Law Commons^™

Fda Reform And The European Medicines Evaluation Agency, Theodore Ruger

All Faculty Scholarship

No abstract provided.

Overview Of Federal Technology Transfer, Lawrence Rudolph

RISK: Health, Safety & Environment (1990-2002)

Mr. Rudolph reviews approximately thirteen years of legal and political developments that have contributed to laws governing the extent to which private firms may secure rights in technology at least partly developed with federal funds.

Technology Transfer: A View From The Trenches, Harvey Drucker

RISK: Health, Safety & Environment (1990-2002)

Dr. Drucker, who has lab-wide responsibility for technology transfer at Argonne National Laboratory, argues that transferring rights in discoveries made through tax supported research to private entities can contribute to public welfare in many ways.

The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp

All Faculty Scholarship

America's political institutions are built on the principle that individual preferences are central to the formation of policy. The two most important institutions in our system, democracy and the market, make individual preference decisive in the formation of policy and the allocation of resources. American legal traditions have always reflected the centrality of preference in policy determination. In private law, the importance of preference is reflected mainly in the development and persistence of common-law rules, which are intended to facilitate private transactions over legal entitlements. In constitutional law, the centrality of preference is reflected in the high position we assign …

The Value Of Black Mothers' Work, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson

All Faculty Scholarship

What is the role of the occurrence of harm or evil in criminal law? What should it be? Answers to these questions commonly use the distinction between what is called an objective and a subjective view of criminality. To oversimplify, the objective view maintains that the occurrence of the harm or evil defined by the offense is highly relevant. The subjectivist view maintains that such harm or evil is irrelevant; only the actor's culpable state of mind regarding the occurrence of the harm or evil is important. The labels tend to overstate a rather subtle distinction. The objectivist or harmful …

The Future Of Communications Policymaking, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

The National Information Infrastructure: Policymaking And Policymakers, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Ozgur 1993 Turkiye'nin Ozel Cevre Koruma Bolgeleri Politikasi (Specially Protected Areas Policy Of Turkey) Türkiye'nin Özel Çevre Koruma Bölgeleri Politikası: Foça Örneği, Huseyin Ozgur Prof.Dr.

Huseyin Ozgur Prof.Dr.

Specially protected areas (SPAs) in Turkey were initiated in 1990 with the special interest of Prime Minister Turgut Özal and pressure from international agreements signed by Turkish Government. As of 1992, there were 12 SPAs in 5 provinces, most of them were on shorelines of lakes or seas. The decision making of SPAs policy in Turkey fit to muddling through. It helped to protect special and sensitive areas to be protected. All these SPAs had several small settlements and controversial usages of the land and water areas. The policy helped to control dense and uncontrolled settlements however created issues on …

Procedural Choices In Regulatory Science, Sheila Jasanoff

RISK: Health, Safety & Environment (1990-2002)

This paper compares four approaches to using science in regulatory decision making - one very similar to the Science Court proposal. Professor Jasanoff argues generally that that proposal would be less useful than procedures more sensitive to the distinctive characteristics of regulatory science.

The Science Court: Reminiscence And Retrospective, Allan Mazur

RISK: Health, Safety & Environment (1990-2002)

A self-described "agnostic" on the merits of the Science Court proposal describes how he independently arrived at a similar notion and played a role in efforts to secure a major test of the proposal. Professor Mazur also analyzes university-based experiments structured around that model and concludes that the controversial "judges" are probably unnecessary to achieve his original objectives.

Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Corporate Law Through An Antitrust Lens, Edward B. Rock

All Faculty Scholarship

No abstract provided.

Police Abuse: Can The Violence Be Contained?, David Rudovsky

All Faculty Scholarship

No abstract provided.

A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner

All Faculty Scholarship

No abstract provided.

Equality And Private Choice, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Treating Crazy People Less Specially, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

How To Manage Your Police Department: A Handbook For Citizens, City Officials And Police Managers, Donald G. Hanna

Faculty Books

No abstract provided.

Hybrid Principles For The Distribution Of Criminal Sanctions, Paul H. Robinson

All Faculty Scholarship

Most criminal codes, and most criminal law courses, begin with the 'familiar litany' of the purposes of criminal law sanctions - just punishment, deterrence, incapacitation of the dangerous, and rehabilitation. We train and direct our lawyers, judges, and legislators to use these purposes as guiding principles for the distribution of criminal sanctions. The purposes are thus to guide both the drafting and interpretation of criminal statutes and the imposition of criminal sentences in individual cases. The purposes frequently conflict, however, as part I will demonstrate. Conflicts arise because each purpose requires consideration of different criteria; in some cases, a particular …

Antitrust Policy After Chicago, Herbert J. Hovenkamp

All Faculty Scholarship

This article, which was published in 1985, describes the development of a "Post-Chicago" antitrust policy. The Chicago School of antitrust analysis has made an important and lasting contribution to antitrust policy. The School has placed an emphasis on economic analysis in antitrust jurisprudence that will likely never disappear. At the same time, however, the Chicago School's approach to antitrust is defective for two important reasons. First of all, the notion that public policymaking should be guided exclusively by a notion of efficiency based on the neoclassical market efficiency model is naive. That notion both overstates the ability of the policymaker …

Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Boston In Transition: A Financial Analysis, Raymond L. Flynn, Financial Analysis Research Group, John W. Mccormack Institute Of Public Affairs, University Of Massachusetts Boston

John M. McCormack Graduate School of Policy and Global Studies Publications

The new Mayor of Boston must earn the confidence of the taxpaying public in his financial leadership by employing credibility and candor in the management of city affairs.

To begin the process of re-enfranchising Bostonians who have come to mistrust financial decisions seemingly determined by political calculations, the new Mayor must make an accurate disclosure of the City's financial picture, rely on the commitment of the state to properly support its capital city and restore integrity and strong management controls to government operations. Recommendations for budget cuts, hiring freezes and adjustments in tax rates, when they are necessary, should only …

The Labor Market And Illegal Immigration: The Outlook For The 1980s, Michael L. Wachter

All Faculty Scholarship

No abstract provided.

State Plans Inventory, Maine State Planning Office

Maine Collection

State Plans Inventory

Maine State Planning Office, Comprehensive Planning Assistance Divsion

Augusta, Maine (December, 1978).

"The preparation of this report was financially aided by a 701 Comprehensive Planning Assistance grant fro the U.S. Department of Housing and Urban Development."

Contents: Letter of Transmittal / Introduction / State Plans Inventory / Indices of State Plans / Tables

Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Webb-Pomerene Act At Home And Abroad, Richard A. Sloan

IUSTITIA

For the most prolonged period of time in recent history, American corporations have been experiencing difficulties in dealing with foreign economic competition. Consequently, there has been a growing interest in finding ways to enhance the marketing strength of American firms competing with foreign firms in foreign markets. This is not the first time concern with American firms' competitive strength has been articulated; the Webb- Pomerene Act of 1918 was an attempt by Congress to vitalize American exporting firms. Since 1918, the Webb-Pomerene Act has been the subject of disagreement as to its usefulness and effectiveness in achieving its stated goal. …

Development And Diversification In Administrative Rule Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Maine Comprehensive Energy Plan, Maine. Office Of Energy Resources

Dickey-Lincoln School Lakes Project

Prepare a comprehensive energy resources plan to be revised and updated at least annually and more often as the Director of the Office of Energy Resources or the State Legislature deem necessary.

Response To Henkin, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte, Paul H. Robinson

All Faculty Scholarship

This Article will present what appears to be a workable system which allows fulfillment of both of the jury instruction functions-jury guidance and legal-theory-resolution-and which will simultaneously reduce the number of reversals due to judicial error in instructing the jury (the latter result may be anticipated in any system which is able to produce the former result). This Article proposes the abolition of the sua sponte duty of the trial judge except for certain basic instructions to be specified by statute or by rule of court. The proposal would retain for each advocate the opportunity to propose instructions reflecting his …