Law Commons^™

Rethink The "War On Drugs", John J. Donohue

John Donohue

Crime is an issue that often seeps into Presidential elections in one form or another. Indeed, the Bush Administration has rolled back or undermined the two primary crime‐fighting initiatives of the Clinton Administration by allowing the 1994 federal ban on assault weapons to lapse, and by eliminating Clinton’s COPS program, which put tens of thousands of new police on the streets of American cities. Gun control is largely a dead letter, since the NRA has shown that it has the power to keep any type of gun in the hands of anyone who wants them, as well as the power …

Usa Patriot Act: The Impact Of Usa Patriot Act On American Society: An Evidence Based Assessment, Kam C. Wong

Kam C. Wong

No abstract provided.

Fee-Shifting Rules In Litigation With Contingency Fees, Kong-Pin Chen

Kong-Pin Chen

This article theoretically compares the British and American fee-shifting rules in their influences on the behavior of the litigants and the outcomes of litigation. We build up a comprehensive litigation model with asymmetric information and agency costs, which makes it possible to make comparison on a broad arrays of issues in a single unified framework. We then solve for the equilibria under both American and British rules, and thereby compare their equilibrium settlement amounts and rates, expenditures incurred in trials, as well as the plaintiff’s chances of winning and incentive to sue. The theoretical results are broadly consistent with existing …

Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin

David M. Smolin

This Article explores the question of whether intercountry adoption is an effective, appropriate, or ethical response to poverty in developing nations. As a matter of methodology, this fundamental question of adoption ethics is explored through the lens of international human rights law. This Article specifically argues that, where the birth parents live under or near the international poverty standard of $1 per day, family preservation assistance must be provided or offered as a condition precedent for accepting a relinquishment that would make the child eligible for intercountry adoption.

Laws Against Bubbles: An Experimental-Asset-Market Approach To Analyzing Financial Regulation, Erik F. Gerding

Erik F. Gerding

This article analyzes the effectiveness of proposed and actual securities, financial, and tax laws designed to prevent, or dampen the severity of asset price bubbles, including laws designed to mitigate "excessive" speculation. The article employs experimental asset market research to measure the effectiveness of these "anti-bubble laws" in correcting mispricings. Experimental asset markets represent complex simulations of stock markets in which subjects trade securities over a computer network. These markets allow scholars to test causal links between legal policies and market effects in ways that empirical research alone cannot. With these virtual markets, researchers can identify asset price bubbles - …

Applying The Restorative Justice Model To Medical Malpractice, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

No abstract provided.

Disseminando O Direito Urbanístico Através Do Ensino A Distância Virtual: A Proposta Da Puc Minas Virtual E Curso Virtual De Regularização Fundiária De Assentamentos Informais Urbanos, Rafael De Oliveira Alves, Edésio Fernandes, Helena Dolabela Pereira

Rafael de Oliveira Alves

No abstract provided.

Expanding The Gap: How The Rural Property System Exacerbates China's Urban-Rural Gap, Benjamin James

Benjamin James

This paper asserts that one of the main reasons the wealth gap between China’s peasants and city-dwellers persists and continues to widen is China’s system of property laws, especially those that specifically govern rural real estate. The principal problem with the current rural property system is that it is a hybrid system – a mix of China’s socialist past with significant changes toward a market-based future. This system marginalizes China’s farmers by creating insecurities in their legal rights to operate rural land and by systematically undervaluing that land. As a result, Chinese peasants are deprived of both the protections and …

Broadband Deployment To Rural America: The Foundation Of American Innovation In The Digital Age, Don E. Reeve

Don E Reeve Jr.

This note is a focused discussion of the importance of rural broadband inclusion in the scheme of national broadband deployment through an examination of Presidential Candidate Senator Hillary Clinton’s proposed broadband policies. With the rise of the global digital marketplace, the significance of broadband deployment to underserved communities not only rest on the benefits that broadband service provides but also on the potential damage non-inclusion can cause to our nation’s economic and institutional stability. This truth is the catalyst behind the prominence of broadband, and in particular rural broadband inclusion, in the current presidential campaigns. Accordingly, this note examines the …

Shifting Paradigms Of Parochialism: Lessons For International Trade Law, Elizabeth Trujillo

Elizabeth Trujillo

Much of the study of international private law has focused on exploring differences in legal systems in light of domestic issues or harmonization. Much less emphasis has been on accepting these various parochial interests as part of a global legal structure. This preliminary study into what drives parochial attitudes can help international trade scholars observe the traditions engendering these differing parochial attitudes and their impact on trade. Through a pluralist lens and in borrowing from studies in the social sciences on parochialism, this paper attempts to bring to light a world of “hybrid legal spaces” that adds complexity to the …

Green With Envy? Greenmail Is Good! Rational Economic Responses To Greenmail In A Competitive Market For Capital And Managers, Eric A. Engle

Eric A. Engle

Greenmail denotes the decision by a corporation's board of directors to repurchase its shares that are held by a corporate raider, often at a significant premium, thereby keeping the board of directors in office. It may represent a conflict of interest between the corporation's shareholders and the board of directors. While greenmail is legal, 50% of greenmail gains are subject to taxation. This Article argues that greenmail has a healthy role in a competitive market economy.

Education And Homeless Youth: Policy Implementations, Ronald Hallett

Ronald Hallett

Hallett provides a review of research project related to McKinney-Vento.

A Window Into The Regulated Commons: The Takings Clause, Investment Security, And Sustainability, Josh Eagle

Josh Eagle

The holding of the U.S. Court of Appeals for the Federal Circuit in American Pelagic Fishing Co. v. United States points to the conclusion that the government will almost never be liable, under the Takings Clause, when fisheries regulations reduce the value of commercial fishing permits, vessels, or gear. From the perspective of natural resource economics, this is a healthy result. Economists suggest that solving commons problems requires that natural resources be under the complete control of a sole owner who makes self-interested decisions about resource use, and if the Fifth Amendment required the government owner to compensate fishermen when …

Is This Music Scholar A Copyright Criminal?, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Under Cover Of Science: American Legal-Economic Theory And The Quest For Objectivity, James Hackney Jr.

James R. Hackney Jr.

No abstract provided.

The Folk And Genetic Commons: Two Peas In A Pod, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Freedom Of Expression® Resistance And Repression In The Age Of Intellectual Property, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Transnational Debates On Human Rights In The Muslim World: Politics, Economics, And Society, Anthony Chase

Anthony Chase

No abstract provided.

Mental Health Parity Laws, Louis Graham, Kisha Braithwaite

Louis F Graham

Dred Scott And The Political Question Doctrine, Wesley M. Oliver

Wesley M Oliver

No abstract provided.

Application To Participate In The Library Of Congress Section 108 Roundtable., Denise Troll Covey

Denise Troll Covey

No abstract provided.

Military Commissions Act Of 2006, Arsalan M. Suleman

Arsalan Suleman

On October 17, 2006, President Bush signed into law the Military Commissions Act of 2006 (MCA). Congress passed the MCA to authorize the trial by military commissions of detained terrorism suspects after the Supreme Court's decision in Hamdan v. Rumsfeld invalidated the military commissions previously established pursuant to a 2001 military order from President Bush. The MCA adds chapter 47A to title 10 of the U.S. Code to give statutory authorization for the military commissions. This Recent Development explores some of the more controversial aspects of the MCA, especially those sections that respond to the Court's Hamdan decision. The note …

Pluralismo, Consenso Y Desobediencia Civil Desde La Filosofía Política Contemporánea. La Recepción Del Discurso Pluralista En La Jurisprudencia Constitucional Respecto Al Caso Indígena, Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.

Disentangling The Psychology And Law Of Instrumental And Reactive Subtypes Of Aggression, Reid G. Fontaine

Reid G. Fontaine

Behavioral scientists have distinguished an instrumental (or proactive) style of aggression from a style that is reactive (or hostile). Whereas instrumental aggression is cold-blooded, deliberate, and goal driven, reactive aggression is characterized by hot blood, impulsivity, and uncontrollable rage. Scholars have pointed to the distinction between murder (committed with malice aforethought) and manslaughter (enacted in the heat of passion in response to provocation) in criminal law as a reflection of the instrumental–reactive aggression dichotomy. Recently, B. J. Bushman and C. A. Anderson (2001) argued that the instrumental–reactive aggression distinction has outlived its usefulness in psychology and pointed to inconsistencies and …

Jamais Deux Sans Trois: Principes Régissant Les Effets De La Récidive Sur La Peine Et La Libération Conditionnelle Dans Les Codes Pénaux Européens (French), Sacha Raoult

Sacha Raoult

This paper examines the general principles that guide the classical treatment of an offender's dangerousness in the criminal codes of sixteen European countries. It provides a review of the way in which each penal code deals with both multiple offenders and the terms of parole. There is substantial variety in the legal definitions and effect of recidivism, with some very strict criteria in place in some states. The same various degree of arbitrariness and lack of clear standards apply to the terms of parole. Though arbitrariness in the administering of these legal categories is common throughout Europe, it can be …

La Economía Navarra: Productividad Y Competitividad Del Sector Exterior, Javier Agudo

Javier Agudo

La economía Navarra es una economía fundamentalmente industrial. Debido a esta característica, Navarra podría sufrir de una manera muy dura los efectos de una deslocalización industrial, más por ejemplo que una región cuya principal fuente de ingresos sea el turismo. Por estas razones, Navarra debe estar especialmente preocupada por la pérdida de productividad de la economía española y, sobre todo, debe plantearse muy seriamente qué medidas tomar para solucionarlo.

Reconciliation And Social Action In Cyprus: Citizens’ Inertia And The Protracted State Of Limbo, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper will attempt to chart a normative framework for action for a social politics of reconciliation via a course for citizens’ action across the ethnic divide of Cyprus. It will attempt to consider the context and content of reconciliation in Cyprus at this time and examine the various ‘routes’ to reconciliation, in terms of locating their theoretical, philosophical and ethical points of reference. Whilst ‘reconciliation’ is something that normally takes place after a settlement, the groundwork (conceptual, political and societal) needs to begin whenever the potential is there: the protracted state of limbo that characterises the Cyprus problem as …

Populism, Democracy And Social Citizenship: Discourses On ‘Illegal Migration’ Or Beyond The ‘Fortress’ Versus ‘Cosmopolitanism’ Debate, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper aims to connect articulations of ‘racism’ and ‘populism’ within discursive uses of ‘illegal immigration’ in the context of European-wide processes, which frame migrants as the ‘other’: such view have in fact become hegemonic over the recent years. The aim is to connect discourses of ‘illegal’ immigration to social phenomena, such as racist populism in democratic process and debates regarding social citizenship. The examination of the construction processes of exclusionary citizenship, both at European and at national level, via the discourses of undocumented migrant labour is a process that tends to racialise liberal democracy across Europe. Moreover, this process …

Ecosystem Services And The Public Trust Doctrine: Working Change From Within, J.B. Ruhl

J.B. Ruhl

What to do with the public trust doctrine? Environmental law scholars have been asking that question for going on 40 years, ever since Professor Joseph Sax surmised in his famous law journal article on the topic that of all the concepts known to American law, only the public trust doctrine seems to have the breadth and substantive content which might make it useful as a tool of general application for citizens seeking to develop a comprehensive legal approach to resource management problems. In this Article we briefly survey reasons why his vision has yet to be fulfilled, and we propose …

Russia’S “Uncivil Society”: The Threat, Sources, And Policy Recommendations, Mikhail Koulikov

Mikhail Koulikov

No abstract provided.