Digital Commons Network^™

The Law Of Cross-Border Securitization: Lex Juris, Tamar Frankel

Faculty Scholarship

This article discusses the process by which the law of crossborder securitization evolves and becomes uniform. In a former article entitled Cross-Border Securitization: Without Law, but Not Lawless, I posited that "the laws governing cross-border securitization are developed first by decentralized lawmaking 'markets," and then absorbed by centralized lawmaking of communities, large intermediaries, and corporations."¹ I suggested that a cyclical process is involved. New forms of cross-border securitization and new legal issues emerge while old forms and settled issues solidify into rules. This article continues the inquiry. The first part of the article also defines the meaning of a …

The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann

Faculty Scholarship

Seldom, if ever, have the power and the purposes of legislation been rendered so impotent.... All that is left today are afew scattered remnants of a once grandiose scheme to nationalize the fundamental rights of the individual.

These words were written fifty years ago by Eugene Gressman, now William Rand Kenan, Jr. Professor Emeritus, University of North Carolina School of Law, as a description of what the courts, primarily the Supreme Court of the United States, had done with the civil rights legislation passed by Congress in the wake of the Civil War. Professor Gressman's article, The Unhappy History of …

Jlanli Zhongguo De Jianshe Luyue Baozheng Tixi [Establishing China's Construction Performance Bond System], Daniel J. Mitterhoff

Faculty Scholarship

No abstract provided.

Community Conflicts Over Intensive Livestock Operations: How And Why Do Such Conflicts Escalate?, Charles W. Abdalla, John C. Becker, Ralph Hanke, Celia Cook-Huffman, Barbara Gray, Nancy A. Welsh

Faculty Scholarship

Why do community groups and individuals oppose establishment of intensive scale livestock operations in communities? Why have established forms of economic activity become the pariah of rural communities across the nation? In December 1997, the Pennsylvania Senate passed Resolution 91. This article addresses the results of a research project funded by the state Department of Agriculture in response to Senate Resolution 91, directing the Secretary of Agriculture to develop a model of community dispute resolution to address community conflicts involving intensive livestock operations ("ILOs"). Specifically this article addresses project findings detailing why conflicts over ILOs arise and how they escalate.

Selecting A Trust Situs In The 21st Century, Sergio Pareja, John A. Warnick

Faculty Scholarship

While members of Congress vigorously debate the advantages and disadvantages of keeping the current transfer tax system, states rapidly are enacting laws that entice long-term trusts to those states. Although establishing or relocating a trust to a state other than the grantor's home state is not for every family, it is a planning technique that merits consideration by families with significant assets. The chart on pages 60-63 provides general information on the laws of all fifty states. This article focuses on three specific considerations related to selecting a favorable trust situs. First, it considers the effect of recent repeals or …

Nematic Liquid-Crystal Polarization Gratings By Modification Of Surface Alignment, Bing Wen, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

The stylus of an atomic force microscope is used to scribe preferred directions for liquid-crystal alignment on a polyimide-coated substrate. The opposing substrate that comprises the liquid-crystal cell is rubbed unidirectionally, resulting in a twisted nematic structure associated with each micrometer-sized pixel The polarization of light entering from the uniformly rubbed substrate rotates with the nematic director by a different amount in each pixel, and each of the two emerging polarization eigenmodes interferes separately. Two examples are discussed: A square grating that allows only odd-order diffraction peaks and a grating that combines rotation with optical retardation to simulate a blazed …

Infringement Once Removed: The Perils Of Hyperlinking To Infringing Content, Stacey Dogan

Faculty Scholarship

This Article contends that the basic premise of Sony---that context and effect must play a role in evaluating allegations of secondary liability for copyright infringement-has application beyond the isolated case of equipment manufacture. More specifically, I propose a modified Sony framework for evaluating secondary liability for linking to infringing content. While this approach repudiates the strict view of secondary liability in favor of a more nuanced analysis, it stops short of advocating wholesale immunity for linkers. To the contrary, I contend that certain links, like certain acts of direct infringement, threaten copyright law's incentives with few compensating benefits to the …

Abuse Of Rights: An Old Principle, A New Age, Michael Byers

Faculty Scholarship

No abstract provided.

Hold-Up And Patent Licensing Of Cumulative Innovations With Private Information, James Bessen

Faculty Scholarship

When innovation is cumulative, early patentees hold claims against later innovators. Then potential hold-up may cause prospective second stage innovators to forego investing in R&D. It is sometimes argued that ex ante licensing (before R&D) avoids hold-up. This paper explores ex ante licensing when information about development cost is private. In this case, contracts may not be written ex ante. Moreover, the socially optimal division of profit occurs with weak patents and ex post licensing. Empirical evidence on licensing conforms to a model with private information. In some innovative industries, little ex ante licensing occurs, suggesting hold-up remains a problem.

Making Economic Sense Out Of Unisex Life Insurance (Or The Difference Between Cost And Value And Why It Matters To Real People), Richard A. Booth Marbury Research Professor Of Law

Faculty Scholarship

In this piece, I take issue with one of the fundamental tenets of law and economics as it has been used to justify gender discrimination in the pricing of life insurance and annuities, namely, that individuals should bear their own identifiable costs so as to avoid misallocation of society's resources. Most scholars of the law and economics persuasion have argued that unisex pricing of life insurance products is a bad idea because on the average women live longer than men. They argue that it costs more to insure the life of a man because the payoff comes sooner and the …

Enhancing The Integration Of Research And Education Using An Interdisciplinary Undergraduate Research Symposium, Philip J. Nyhus, F Russell Cole, David H. Firmage, Edward H. Yeterian

Faculty Scholarship

No abstract provided.

Enhancing Education Through Research In The Environmental Science Laboratory: Integrating Gis And Project-Based Learning At Colby College, Philip J. Nyhus, F Russell Cole, David H. Firmage, P S. Lehmann

Faculty Scholarship

No abstract provided.

A Role For Natural Resource Social Science In Biodiversity Risk Assessment, Philip J. Nyhus, Frances R. Westley, Robert C. Lacey, Philip S. Miller

Faculty Scholarship

Biologists have made considerable progress in developing realistic simulation models to predict extinction risks for threatened species. Social scientists have to date had a more limited role in these efforts. This limited involvement comes despite the growing acknowledgment by population biologists and simulation modelers that this additional input is necessary for these models to accurately reflect the impact of humans and human-dominated landscapes on wildlife populations. We argue that collaborations among social and biological scientists can provide unparalleled opportunities to develop new conceptual and simulation tools for biodiversity risk assessment. One challenge is that while the value of interdisciplinary research …

The Electronic Jungle: The Application Of Intellectual Property Law To Distance Education, Jon M. Garon

Faculty Scholarship

No abstract provided.

U.S. Unilateralism And The International Protection Of Religious Freedom: The Multilateral Alternative, Peter G. Danchin

Faculty Scholarship

This article considers the tension in U.S. foreign policy between unilateral and multilateral approaches to the promotion and protection of religious freedom. In particular, it analyzes the recently enacted International Religious Freedom Act of 1998 that seeks to enforce international human rights norms through the imposition of unilateral sanctions on foreign countries that deny religious freedom and persecute religious groups. The Article suggests that this approach stands in an uneasy relationship with existing international and regional human rights regimes and institutions. It argues that as an instrument of foreign policy, the Act is vulnerable to politicization and abuse of the …

The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young

Faculty Scholarship

No abstract provided.

Global Environmental Accountability: The Missing Link, Robert V. Percival

Faculty Scholarship

No abstract provided.

Skeptical Environmentalist Or Statistical Spin-Doctor?: Bjørn Lomborg And The Relationship Between Environmental Law And Environmental Progress, Robert V. Percival

Faculty Scholarship

No abstract provided.

Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman

Faculty Scholarship

No abstract provided.

External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin R. Scordato, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

The Condorcet Jury Theorem And Judicial Decisionmaking: A Reply To Saul Levmore, Maxwell L. Stearns

Faculty Scholarship

In Ruling Majorities and Reasoning Pluralities, Professor Saul Levmore explores the "division of labor" between the various thresholds of agreement required for collective action - supermajority, simple majority, or plurality rule. His particular emphasis is on the choice between the last two options. To improve our understanding of this choice in various settings, Professor Levmore considers the relationship between two well-known contributions to the study of group decisionmaking, namely, the Condorcet Jury Theorem and the Condorcet Criterion, which have not generally been treated together. This essay explores the relationship between these two insights in the context of judicial decisionmaking. Counterintuitively, …

Simple Fairness: Ending Discrimination In Health Insurance Coverage Of Addiction Treatment, Sonja Starr

Faculty Scholarship

No abstract provided.

Children Of Color With Mental Health Problems: Stuck In All The Wrong Places, Susan P. Leviton

Faculty Scholarship

No abstract provided.

Road Warriors: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien

Faculty Scholarship

No abstract provided.

Language Matters: Designing State And County Contracts For Services Under Temporary Assistance For Needy Families, Eileen Sweeney, Barbara L. Bezdek, Sharon Parrott, Carol W. Medaris, Cary Lacheen

Faculty Scholarship

No abstract provided.

The Unblazed Trail: Bioinformatics And The Protection Of Genetic Knowledge, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

Coalescing With Salt: A Taste For Inclusion, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.