Faculty Publications

This Article tells a story of two countries: the first, a world power through its noble proclamations concerning human rights, led the charge for the recognition of a people's right to choose their political and socio-economic future; the second, because of its domination by the first, has been unable to have its people choose their political and socio-economic future. 10 In analyzing this relationship, this Article demonstrates how the United States, by denouncing imperialism while at the same time quietly enjoying its benefits, resembles the "colonizer who refuses."

How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman

Faculty Publications

Genetic enhancement technologies present difficult and novel regulatory issues, including the problem of measuring and comparing risks and benefits and dealing with the impact of these technologies on social values. This Article describes and evaluates the potential approaches that may be taken to regulate these technologies. The author concludes that a variety of approaches will be necessary, involving self-regulation, government restrictions on access and use, licensing, and a national lottery.

The Politics Of Establishing An International Criminal Court, Michael P. Scharf

Faculty Publications

Any substantive evaluation of the plan for an international criminal court requires first an understanding of the political currents that underlie the competing proposals. This piece briefly explores the politics of creating a permanent international criminal court. In particular, this comment examines three related issues: (1) the need for an international criminal court, (2) the political obstacles involved in creating such an institution, and (3) the prospects for success in light of these obstacles.

The Case For A Permanent International Truth Commission, Michael P. Scharf

Faculty Publications

This Article presents the case for the establishment of a permanent international truth commission as an adjunct to a permanent international criminal court or domestic prosecutions. Such a commission would be available to countries in the aftermath of situations involving grave humanitarian or human rights crimes. From the experience of the several international and national truth commissions established to date, this Article seeks to distill a framework for a pro- posed permanent international truth commission which would avoid the major problems that afflicted its predecessors. A draft statute for a permanent international truth commission is appended at the end of …

Model-Driven Simulation Of World-Wide-Web Cache Policies, Ying Shi, Edward Watson, Ye Sho Chen

Faculty Publications

The World Wide Web (WWW) has experienced a dramatic increase in popularity since 1993. Many reports indicate that its growth will continue at an exponential rate. This growth has created a tremendous increase in network loads and user response times. The complexity and diversity of many WWW documents (e.g., texts, images, video, audio, etc.) and the diversity of user requested WWW information require sophisticated WWW cache management strategies. Several popular WWW cache algorithms perform rather poorly and lack mathematical or empirical foundations. As a result, WWW system administrators and browser users are forced to arbitrarily define certain important cache parameters. …

Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala

Faculty Publications

No abstract provided.

The End Of Busing?, Davison M. Douglas

Faculty Publications

No abstract provided.

Private Commissions, Assisted Reproduction, And Lawyering, Larry I. Palmer

Faculty Publications

No abstract provided.

The Poor Image Of The Profession And The Ethical Pressures On The Modern Lawyer, Rodney A. Smolla

Faculty Publications

No abstract provided.

Restating Capitalization Standards And Rules: The Case For "Rough Justice" Regulations (Part One), John W. Lee, Eldridge Blanton, Veena Luthra, Glenn Walberg, Darryl Whitesell

Faculty Publications

No abstract provided.

Corporate Philanthropy, Executives' Pet Charities And The Agency Problem, Jayne W. Barnard

Faculty Publications

No abstract provided.

The Delisting Bias In Crsp Data, Tyler Shumway

Faculty Publications

I document a delisting bias in the stock return data base maintained by the Center for Research in Security Prices (CRSP). I find that delists for bankruptcy and other negative reasons are generally surprises and that correct delisting returns are not available for most of the stocks that have been delisted for negative reasons since 1962. Using over-the-counter price data, I show that the omitted delisting returns are large. Implications of the bias are discussed.

Pitfalls In Tests For Changes In Correlations, Brian H. Boyer, Michael S. Gibson, Mico Loretan

Faculty Publications

Correlations are crucial for pricing and hedging derivatives whose payoff depends on more than one asset. Typically, correlations computed separately for ordinary and stressful market conditions differ considerably, a pattern widely termed "correlation breakdown." As a result, risk managers worry that their hedges will be useless when they are most needed, namely during "stressful" market situations. We show that such worries may not be justified since "correlation breakdowns" can easily be generated by data whose distribution is stationary and, in particular, whose correlation coefficient is constant. We make this point analytically, by way of several numerical examples, and via an …

Evaluating Forecasts Of Correlation Using Option Pricing, Michael S. Gibson, Brian H. Boyer

Faculty Publications

A forecast of the correlation between two asset prices is required to price or hedge an option whose payoff depends on both asset prices or to measure the risk of a portfolio whose return depends on both asset prices. However, a number of factors make it difficult to evaluate forecasts of correlation. We develop a forecast evaluation methodology based on option pricing, extending a technique that Engle et al (1993) introduced to evaluate volatility forecasts. A forecast of the variance-covariance matrix of joint asset returns is used to generate a trading strategy for a package of simulated options. The most …

Two Paradigms For The Market Value Of Liabilities, Robert R. Reitano, Craig B. Merrill

Faculty Publications

Financial valuation models can be applied to insurance- related claims. In particular, these models are being employed to calculate the market value of insurance liabilities. The goal of this paper is to introduce the various approaches to valuation that are used in the finance literature and show how the valuation of insurance liabilities fits into the financial valuation framework. The theory suggests that securitization of insurance liabilities may lead to better market value calculations.

The Puzzling Purposes Of Statutes Of Limitation, Tyler T. Ochoa, Andrew Wistrich

Faculty Publications

One hundred years ago, Oliver Wendell Holmes, Jr. asked, "What is the justification for depriving a man of his rights, a pure evil as far as it goes, in consequence of the lapse of time?" A century later, we are still searching for a satisfactory answer to that question. The purpose of this Article is to press that inquiry further.

The law of limitation of actions is the set of legislatively and judicially created legal rules-including the classification of claims, the duration of limitation periods, the applicable principles of accrual and tolling, and the like-that determine whether a claim is …

Defiling The Dead: Necrophilia And The Law, Tyler T. Ochoa, Christine Jones

Faculty Publications

This article will examine the issue of criminal liability for necrophilia. Part II will address necrophilia in general and will discuss briefly why society finds such acts reprehensible. Part III will discuss existing criminal prohibitions against necrophilia in California and other states. Part IV will discuss the evidentiary use of necrophilia in proving other crimes. Finally, Part V will evaluate proposed legislation outlawing necrophilia.

The Jurisprudence Of Yogi Berra, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Otto Kaus And The Crocodile, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang

Faculty Publications

No abstract provided.

Nine Guidelines And A Reflection On Internet Copyright Practice, Howard C. Anawalt

Faculty Publications

No abstract provided.

Women's Health And Managed Care, Michelle Oberman, Margie Schaps

Faculty Publications

No abstract provided.

The Intellectual Property Renaissance In Cyberspace: Why Copyright Law Could Be Unimportant On The Internet, Eric Goldman

Faculty Publications

No abstract provided.

Welfare Reform Under The Personal Responsibility Act: Ending Welfare As We Know It Or Governmental Child Abuse?, Nancy A. Wright

Faculty Publications

No abstract provided.

Stories From The Gender Garden: Transsexuals And Anti-Discrimination Law, Patricia A. Cain

Faculty Publications

Federal antidiscrimination law (Title VII) and most state antidiscrimination laws do not apply to discrimination against transsexual persons. The standard legal analysis is that such discrimination is not discrimination on the basis of "sex." This article employs a narrative method in order to raise the reader's consciousness about the lives of transsexual and transgendered persons. Specifically, the article focuses on the stories of female-to-male transsexuals (FTMs) and other females who have embraced male attributes (e.g., butch lesbians). The very existence of many FTMs who are part-male and part-female challenges the bipolar nature of our current sex jurisprudence which assumes that …

Race And Property Values In Entrenched Segregation, Margalynne J. Armstrong

Faculty Publications

No abstract provided.