Digital Commons Network^™

Towards A New Scholarship For Equal Justice, James S. Liebman

Faculty Scholarship

Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice – as distinguished from scholarship about that topic – I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own …

Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Inter-American Court Of Human Rights Amicus Curiae Brief: The United States Violates International Law When Labor Law Remedies Are Restricted Based On Workers' Migrant Status, Sarah H. Cleveland, Beth Lyon, Rebecca Smith

Faculty Scholarship

Immigrant workers in the United States of America are among the most poorly paid and poorly treated in the workforce. Amici’s attempts to protect the rights of immigrants, including unauthorized workers, have been severely hampered by domestic U.S. laws that discriminate on the basis of alienage and immigration status, and especially by a recent decision of the United States Supreme Court in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002).

Immigrant workers in particular employment-related visa categories are explicitly excluded from the protections of certain U.S. labor and employment laws. So, too, immigrant workers …

Policy Recommendations For Dispute Prevention And Dispute Settlement In Transatlantic Relations: Legal Perspectives, George A. Bermann

Faculty Scholarship

The concrete case studies and general policy analyses that were the subject of inquiry in the conferences culminating in the present volume have predictably generated a series of distinctly legal – as well as political – reflections on dispute prevention and dispute settlement in the transatlantic arena. One of the merits of the dual (concrete and abstract) approach that has been adopted for these conferences is its capacity to provide a check against the risks that would result either from divorcing this study from the realities of disputes or from relying exclusively on potentially idiosyncratic dispute scenarios. The recommendations to …

A Model Of Norm Development For Computer-Mediated Teamwork, Charles R. Graham

Faculty Publications

The process of establishing norms is an important aspect of group dynamics. Most, if not all, of the major models of group development incorporate norming as an important part of the process. However, little is understood and agreed on regarding how norms develop.With the increased availability and power of technology to connect people at remote sites, the popularity of computer-mediated teamwork has increased dramatically. This new communication context brings with it some dramatic differences from the traditional face-to-face context, along with a need to understand how norms develop in this environment. This study investigates the norming process engaged in by …

Efficient Estimation Of Conditional Asset-Pricing Models, Douglas J. Hodgson, Keith Vorkink

Faculty Publications

A semiparametric efficient estimation procedure is developed for the parameters of multivariate generalized autoregressive conditional heteroscedasticity-in-mean models when the disturbances have a conditional distribution assumed to be elliptically symmetric but otherwise unrestricted. Under highlevel assumptions, the resulting estimator achieves the asymptotic semiparametric efficiency bound. The elliptical symmetry assumption allows us to avert the curse of dimensionality problem that would otherwise arise in estimating the unknown error distribution. This framework is suitable for the estimation and testing of conditional asset-pricing models, such as the conditional capital asset-pricing model. We apply our procedure in an empirical study of stock prices, with Monte …

Desert Reading, Desert Listening (Audio), Joel B. Green

ATS Chapel Services

No abstract provided.

Under The Bridges Of Paris: Economic Liberties Should Not Be Just For The Rich, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl

Faculty Scholarship

No abstract provided.

The Myth Of Pretax Income, Lawrence A. Zelenak

Faculty Scholarship

Reviewing, Liam Murphy & Thomas Nagel, The Myth of Ownership: Taxes and Justice (2002).

Cosmetic Compliance And The Failure Of Negotiated Governance, Kimberly D. Krawiec

Faculty Scholarship

Across a range of legal regimes - including environmental, tort, employment discrimination, corporate, securities, and health care law - United States law reduces or eliminates enterprise liability for those organizations that can demonstrate the existence of "effective" internal compliance structures. Presumably, this legal standard rests on an assumption that internal compliance structures reduce the incidence of prohibited conduct within organizations. This Article demonstrates, however, that little evidence exists to support that assumption. In fact, a growing body of evidence indicates that internal compliance structures do not deter prohibited conduct within firms and may largely serve a window-dressing function that provides …

It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Reconstructing Climate Policy: Beyond Kyoto, Jonathan B. Wiener, Richard B. Stewart

Faculty Scholarship

In their comprehensive analysis of the Kyoto Protocol and climate policy, Richard B. Stewart and Jonathan B. Wiener examine the current impasse in climate policy and the potential steps nations can take to reduce greenhouse gases. They summarize the current state of information regarding the extent of global warming that would be caused by increasing uncontrolled greenhouse gas emissions. They explain why participation by all major greenhouse gas-emitting countries is essential to curb future greenhouse gas emissions and also note the significant obstacles to obtaining such participation.

Stewart and Wiener argue it is in the national interest of the United …