Law Commons^™

A Fact Book On Proposition 2 1/2, Padraig O'Malley

Padraig O'Malley

In this age of inflation many tax reduction plans have been proposed throughout the nation. This November Massachusetts voters will vote on Proposition 2 1/2 - a tax reduction proposal sponsored by a coalition of citizens. This booklet describes the costs and benefits of Proposition 2 1/2 in an objective way, so that you can make an informed decision when you cast your vote. The University of Massachusetts' Center for Studies in Policy and the Public Interest and the Massachusetts Cooperative Extension Service believe that when you have access to unbiased information you will make better decisions and participate more …

Cable Television In Massachusetts, Padraig O'Malley

Padraig O'Malley

Today the electromagnetic spectrum is crowded with signal traffic used for just about every conceivable communications purpose, ranging from standard navigational time signals at the Very Low Frequency band to satellite communications at the Superhigh Frequency band. Between these two frequency extremes there are five other frequency bands — Low Frequency, Medium Frequency, High Frequency, Very High Frequency, and Ultra High Frequency — each of which can accommodate only a limited number of uses, and each of which is better suited for some uses than for others. Because the spectrum was, like oil, once believed to be in almost unlimited …

The Massachusetts Fiscal System: Structure And Performance, Padraig O'Malley, Raymond G. Torto

Padraig O'Malley

On November 4, 1980 the citizens of Massachusetts, by a vote of 59% to 41%, resoundingly endorsed a tax reduction plan known as Proposition 2 1/2. All communities in the Commonwealth were faced with an immediate reduction in their local revenues due to the immediate cut in the excise tax that Proposition 2 1/2 called for, and up to 130 communities will have to implement a 15% reduction in their tax levies for FY 1982. Already there are protestations from many local officials that they cannot make the required tax cuts without severely reducing the level of local services. The …

Sentencing Guidelines And Prison Population Grouth, Thomas B. Marvell

thomas b marvell

No abstract provided.

Interfaces Between Csr, Corporate Law And The Problem Of Social Costs, Benedict Sheehy

Benedict Sheehy

Abstract: CSR is an increasingly seen as the preferred approach to addressing the social impacts of industrial production. These social impacts, however, come in the first instance from production and not the corporation. The legal corporation facilitates social costs secondarily. Much of the thinking about CSR fails to adequately take account of the systemic nature of social costs, the legal nature of the corporation and social costs and the so the systemic failure of law to deal with them. This article addresses the interface between the three concepts and related issues of CSR, social costs and corporate law.

Stop Terry : Reasonable Suspicion, Race, And A Proposal To Limit Terry Stops, Renée M. Hutchins

Renée M. Hutchins

The Terry doctrine, which grants a police officer the authority to stop and frisk based on his or her reasonable suspicion rather than probable cause, was created by the Supreme Court at a time when the nation con- fronted a particular moment of violent racial strife. Since Terry was decided, the Supreme Court has continued to expand the reach of the doctrine—which opened the door for potential abuse. Existing data is increasingly proving that the loosening of constitutional standards is causing substantial harms to people of color nationwide. This article joins the existing scholarly discussion surrounding this decision to suggest …

The Hidden Ball Trick: How Major League Baseball Endured Through Its Tumultuous Labor History, Derek Carrillo

DEREK CARRILLO

No abstract provided.

"Authoritarian Constitution Making: The Role Of The Military In Latin America", Gabriel L. Negretto

Gabriel L. Negretto

During the twentieth century, military dictatorships produced the largest number of authoritarian constitutions in Latin America. Why would military rulers invest time and resources in drafting constitutions? I argue that military leaders engage in constitution making to introduce more effective transformations of the political order during their rule and to have influence over the functioning of democracy after leaving power. However, in order to achieve all these goals, military dictators must be able to mobilize popular and partisan support for the authoritarian regime. Since this condition is rarely met, military rulers often fail in their constitution making strategy. I provide …

The Homo [Not So] Economicus And The Law: A Critique Of Positive Theory Of Rational Choice In The Law [En Español], Daniel A. Monroy

Daniel A Monroy C

From the Behavioral Economics point of view, this paper presents a critic to one dimension of rational choice theory that is widely accepted by Law and Economics scholars. Our hypothesis is that (i) individuals deviate anomalously but predictably of normative assumption of rational choice. We suggests that, (ii) more than –unbounded– rational self interested individuals, in certain contexts, people tend to deviate from this normative behavior and also, tend to judge the behavior of other people, according to the consistency of these behaviors with a hypothetical situation commonly referred to as the "reference transaction".

Desde la perspectiva del Behavioral Economics, …

33. Disclosing Adult Wrongdoing: Maltreated And Non-Maltreated Children’S Expectations And Preferences., Lindsay C. Malloy, Jodi A. Quas, Thomas D. Lyon, Elizabeth C. Ahern

Thomas D. Lyon

The Evolution Of Intellectual Property Protections In The People’S Republic Of China: Is There An Enforcement Problem?, William Mcguire, Michael Wotherspoon

William McGuire

No abstract provided.

Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb

Gretchen Rae Beach

Marshall University’s IR team will discuss the creation, progress, and benefits of the Marshall Digital Scholar, an online institutional repository. There will be time for libraries, large and small, to ask questions about digital collecting and digital projects.

Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret

Monica Brooks

Copyright Primer: demystifying the law and best practices for librarians. Ignorance of the law is no longer acceptable and individuals can now be assessed astronomically high statutory damages per infringement. Join us for a frank and informative discussion regarding current copyright law and application in your library when working with digital publisher content. We don’t pretend to have all the answers but our team will share our MDS workflow for securing permissions for inclusion in the institutional repository for public access

Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb

Monica Brooks

Marshall University’s IR team will discuss the creation, progress, and benefits of the Marshall Digital Scholar, an online institutional repository. There will be time for libraries, large and small, to ask questions about digital collecting and digital projects.

Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb

Thomas Walker

Marshall University’s IR team will discuss the creation, progress, and benefits of the Marshall Digital Scholar, an online institutional repository. There will be time for libraries, large and small, to ask questions about digital collecting and digital projects.

Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret

Paris Webb

Copyright Primer: demystifying the law and best practices for librarians. Ignorance of the law is no longer acceptable and individuals can now be assessed astronomically high statutory damages per infringement. Join us for a frank and informative discussion regarding current copyright law and application in your library when working with digital publisher content. We don’t pretend to have all the answers but our team will share our MDS workflow for securing permissions for inclusion in the institutional repository for public access

Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb

Nat DeBruin

Marshall University’s IR team will discuss the creation, progress, and benefits of the Marshall Digital Scholar, an online institutional repository. There will be time for libraries, large and small, to ask questions about digital collecting and digital projects.

Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb

Paris Webb

Marshall University’s IR team will discuss the creation, progress, and benefits of the Marshall Digital Scholar, an online institutional repository. There will be time for libraries, large and small, to ask questions about digital collecting and digital projects.

Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret

Jingping Zhang

Copyright Primer: demystifying the law and best practices for librarians. Ignorance of the law is no longer acceptable and individuals can now be assessed astronomically high statutory damages per infringement. Join us for a frank and informative discussion regarding current copyright law and application in your library when working with digital publisher content. We don’t pretend to have all the answers but our team will share our MDS workflow for securing permissions for inclusion in the institutional repository for public access

Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb

Jingping Zhang

Marshall University’s IR team will discuss the creation, progress, and benefits of the Marshall Digital Scholar, an online institutional repository. There will be time for libraries, large and small, to ask questions about digital collecting and digital projects.

Stop And Frisk (A Case Study In Judicial Control Of The Police), Herman Schwartz

Herman Schwartz

No abstract provided.

Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas Spencer, Abby Wood

Douglas M. Spencer

What effect has Citizens United v. FEC had on independent spending in American politics? Previous attempts to answer this question have focused solely on federal elections where there is no baseline for comparing changes in spending behavior. We overcome this limitation by examining the effects of Citizens United as a natural experiment on the states. Before Citizens United about half of the states banned corporate independent expenditures and thus were “treated” by the Supreme Court’s decision, which invalidated these state laws. We rely on recently released state-level data to compare spending in “treated” states to spending in the “control” states …

The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla

Mary Ellen O'Connell

International law does not permit the use of military force against Iran to attempt to end its nuclear program. The resort to military force in international relations is covered first and foremost by Article 2(4) of the United Nations Charter. Article 2(4) is a general prohibition on resort to force that includes resort to military force for arms control, including nuclear weapons control. The Charter has two express but limited exceptions to the ban on military force. A state that is the victim of a significant armed attack may use force in necessary and proportional self-defense; the United Nations Security …

Table Annexed To Article: Counting Words In The Federalist, Peter Aschenbrenner

Peter J. Aschenbrenner

Word counts for each of the eighty-five articles published by Publius, the (collective) pseudonym of John Jay, Alexander Hamilton and James Madison, are surveyed. The 189,497 words are also broken down by author. The effort is ancillary to a project fixing the semantic values of ‘constitution’, ‘federal’ and ‘republic’ throughout the Early Republic (=1787 through 1857).

Help From Above: The Role Of International Law In Facilitating The Use Of Outer Space For Disaster Management, Brian R. Israel

Brian R Israel

This chapter explores the role of international law as well as non-legal mechanisms in enabling the use of outer space for valuable new disaster management applications. This overall challenge is addressed in three phases, ranging from the collective action problems arising from the use of space in general, to sovereignty-based objections to observing the Earth from space, to the complex coordination challenges of harnessing existing space systems for disaster applications. One mechanism in particular, the legally non-binding International Charter for Space and Major Disasters, serves as a remarkable case study in international cooperation because of the speed with which it …

The Construction Of Morals, Daniel L. Chen, Susan Yeh

Susan Yeh

When do policies generate expressive or backlash effects? Recent economic models suggest that where a proscribed activity is prevalent, permissive laws liberalize attitudes toward partakers while increasing utility. The opposite occurs in communities where the proscribed activity is rare. To test these predictions, we randomize data entry workers to transcribe newspaper summaries of liberal or conservative court decisions about obscenity. We find that liberal obscenity decisions liberalize individual and perceived community standards and increase utility. Yet religious workers become more conservative in their values, identify as more Republican, view community standards as becoming more liberal, and report lower utility. Workers …

Public Reason As Higher Law, Gordon D. Ballingrud

Gordon D Ballingrud

This paper presents a model of higher-law formation by employing a modified version of John Rawls’ idea of public reason. The model specifies a theory of public reason that combines the procedural and substantive aspects of public reason, and extends the concept over a third dimension, time. This concept, by virtue of its multi-generational democratic pedigree, forms a repository of political and legal concepts of justice that conform to the duty of civility, and the broad consensus on political and legal norms required of the content of public reason, which forms the overlapping consensus. Thus, public reason as higher law …

Barreras A La Competencia Y Libre Concurrencia E Insumos Esenciales, Carlos Mena-Labarthe

Carlos Mena-Labarthe

En la Constitución Mexicana y la Ley Federal de Competencia Económica se establecen facultades para que la autoridad de competencia elimine barreras y regule insumos.

Las investigaciones de mercado son una herramienta adicional que permite obtener una perspectiva integral de los mercados para la corrección de fallas conductuales y estructurales.

Se trata de un procedimiento muy riguroso con plazos establecidos para su ejecución.

Las investigaciones de mercado han resultado exitosas en otras jurisdicciones con una sólida tradición en competencia económica.

The Unc Law Library's Redaction Of Its Digitized Collection Of North Carolina Supreme Court Briefs: A Case Study, Nicole Downing

AALL/LexisNexis Call for Papers

This study evaluates the digital redaction process as undertaken by the University of North Carolina Kathrine R. Everett Law Library as part of digitizing their collection of North Carolina Supreme Court briefs. New privacy concerns are raised by digitizing court documents and making them available online. Libraries have an interest in digitizing their print collections of court documents for public access on the Internet, but have received no clear guidance on how to proceed in the face of legal concerns. The purpose of this research is to inform libraries of the legal, ethical, and practical situation surrounding redaction of digitized …

Between Politics And Science: The Dilemma Of Reason, Roozbeh (Rudy) B. Baker, Zoran S. Nikolić

Roozbeh (Rudy) B. Baker

Curiosity, our deepest inner intellectual need and concern brought about what we today call science. This Article will try to address the problem of the interrelation between politics and science. There is no need to discuss which of the two came first, but rather the real question is to what extent can science influence the political process? Can it help proper decision-making and, if it can, to what extent? Decision-making is most often prefixed with the term political. Can the intellectual class representing the world of science have an influence on political decision-making? As C. Wright Mills rightly noticed, if …