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2004

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Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Anne Morrison Piehl, Margo Schlanger Jan 2004

Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Anne Morrison Piehl, Margo Schlanger

Articles

This article uses panel data estimation techniques to examine the relation between the number of federal court civil filings by inmates and jail and state prison populations (and, hence, the relation between jail and prison inmate filing rates) both before and after the effective date, in 1996, of the Prison Litigation Reform Act (PLRA). The research issue matters for several reasons. First, the amount of litigation by inmates is a crucial component of the regulatory regime governing jails and prisons and thus what factors drive filings, and by how much, deserves close attention and assessment. In addition, the PLRA was …

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The 2003 Revised Uniform Estate Tax Apportionment Act, Douglas A. Kahn Jan 2004

The 2003 Revised Uniform Estate Tax Apportionment Act, Douglas A. Kahn

Articles

Editors' Synopsis: This Article describes the significant sections of the 2003 Uniform Estate Tax Apportionment Act (the "2003 Uniform Act'). The Article explains the purpose and operation of the 2003 Uniform Act's various sections and notes some of the differences between the 2003 Uniform Act and its prior version.

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Threatening An Irrational Breach Of Contract, Oren Bar-Gill, Omri Ben-Shahar Jan 2004

Threatening An Irrational Breach Of Contract, Oren Bar-Gill, Omri Ben-Shahar

Articles

When circumstances surrounding the contract change, a party might consider breach a more attractive option than performance. Threatening breach, this party may induce the other party to modify the original agreement. The contract law doctrine of modification determines whether and when these modifications are enforceable. To promote social welfare as well as the interests of the threatened party, the law should enforce modifications if and only if the modification demand is backed by a credible threat to breach. This paper argues that credibility is not a function of pecuniary interests alone. A decision to breach can be motivated also by …

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Revisiting The Roles Of Legal Rules And Tax Rules In Income Redistribution: A Response To Kaplow & Shavell, Ronen Avraham, David Fortus, Kyle D. Logue Jan 2004

Revisiting The Roles Of Legal Rules And Tax Rules In Income Redistribution: A Response To Kaplow & Shavell, Ronen Avraham, David Fortus, Kyle D. Logue

Articles

The debate over whether legal rules should be used to redistribute resources in society or whether redistribution should be left exclusively to the tax-and-transfer system has long occupied philosophers, political theorists, economists, and legal academicians. For many years, the conventional wisdom on this question among legal scholars seemed to be that blanket generalizations were inappropriate. All systems of redistribution distort individuals' choices and entail administrative costs. Therefore, the argument went, a universal preference for using the tax-and-transfer system to redistribute is not justified. Rather, the choice among institutions to accomplish society's redistributive goals was considered to be "an empirical one …

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Recent Publications Jan 2004

Recent Publications

Contemporary Aesthetics (Journal Archive)

No abstract provided.

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Foucault, Enlightenment And The Aesthetics Of The Self, Anita Seppä Jan 2004

Foucault, Enlightenment And The Aesthetics Of The Self, Anita Seppä

Contemporary Aesthetics (Journal Archive)

Mona Hatoum's video installation Corps étranger is an example of an artwork that critically comments on particular aspects of contemporary visual culture, such as the colonization of the body's interior by medical image technologies. It has indeed been interpreted in those terms by several authors from within the new academic field of Visual Culture. Here it is argued that the critical cultural impact of the installation might be more fully described when one grants art a relative autonomy within the cultural field and, moreover, draws on concepts from more traditional academic disciplines and approaches, such as aesthetics and phenomenology. Art …

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Colorization Revisited, Julie C. Van Camp Jan 2004

Colorization Revisited, Julie C. Van Camp

Contemporary Aesthetics (Journal Archive)

This article is both philosophical and practical in its intent. It endeavours to bring into focus an idea with an Ancient Greek lineage, poiesis, and determine whether it may revitalise our thinking about the 'making' of art. The art-making considered in this paper will concentrate exclusively on Western art and its historical and contemporary manifestations. I suggest that poiesis - that which "pro-duces or leads (a thing) into being'" - may enable practitioners in the varying art forms, and aestheticians who reflect upon them, to come to a deeper sense of how artworks work: that they realize themselves inter-dependently …

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How To Speak Of Nature? The Exemplary Position Of Mount Koli In Environmental Research, Yrjö Sepänmaa Jan 2004

How To Speak Of Nature? The Exemplary Position Of Mount Koli In Environmental Research, Yrjö Sepänmaa

Contemporary Aesthetics (Journal Archive)

Mount Koli in Eastern Finland is a useful example for environmental aesthetics and landscape research. In case studies, an example represents a general set and the conclusion becomes a precedent. Koli provides a wealth of material: descriptions of local nature, art featuring Koli, and documents concerning the environmental debates around it. One can outline both the development of Koli into a culturally significant location and the activities and policies of the process, as well as the values and appreciations that guided them. The material we have can be used to examine an environmental institution designed to have the structure of …

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Narrative Understanding And Understanding Narrative, Sarah E. Worth Jan 2004

Narrative Understanding And Understanding Narrative, Sarah E. Worth

Contemporary Aesthetics (Journal Archive)

In this paper I deal with the question of how it is that we have emotional responses to things that we do not believe in the reality of, specifically things like characters and events in literature and film (the paradox of fiction). The direction in which I wish to take this query is not the traditional philosophical approach to this question, however. There has been much written on this particular approach, and because of this I think that it is becoming, in philosophical effect, stuck. What I wish to do in what follows is to approach this question from a …

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Reclaiming The Body: Francis Bacon's Fugitive Bodies And Confucian Aesthetics On Bodily Expression, Eva K. W. Man Jan 2004

Reclaiming The Body: Francis Bacon's Fugitive Bodies And Confucian Aesthetics On Bodily Expression, Eva K. W. Man

Contemporary Aesthetics (Journal Archive)

Recently there has been a cry in Western academic and artistic circles for reclaiming the body and repositioning its locus and identity. Body theories and body art have become topics of attention as well as subjects of philosophical discussion. This article looks at the issue from a comparative perspective, focusing on representative cases in Chinese and Western portrait paintings. It first discusses Francis Bacon's works of human bodies and identifies their philosophical and psychological loci. It then outlines the Confucian discourses on the body, their related metaphysical grounds, and their relations to traditional Chinese portrait paintings. Representative Chinese portraits like …

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Kinetic Synesthesia: Experiencing Dance In Multimedia Scenographies, Marc Boucher Jan 2004

Kinetic Synesthesia: Experiencing Dance In Multimedia Scenographies, Marc Boucher

Contemporary Aesthetics (Journal Archive)

The contrasting kinetic values between dancer and projected moving image in multimedia scenographies provide the viewer with a particular type of synaesthetic experience. It results from the interaction of kinesthesis proper to each medium, the dancing body and the moving image. The extensive use of projected moving images in performing arts is part of a cultural trend that privileges a fundamental yet little understood aspect of aesthetic experience. Kinetic synaesthesia is a transdisciplinary concept formulated in light of psychological, physiological, and phenomenological accounts of both synaesthesia and kinesthesis.

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Forum: Science In Aesthetics?, Editorial Office Jan 2004

Forum: Science In Aesthetics?, Editorial Office

Contemporary Aesthetics (Journal Archive)

This inaugurates a new feature of Contemporary Aesthetics, a forum in which specific issues or themes in aesthetics can be discussed, debated, and developed. The first of these, "Science in Aesthetics?," comes from an interest that emerged at the XVIth International Congress of Aesthetics held in Rio de Janeiro during July 2004.

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Animal Aesthetics, Wolfgang Welsch Jan 2004

Animal Aesthetics, Wolfgang Welsch

Contemporary Aesthetics (Journal Archive)

No abstract provided.

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Something Borrowed, Something New: The Changing Role Of Novelty In Idea Protection Law, Mary Lafrance Jan 2004

Something Borrowed, Something New: The Changing Role Of Novelty In Idea Protection Law, Mary Lafrance

Seton Hall Law Review

No abstract provided.

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Deforming Welfare: How The Dominant Narratives Of Devolution And Privatization Subverted Federal Welfare Reform, Jon Michaels Jan 2004

Deforming Welfare: How The Dominant Narratives Of Devolution And Privatization Subverted Federal Welfare Reform, Jon Michaels

Seton Hall Law Review

No abstract provided.

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Much Ado About Gene Patents: The Role Of Foreseeability, Michael John Gulliford Jan 2004

Much Ado About Gene Patents: The Role Of Foreseeability, Michael John Gulliford

Seton Hall Law Review

No abstract provided.

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Board Of Editors - Vol. 34, No. 2 2004 Jan 2004

Board Of Editors - Vol. 34, No. 2 2004

Seton Hall Law Review

No abstract provided.

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Table Of Contents - Vol. 34, No. 2 2004 Jan 2004

Table Of Contents - Vol. 34, No. 2 2004

Seton Hall Law Review

No abstract provided.

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Clarifying General Jurisdiction, Charles W. "Rocky" Rhodes Jan 2004

Clarifying General Jurisdiction, Charles W. "Rocky" Rhodes

Seton Hall Law Review

No abstract provided.

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Corporations, Contracts, And The Misguiding Contradictions Of Conservatism, Ellen Byers Jan 2004

Corporations, Contracts, And The Misguiding Contradictions Of Conservatism, Ellen Byers

Seton Hall Law Review

No abstract provided.

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Can Congress Use Its War Powers To Protect Military Employees From State Sovereign Immunity?, Jeffrey M. Hirsch Jan 2004

Can Congress Use Its War Powers To Protect Military Employees From State Sovereign Immunity?, Jeffrey M. Hirsch

Seton Hall Law Review

No abstract provided.

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Can Wall Street's "Global Resolution" Prevent Spinning? A Critical Evaluation Of Current Alternatives, Lucas C. Townsend Jan 2004

Can Wall Street's "Global Resolution" Prevent Spinning? A Critical Evaluation Of Current Alternatives, Lucas C. Townsend

Seton Hall Law Review

No abstract provided.

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Board Of Editors - Vol. 34, No. 3 2004 Jan 2004

Board Of Editors - Vol. 34, No. 3 2004

Seton Hall Law Review

No abstract provided.

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Table Of Contents - Vol. 34, No. 3 2004 Jan 2004

Table Of Contents - Vol. 34, No. 3 2004

Seton Hall Law Review

No abstract provided.

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Sex Offender Reentry Courts: A Proposal For Managing The Risk Of Returning Sex Offenders To The Community, John G. La Fond, Bruce J. Winick Jan 2004

Sex Offender Reentry Courts: A Proposal For Managing The Risk Of Returning Sex Offenders To The Community, John G. La Fond, Bruce J. Winick

Seton Hall Law Review

No abstract provided.

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The Right To Community Treatment For Mentally Disordered Sex Offenders, John Kip Cornwell Jan 2004

The Right To Community Treatment For Mentally Disordered Sex Offenders, John Kip Cornwell

Seton Hall Law Review

No abstract provided.

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Closing Pandora's Box: Sexual Predators And The Politics Of Sexual Violence, Eric S. Janus Jan 2004

Closing Pandora's Box: Sexual Predators And The Politics Of Sexual Violence, Eric S. Janus

Seton Hall Law Review

No abstract provided.

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The Containment Approach To Managing Sex Offenders, Kim English Jan 2004

The Containment Approach To Managing Sex Offenders, Kim English

Seton Hall Law Review

No abstract provided.

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Promoting Offender Accountability And Community Safety Through The Comprehensive Approach To Sex Offender Management, Madeline Carter, Kurt Bumby, Thomoas Talbot Jan 2004

Promoting Offender Accountability And Community Safety Through The Comprehensive Approach To Sex Offender Management, Madeline Carter, Kurt Bumby, Thomoas Talbot

Seton Hall Law Review

No abstract provided.

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A Proposal To Restrict The Patent Law Doctrine Of Equivalents While A Statutory Remedy Is Available, Eric J. Faragi Jan 2004

A Proposal To Restrict The Patent Law Doctrine Of Equivalents While A Statutory Remedy Is Available, Eric J. Faragi

Seton Hall Law Review

No abstract provided.

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