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Articles 16321 - 16350 of 25435
Full-Text Articles in Entire DC Network
Broad, Deep And Indirect: The Potential Influence Of Neuroscience In Law, Amanda C. Pustilnik
Broad, Deep And Indirect: The Potential Influence Of Neuroscience In Law, Amanda C. Pustilnik
Faculty Scholarship
No abstract provided.
Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit
Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit
Faculty Scholarship
No abstract provided.
Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell O. Chibundu
Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell O. Chibundu
Faculty Scholarship
No abstract provided.
Buying The Way To A Better Gulf Fishery: Buybacks For Hurricane Relief And Fisheries Rationalization In The Gulf Of Mexico, Michael Pappas
Buying The Way To A Better Gulf Fishery: Buybacks For Hurricane Relief And Fisheries Rationalization In The Gulf Of Mexico, Michael Pappas
Faculty Scholarship
Fishing stocks in the Gulf of Mexico have been dwindling for years, and in the aftermath of Hurricanes Katrina and Rita, the fishing industry has found itself in even deeper waters. But whle the two hurricanes caused massive damage to fishing fleets and infrastructrure, they may have also created an opporutnity for reform in the way Gulf fisheries are managed. In this Article Mike Pappas evaluates the use of a buyback program as a posssible solution. After examining the problmes of the Gulf fisheries both before and after the hurricanes, he looks at other buyback programs that have been successful …
The Elasticity Of Contract, Martha M. Ertman
The Elasticity Of Contract, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Book Review: Legal Tenderness, Martha M. Ertman
Book Review: Legal Tenderness, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Rankings, Reductionism, And Responsibility, Frank Pasquale
Rankings, Reductionism, And Responsibility, Frank Pasquale
Faculty Scholarship
After discussing how search engines operate, and sketching a normative basis for regulation of the rankings they generate, this piece proposes some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted (but high-ranking) results relating to them, or exclusion from high-ranking results they claim they are due to appear on. In the first case (deemed inclusion harm), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, which would lead to the complainant's own comment on …
Toward An Ecology Of Intellectual Property: Lessons From Environmental Economics For Valuing Copyright's Commons, Frank Pasquale
Toward An Ecology Of Intellectual Property: Lessons From Environmental Economics For Valuing Copyright's Commons, Frank Pasquale
Faculty Scholarship
The fair use defense in copyright law shields an intellectual commons of protected uses of copyrighted material from infringement actions. In determining whether a given use is fair, courts must assess the new use's potential effect on the market for the copyrighted work. Fair use jurisprudence too often fails to address the complementary, network, and long-range effects of new technologies on the market for copyrighted works. These effects parallel the indirect, direct, and option values of biodiversity recently recognized by environmental economists. Their sophisticated methods for valuing natural resources in tangible commons can inform legal efforts to address the intellectual …
Virtual Power Politics, James Grimmelmann
Virtual Power Politics, James Grimmelmann
Faculty Scholarship
Software-based rules are not automatically normative in virtual worlds. The feature-bug ambiguity always means that the social meaning of the "rules" is subject to negotiation and to political dispute. I illustrate this claim with an analysis of exploits.
Book Review: The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments 2005), Michael R. Dimino
Book Review: The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments 2005), Michael R. Dimino
Faculty Scholarship
No abstract provided.
Has Congress Stopped Executives From Raiding The Bank? A Critical Analysis Of I.R.C. §409a, Michael Hussey
Has Congress Stopped Executives From Raiding The Bank? A Critical Analysis Of I.R.C. §409a, Michael Hussey
Faculty Scholarship
No abstract provided.
Impeachment Calls And Death Threats: Assessing Criticisms Of The Death Penalty Jurisprudence Of Justices Kennedy And O’Connor, Susan Raeker-Jordan
Impeachment Calls And Death Threats: Assessing Criticisms Of The Death Penalty Jurisprudence Of Justices Kennedy And O’Connor, Susan Raeker-Jordan
Faculty Scholarship
No abstract provided.
Judaism And John Paul Ii: Coming To Grips With What Law Means In The Hands Of God, Randy Lee
Judaism And John Paul Ii: Coming To Grips With What Law Means In The Hands Of God, Randy Lee
Faculty Scholarship
No abstract provided.
Nineteenth Century Visions Of A Twenty-First Century Bar: Were Dickens’S Expectations For Lawyers Too Great?, Randy Lee
Faculty Scholarship
No abstract provided.
Parsing Personal Predilections: A Fresh Look At The Supreme Court’S Cruel And Unusual Death Penalty Jurisprudence, Susan Raeker-Jordan
Parsing Personal Predilections: A Fresh Look At The Supreme Court’S Cruel And Unusual Death Penalty Jurisprudence, Susan Raeker-Jordan
Faculty Scholarship
No abstract provided.
Preparing Your Witness: Do’S And Don’Ts, J. Palmer Lockard Ii
Preparing Your Witness: Do’S And Don’Ts, J. Palmer Lockard Ii
Faculty Scholarship
No abstract provided.
The Many Sides Of Immigration Law And Policy, Jill E. Family
The Many Sides Of Immigration Law And Policy, Jill E. Family
Faculty Scholarship
No abstract provided.
Who’S Afraid Of William Shakespeare?: Confronting Our Concepts Of Justice And Mercy In The Merchant Of Venice, Randy Lee
Faculty Scholarship
No abstract provided.
1031 Tenant In Common Exchanges: A "Tic"King Time Bomb At The Intersection Of Real Estate, Securities, And Tax Law?, Marilyn Blumberg Cane, Jennifer C. Erdelyi
1031 Tenant In Common Exchanges: A "Tic"King Time Bomb At The Intersection Of Real Estate, Securities, And Tax Law?, Marilyn Blumberg Cane, Jennifer C. Erdelyi
Faculty Scholarship
Those who follow economic trends know that investing in real estate has recently become a hotbed of activity. In response to the stock market's unpredictability, investors have been drawn to the commercial real estate market in record numbers, seeking to capitalize on low interest rates coupled with the rising appreciation such properties have offered. In addition to the potential upside of such investments, many commercial property investors seek a tax deferral method for the capital gains they realized upon the sale of other previously owned property. Section 1031 of the Internal Revenue Code ("Section 1031"), under specially defined circumstances, allows …
Human Rights Enforcement In The Twenty-First Century, Douglas L. Donoho
Human Rights Enforcement In The Twenty-First Century, Douglas L. Donoho
Faculty Scholarship
The international human rights system enters the twenty-first century facing a profound anomaly. Despite remarkable normative and institutional developments since the system's inception, the world remains mired in widespread violations of human dignity. Genocidal episodes have repeatedly scarred the consciousness of humankind since World War ll. Floods of refugees and simmering ethnic conflicts continually challenge the international community's capacity to respond, and grotesque forms of physical abuse, such as torture and summary execution, remain commonplace Despite a promising trend toward democratic governance around the world, basic civil liberties for countless millions remain only an empty promise.' Most disheartening of all, …
Federal Criminal Law And Tribal Self-Determination, Kevin Washburn
Federal Criminal Law And Tribal Self-Determination, Kevin Washburn
Faculty Scholarship
Under the rubric of "tribal self-determination," federal policymakers have shifted federal governmental power and control to tribal governments in nearly all areas of Indian policy. Normatively, this shift reflects an enlightened view about the role of Indian tribes in Indian policy. As a practical matter, it has also improved services to Indians on reservations by placing functions with tribal service providers who are more knowledgeable and more accountable than their federal counterparts. Despite broad adoption of self-determination as the dominant federal policy, felony criminal justice on Indian reservations has remained an exclusive federal function, and a highly ineffective enterprise, according …
Gender And Constitutional Design, Paula A. Monopoli
Gender And Constitutional Design, Paula A. Monopoli
Faculty Scholarship
Does the allocation of power between the legislative and executive branches, and the way we define the scope of the executive affect whether women ascend to executive office? In this article, Professor Monopoli argues that the constitutional process of boundary-drawing between the legislative and executive branches of government has implications for how successful women will be in ascending to executive positions. She posits that the Hamiltonian vision of an expansive executive with plenary power is the model least likely to result in women’s ascending to executive office. The essay traces the philosophical heritage of Hamilton’s vision and outlines the empirical …
2005 Uniform Commercial Code Survey: Introduction, Robyn L Meadows, Russell A. Hakes, Stephen L. Sepinuck
2005 Uniform Commercial Code Survey: Introduction, Robyn L Meadows, Russell A. Hakes, Stephen L. Sepinuck
Faculty Scholarship
No abstract provided.
Sales, Robyn L Meadows, Keith A. Rowley, Larry T. Garvin, Carolyn L. Dessin
Sales, Robyn L Meadows, Keith A. Rowley, Larry T. Garvin, Carolyn L. Dessin
Faculty Scholarship
No abstract provided.
Is It More Difficult To File For Bankruptcy? Consumer Provisions Of The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Juliet M Moringiello
Is It More Difficult To File For Bankruptcy? Consumer Provisions Of The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Juliet M Moringiello
Faculty Scholarship
No abstract provided.
Has Congress Slimmed Down The Hogs?: A Look At The Bapcpa Approach To Pre-Bankruptcy Planning, Juliet M Moringiello
Has Congress Slimmed Down The Hogs?: A Look At The Bapcpa Approach To Pre-Bankruptcy Planning, Juliet M Moringiello
Faculty Scholarship
No abstract provided.
Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds
Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds
Faculty Scholarship
No abstract provided.
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
Faculty Scholarship
No abstract provided.
Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustilnik
Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustilnik
Faculty Scholarship
Can constructs of social meaning lead to actual criminal confinement? Can the intangible value ascribed to the maintenance of certain social norms lead to radically inefficient choices about resource allocation? The disproportionate criminal confinement of people with severe mental illnesses relative to non-mentally ill individuals suggests that social meanings related to mental illness can create legal and physical walls around this disfavored group. Responding to the non-violent mentally ill principally through the criminal system imposes at least 6 billion dollars in costs annually on the public, above any offsetting public safety and deterrence benefits, and imposes terrible human costs on …
Locational Justice: Race, Class, And The Grassroots Protest Of Property Takings, Judith E. Koons
Locational Justice: Race, Class, And The Grassroots Protest Of Property Takings, Judith E. Koons
Faculty Scholarship
No abstract provided.