Law Commons^™

A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz

Justin Schwartz

Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …

Will The Income-Based Repayment Program Enable Law Schools To Continue To Provide "Harvard-Style" Legal Education?, Greg Crespi

Greg Crespi

Legal education provided in the prevailing “Harvard-style” now costs students on average between $160,000 and $250,000 for their three years of study, the precise amount depending on the law school attended, the alternative employment opportunities foregone, and the amount of scholarship assistance provided. However, the median starting salary for full-time, entry-level legal positions has declined in recent years to only $60,000/year, and upwards of 45% of recent law graduates are now unable to obtain full-time legal employment, and this dismal employment situation is unlikely to significantly improve over the next few years. While the attractive job opportunities still available to …

No Longer The Sleeping Dog, The Fcpa Is Awake And Ready To Bite: Analysis Of The Increased Fcpa Enforcements, The Implications, And Recommendations For Reform, Rouzhna Nayeri

Rouzhna Nayeri

No abstract provided.

The Lawyer Rent-Seeker Myth And Public Policy, Teresa J. Schmid

Teresa J Schmid

ABSTRACT Two enduring fallacies in public policy are that lawyers are rent seekers who impair rather than stimulate the economy, and that there are too many of them. While lawyers may disagree with the first premise, they tacitly accept the second. These two fallacies have led leaders in both the political and professional arenas to adopt policies that impair access to justice. This study documents the negative effects of those policies and recommends courses of action to reverse those effects.

The 23rd Annual Research Conference Abstract Booklet, Mulu Aderie Alemu, Nikki Lynn Rogers

University of Gondar Research Conferences

Staff members, postgraduate and senior undergraduate students of the University, invited guests and speakers participated in the conference. The annual conference of the University is meant to share experiences in research activities among juniors and seniors, staff and students, and invited guests. It is also meant to motivate students and young faculty to engage in research and also to initiate and strengthen interdisciplinary collaborations. The findings of the studies and the resulting recommendations are expected to be used in solving the diverse societal problems we have been facing.

Research activities at the University of Gondar are primarily aimed at solving …

Against Endowment Theory: Experimental Economics And Legal Scholarship, Gregory Klass, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

Endowment theory holds the mere ownership of a thing causes people to assign greater value to it than they otherwise would. The theory entered legal scholarship in the early 1990s and quickly eclipsed other accounts of how ownership affects valuation. Today, appeals to a generic “endowment effect” can be found throughout the legal literature. More recent experimental results, however, suggest that the empirical evidence for endowment theory is weak at best. When the procedures used in laboratory experiments are altered to rule out alternative explanations, the “endowment effect” disappears. This and other recent evidence suggest that mere ownership does not …

Inviabilidad Del Sistema Pensional Colombiano (Por Segmentación De Mercado), Fernando Castillo Cadena

Fernando Castillo Cadena

No abstract provided.

Session 4-2-E: The Effects Of Gaming Tax/Retention Rate On Casino Performance, Will E. Cummings

International Conference on Gambling & Risk Taking

Overview

Gaming Taxes affect investors in and operators of casinos

... and therefore casino performance

Gravity Models in general High variance from classical ideal

Variance tells us something about the impact of gaming tax rates

Session 4-1-B: Casino Legalization As An Evolutionary Game -- Who Will Be The Next?, Miao He

International Conference on Gambling & Risk Taking

Introduction

For the community/governor who has a strong preposition to casino gaming (e.g., gambler, religious group), his/her motivation to participate/accept casino legalization is

∆P_AE_A+t_A>c_î and ∆P_B(R_B+E_B)+t_B>c_Ĵ

What’s the motivation for the other community/governors who are neutral to casino gaming?

How the casino legalization process evolved and finally reached the equilibrium state?

Session 3-4-B: Impacts Of The Structure Of The Casino Industry, William N. Thompson, Catherine Prentice

International Conference on Gambling & Risk Taking

This paper looks at impacts of the structures of casino industries in 13 American states venues. The legalization of casinos has been a major policy issue in scores of national and sub-national venues over the past 60 years. Among the critical issues in the legalization process has been the subject of whether casino establishments should be authorized as singular, that is, monopoly, entities in a specific location (city, state, or nation) much as public utilities, or they should be licensed in an open market free competitive manner. A middle ground approach find venues allowing a limited number of licenses, ergo, …

Session 3-2-B: Paspa: An Unconstitutional Patent, Kevin P. Braig

International Conference on Gambling & Risk Taking

The Professional and Amateur Sports Protection Act (“PASPA”) is a patent monopoly because the statute (A) imitates the Crown’s practice of allocating markets by patent; (B) functions like a patent issued under the United States Patent Code; and (C) imposes monopoly-like costs upon the public. The Constitution’s Patent Clause is a brilliant public financing scheme and unique in that it is the only grant of power to Congress in the Constitution that begins with a specific prescription of proper legislative purpose. Congress cannot grant just any person a patent monopoly for any purpose. Rather, Congress can grant a patent monopoly …

Waging War On Specialty Pharmaceutical Tiering In Pharmacy Benefit Design, Chad I. Brooker

Chad I Brooker

Specialty drugs represent a growing concern for both health insurance issuers and beneficiaries given their exceedingly high (and growing) costs—representing almost half of all drug spend by 2017. Payers have sought to reduce their specialty drug spend by sharing more of the cost of these drugs with the beneficiaries who depend on them through the creation of specialty drug tiers. This has forced some patients to choose between forgoing other needs to pay for their medications or not take them at all. While several states have sought to outlaw the use of specialty drug tiers or limit pharmaceutical OOP cost-sharing, …

Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum

Angela Goodrum

No abstract provided.

Patent Trolls Among Us, Kent R. Acheson

Kent R Acheson

As Acheson (2012) suggested in A Study of the Need to Change United States Patent Policy, software should not be patented, but the Intellectual Property Rights should be protected in another manner that does not entail a Copyright, Trademark, or secrecy. A new form of protection should be created based on certain criteria, such as useful life of a patent, incremental innovation, value to society, and or value to life.

Reinventing The Development Wheel Of The World Trading System (Reviewing Sonia E. Rolland, Development At The World Trade Organization (2012)), Sungjoon Cho

All Faculty Scholarship

In probing how WTO norms may affect developing countries, Sonia Rolland introduces two paradigms in this book: development as an idiosyncrasy and development as a normative co-constituent to trade. The first paradigm concerns development-related exceptions and carve-outs found within WTO rules and agreements that exemplify a contingent provision of special favors to developing countries. Overall, it represents a limited mandate on development in the WTO. In contrast, the second paradigm embodies a normative operationalization of development agenda within the WTO system. It normatively reconstructs WTO rules and institutions in a way where development is a core mandate of the WTO, …

Valuing Mom & Dad: Calculating Loss Of Parental Nurture In A Wrongful Death Action, Andrew J. Laurila

Andrew J. Laurila

No abstract provided.

Sana Competencia, Jose Luis Sardon

Jose Luis Sardon

Sana competencia entre el Perú y Chile debe ayudar a ambos países en su camino al desarrollo.

Democracy, Law And Global Finance: An Example Of A Research Agenda For A New Practice Of Law And Economics, Tamara Lothian

Tamara Lothian

No abstract provided.

Managing Social Security Disability & Other Public Benefits: Development Of A Guide For Consumers And Providers, Stephanie L. Derochers

Muskie School Capstones and Dissertations

One in five Americans has a disability, making it the largest minority group in the U.S. (Soffer, McDonald, & Blanck, 2010). In 2011, 13.4 million working-aged adults received a disability cash benefit from the Social Security Administration (Kregel, 2012).

The Social Security Administration (SSA) is the federal agency responsible for managing, executing and overseeing retirement, survivor, old-age and disability benefits. There are over 1,500 Social Security offices and over 65,000 employees nationwide (SSA, 2013). SSA manages at least five disability benefit programs: Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), Disabled Widow(er) Benefit (DWB), Childhood Disability Benefit (CDB), though …

Army Corps Of Engineers, U.S., Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of how the U.S. Army Corps of Engineers has influenced historical and contemporary economic, environmental, and political developments in the American West.

Mining, Uranium, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.

Colorado River Compact (1922), Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of the 1922 Colorado River Compact seeking to fairly distribute Colorado River water to Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming and their increasing populations.

Fair Trade An Analysis Of The Effects On Poverty Alleviation And Empowerment For Women In Developing Countries, Maribel Concepcion Lora

Graduate Program in International Studies Theses & Dissertations

This thesis approaches the economic development model of Fair Trade with a critical analysis on determining its success in alleviating poverty and empowering women of the developing world. Because international labor regulations are not consistently enforced in all producer countries, the Fair Trade model has established labor standards that ensure above all, a fair wage and safe working conditions for producers participating in the international market. As a recent strategy of economic development, Fair Trade has made great strides to empower poor producers in impoverished countries; however there has been limited analysis focused on its impact for improving the quality …

Social Entrepreneurship: The Ideal Business For Humanity And The Economy, Maya D. Horgan

Pomona Senior Theses

This essay argues that social entrepreneurship is the most efficient means to generate lasting social change and permanently reduce poverty. Using the support of scholarly research, interviews with experts in the field, and my own qualitative observations, I conclude that traditional aid models that are economically dependent on outside funding, as well as those that simply provide monetary and product contributions in order to sustain the poor or marginalized communities they serve are inherently structured in a way that prevents them from resolving social ills. Despite the influx of aid organizations over past decades, chronic poverty and other serious social …

Oil Industry, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of the historical and contemporary development of the American oil industry and how it has impacted U.S. natural resources policies in the American west.

Energy, U.S. Department Of, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides information about the U.S. Department of Energy (DOE) and its predecessor agencies and how DOE influences federal energy policy and scientific research in the western U.S.

Federal Energy Regulatory Commission, U.S., Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview and contemporary analysis of the energy policymaking role played by the Energy Department's Federal Energy Regulatory Commission (FERC). FERC responsibilities include regulating the prices and interstate transmission of electricity, natural gas, and oil. Its responsibilities also include reviewing proposals to build and locate natural gas terminals, interstate natural gas pipelines, licensing hydropower projects, and regulating relevant mergers and securities acquisitions in these areas.

Hydroelectric Power, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview and contemporary analysis of the advantages and disadvantages of federal government support for hydroelectric power in the American West.

Land Management, U.S. Bureau Of, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview and current assessment of the role played by the Interior Department's Bureau of Land Management in its ownership of federal lands in western states and its efforts to balance economic development of natural resources and conservation of these resources on these lands.

Subsidies, Agricultural, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides historical and contemporary information on U.S. Government agricultural subsidies and how they affect agricultural policy in the Western U.S.