Law Commons^™

Slides: Last In Line: Environmental Impacts Of Increased Colorado River Stress And Shortages, Michael Cohen

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Michael Cohen, Pacific Institute.

35 slides and 34 pages (includes color illustrations and map).

Hide It Or Unbundle It: A Comparison Of The Antitrust Investigations Against Microsoft In The U.S. And The E.U., Sue Ann Mota

The University of New Hampshire Law Review

[Excerpt] "Microsoft Corporation, the world’s largest software company, has been facing antitrust scrutiny globally. In the U.S., after what’s been called the antitrust trial of the century, a consent decree was reached between Microsoft, the United States government, and several states, that closely resembled the litigated remedy that the remaining states received. Only Massachusetts appealed the litigated remedy, which was approved by the appeals court on June 30, 2004. In the United States, Microsoft was required to hide, but not remove, the Internet Explorer browser on the Windows Operating System. While antitrust litigation was ongoing in the United States against …

Stormwater Utility Fees: Considerations & Options For Interlocal Stormwater Working Group (Iswg), New England Environmental Finance Center

Economics and Finance

Stormwater utilities are a concept whose time seems to have arrived. Established by relatively few communities in the 1970s as a method of funding flood control measures, stormwater utilities now exist in over 400 municipalities and counties throughout the United States. During the next 10 years, their numbers are expected to swell dramatically – by one estimate to over 2,000 by the year 2014.

The reasons for this growth are multifold. Federal stormwater regulations passed in the 1980s (Phase I of the National Pollutant Discharge Elimination System Program, or NPDES), motivated many larger communities to seek alternative funding sources and …

Santa Clara Magazine, Volume 46 Number 4, Spring 2005, Santa Clara University

Santa Clara Magazine

8 - 'AN EXTRAORDINARY EVENT' By Elizabeth Kelley Gillogly '93. SCU Music Professor Hans Boepple is a gifted pianist and dedicated teacher.

10 - EMBRACING DIFFERENCES By Adam Breen. Senior Aaron Uchikura spent a summer helping children in Moscow orphanages.

12 - THE KOKO CONNECTION By Victoria Hendel De La O. Senior Tierra Wilson's perseverance landed her a job as a gorilla research assistant and caregiver.

16 - A ROTATION IN ETHICS By Rita Beamish '74. Students learn about the ethics of health care by shadowing doctors and nurses at O'Connor Hospital in San Jose.

Land Planning And Development Mitigation For Protecting Water Quality In The Great Lakes System: An Evaluation Of U.S. Approaches, Elizabeth Brabec, Peter Kumble

Elizabeth Brabec

A review of the land use/water quality interface of the Great Lakes system, and the monitoring programs in place. The paper reviews the weakness in the system and suggests opportunities for improvement.

Land Planning And Development Mitigation For Protecting Water Quality In The Great Lakes System: An Evaluation Of U.S. Approaches, Elizabeth Brabec, Peter Kumble

Landscape Architecture & Regional Planning Faculty Publication Series

A review of the land use/water quality interface of the Great Lakes system, and the monitoring programs in place. The paper reviews the weakness in the system and suggests opportunities for improvement.

Who Counts Your Votes?, Halina Kaminski, Lila Kari, Mark Perry

Computer Science Publications

Open and fair elections are paramount to modern democracy. Although some people claim that the penciland- paper systems used in countries such as Canada and UK are still the best method of avoiding vote rigging, recent election problems have sparked great interest in managing the election process through the use of electronic voting systems. It is a goal of this paper to describe a voting system that is secret and secure as well as verifiable and useable over an existing computer network. We have designed and implemented an electronic voting system – Verifiable E-Voting (VEV) – with an underlying protocol …

The Fate Of Firms: Explaining Mergers And Bankruptcies, Clas Bergström, Theodore Eisenberg, Stefan Sundgren, Martin T. Wells

Cornell Law Faculty Publications

Using a uniquely complete data set of more than 50,000 observations of approximately 16,000 corporations, we test theories that seek to explain which firms become merger targets and which firms go bankrupt. We find that merger activity is much greater during prosperous periods than during recessions. In bad economic times, firms in industries with high bankruptcy rates are less likely to file for bankruptcy than they are in better years, supporting the market illiquidity arguments made by Shleifer and Vishny (1992). At the firm level, we find that, among poorly performing firms, the likelihood of merger increases with poorer performance, …

Judge-Jury Agreement In Criminal Cases: A Partial Replication Of Kalven And Zeisel's The American Jury, Theodore Eisenberg, Paula L. Hannaford-Agor, Valerie P. Hans, Nicole L. Waters, G. Thomas Munsterman, Stewart J. Schwab, Martin T. Wells

Cornell Law Faculty Publications

This study uses a new criminal case data set to partially replicate Kalven and Zeisel's classic study of judge-jury agreement. The data show essentially the same rate of judge-jury agreement as did Kalven and Zeisel for cases tried almost 50 years ago. This study also explores judge-jury agreement as a function of evidentiary strength (as reported by both judges and juries), evidentiary complexity (as reported by both judges and juries), legal complexity (as reported by judges), and locale. Regardless of which adjudicator's view of evidentiary strength is used, judges tend to convict more than juries in cases of "middle" evidentiary …

Against 'Individual Risk': A Sympathetic Critique Of Risk Assessment, Matthew D. Adler

All Faculty Scholarship

"Individual risk" currently plays a major role in risk assessment and in the regulatory practices of the health and safety agencies that employ risk assessment, such as EPA, FDA, OSHA, NRC, CPSC, and others. Risk assessors use the term "population risk" to mean the number of deaths caused by some hazard. By contrast, "individual risk" is the incremental probability of death that the hazard imposes on some particular person. Regulatory decision procedures keyed to individual risk are widespread. This is true both for the regulation of toxic chemicals (the heartland of risk assessment), and for other health hazards, such as …

What Communities Should Do Pre-Event To Support Public Health Post-Event Assessments, Surveillance And Monitoring, Thomas Lyons Carr Iii

Thomas Lyons (Thom) Carr III Appl.Sc., CEM

[Abstract written March 2008, TLC] Under worst-case planning assumptions used by some major metropolitan areas, a Neighbor-to-Neighbor self-help program model is the primary link between citizens and the professional response personnel of the responsible government agencies.

In the Neighbor-to-Neighbor self-help program model or a Community Emergency Management Plan (CEMP) calls on the citizens in neighborhoods to identify and establish cluster emergency preparedness committees, Cluster Emergency Coordination Centers (CECC) and Community Emergency Response Teams (CERT). Missing from these plans or what is not articulated is how constant Public Health Post-Event Surveillance, Monitoring and Assessments will be done. Given the worst-case planning …

Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg

Cornell Law Faculty Publications

The U.S. Supreme Court, in Furman v. Georgia (1972), held that the death penalty is constitutional only when applied on an individualized basis. The resultant changes in the laws in death penalty states fostered the involvement of psychiatric and psychologic expert witnesses at the sentencing phase of the trial, to testify on two major issues: (1) the mitigating factor of a defendant’s abnormal mental state and (2) the aggravating factor of a defendant’s potential for future violence. This study was an exploration of the responses of capital jurors to psychiatric/psychologic expert testimony during capital sentencing. The Capital Jury Project is …

Death Sentence Rates And County Demographics: An Empirical Study, Theodore Eisenberg

Cornell Law Faculty Publications

The number of murders in a state largely determines the size of a state's death row. The more murders, the larger the death row. This fundamental relation yields surprising results, including the newsworthy finding that Texas's death sentencing rate is not unusually high. Recent state-level research also underscores the importance of race in the demography of death row. Death penalty research has long emphasized race's role, and with good reason--a racial hierarchy exists in death sentence rates. Black defendants who murder white victims receive death sentences at the highest rate; white defendants who murder white victims receive death sentences at …

Land Planning And Development Mitigation For Protecting Water Quality In The Great Lakes System: An Evaluation Of Us Approaches, Elizabeth Brabec, Peter Kumble

Elizabeth Brabec

Since 1978, studies by the International Joint Commission (the bi-national commission mandated to protect the Great Lakes) have shown increasing water quality stress due to urban non-point source pollution. The key question for the IJC today, as an international commission with no direct enforcement power, is how the IJC can be effective in getting the parties and their jurisdictions to improve management of non-point source pollution issues when the land use trigger is primarily a local government issue. To begin to answer this question, the primary objective of this current study is to assemble the latest data and analysis on …

El Malpais Area: National Monument, National Conservation Area And The West Malpais And Cebolla Wilderness Areas, Kathryn M. Mutz, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

53 p. : ill., maps

Gila Box Area: Gila Box Riparian National Conservation Area, And The Fishhooks And Needle's Eye Wilderness Areas, Douglas S. Kenney, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

23 p. : ill., map

In Search Of Sustainable Water Management: International Lessons For The American West And Beyond, Douglas S. Kenney

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b279300~S0

Contents: Water policy and cultural exchange : transferring lessons from around the world to the western United States / James L. Wescoat Jr. -- Roles for the public and private sectors in water allocation : lessons from around the world / Charles W. Howe, Helen Ingram -- Integrating environmental and other public values in water allocation and management decisions / David H. Getches, Sarah B. Van de …

Santa Clara Magazine, Volume 47 Number 3, Winter 2005, Santa Clara University

Santa Clara Magazine

8 - AFTER AMERICA by Deepa Arora. Thomas J. Reese, S.J., the former editor of the Jesuit weekly magazine, America, is spending a sabbatical year at SCU. He sat down for an exclusive interview with SCM to reflect on what he has witnessed, what inspires him, and the future of the Church.

16 - A HALF-CENTURY OF ART AND HISTORY AT SCU by Victoria Hendel De La O. "Through its exhibitions and collections, the museum allows students and faculty to expand the walls of the classroom," says Rebecca M. Schapp, director of the de Saisset Museum, which is celebrating its …

Critical Questions In Computational Models Of Legal Argument, Douglas Walton, Thomas F. Gordon

CRRAR Publications

Two recent computational models of legal argumentation, by Verheij and Gordon respectively, have interpreted critical questions as premises of arguments that can be defeated using Pollock’s concepts of undercutters and rebuttals. Using the scheme for arguments from expert opinion as an example, this paper evaluates and compares these two models of critical questions from the perspective of argumentation theory and competing legal theories about proof standardsfor defeating presumptions. The applicable proof standard is found to be a legal issue subject to argument. Verheij’smodel is shown to have problems because the proof stan-dards it applies to different kinds of premises are …

A Brief History Of Bioperl, Colin Crossman, Arti K. Rai

Faculty Scholarship

Large-scale open-source projects face a litany of pitfalls and difficulties. Problems of contribution quality, credit for contributions, project coordination, funding, and mission-creep are ever-present. Of these, long-term funding and project coordination can interact to form a particularly difficult problem for open-source projects in an academic environment.

BioPerl was chosen as an example of a successful academic open-source project. Several of the roadblocks and hurdles encountered and overcome in the development of BioPerl are examined through the telling of the history of the project. Along the way, key points of open-source law are explained, such as license choice and copyright.

The …

On The Regulation Of Networks As Complex Systems: A Graph Theory Approach, Daniel F. Spulber, Christopher S. Yoo

All Faculty Scholarship

The dominant approach to regulating communications networks treats each network component as if it existed in isolation. In so doing, the current approach fails to capture one of the essential characteristics of networks, which is the complex manner in which components interact with one another when combined into an integrated system. In this Essay, Professors Daniel Spulber and Christopher Yoo propose a new regulatory framework based on the discipline of mathematics known as graph theory, which better captures the extent to which networks represent complex systems. They then apply the insights provided by this framework to a number of current …

Sustainable Development And Natural Governance: The Challenges Ahead, John Dernbach, Dan Tarlock

John C. Dernbach

No abstract provided.

Targets, Timetables And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach

John C. Dernbach

No abstract provided.