Law Commons^™

The Role Of Religious Values In Politics, Darrin P. Dixon

Darrin P Dixon

No abstract provided.

Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States, Michael J. Kelly, Patrick J. Borchers, Erika Moreno, Richard C. Witmer, James S. Wunsch, Arthur B. Pearlstein

Michael J. Kelly

This commissioned report to USAID outlines two models for resolution of property claims between Cuba and the United States: (1) a bilateral tribunal that will apply international law for the claims of those who were U.S. nationals at the time of the taking, and (2) a special claims court within the Cuban judiciary that will apply Cuban law based on the Spanish Civil Code for the claims of those who were Cuban nationals at the time of the taking. The report includes a complete audit of FCSC files for American claimants, an extensive review of the property claims systems employed …

Ruling Out The Rule Of Law, Kim Forde-Mazrui

Kim Forde-Mazrui

Although criminal justice scholars continue to debate the overall value of the void-for-vagueness doctrine, broad consensus prevails that requiring crimes to be defined in specific terms reduces law enforcement discretion. A few scholars have questioned this assumption, but the conventional view remains dominant. This Article intends to resolve the question whether the void-for-vagueness doctrine really reduces police discretion. It focuses on traffic enforcement, a context in which laws are both specific and subject to discretionary enforcement. The Article concludes that specific rules do not constrain discretion unless judicial limits are placed either on the scope of activities that may be …

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Paolo Santella

No abstract provided.

Steekpartij Voor De Spiegel, Jenneke Christiaens

Jenneke Christiaens

No abstract provided.

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Carlo Drago

No abstract provided.

Law's Autonomy, Ashok Agrwaal

Ashok Agrwaal

Like entropy, autonomy exists. As such, the existence of autonomy does not need any law or laws, beyond itself and its nature. Autonomy can, therefore, be said to be an "original" state of human kind; or at least of the individual. Law, which is frequently seen as preserving/ maximising/ conferring autonomy is actually a device to usurp autonomy. The paper looks at a specific example of how the nation-state, the most powerful usurper of autonomies created till date, arrogates autonomy to itself, in the name of ‘public interest’. Needless to say, in the hands of the state, autonomy translates into …

Naked Exclusion, Efficient Breach, And Downstream Competition, John Simpson, Abraham L. Wickelgren

Abraham L. Wickelgren

Previous papers by Eric B. Rasmusen et. al. (1991) and Ilya R. Segal and Michael D. Whinston (2000) argue that exclusive contracts can inefficiently deter entry in the presence of scale economies and multiple buyers. We first show that these results no longer hold when buyers are final consumers who can breach these contracts and pay expectation damages. We then show, however, that exclusive contracts can inefficiently deter entry if buyers are downstream competitors, even in the absence of scale economies and even if breach is possible.

Bad Science In Search Of “Bad” Patents, Ron D. Katznelson

Ron D. Katznelson

This paper draws attention to fundamental deficiencies in studies that have been relied upon as authoritative sources on patent grant rate comparisons among national patent offices. The two prominent studies analyzed here had employed erroneous methods to compare patent grant rates, resulting in false high indications of such rates at the U.S. patent office compared to foreign patent offices. The three identified categories of analysis errors found in these studies were (i) the misapplication of conditional probability; (ii) miscounting invention applications; and (iii) failure to account for patent obsolescence and application attrition due to the widely differing delays among national …

Indian Capitalism In Directed Economy - Challenges In The Path To Prosperity, Shashi Sharma

Shashi Sharma

No abstract provided.

Self-Handicapping And Managers' Duty Of Care, David A. Hoffman

David A Hoffman

This symposium essay focuses on the relationship between managers’ duty of care and self-handicapping, or constructing obstacles to performance with the goal of influencing subsequent explanations about outcomes. Conventional explanations for failures of caretaking by managers have focused on motives (greed) and incentives (agency costs). This account of manager behavior has led some modern jurists, concerned about recent corporate scandals, to advocate for stronger deterrent measures to realign manager and shareholder incentives. Self-handicapping theory, by contrast, teaches that bad manager behavior may occur even when incentives are well-aligned. Highly successful individuals in particular come to fear the pressure of replicating …

Patent Continuations, Product Lifecycle Contraction And The Patent Scope Erosion. – A New Insight Into Patenting Trends., Ron D. Katznelson

Ron D. Katznelson

This study was initiated in order to provide more factual insight into the recent debates on patent reforms in general and more particularly, the practice of patent continuations in the United States Patent and Trademark Office (“USPTO”). Several important trends that have not been previously quantified are brought to light. A quantitative analysis of various components of the flow of patent applications to the USPTO was carried out and insight into the ever-increasing propensity of patentees to file patent applications is presented. It is shown that with the exception of isolated transients due to patent law changes, the growth trend …

Chain Reaction: How Property Begets Property, Sabrina Safrin

Sabrina Safrin

Classic theories for the evolution of property rights consider the emergence of private property to be a progressive development reflecting a society's movement to a more efficient property regime. This article argues that instead of this progressive dynamic, a more subtle and damaging chain reaction dynamic can come into play that traditional theories for intellectual and other property rights neither anticipate nor explain. The article suggests that the expansion of intellectual and other property rights have an internally generative dynamic. Drawing upon contemporary case studies, the article argues that property rights evolve in reaction to each other. The creation of …

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Paolo Santella

No abstract provided.

The Public Trust Debate: Implications For Heirs' Property Owners Along The Gullah Coast, Faith R. Rivers

Faith R Rivers

Heirs’ property ownership is a significant problem facing the African American community in the Lowcountry of South Carolina. Heirs’ property generally refers to real property purchased by African Americans and held within families for generations without clear title. The land is owned by a group of relatives – the heirs – who possess fractionated fees as tenants in common. The disposition of tenants in common property is governed by the law of partition. Partition provides for the division of property, or its cash “equivalent,” according to owner interests.

The Lowcountry of South Carolina is the birthplace and central hub of …

English Only At Work, Por Favor, Natalie Prescott

Natalie Prescott

Whether or not employees can be required to speak only English at work is a very delicate question. This issue has caused considerable disagreement among courts and legal scholars and gained greater prominence in 2006, when the Tenth Circuit Court of Appeals created a circuit split by allowing for the possibility that an English-only rule may violate Title VII. Some scholars have attempted to address the legality of an English-only rule, mostly arguing that the rule violates Title VII. This Article, however, explains why Title VII does not apply to an English-only rule. The Article addresses a wide range of …

A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Ii, Methodology), Ashok Agrwaal

Ashok Agrwaal

This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …

A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 - 2005 (Chapter-I, Introduction), Ashok Agrwaal

Ashok Agrwaal

This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …

A Control Theory Model Of Pricing For A Firm Facing A Stochastic Environment – A Firm’S Dynamic Pricing Strategy When Faced With The Threat Of Antitrust Action, Manak Gupta, Atin Basu Choudhary

Atin Basu Choudhary

No abstract provided.

Silence Is Golden: Communication, Silence, And Cartel Stability, Atin Basu Choudhary, John Conlon

Atin Basu Choudhary

This paper studies how cartel stability is influenced by asymmetric information and communication about demand. Firms in a cartel face fluctuating demand in a repeated game framework. In each period, one randomly chosen firm knows current demand. In this context we consider two different equilibria -- one where the informed firm communicates its information to its partners and another where it does not. We show that cartels are extremely unstable when the informed firm communicates with the uninformed firms. However, when the informed firm does not communicate with the uninformed firms cartels can be as stable as when there are …

The Evolving Role Of Citizens In United States-Canadian International Environmental Law Compliance, Noah D. Hall

Noah D Hall

Citizen participation is critical in environmental law compliance. While citizens often have a major role in advancing compliance with domestic environmental law, citizens have historically had a much more limited role in international environmental law. However, a new model is emerging North America. The role of citizens in United States-Canadian international environmental law compliance has expanded greatly over the past several decades. Beginning in the 1970’s with increased public participation in binational governance agreements and expanding in the past two decades to formal roles in monitoring implementation of international environmental agreements, citizen participation is now central in the United States-Canadian …

Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall

Noah D Hall

Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal …

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Paolo Santella

No abstract provided.

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Carlo Drago

No abstract provided.

Strategic Planning For Combating Terrorism: A Critical Examination, Arsalan Suleman

Arsalan Suleman

This article engages in a thorough assessment of the Bush Administration's main security strategy documents related to combating terrorism, namely the 2002 and 2006 National Security Strategy documents, the 2003 National Strategy for Combating Terrorism, and the 2006 National Military Strategic Plan for the War on Terrorism. First, the article assesses the value and importance of strategy documents and the utility in analyzing them. Second, the strategies are analyzed based on the process by which they were authored, the structural elements of the strategy, and the strategy's content. Third, the article discusses the overall content of counter-terrorism strategy and makes …

Undermining Individual And Collective Citizenship: The Impact Of Felon Exclusion Laws On The African-American Community, S. David Mitchell

S. David Mitchell

Felon exclusion laws are jurisdiction-specific, post-conviction statutory restrictions that prohibit convicted felons from exercising a host of legal rights, most notably the right to vote. The professed intent of these laws is to punish convicted felons equally without regard for the demographic characteristics of each individual, including race, class, or gender. Felon exclusion laws, however, have a disproportionate impact on African-American males and, by extension, on the residential communities from which many convicted felons come. Thus, felon exclusion laws not only relegate African-American convicted felons to a position of second-class citizenship, but the laws also diminish the collective citizenship of …

An International Mission, Matthew Wilburn King

Matthew Wilburn King PhD

University of Tulsa Magazine Publication Issue - Research: Bright Ideas

Disciplining Words: What You Always Wanted To Know About Terminology Management, Uwe Muegge

Uwe Muegge

Terminology management enables organizations of any size to use the same terms consistently within and across the communication types that accompany a product or service. Typical communication types include specifications, drawings, GUI, software strings, help systems, technical documentation, marketing materials, regulatory submissions, etc. As multiple authors typically contribute to these communications, terminology management is the most efficient solution for ensuring that the organization speaks with one voice.

Seguridad Jurídica En El Estado Regulador, Carlos Mena-Labarthe

Carlos Mena-Labarthe

El artículo pretende analizar las implicaciones en seguridad jurídica derivadas del cambio en el modelo de organización de las actividades del Estado en su transformación en un Estado Regulador. Se analizan las implicaciones de los nuevos elementos del modelo y algunas sugerencias para brindar seguridad jurídica en un este nuevo modelo.

La Convergencia Y El Principio De La Neutralidad Tecnológica, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.