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Articles 16591 - 16620 of 25435
Full-Text Articles in Entire DC Network
Two Economists, Three Opinions? Economic Models For Private International Law - Cross Border Torts As Example, Ralf Michaels
Two Economists, Three Opinions? Economic Models For Private International Law - Cross Border Torts As Example, Ralf Michaels
Faculty Scholarship
Many agree that private international law does a poor job of leading to good and predictable results. Can law and economics bring more scientific, objective foundations to the discipline? Economics, one may hope, can bring the conclusiveness to the field that doctrine could not. But even a fleeting review of existing studies reveals a discrepancy of views or economic approaches that mirrors the discrepancy in the traditional private international law doctrine. This article sets out to test whether different models lead to different outcomes. It makes arguments in three economic models - a private law model, an international law model, …
Thirst: A Short History Of Drinking Water, James Salzman
Thirst: A Short History Of Drinking Water, James Salzman
Faculty Scholarship
From earliest times, human societies have faced the challenge of supplying adequate quality and quantities of drinking water. Whether limited by arid environments or urbanization, provision of clean drinking water is a prerequisite of any enduring society, but it is a daunting task for drinking water is a multi-faceted resource. Drinking water is most obviously a physical resource, one of the few truly essential requirements for life. Drinking water is also a cultural resource, of religious significance in many societies. A social resource, access to water reveals much about membership in society. A political resource, the provision of water to …
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
Faculty Scholarship
This article first sets out the child welfare system's assumption that there is a child welfare exception to the Fourth Amendment and then describes the ways it is used to facilitate child maltreatment investigations. It goes on to analyze the validity of this assumption according to current Fourth Amendment doctrine including under the special needs administrative exception. (This analysis may be particularly useful to both family/children's law scholars as well as to Fourth Amendment scholars, as it examines all of the state and federal appellate cases addressing the subject, and provides a most up-to-date evaluation of the Supreme Court's special …
Brief Amici Curiae In Support Of Respondent, Phillip Morris, Usa, Neil Vidmar
Brief Amici Curiae In Support Of Respondent, Phillip Morris, Usa, Neil Vidmar
Faculty Scholarship
Brief of Neil Vidmar, et al. Amici Curiae in support of Respondent, Phillip Morris, USA v. Williams, No. 15-1256 (U.S. Supreme Court, September 15, 2006) In Williams v. Philip Morris (1999) an Oregon jury awarded the plaintiff $800,000 in compensatory damages and $79.5 million in punitive damages, a verdict upheld by the Oregon Supreme Court, but appealed to the U.S. Supreme Court (oral argument set for Oct 31, 2006). Critics of punitive damages argue that (a) juries are incompetent, irrational or biased in awarding punitive damages and (b) judges and appellate courts fail to police excessive verdicts. This amicus brief …
Harnessing And Sharing The Benefits Of State Sponsored Research, Arti K. Rai, Rebecca S. Eisenberg
Harnessing And Sharing The Benefits Of State Sponsored Research, Arti K. Rai, Rebecca S. Eisenberg
Faculty Scholarship
In recent years data-sharing has been a recurring focus of struggle within the scientific research community as improvements in information technology and digital networks have expanded the ways that data can be produced, disseminated, and used. Information technology makes it easier to share data in publicly accessible archives that aggregate data from multiple sources. Such sharing and aggregation facilitate observations that would otherwise be impossible. But data disclosure poses a dilemma for scientists. Data have long been the stock in trade of working scientists, lending credibility to their claims while highlighting new questions that are worthy of future research funding. …
The Story Of Ingersoll-Rand V. Ciavatta: Employee Inventors In Corporate Research & Development — Reconciling Innovation With Entrepreneurship, Catherine Fisk
The Story Of Ingersoll-Rand V. Ciavatta: Employee Inventors In Corporate Research & Development — Reconciling Innovation With Entrepreneurship, Catherine Fisk
Faculty Scholarship
Most inventors work as employees for the majority of their careers and are often required as a condition of employment to sign a contract drafted by the firm's lawyers giving the firm exclusive control over as broad a range of economically valuable information and innovation that the lawyers think is legally feasible. Such contracts typically claim as firm property - both during and after an employee's term of employment - the nebulous category of "proprietary information," along with the slightly more clearly (though still poorly) defined category of "trade secrets." These contracts, variously known as "invention assignment agreements" or "holdover …
Eu Law As Private International Law? Re-Conceptualising The Country-Of-Origin Principle As Vested Rights Theory, Ralf Michaels
Eu Law As Private International Law? Re-Conceptualising The Country-Of-Origin Principle As Vested Rights Theory, Ralf Michaels
Faculty Scholarship
One of the most pertinent issues in contemporary European conflict of laws is the tension between Community law and traditional choice of law rules. The biggest problem comes not from the transposition of member state rules on choice of law into methodologically comparable EC Regulations, but rather from the so-called country-of-origin principle. This principle holds, broadly, that EU member states may not impose obligations on a provider of goods and services that go beyond the obligations imposed by the provider's home state. Originally conceived mainly with public law obligations in mind, the principle has an impact on choice of law …
Some Fundamental Jurisdictional Conceptions As Applied In Judgment Conventions, Ralf Michaels
Some Fundamental Jurisdictional Conceptions As Applied In Judgment Conventions, Ralf Michaels
Faculty Scholarship
The law of jurisdiction and of the recognition and enforcement of foreign judgments is confused. So is the debate about it. Basic concepts, even that of jurisdiction, have ambiguous meaning. Misunderstandings, most prominent in the failure to conclude a worldwide judgments convention at the Hague, are the consequence. This article tries to bring conceptual clarity to the field through an analysis of concepts and relations. The article first shows that jurisdiction as a requirement for the rendering of a decision (direct jurisdiction) and jurisdiction as a requirement for the decision's enforceability elsewhere (indirect jurisdiction), are logically independent from each other. …
The Oligopolistic Gatekeeper: The U.S. Accounting Profession, James D. Cox
The Oligopolistic Gatekeeper: The U.S. Accounting Profession, James D. Cox
Faculty Scholarship
The accounting and financial scandals the last few years not only produced the Sarbanes-Oxley Act, but have prompted a good deal of debate what forces led to so many dramatic reporting failures. This article is the only work to examine how the competitive structure of the accounting industry contributed to its movement from being a profession to a business that performed auditing. In the article we find not only documentation that the accounting profession is an oligopoly but a sound explanation of how its poor structure contributes significantly to negative social welfare. Throughout the article provides rich support of data …
Sosa, Customary International Law, And The Continuing Relevance Of Erie, Curtis A. Bradley, Jack L. Goldsmith, David H. Moore
Sosa, Customary International Law, And The Continuing Relevance Of Erie, Curtis A. Bradley, Jack L. Goldsmith, David H. Moore
Faculty Scholarship
Ten years ago, the conventional wisdom among international law academics was that customary international law (CIL) had the status of self-executing federal common law to be applied by courts without any need for political branch authorization. This "modern position" came under attack by so-called "revisionist" critics who argued that CIL had the status of federal common law only in the relatively rare situations in which the Constitution or political branches authorized courts to treat it as such. Modern position proponents are now claiming that the Supreme Court's 2004 decision in Sosa v. Alvarez-Machain confirms that CIL has the status of …
Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel
Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel
Faculty Scholarship
This inquiry argues that current Tenth Amendment jurisprudence causes net harm to federalism values under certain circumstances. Specifically, New York v. United States and Printz v. United States protect state autonomy to some extent by requiring the federal government to internalize more of the costs of federal regulation before engaging in regulation, and by addressing any accountability problems that commandeering can cause. But anticommandeering doctrine harms state autonomy in situations where the presence of the rule triggers more preemption going forward. Preemption generally causes a greater compromise of federalism values than does commandeering by eroding state regulatory control. While it …
A Transaction Cost Economizing Approach To Regulation: Understanding The Nimby Problem And Improving Regulatory Responses, Barak D. Richman, Christopher Boerner
A Transaction Cost Economizing Approach To Regulation: Understanding The Nimby Problem And Improving Regulatory Responses, Barak D. Richman, Christopher Boerner
Faculty Scholarship
This paper develops a transaction cost economic model for regulation and applies the model to environmental siting regulations designed to overcome NIMBY (Not In My Back Yard) political opposition. Negotiations between developers and resistant local communities to site waste facilities, such as landfills or solid waste incinerators, can be characterized as a contracting problem. A rudimentary application of the Coase theorem suggests that developers should be able to compensate communities adequately for hosting a waste facility, but rarely do such negotiations find success. Transaction costs associated with the requisite negotiations, communication, and implementation of the projects preclude efficient bargaining, and …
In Defense Of Regulatory Peer Review, James Salzman, J.B. Ruhl
In Defense Of Regulatory Peer Review, James Salzman, J.B. Ruhl
Faculty Scholarship
The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain types of agency decisions has recently been championed by the White House and proponents in Congress. Indeed, this past January the Office of Management and Budget finalized guidelines requiring peer review for large classes of agency activities. These initiatives have not gone unchallenged, and a fierce debate has resulted between those who claim peer review will strengthen the scientific basis of agency decisions and those …
Private Law Beyond The State? Europeanization, Globalization, Privatization, Ralf Michaels, Nils Jansen
Private Law Beyond The State? Europeanization, Globalization, Privatization, Ralf Michaels, Nils Jansen
Faculty Scholarship
Although the changing relation between private law and the state has become the subject of many debates, these debates are often unsatisfactory. Concepts like 'law', 'private law', and 'globalization' have unclear and shifting meanings; discussions are confined to specific questions and do not connect with similar discussions taking place elsewhere. In order to initiate the necessary broader approach, this article brings together the pertinent themes and aspects from various debates. It proposes a conceptual clarification of key notions in the debate- "private law," "state," "Europeanization," "globalization," and "privatization"- that should be of use beyond the immediate purposes of the rest …
Private Law And The State: Comparative Perceptions And Historic Observations, Ralf Michaels, Nils Jansen
Private Law And The State: Comparative Perceptions And Historic Observations, Ralf Michaels, Nils Jansen
Faculty Scholarship
The relation of private law to the state is one of the most complex aspects of the challenges posed for the law by Europeanization and globalization. It is not only distinct from that between public law and the state; it is also not the same in different legal systems. This article provides a historical and comparative overview of this relation in Germany and in the United States. It analyses the historical conditions and reasons for which the state became the ultimate source of authority for private law in Europe but remained largely without importance for doctrinal discussions and jurisprudential decisions …
Two Paradigms Of Jurisdiction, Ralf Michaels
Two Paradigms Of Jurisdiction, Ralf Michaels
Faculty Scholarship
No abstract provided.
The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale
The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale
Faculty Scholarship
This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently emphasize particular …
A Bridge, A Tax Revolt, And The Struggle To Industrialize: The Story And Legacy Of ‘Rockingham County V. Luten Bridge Co.’, Barak D. Richman, Jordi Weinstock, Jason Mehta
A Bridge, A Tax Revolt, And The Struggle To Industrialize: The Story And Legacy Of ‘Rockingham County V. Luten Bridge Co.’, Barak D. Richman, Jordi Weinstock, Jason Mehta
Faculty Scholarship
Rockingham County v. The Luten Bridge Company is now a staple in most Contracts casebooks. The popular story goes as follows: Rockingham County entered into a contract with the Luten Bridge Company to build a bridge over the Dan River. Shortly after work commenced, the County repudiated the contract. Nonetheless, the Luten Bridge Company continued with its construction project and sued the County for the entire bill. Judge John J. Parker, the long-time chief judge of the Fourth Circuit, ruled in the famous 1929 opinion that the County was liable only for the costs up until the time of breach …
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Testamentary Incorrectness: A Review Essay, Paul D. Carrington
Testamentary Incorrectness: A Review Essay, Paul D. Carrington
Faculty Scholarship
Reviewing Samuel P. King & Randall W. Roth, Broken Trust: Greed, Mismanagement, & Political Manipulation at America's Largest Charitable Trust (2006)
Assessing Chief Justice William Rehnquist, Erwin Chemerinsky
Assessing Chief Justice William Rehnquist, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Assumptions Of Federalism, Erwin Chemerinsky
The Assumptions Of Federalism, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Players Have Lost That Argument: Doping, Drug Testing, And Collective Bargaining, Paul H. Haagen
The Players Have Lost That Argument: Doping, Drug Testing, And Collective Bargaining, Paul H. Haagen
Faculty Scholarship
No abstract provided.
The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy
The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy
Faculty Scholarship
In India and China, a population gap has opened between young men and women. There are now about 100 million more men than women in those countries and a few of their neighbors. Many of the "missing women" either were never born because of sex-selective abortion or died in childhood because families devote more medical and other resources to boys. "Missing women" mean men who will never marry. Socially unintegrated young men are associated with a variety of social pathologies; most importantly, they are the prime recruitment targets of nationalist and fundamentalist political groups. Conservative and reactionaries have always argued …
Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr.
Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
The Just And The Wild, Laura S. Underkuffler
The Just And The Wild, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Kelo’S Moral Failure, Laura S. Underkuffler
Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder
Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.