Digital Commons Network^™

From Politics To Efficiency In Choice Of Law, Erin O'Connor

Vanderbilt Law School Faculty Publications

This article proposes a comprehensive system for choice of law that is designed to enhance social wealth by focusing on individual rather than governmental interests. To the extent practicable, parties should be able to choose their governing law. In the absence of an explicit agreement, courts should apply rules that facilitate party choice or that select the law the parties likely would have contracted for - that is, the law of the state with the comparative regulatory advantage. The system relies on clear rules that enable the parties to determine, at low cost and ex ante, what law applies to …

Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin O'Connor

Vanderbilt Law School Faculty Publications

This Article uses public choice theory to analyze the function of choice-of-law clauses in contracts. Choice-of-law clauses are now quite common and are increasingly enforced, especially with the proliferation of international and Internet transactions. Because these clauses can be used by parties to avoid regulation, academics are now vigorously debating the extent to which this contractual opt out should be permitted. The Article presents a positive political theory of the interplay of legislative action and the enforcement of choice of law. It demonstrates that the important normative debate over choice of law is somewhat misguided because both sides fail to …

Framing Frivolous Litigation: A Psychological Theory, Chris Guthrie

Vanderbilt Law School Faculty Publications

This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that the decision frame in frivolous litigation induces risk-seeking behavior in plaintiffs and risk averse behavior in defendants. Because plaintiffs in frivolous litigation have a greater tolerance for risk than the defendants they have sued, plaintiffs in frivolous litigation have "psychological leverage" in settlement negotiations, which is likely to lead to plaintiff-friendly settlements or bargaining impasse. This in turn, suggests that reformers concerned about frivolous litigation should target reform efforts at plaintiffs' decisionmaking in frivolous …

A Comparison Of Reading And Math Achievement Scores Between A Single-Track Year-Round Education School And A Traditional Calendar School; Implications For Administrators, Terri Hardy

Theses and Dissertations

With Arkansas ranking among the lowest in student achievement across the nation, the cry for reform and accountability in our public school system is growing. There is a vast array of reform efforts taking place in the 310 school districts across this state. One such effort is that of year-round education. At the onset o f the study, five school districts had implemented year-round education within their districts. That number is growing. To determine if year-round education provides a valid reform effort, the study was conducted. The study statistically compared year-round education students to their traditional calendar school counterparts. The …

Book Notes, Qrt Editor

Quaker Religious Thought

No abstract provided.

Margaret Fell; Historical Context And The Shape Of Quaker Thought, Sally Bruyneel

Quaker Religious Thought

No abstract provided.

Review Essay, Gregg Koskella

Quaker Religious Thought

No abstract provided.

Nova Quarterly: The University Of Texas At El Paso, The University Of Texas At El Paso University Communications

NOVA

Winter 2000, Vol. 37, No. 2; No. 144

All-Access Backstage Pass

Aicpa Annual Report 1999-2000; Cpa Vision: Gaining Momentum, American Institute Of Certified Public Accountants

AICPA Annual Reports

No abstract provided.

Resource Commitment, Entry Timing, And Market Performance Of Foreign Direct Investments In Emerging Economics: The Case Of Japanese International Joint Ventures In China, Takehiko Isobe, Shige Makino, David B. Montgomery

Research Collection Lee Kong Chian School Of Business

This study examined whether early movers and technology leaders attained superior performance in emerging economic regions. We assessed the determinants and performance consequences of two key aspects of entry strategy, resource commitment to technology transfer and timing of entry, using survey data from over 220 Sino-Japanese joint ventures (JVs) in China. Both high commitment and early entry had positive impacts on the perceived economic performance of the JVs. Yet these relationships were found to be significantly contingent on several internal and external factors, such as the strategic importance of an investment, parental control of a JV, and the availability of …

“An Awful Tale Of Blood”: Theocracy, Intervention, And The Forgotten Kingdom, Eric A. Eliason

Review of Books on the Book of Mormon 1989–2011

Review of Forgotten Kingdom: The Mormon Theocracy in the American West, 1875-1896 (1998), by David L. Bigler

Les Jeux Ne Sont Pas Fait: The Right To Dignified Long-Term Care In The Face On Industry-Wide Financial Failure, Nathalie Martin

Faculty Scholarship

This Article explores issues that we, as a society, would rather not, but must, discuss. These issues include aging, how the future costs of long-term care will be paid, and what form and quality of long-term care will continue to be financed through Medicare. More specifically, this Article discusses the philosophical issues raised by the cuts, as well as the practical implications of the cuts for patients and residents. It also attempts, primarily through information about the administrative and other costs of the federal bankruptcy process, to refute government claims that these cuts have not and will not affect patient …

Funding Long-Term Care: Some Risk-Spreaders Create More Risk Than They Cure, Nathalie Martin

Faculty Scholarship

The purpose of this Article is to explore two different aspects of the long-term care issue. First, what are the options for receiving longterm care, such as home-care, assisted living, CCFs or traditional nursing homes? Second, what are the methods of funding long-term care? This Article will consider the strengths and weaknesses of each option when considering how best to control the costs of long-term care. Because only two of the options, maintaining LTC insurance and entering into a contract with a CCF, attempt to control future longterm care costs through risk-spreading, the Article considers these two options in more …

The Insolvent Life Care Provider: Who Leads The Dance Between The Federal Bankruptcy Code And State Continuing-Care Statutes, Nathalie Martin

Faculty Scholarship

Continuing-care retirement communities provide seniors with an attractive option to traditionaln ursing homes. These arrangementsa llow seniors to live in a pleasant, independent environment for as long as possible, and then receive life time nursing care when it is needed. Residents of these communities pay a large upfront entry fee in exchange for the promise of life time nursing care. When continuing care facilities file for bankruptcy, however, residents risk losing their large upfront entry fee, which drastically reduces the value of these arrangements to consumers. In this Article, Professor Nathalie Martin analyses these risks against a host of state …

The Eligibility Paradox, Alfred Dennis Mathewson

Faculty Scholarship

This article examines the fundamental concept of uniform academic eligibility standards for college athletes. It argues that the NCAA is an organization governed by the principle of athletics primacy rather than the educational primacy of its members. The unintended result has been the creation of an eligibility paradox. Uniform rules intended to enhance academic goals inherently suppress the value of the educational opportunity paid to student-athletes in exchange for their athletic participation. The article further argues that separating the concept of academic eligibility from athletic eligibility and transforming the former into one of compensation through academic achievement will best maximize …

Can’T Get No Satisfaction: Securing Water For Federal And Tribal Lands In The West, Reed D. Benson

Faculty Scholarship

In recent years, the western states have often struggled with the federal government over control and management of natural resources, particularly water. For its part, federal law defers to states in many matters of water resource allocation.

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Faculty Publications

No abstract provided.

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.

Assessing The Practicality And Constitutionality Of Alaska's Split-Recovery Punitive Damages Statute, Scott Dodson

Faculty Publications

In 1997, Alaska responded to its reputation for unusually high punitive awardsby amending its punitive damages statuteto require that 50% of any punitive damages award be deposited into the general fund of the state.Such “split-recovery” statutes attempt to reduce some of the plaintiff's windfall by allocating part of the punitive award to the state.Although the plaintiff shares in the award to compensate her for bringing the punitive claim in the first place,the state receives the balance to use for the public benefit.This Note evaluates the practicality and constitutionality of Alaska’s split- recovery statute. Part I reviews the nature and purpose …

On Children And Dual Nationality: Sabet And The Islamic Republic Of Iran, Nancy Amoury Combs

Faculty Publications

The Iran-United States Claims Tribunal's recent decision in Sabet and The Islamic Republic of Iran sheds new light on difficult issues concerning the dual nationality of minors. In particular, the case was the first in which the Tribunal determined minor dual national claimants to have a dominant and effective nationality different from that of either of their parents. Further, the Tribunal broke new ground in its analysis of 'the caveat,' an equitable doctrine that can bar the claims of dual nationals. This article applauds the Tribunal's advances in its caveat jurisprudence and develops a new approach that would further those …

Development And Implementation Of The C-Print Speech-To-Text Support Service, Michael Stinson, Barbara Mckee, Lisa Elliot

Articles

In this chapter we provide an overview of the growth of this system from an idea to a system that hundreds of deaf and hard of hearing students depend on everyday for communication access and learning. This chapter addresses the following questions regarding the development and implementation of C-Print. Why is there a need for the system? How does C-Print work? What have been the phases in creating the current system? What is the research evidence regarding its effectiveness and limitations? How might the system change in the future as new technologies emerge?

The Canadian Legal Realists And Administrative Law Scholarship, 1930-1941, R. Blake Brown

Dalhousie Journal of Legal Studies

Several prominent legal academics in Canada, notably W.P.M. Kennedy, E. Russell Hopkins, J.A. Corry, John P. Humphrey, John Willis, and Jacob Finkelman, argued that the modem Canadian state required the use of government tribunals and boards as a method of implementing policy. As we shall see, the arguments of these authors reflected an important shift in how Canadian legal professionals thought about the law. This article will explore the shifting attitudes within the Canadian legal academy about administrative law between 1930 and 1941. This article will also explore why this change in attitudes occurred, and whether these academics affected the …

Negotiating Gender: A Comparison Of Rape Laws In Canada, Finland, And Pakistan, Danette C. Cashman

Dalhousie Journal of Legal Studies

In this paper, I analyze and compare the definition of rape in three different legal and sexual cultures: Finland, Pakistan, and Canada. Ultimately, it is an attempt to release the current feminist discourse from the straightjacket of theoretical essentialism. In many ways, this work represents three separate undertakings, which are themselves self- contained and self-defining. The common thread that links them, however, is the way in which the law of rape serves as a site of gender negotiation. In each case, the way in which the question of rape is framed, understood, and negotiated is a product of the legal …

The Collusion Of Law And Science In The Piracy Of Human Genes, Tina Piper

Dalhousie Journal of Legal Studies

Advances in biotechnology over the last decade have created a demand for biological resources by transnational corporations. The search for biological resources has primarily focused on acquiring these resources from indigenous communities and countries of the South. However, the means by which these biological resources are obtained is exploitative and often tantamount to theft (or, as it is commonly known, biopiracy). As a result of communities attempting to prevent this theft and corporations seeking more international legitimacy for their "bioprospecting", "bioprospecting contracts" are more frequently being concluded between governments and corporations. Through the prism of current events in Iceland, I …

Duty To Rescue Through The Lens Of Multiple-Party Sexual Assault, Renu Mandhane

Dalhousie Journal of Legal Studies

The lack of culpability for bystanders fails to capture the reality of the situation for sexual assault victims. It is probable that the presence of bystanders causes further psychological harm to the victim. Yet, the law allows bystanders to watch as a woman is dehumanized free from any obligation to help the victim. The lack of culpability for voyeurs is morally reprehensible and suggests that traditional sexual assault analysis is inadequate for dealing with cases of multiple-party sexual assault. It is submitted that reform within the Criminal Code is necessary to ensure culpability for such morally repugnant acts. One solution …

The Canadian Legal Realists And Administrative Law Scholarship, 1930-1941, R. Blake Brown

Dalhousie Journal of Legal Studies

Several prominent legal academics in Canada, notably W.P.M. Kennedy, E. Russell Hopkins, J.A. Corry, John P. Humphrey, John Willis, and Jacob Finkelman, argued that the modem Canadian state required the use of government tribunals and boards as a method of implementing policy. As we shall see, the arguments of these authors reflected an important shift in how Canadian legal professionals thought about the law. This article will explore the shifting attitudes within the Canadian legal academy about administrative law between 1930 and 1941. This article will also explore why this change in attitudes occurred, and whether these academics affected the …

Much To Do About Something: Destabilizing Law's Support Of Dominant Ideologies In The Context Of Lesbian Mother Custody Claims In Canada, Natasha Kim

Dalhousie Journal of Legal Studies

This article surveys a very specific legal context: the claims of mothers, who are lesbians, in custody disputes over their children, with their heterosexual ex-spouses, in Canadian courts. The author examines the developments in judgments surrounding custody involving a lesbian mother over the past two and a half decades, focusing on the line of reasoning within the judgments rather than the substantive results (that is, to whom custody is granted). The end result will be an attempt to better understand the interaction between law as a discourse and the dominant ideologies of familialism, motherhood, and heteronormativity. In Part Two, the …

Negotiating Gender: A Comparison Of Rape Laws In Canada, Finland, And Pakistan, Danette C. Cashman

Dalhousie Journal of Legal Studies

In this paper, I analyze and compare the definition of rape in three different legal and sexual cultures: Finland, Pakistan, and Canada. Ultimately, it is an attempt to release the current feminist discourse from the straightjacket of theoretical essentialism. In many ways, this work represents three separate undertakings, which are themselves self- contained and self-defining. The common thread that links them, however, is the way in which the law of rape serves as a site of gender negotiation. In each case, the way in which the question of rape is framed, understood, and negotiated is a product of the legal …

The Perils Of Globalization And The World Trading System, John H. Jackson

Georgetown Law Faculty Publications and Other Works

The post-World War II world trading system is now more than fifty years old, and not surprisingly, it has evolved through a number of different stages of development and survived a series of perils. Recently, however, the perils seem even greater than before. The failure of the Seattle Ministerial Meeting of November-December 1999 focused the attention of the international community, almost like a prospective execution focusing the attention of the targeted person. A number of different factors have contributed to this perilous situation, and in this brief Essay, I want to look particularly at some of the institutional characteristics of …

Preparing For Japan| A Practical Guide For Navigating The Web Of Culture, Communication And History, Matthew A. Taylor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.