Law Commons^™

Strategies For Ip And Technology Standards, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.

Chapter 304: Broadening The Scope Of Alternative And Complementary Medicine To Include Treatment Of Persistent Lyme Disease, Justin J. Simpson

McGeorge Law Review

No abstract provided.

Revoking The License To Phish: Providing Civil Remedies For Victims Of Online Fraud, David Ziring

McGeorge Law Review

No abstract provided.

Chapter 116: Statutory Guidance For Unincorporated Associations, Zebulon J. Young

McGeorge Law Review

No abstract provided.

What Counts, And Who's Counting? Maine's Business Climate 2006, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Many news articles and opinion pieces continue to argue that Maine has a highly unfavorable business climate, which must be changed if Maine’s economic well-being is to improve. Such analyses raise many important questions about what policies are most likely to benefit Maine’s economy, both as a whole, and among the various areas, communities, and population segments within Maine. Increasingly, the health of Maine’s economy, and the level of the state’s well-being more broadly, seem to be equated with the issue of whether Maine has a “friendly” business climate. In turn, the question of a favorable or unfavorable business climate …

Origins Of The Asymmetric Society: Freedom Of Incorporation In The Early United States And Canada, Jason Kaufman

Studio for Law and Culture

This article explores the origins of a phenomenon of lasting and profound impact on American society: the private business corporation. Business is only part of our concern here, however. Seen in comparative-historical terms, the modern private corporation was born in colonial (i.e. pre-Revolutionary) America. Surprisingly, this occurred not only because of the business needs of colonial Americans but also as a result of their own struggles for political autonomy. More specifically, the post-Revolutionary doctrine of freedom of incorporation first emerged in states that were originally chartered as private corporations. These “corporate colonies’” experienced repeated conflict with the Crown over their …

Legal History Meets The Honors Program, Robert B. Bennett

Scholarship and Professional Work - Business

In this article, the author discusses the "Law and Culture" course that he developed to teach in the Butler University Honors Program. The course looks at some landmark periods or events in legal history and explores how those events were the product of their culture, and how they affected their culture. Among the events or periods that the author has looked at in iterations of this course were the survival instinct on display in "Regina v. Dudley and Stephens," the Nuremberg trials, the Scopes Monkey Trial, the modern American litigation explosion, and the events surrounding the U.S. Supreme Court decision …

Academic Discourse And Proprietary Rights: Putting Patents In Their Proper Place, Margo A. Bagley

Faculty Articles

This Article provides a fresh perspective on the Bayh-Dole debate by focusing on the impact of patent novelty rules on academic discourse. The Article proposes that to begin to reverse an observed deterioration in disclosure norms, flexibilities must be built into the patent system so that patents can be facilitators of the academic knowledge dissemination enterprise. In particular, the Article advocates creation of an opt-in extended grace period that would provide more time for academic researchers to publish and present early-stage research before having to file a patent application. Such an extension, coupled with early application publication, would both address …

Recommended Access And Allocation Criteria For The West Coast And Gascoyne Commercial 'Wetline' Fisheries. A Report To The Ministry Of Fisheries., The Commercial Access Panel.

Fisheries management papers

The CAP’s primary responsibility was to develop criteria for access and allocation within the context of the management framework developed by the MPP. It is therefore important that this management paper is read in conjunction with the papers prepared by the MPP that outline the recommended management arrangements for the Gascoyne (Fisheries Management Paper No. 205) and the West Coast (Fisheries Management Paper No. 206) regions.

Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

Current Economic Issues In Securities Litigation, Scott D. Hakala

Scott D Hakala

This paper discusses the economic framework for determining economic loss in securities litigation and the then current case law. This includes discussions regarding assessing materiality and reliance, the use of event study analyses to identify loss causationg and the interaction of legal and economic principles.

World Investment Prospects To 2010: Boom Or Backlash?, Edited By Laza Kekic And Karl P. Sauvant, (London: The Economist Intelligence Unit Ltd., 2006), Karl P. Sauvant

Karl P. Sauvant

No abstract provided.

Santa Clara Magazine, Volume 48 Number 3, Winter 2006, Santa Clara University

Santa Clara Magazine

8 - WELCOME HOME, STEVE By Steven Boyd Saum. Basketball superstar Steve Nash '96 comes home to Santa Clara for a unique honor: a ceremony retiring his Bronco jersey. In a convocation address, he tells how Santa Clara changed his life. Now he wants the University to take its mission global.

12 - THE SCHOOL OF HOPE By Martha Ellen Stortz. Scholar and teacher Bill Spohn earned deep affection and the respect of the Santa Clara community in his years directing the Bannan Center for Jesuit Education. When he was stricken with cancer, he and his wife, Marty Stortz, looked …

Where There’S Smoke: Employer Policies On Smoking, Sandra M. Tomkowicz, Susan K. Lessack

Accounting Faculty Publications

No abstract provided.

Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton

Articles

Computer software is somewhat of a problem child for intellectual property law. Courts and legislatures have struggled to encourage innovations in software development while, at the same time, attempting to avoid undesirable digital information monopolies. Neither the patent nor the copyright system has provided a particularly satisfactory paradigm for software protection. Although patents have received greater attention than copyrights in the software context (consider, for example, the recent BlackBerry case), copyright law arguably creates more insidious undercurrents in today's marketplace. This is partly because we have not yet appreciated the potential impact of recent developments in programming methodology and digital …

Chapter 417: Contraceptives And Conscience Find Compromise In California, Sophia Rowlands

McGeorge Law Review

No abstract provided.

Legality Of Age Restrictions In The Nba And Nfl, Michael Mccann, Joseph S. Rosen

Law Faculty Scholarship

This essay examines age eligibility rules in the National Football League (NFL) and the National Basketball Association (NBA), offers analysis of related antitrust and labor law issues, and shares perspective on underlying policies. As a matter of background, the NFL and the NBA are the only major sports organizations that prohibit players from entrance until a prescribed period after high school graduation. Major League Baseball, the National Hockey League, NASCAR, professional tennis, professional golf, and professional boxing have no such rules. Individuals can also partake in professional acting, theater, music, and other entertainment professions without satisfying a period after high …

It’S Not About The Money: The Role Of Preferences, Cognitive Biases And Heuristics Among Professional Athletes, Michael Mccann

Law Faculty Scholarship

Professional athletes are often regarded as selfish, greedy, and out-of-touch with regular people. They hire agents who are vilified for negotiating employment contracts that occasionally yield compensation in excess of national gross domestic products. Professional athletes are thus commonly assumed to most value economic remuneration, rather than the love of the game or some other intangible, romanticized inclination.

Lending credibility to this intuition is the rational actor model, a law and economic precept which presupposes that when individuals are presented with a set of choices, they rationally weigh costs and benefits, and select the course of action that maximizes their …

The Reckless Pursuit Of Dominion: A Situational Analysis Of The Nba And Diminishing Player Autonomy, Michael Mccann

Law Faculty Scholarship

This Article examines required genetic testing of NBA players from a situational vantage point, integrating socio-psychological, legal, and ethical analyses. The core argument may be expressed as follows: required genetic testing of NBA players appears consistent with a broader and largely deleterious agenda by the NBA to control players. Since implementation of the rookie wage scale in 1995 through the recent imposition of a paternalistic player dress code, the NBA has increasingly usurped player autonomy. The NBA's capacity to do so largely rests in its adroit manipulation of the situational influences that influence fans and media. For instance, because of …

Social Psychology, Calamities, And Sports Law, Michael Mccann

Law Faculty Scholarship

This Article examines the role of situational pressures, fundamental attribution errors, and legal frameworks in how professional sports actors respond to the threat and occurrence of calamities. Both natural and manmade threats to American health are likely to rise over the next decade. Such threats may include catastrophic weather, natural disasters, terrorist attacks, and communicable disease pandemics. In response to these threats, professional sports leagues, professional athletes, fans, and media might engage in unprecedented behavior. Consider, for instance, increasingly-devastating weather patterns, and how they might animate leagues to relocate franchises to cities with more favorable forecasts. The same outcome might …

Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Tom Baker, Albert H. Yoon

All Faculty Scholarship

No abstract provided.

On Public Versus Private Provision Of Corporate Law, Gillian K. Hadfield, Eric L. Talley

Faculty Scholarship

Law in modern market societies serves both democratic and economic functions. In its economic function, law is a service, a means of enhancing the value of transactions and organizations. Yet modern market economies continue to rely on the state, rather than the market, to provide this service. This paper investigates whether private provision of law may be superior to public provision. We look in particular at corporate law, where there is a substantial literature exploring the efficiency implications of "regulatory competition" and compare this competition with market competition between private providers. Drawing from the well-known framework of spatial models of …

Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison

EGS Content

No abstract provided.

Unwrapping Racial Harassment Law, Pat K. Chew

Articles

This article is based on a pioneering empirical study of racial harassment in the workplace in which we statistically analyze federal court opinions from 1976 to 2002. Part I offers an overview of racial harassment law and research, noting its common origin with and its close dependence upon sexual harassment legal jurisprudence. In order to put the study's analysis in context, Part I describes the dispute resolution process from which racial harassment cases arise.

Parts II and III present a clear picture of how racial harassment law has played out in the courts - who are the plaintiffs and defendants, …

Select Foreign Exto Laws: By Topic, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

An Efficiency-Based Explanation For Current Corporate Reorganization Practice, Kenneth M. Ayotte, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Edge Employment Solutions : Department Of Agriculture And Food, Western Australia : Job Audit Report, 2006, Department Of Agriculture And Food, Western Australia, Edge Employment Solutions, Matthew Eaton, Ian Hughes, Barabara Magnowski

All other publications

The Department of Agriculture and Food Western Australia (DAFWA) have been working in collaboration with EDGE Employment Solutions to identify the work opportunities that lie within the Department for people with disabilities. Based on the Equal Employment Opportunity Act 1987 (EEOA), the DAFWA have set a target of increasing their rate of employment of individuals with disabilities to constitute 4% of their entire workforce. Currently, persons' with a mild to moderate disability form 1.7% of the Public Sector.

The role of EDGE Employment Solutions pertaining to this project was to develop a matrix that would include the key roles within …

European Implications Of Bankruptcy Venue Shopping In The U.S., David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett

All Faculty Scholarship

No abstract provided.

The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky

All Faculty Scholarship

This Article posits that the essential role of securities regulation is to create a competitive market for sophisticated professional investors and analysts (information traders). The Article advances two related theses-one descriptive and the other normative. Descriptively, the Article demonstrates that securities regulation is specifically designed to facilitate and protect the work of information traders. Securities regulation may be divided into three broad categories: (i) disclosure duties; (ii) restrictions on fraud and manipulation; and (iii) restrictions on insider trading-each of which contributes to the creation of a vibrant market for information traders. Disclosure duties reduce information traders' costs of searching and …