Digital Commons Network^™

Ethical Pluralism From A Classical Liberal Perspective, Chandran Kukathas

Research Collection School of Social Sciences

Is the ideal society one that embodies or aims for ethical uniformity, orone that emphasizes instead the accommodation of ethical pluralism?From a classical liberal perspective the answer can only be that ethicalpluralism should be accommodated.

Contract Rights And Civil Rights, Davison M. Douglas

Faculty Publications

No abstract provided.

Corporate And Products Identity In The Post-National Economy: Rethinking U.S. Trade Laws, Lan Cao

Faculty Publications

In the global economy, a General Motors automobile may involve South Korean assembly; Japanese engines; German design and style engineering; Taiwanese, Singaporean, and Japanese small components; British advertising and marketing; and Irish and Barbadian data processing. What is the country of origin of this product? How should U.S. trade laws evaluate a product's origin, if it is a global composite with research, assembly, processing, and manufacturing performed in different countries? Similarly, corporations have become increasingly global in orientation and operations. Even "national" corporations have lost their territorial ties to the state of their nationality. Through a phenomenon termed "global outsourcing" …

Scera, Jonathan Dunn, Jaime Power, Kent O. Smith, Lindsey Woodward

Student Works

In 1933, Sharon's Cultural, Educational, Recreational Association (SCERA) was founded by the Sharon Stake of the Church of Jesus Christ of Latter-day Saints in Orem, Utah. When founded, its purpose was to provide wholesome family-oriented events, theatrical productions, and showcase Community talent. Today, in a world of declining morals, SCERA continues to provide clean entertainment for families. However, the competition in the Orem-Provo area for family entertainment has increased significantly. In an attempt to increase their market share and improve their operations they asked our research group, Quantum Consulting, to conduct research to find who their target market is, and …

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein

Faculty Publications

No abstract provided.

Supreme Court Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.

On Revolution And Wetland Regulations, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Notes And Papers On Keynes And Unemployment, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Handwritten notes on a paper by Aditya Bhattacharjea concerning Pigou, persistent unemployment, and the interest rate floor.

• Bhattacharjea, A. (1987). Keynes and the long-period theory of employment: A note. Cambridge Journal of Economics, 11(1), 95–100. Cambridge University Press.

• Handwritten notes on Giancarlo Gandolfo's Economic dynamics: Methods + models (1985).

• Gandolfo, G. (1985). Excerpt on the qualitative theory of non-linear differential equations. In Economic dynamics: Methods + models (pp. 45–67). Springer-Verlag.

• Handwritten notes titled Goodwin Model, covering basic stability analysis and phase diagrams.

• Handwritten notes titled Non-Linear Equations Systems, citing Gandolfo (1985) on autonomous equations …

  ---

  Go to article

"Reasonable Bond" In The Practice Of The International Tribunal For The Law Of The Sea, Dr. Erik Franckx

California Western International Law Journal

No abstract provided.

Definitions For The 1982 Law Of The Sea Convention, George K. Walker, John E. Noyes

California Western International Law Journal

No abstract provided.

Discussion Of A Regional Agreement For Small Cetacean Conservation In The Indian Ocean, Margi Prideaux

California Western International Law Journal

No abstract provided.

The Institutional Structure Of The African Union: A Legal Analysis, Nsongurua J. Udombana

California Western International Law Journal

No abstract provided.

Janf2002, Robert Kelly

Robert Kelly Manuscripts

From January 2002 Robert Kelly Archive.

Janb2002, Robert Kelly

Robert Kelly Manuscripts

From January 2002 Robert Kelly Archive.

After Orange County: Reforming California Municipal Bankruptcy Law, Frederick Tung

Faculty Scholarship

Because of federal constitutional concerns, a municipal entity may resort to federal bankruptcy protection only with the authorization of its state. Federal law requires that a municipality be "specifically authorized" under state law to file for bankruptcy protection. Existing California law provides fairly broad authorization for its municipalities, but the statute is in need of both technical and substantive revision. After discussing constitutional concerns and surveying other states' approaches to municipal bankruptcy authorization, Professor Tung recommends a system of discretionary access, in which the governor holds discretionary power to approve, disapprove, or condition a municipality's access to bankruptcy.

From Monopolists To Markets?: A Political Economy Of Issuer Choice In International Securities Regulation, Frederick Tung

Faculty Scholarship

It is ironic that during a time of corporate scandal and regulatory soul searching, one of the most spirited debates among corporate and securities law scholars has focused on reform proposals for international securities regulation that essentially call for corporate self-regulation. Scholars have called for international regulatory competition in securities law, arguing that each issuer of securities should be able to pick its own securities regulatory regime. While these "issuer choice" proponents argue for a diversity of and competition among securities laws of the various nations, their proposals also ironically depend on uniformity - or at least international consensus - …

Habermas's Discourse Theory Of Law And Democracy, Hugh Baxter

Faculty Scholarship

In his 1992 book, "Between Facts and Norms," Jürgen Habermas develops a two-part theory of law and democracy. This article examines the first part – the “reconstructive” part – in which Habermas seeks the most basic principles that justify modern legal and political orders, as well as the institutions and practices through which those principles are realized. Habermas's aims in this part of his theory are ambitious. His largest goal is to reconcile classic tensions in political theory, most notably the tension between basic rights and democracy – or, in terms of American legal theory, the “countermajoritarian difficulty.” He argues …

Introduction: Keeping Secrets, Dale Carpenter

Faculty Journal Articles and Book Chapters

It has become a commonplace to say that September 11 changed everything. What the writer or speaker usually means by this is that Americans have re-calibrated their views on the relative importance of individual civil liberties and the common good. Like many other national traumas, September 11 may in historical hindsight be seen as a jolt that perhaps necessarily-but at any rate, temporarily-induced a retrenchment on rights.

But if the September-11-changed-everything idea overstates the significance of the event, it also understates the extent to which, at least in the area of privacy, some re-calibration of the balance between liberty and …

Delegation And Original Meaning, Gary S. Lawson

Faculty Scholarship

The nondelegation doctrine may be dead as doctrine, but it is very much alive as a subject of academic study. Concurring opinions by Justices Thomas and Stevens in the American Trucking case raise anew the question whether the nondelegation doctrine has any grounding in the Constitution's text and structure. The answer is "yes." The nondelegation doctrine flows directly from the doctrine of enumerated powers: the executive and judiciary have no enumerated power to make law, and Congress has no enumerated power to constitute them as lawmakers. The correct formulation of the Constitution's nondelegation doctrine was outlined by Chief Justice Marshall …

Dimensions Of Negligence In Criminal And Tort Law, Kenneth F. Simons

Faculty Scholarship

This article explores different dimensions of the concept of negligence in the law. The first sections focus on the fundamental distinction between conduct negligence (unreasonable creation of a risk of harm), a conception that dominates tort law; and cognitive negligence (unreasonable failure to be aware of a risk, either through inadvertence or mistake), a conception that is much more important in criminal law. The last major section identifies five significant institutional functions served by a legal negligence standard: expressing a legal norm in the form of a standard rather than a rule; personifying fault; empowering the trier of fact to …

Managerial Power And Rent Extraction In The Design Of Executive Compensation, Lucian Arye Bebchuk, Jesse M. Fried, David I. Walker

Faculty Scholarship

This paper develops an account of the role and significance of managerial power and rent extraction inexecutive compensation. Under the optimal contracting approach to executive compensation, which has dominated academic research on the subject, pay arrangements are set by a board of directors that aims to maximize shareholder value. In contrast, the managerial power approach suggests that boards do not operate at arm's length in devising executive compensation arrangements; rather, executives have power to influence their own pay, and they use that power to extract rents. Furthermore, the desire to camouflage rentextraction might lead to the use of inefficient pay …

Adventures With Lori Andrews, George J. Annas

Faculty Scholarship

The subtitle of Lori Andrew's autobiographical The Clone Age is "Adventures in the New World of Reproductive Technology."' This may seem an odd characterization of the life of a legal scholar, but adventures is just right to chronicle the life of this academic legal activist. Lori's legal adventures began at Yale Law School and continue in Chicago, where she was a researcher at the American Bar Association for over a decade and is now professor of law at Chicago-Kent College of Law and Director of the Institute for Science, Law and Technology. Her adventures in health law can also be …

The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog

Faculty Scholarship

Magic Lantern presents several difficult legal questions that are left unanswered due to new or non-existent statutes and case law directly pertaining to the unique situation that Magic Lantern creates. ²⁵ The first concern is statutory. It is unclear what laws, if any, will apply when Magic Lantern is put into use.²⁶ The recent terrorist attacks in the United States have brought the need for information as a matter of national security to the forefront. Congress recently passed legislation (i.e. USA PATRIOT Act) ²⁷ that dramatically modifies current surveillance law, thus further complicating the untested waters of a …

Comments On Open Source Genomics, Michael J. Meurer

Faculty Scholarship

I am going to make a few comments in the spirit of those made by Josh. I think the topic of Dan's paper is very interesting. It covers a lot of ground, and I do not have time to talk about more than a single issue. Josh's began discussing the similarity between academic research and open source, and then analyzed GPL. I want to go back to the first issue Josh raised and argue that, unlike Josh, I see some fairly significant differences between open source software and genomics. I want to talk about the cooperative ethic in the open …

Lawyers, Civil Disobedience, And Equality In The Twenty-First Century: Lessons From Two American Heroes Symposium: Of John Brown: Lawyers, The Law, And Civil Disobedience, U. W. Clemon, Bryan K. Fair

Articles

No abstract provided.

And The Walls Came Tumbling Down: Sharing Grand Jury Information With The Intelligence Community Under The Usa Patriot Act, Jennifer M. Collins

Faculty Journal Articles and Book Chapters

No abstract provided.

Lurking In The Shadows: The Hidden Issues Of The Securities And Exchange Commission's Regulation Fd, Marc I. Steinberg, Jason B. Meyers

Faculty Journal Articles and Book Chapters

This Article explores key issues likely to arise under Regulation FD, including some that the Commission may not have envisioned in promulgating the Regulation. The first part begins by reviewing the scope of the Regulation in the ensuing discussion. In Part II, the Article addresses how well the Regulation fits with the policies underlying the federal securities laws. Focusing on issues related to an issuer's duty to disclose, the efficiency of capital markets, and the Commission's predominant emphasis on fairness in promulgating the Regulation, the authors note that in many ways Regulation FD provides an awkward fit with the general …

After Be & K: The Difficult Constitutional Question Of Defining The First Amendment Right To Petition Courts, Carol Rice Andrews

Articles

No abstract provided.

Common Law And Statutory Restrictions On Access: Contract, Trespass, And The Computer Fraud And Abuse Act, Maureen A. O'Rourke

Faculty Scholarship

Is copyright law relevant to the terms of access to information? Certainly, few would seriously contend that breaking into a locked filing cabinet to obtain access to a manuscript is not sanctionable, even if the intruder had some purpose that copyright law would applaud with respect to the information contained in the manuscript itself. Many instinctively believe that one must pay the asking price and respect the terms that accompany a copyrighted work or face the consequences under some set of laws like copyrights or contracts. In short, society likely generally believes that market forces regulate the conditions of access …

Ndsu Magazine : Fall 2002

NDSU Magazine

No abstract provided.