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2004

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Articles 14191 - 14220 of 20532

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Immobilized Enzymes And Cells, Microbial Indicators : Application And Technology, Chee Woon Wang Jan 2004

Immobilized Enzymes And Cells, Microbial Indicators : Application And Technology, Chee Woon Wang

Archival Material (2000s)

"An inaugural lecture delivered at the University of Malaya on 20 February 2004".


Secured Lending And Its Uncertain Future, Douglas G. Baird Jan 2004

Secured Lending And Its Uncertain Future, Douglas G. Baird

Articles

No abstract provided.


'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar Jan 2004

'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar

Articles

No abstract provided.


Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar Jan 2004

Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar

Articles

This Essay explores an alternative to one of the pillars of contract law, that obligations arise only when there is "mutual assent "--when the parties reach consensus over the terms of the transaction. It explores a principle of "no-retraction," under which each party is obligated to terms it manifested and can retract only with some liability. In contrast to the all-or-nothing nature of the mutual assent regime, where preliminary forms of consent are either full-blown contracts or create no obligation, under the no-retraction regime, obligations emerge gradually, as the positions of the negotiating parties draw closer. Further, the no-retraction liability …


Marriage Licenses, Mary Anne Case Jan 2004

Marriage Licenses, Mary Anne Case

Articles

No abstract provided.


Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook Jan 2004

Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook

Articles

No abstract provided.


The Constitutional Protection Of Trade Secrets Under The Takings Clause, Richard A. Epstein Jan 2004

The Constitutional Protection Of Trade Secrets Under The Takings Clause, Richard A. Epstein

Articles

No abstract provided.


Common Interest Tragedies, Lee Anne Fennell Jan 2004

Common Interest Tragedies, Lee Anne Fennell

Articles

No abstract provided.


Is Land Special?, Eduardo Peñalver Jan 2004

Is Land Special?, Eduardo Peñalver

Articles

This article critiques the Court's attempt to cabin the Lucas "per se" takings rule by limiting it to real property. It argues that the distinction between real and personal property cannot be justified by history or the differing expectations of property owners. It then applies five theoretical frameworks (libertarian, personhood, utilitarian, public choice, and Thomistic-Aristotelian natural law) and finds that none of them supports the jurisprudential distinction between real and personal property. As a result, the article argues that "because the distinction between personal and real property is an unprincipled one, it cannot save the Court from the unpalatable implications …


Citizen Warranties And Majorities, Saul Levmore Jan 2004

Citizen Warranties And Majorities, Saul Levmore

Articles

No abstract provided.


Introduction: Brown In The Supreme Court, Dennis J. Hutchinson Jan 2004

Introduction: Brown In The Supreme Court, Dennis J. Hutchinson

Articles

No abstract provided.


Legal Pragmatism Defended, Richard A. Posner Jan 2004

Legal Pragmatism Defended, Richard A. Posner

Articles

No abstract provided.


The Perils Of Posnerian Pragmatism, Richard A. Epstein Jan 2004

The Perils Of Posnerian Pragmatism, Richard A. Epstein

Articles

No abstract provided.


Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos Jan 2004

Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos

Articles

No abstract provided.


In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein Jan 2004

In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein

Articles

The traditional forms of public health law were directed largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it affects large numbers of individuals, and this definition includes such matters as obesity and diabetes. This paper examines the historical and constitutional evolution of the public health principle as it moved from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could …


Skepticism And Freedom: The Intellectual Foundations Of Our Constitutional Order, Richard A. Epstein Jan 2004

Skepticism And Freedom: The Intellectual Foundations Of Our Constitutional Order, Richard A. Epstein

Articles

No abstract provided.


Bounded Discretion In International Judicial Lawmaking, Tom Ginsburg Jan 2004

Bounded Discretion In International Judicial Lawmaking, Tom Ginsburg

Articles

No abstract provided.


Adjudicating In Anarchy: An Expressive Theory Of International Dispute Resolution, Tom Ginsburg, Richard H. Mcadams Jan 2004

Adjudicating In Anarchy: An Expressive Theory Of International Dispute Resolution, Tom Ginsburg, Richard H. Mcadams

Articles

Frequent compliance with the adjudicative decisions of international institutions, such as the International Court of Justice (ICJ), is puzzling because these institutions do not have the power domestic courts possess to impose sanctions. This Article uses game theory to explain the power of international adjudication via a set of expressive theories, showing how law can be effective without sanctions. When two parties disagree about conventions that arise in recurrent situations involving coordination, such as a convention of deferring to territorial claims of first possessors, the pronouncements of third-party legal decision makers-adjudicators--can influence their behavior in two ways. First, adjudicative expression …


Corporate Heroin: A Defense Of Perks, Executive Loans, And Conspicuous Consumption, M. Todd Henderson, James C. Spindler Jan 2004

Corporate Heroin: A Defense Of Perks, Executive Loans, And Conspicuous Consumption, M. Todd Henderson, James C. Spindler

Articles

We argue that firms undertake to reduce employee savings in order to avoid final period problems that occur when employees accumulate enough wealth to retire and leave the industry. Normally, reputation constrains employee behavior, since an employee who "cheats" at one firm will then find herself unable to get a job at another However, employees who have saved such that they no longer care about continued employment will act opportunistically in the final periods of employment, which can destroy much or all of the surplus otherwise created by the employment relationship. We believe that this sort of final period cheating …


Constitutional Cases 2003: An Overview, Jamie Cameron, Patrick J. Monahan Jan 2004

Constitutional Cases 2003: An Overview, Jamie Cameron, Patrick J. Monahan

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.


The Town Of Meredith, New Hampshire 2003 Annual Report For The Fiscal Year Ended December 31, 2003., Meredith Town Representatives Jan 2004

The Town Of Meredith, New Hampshire 2003 Annual Report For The Fiscal Year Ended December 31, 2003., Meredith Town Representatives

Meredith, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


Annual Report Of The Officers Of The Town Of Eaton, New Hampshire, 2003., Eaton Town Representatives Jan 2004

Annual Report Of The Officers Of The Town Of Eaton, New Hampshire, 2003., Eaton Town Representatives

Eaton, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


2003 Annual Report Of The Selectmen, Departments, Boards And Commissions Of The Town And School District Of The Town Of Raymond, Nh, For The Year Ending December 31, 2003., Raymond Town Representatives Jan 2004

2003 Annual Report Of The Selectmen, Departments, Boards And Commissions Of The Town And School District Of The Town Of Raymond, Nh, For The Year Ending December 31, 2003., Raymond Town Representatives

Raymond, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


Bridging Fragmentation And Unity: International Law As A Universe Of Inter-Connected Islands, Joost Pauwelyn Jan 2004

Bridging Fragmentation And Unity: International Law As A Universe Of Inter-Connected Islands, Joost Pauwelyn

Michigan Journal of International Law

The fragmentation of the international legal system is not new. The consent-based nature of international law inevitably led to the creation of almost as many treaty regimes, composed of different constellations of states, as there are problems to be dealt with. Traditionally, these different regimes operated in virtual isolation from each other. Most importantly, the Bretton Woods institutions (World Bank, IMF, and GATT, now WTO) focused on the world's economic problems, while the UN institutions tackled the world's political problems. Both the IMF and World Bank articles of agreement, for example, explicitly state that political factors cannot be taken into …


National Self-Determination And Ethnic Minorities, Olli Lagerspetz Jan 2004

National Self-Determination And Ethnic Minorities, Olli Lagerspetz

Michigan Journal of International Law

The paper will include three parts. In the first part, the relation between nationality and popular sovereignty is explored. In the second part, there is a somewhat analogous discussion of the concept of ethnicity. In the last part, the conclusions are applied in a discussion of ethnic nationalism.


Echoes From The Hill, Southwestern Oklahoma State University Office Of Institutional Advancement And Alumni Jan 2004

Echoes From The Hill, Southwestern Oklahoma State University Office Of Institutional Advancement And Alumni

Echoes from the Hill

No abstract provided.


Echoes From The Hill, Southwestern Oklahoma State University Office Of Institutional Advancement And Alumni Jan 2004

Echoes From The Hill, Southwestern Oklahoma State University Office Of Institutional Advancement And Alumni

Echoes from the Hill

No abstract provided.


Recent Publications On Waders 80, Henk Koffijberg Jan 2004

Recent Publications On Waders 80, Henk Koffijberg

Wader Study Group Bulletin

No abstract provided.


Re-Characterizing Abortion In Nigeria: An Appraisal Of The Necessity Test, Victor Nnamdi Opara Jan 2004

Re-Characterizing Abortion In Nigeria: An Appraisal Of The Necessity Test, Victor Nnamdi Opara

ILSA Journal of International & Comparative Law

The Nigerian criminal jurisprudence prohibits abortion in all instances except when necessary to save the life of a woman.


Resolving Indigenous Claims To Self-Determination, Lorie M. Graham Jan 2004

Resolving Indigenous Claims To Self-Determination, Lorie M. Graham

ILSA Journal of International & Comparative Law

The right of self-determination is vitally important to indigenous peoples. Self-determination is closely linked to cultural survival, economic development, and the realization of other basic human rights.