Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2006

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 24811 - 24840 of 25496

Full-Text Articles in Entire DC Network

Harnessing And Sharing The Benefits Of State Sponsored Research, Arti K. Rai, Rebecca S. Eisenberg Jan 2006

Harnessing And Sharing The Benefits Of State Sponsored Research, Arti K. Rai, Rebecca S. Eisenberg

Faculty Scholarship

In recent years data-sharing has been a recurring focus of struggle within the scientific research community as improvements in information technology and digital networks have expanded the ways that data can be produced, disseminated, and used. Information technology makes it easier to share data in publicly accessible archives that aggregate data from multiple sources. Such sharing and aggregation facilitate observations that would otherwise be impossible. But data disclosure poses a dilemma for scientists. Data have long been the stock in trade of working scientists, lending credibility to their claims while highlighting new questions that are worthy of future research funding. …

Go to article

Eu Law As Private International Law? Re-Conceptualising The Country-Of-Origin Principle As Vested Rights Theory, Ralf Michaels Jan 2006

Eu Law As Private International Law? Re-Conceptualising The Country-Of-Origin Principle As Vested Rights Theory, Ralf Michaels

Faculty Scholarship

One of the most pertinent issues in contemporary European conflict of laws is the tension between Community law and traditional choice of law rules. The biggest problem comes not from the transposition of member state rules on choice of law into methodologically comparable EC Regulations, but rather from the so-called country-of-origin principle. This principle holds, broadly, that EU member states may not impose obligations on a provider of goods and services that go beyond the obligations imposed by the provider's home state. Originally conceived mainly with public law obligations in mind, the principle has an impact on choice of law …

Go to article

Some Fundamental Jurisdictional Conceptions As Applied In Judgment Conventions, Ralf Michaels Jan 2006

Some Fundamental Jurisdictional Conceptions As Applied In Judgment Conventions, Ralf Michaels

Faculty Scholarship

The law of jurisdiction and of the recognition and enforcement of foreign judgments is confused. So is the debate about it. Basic concepts, even that of jurisdiction, have ambiguous meaning. Misunderstandings, most prominent in the failure to conclude a worldwide judgments convention at the Hague, are the consequence. This article tries to bring conceptual clarity to the field through an analysis of concepts and relations. The article first shows that jurisdiction as a requirement for the rendering of a decision (direct jurisdiction) and jurisdiction as a requirement for the decision's enforceability elsewhere (indirect jurisdiction), are logically independent from each other. …

Go to article

The Public Responsibility Of Structured Finance Lawyers, Steven L. Schwarcz Jan 2006

The Public Responsibility Of Structured Finance Lawyers, Steven L. Schwarcz

Faculty Scholarship

Lawyers, increasingly, are scrutinized as to their public responsibility when companies fail, particularly where the lawyer's involvement with the failed company is nontraditional and, arguably, intertwined with the failure. One of the least traditional roles of lawyers today is as counsel in structured finance transactions. This article focuses on the public responsibility of lawyers involved in these transactions.

Go to article

Public Symbol In Private Contract: A Case Study, Mitu Gulati, Anna Gelpern Jan 2006

Public Symbol In Private Contract: A Case Study, Mitu Gulati, Anna Gelpern

Faculty Scholarship

This Article revisits a recent shift in standard form sovereign bond contracts to promote collective action among creditors. Major press outlets welcomed the shift as a milestone in fighting financial crises that threatened the global economy. Officials said it was a triumph of market forces. We turned to it for insights into contract change and crisis management. This article is based on our work in the sovereign debt community, including over 100 interviews with investors, lawyers, economists, and government officials. Despite the publicity surrounding contract reform, in private few participants described the substantive change as an effective response to financial …

Go to article

Better Regulation In Europe, Jonathan B. Wiener Jan 2006

Better Regulation In Europe, Jonathan B. Wiener

Faculty Scholarship

"Better Regulation" is afoot in Europe. After several transatlantic conflicts over regulatory topics such as the precautionary principle, genetically modified foods, and climate change, Europe and America now appear to be converging on the analytic basis for regulation. In a process of hybridization, European institutions are borrowing "Better Regulation" reforms from both the US approach to regulatory review using benefit-cost analysis and from European member states' initiatives on administrative costs and simplification; in turn the European Commission is helping to spread these reforms among the member states. In many respects, the Better Regulation initiative promises salutary reforms, such as wider …

Go to article

“Opening-Up” The Wto: What Does It Mean For China?, Joost H. B. Pauwelyn Jan 2006

“Opening-Up” The Wto: What Does It Mean For China?, Joost H. B. Pauwelyn

Faculty Scholarship

Text of speech delivered at China University of Political Science and Law (CUPL), Beijing, October 9; Tsinghua Law School, Beijing, October 10; Wuhan University, WTO Center, October 12; Fudan University, Shanghai, October 13, 2006

Go to article

In Defense Of Regulatory Peer Review, James Salzman, J.B. Ruhl Jan 2006

In Defense Of Regulatory Peer Review, James Salzman, J.B. Ruhl

Faculty Scholarship

The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain types of agency decisions has recently been championed by the White House and proponents in Congress. Indeed, this past January the Office of Management and Budget finalized guidelines requiring peer review for large classes of agency activities. These initiatives have not gone unchallenged, and a fierce debate has resulted between those who claim peer review will strengthen the scientific basis of agency decisions and those …

Go to article

A Transaction Cost Economizing Approach To Regulation: Understanding The Nimby Problem And Improving Regulatory Responses, Barak D. Richman, Christopher Boerner Jan 2006

A Transaction Cost Economizing Approach To Regulation: Understanding The Nimby Problem And Improving Regulatory Responses, Barak D. Richman, Christopher Boerner

Faculty Scholarship

This paper develops a transaction cost economic model for regulation and applies the model to environmental siting regulations designed to overcome NIMBY (Not In My Back Yard) political opposition. Negotiations between developers and resistant local communities to site waste facilities, such as landfills or solid waste incinerators, can be characterized as a contracting problem. A rudimentary application of the Coase theorem suggests that developers should be able to compensate communities adequately for hosting a waste facility, but rarely do such negotiations find success. Transaction costs associated with the requisite negotiations, communication, and implementation of the projects preclude efficient bargaining, and …

Go to article

Some Modest Uses Of Transnational Legal Perspectives In First-Year Constitutional Law, Neil S. Siegel Jan 2006

Some Modest Uses Of Transnational Legal Perspectives In First-Year Constitutional Law, Neil S. Siegel

Faculty Scholarship

In this essay, Prof. Siegel identifies several uses of transnational perspectives in first-year constitutional law: (1) comparing American constitutional arrangements to those in other countries; (2) teaching international law and foreign legal experiences when relevant to U.S. litigation in the "war on terror"; and (3) examining the U.S. Supreme Court's invocations of foreign legal practices. These uses are illustrated with examples from doctrinal areas that are covered in his course. While each use serves a distinct pedagogical purpose, cumulatively they underscore the increasing importance of transnational legal perspectives in U.S. constitutional law. He concludes, however, with a cautionary note. Selectivity …

Go to article

Private Law And The State: Comparative Perceptions And Historic Observations, Ralf Michaels, Nils Jansen Jan 2006

Private Law And The State: Comparative Perceptions And Historic Observations, Ralf Michaels, Nils Jansen

Faculty Scholarship

The relation of private law to the state is one of the most complex aspects of the challenges posed for the law by Europeanization and globalization. It is not only distinct from that between public law and the state; it is also not the same in different legal systems. This article provides a historical and comparative overview of this relation in Germany and in the United States. It analyses the historical conditions and reasons for which the state became the ultimate source of authority for private law in Europe but remained largely without importance for doctrinal discussions and jurisprudential decisions …

Go to article

Two Paradigms Of Jurisdiction, Ralf Michaels Jan 2006

Two Paradigms Of Jurisdiction, Ralf Michaels

Faculty Scholarship

No abstract provided.

Go to article

Book Review, Joost H. B. Pauwelyn Jan 2006

Book Review, Joost H. B. Pauwelyn

Faculty Scholarship

Reviewing Deborah Z. Cass, The Constitutionalization of the World Trade Organization: Legitimacy, Democracy, and Community in the International Trading System (Oxford University Press, 2005)

Go to article

The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale Jan 2006

The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale

Faculty Scholarship

This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently emphasize particular …

Go to article

Evidence History, The New Trace Evidence And Rumblings In The Future Of Proof, Robert P. Mosteller Jan 2006

Evidence History, The New Trace Evidence And Rumblings In The Future Of Proof, Robert P. Mosteller

Faculty Scholarship

This paper is in two parts. The first part is about developments in the rules of evidence and particularly about developments in the federal rules of evidence, which has had a major impact on evidence rules in many states. This part turns out to be largely about the past because my sense is that the impact of changes in the formal rules of evidence, which were substantial, are largely historic. To be sure future changes in the formal rules, particularly those that may be made as a result of the Supreme Court’s decision in Crawford v. Washington (2004) that dramatically …

Go to article

A Conversation Among Deans, Katharine T. Bartlett, Edward Rubin, W. H. Knight Jan 2006

A Conversation Among Deans, Katharine T. Bartlett, Edward Rubin, W. H. Knight

Faculty Scholarship

On March 10, 2006, the Harvard Journal of Law & Gender, Harvard Civil Rights-Civil Liberties Law Review, and Harvard Law Review co-sponsored a conference, "Results: Legal Education, Institutional Change, and a Decade of Gender Studies," to address the number of student experience studies that detail women's lower performance in and dissatisfaction with law school. Rather than advocate for a particular set of responses to the different experiences of men and women in legal education , this conference sought to foster a discussion about the institutional challenges these patterns highlight. As a means of accomplishing this end, law school deans from …

Go to article

Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley Jan 2006

Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Go to article

Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr. Jan 2006

Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

Go to article

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder Jan 2006

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

Go to article

Kelo’S Moral Failure, Laura S. Underkuffler Jan 2006

Kelo’S Moral Failure, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.

Go to article

The Just And The Wild, Laura S. Underkuffler Jan 2006

The Just And The Wild, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.

Go to article

Case Comment, Sanchez-Llamas V. Oregon, Curtis A. Bradley Jan 2006

Case Comment, Sanchez-Llamas V. Oregon, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Go to article

The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett Jan 2006

The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett

Faculty Scholarship

No abstract provided.

Go to article

Precaution Against Terrorism, Jonathan B. Wiener, Jessica Stern Jan 2006

Precaution Against Terrorism, Jonathan B. Wiener, Jessica Stern

Faculty Scholarship

Stunned by the terrorist attacks of September 11, 2001, the Bush administration adopted a new National Security Strategy in September 2002. The UK government took a similar stance. This new strategy calls for anticipatory attacks against potential enemies with uncertain capacities and intentions, even before their threat is imminent. Rather than wait for evidence of weapons of mass destruction, it shifts the burden of proof, obliging ‘‘rogue’’ states to show that they do not harbor weapons of mass destruction or terrorist cells, or else face the possibility of attack. This new strategy amounts to the adoption of the Precautionary Principle …

Go to article

Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley Jan 2006

Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Go to article

Contesting Anticompetitive Actions Taken In The Name Of The State: State Action Immunity And Health Care Markets, Clark C. Havighurst Jan 2006

Contesting Anticompetitive Actions Taken In The Name Of The State: State Action Immunity And Health Care Markets, Clark C. Havighurst

Faculty Scholarship

The so-called state action doctrine is a judicially created formula for resolving conflicts between federal antitrust policy and state policies that seem to authorize conduct that antitrust law would prohibit. Against the background of recent commentaries by the federal antitrust agencies, this article reviews the doctrine and discusses it's application in the health care sector, focusing on the ability of states to immunize anticompetitive actions by state licensing and regulatory boards, hospital medical staffs, and public hospitals, as well as anticompetitive mergers and agreements. Although states are free, as sovereign governments, to restrict competition, the state action doctrine requires that …

Go to article

Grand Visions In An Age Of Conflict, H. Jefferson Powell Jan 2006

Grand Visions In An Age Of Conflict, H. Jefferson Powell

Faculty Scholarship

Last spring Professor Laurence H. Tribe commented that federal constitutional law is in a state of intellectual disarray: "[I]n area after area, we find ourselves at a fork in the road--a point at which it's fair to say things could go in any. of several directions" and we have "little common ground from which to build agreement." No doubt fortuitously, two of our most formidable constitutional scholars, Akhil R. Amar and Jed Rubenfeld, have recently published systematic studies that implicitly challenge Tribe's conclusion that "ours [is] a peculiarly bad time to be going out on a limb to propound a …

Go to article

The Rehnquist Court And The Death Penalty, Erwin Chemerinsky Jan 2006

The Rehnquist Court And The Death Penalty, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Go to article

The Rat Race As An Information Forcing Device, Mitu Gulati, Scott Baker, Stephen J. Choi Jan 2006

The Rat Race As An Information Forcing Device, Mitu Gulati, Scott Baker, Stephen J. Choi

Faculty Scholarship

In many job settings, there will be some promotion criteria that are less amenable to measurement than others. Often, what is difficult to measure is more important. For example, possessing "good judgment" under pressure may be a better predictor of success as a law firm partner than the ability to bill a vast amount of hours. The first puzzle that this essay explores is why, in some promotion settings, organizations appear to focus on less important, but measurable, criteria such as hours billed. The answer lies in the relationship between the objectively measurable criteria on the one hand, and the …

Go to article

Enforcing The Gnu Gpl, Sapna Kumar Jan 2006

Enforcing The Gnu Gpl, Sapna Kumar

Faculty Scholarship

No abstract provided.

Go to article

First Prev Next Last