Law Commons^™

The New Basel Capital Accord: Making It Effective With Stronger Market Discipline, Harald Benink, Clas Wihlborg

Business Faculty Articles and Research

In January 2001 the Basel Committee on Banking Supervision proposed a new capital adequacy framework to respond to deficiencies in the 1988 Capital Accord on credit risk. The main elements or ‘pillars’ of the proposal are capital requirements based on the internal risk-ratings of individual banks, expanded and active supervision, and information disclosure requirements to enhance market discipline. We discuss the incentive effects of the proposed regulation. In particular, we argue that it provides incentives for banks to develop new ways to evade the intended consequences of the proposed regulation. Supervision alone cannot prevent banks from ‘gaming and manipulation’ of …

Trade And Poverty In The Poor Countries, Jagdish N. Bhagwati, T.N. Srinivasan

Faculty Scholarship

While freer trade, or “openness” in trade, is now widely regarded as economically benign, in the sense that it increases the size of the pie, the recent anti-globalization critics have suggested that it is socially malign on several dimensions, among them the question of poverty.

Their contention is that trade accentuates, not ameliorates, and that it deepens, not diminishes, poverty in both the rich and the poor countries. The theoretical and empirical analysis of the impact of freer trade on poverty in the rich and in the poor countries is not symmetric, of course. We focus here only on the …

Trust And Betrayal In The Medical Marketplace, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author argues in this Comment that disingenuity as first resort is an unwise approach to the conflict between our ex ante and our later, illness-endangered selves. Not only does rationing by tacit deceit raise a host of moral problems, it will not work, over the long haul, because markets reward deceit's unmasking. The honesty about clinical limit-setting that some bioethicists urge may not be fully within our reach. But more candor is possible than we now achieve, and the more conscious we are about decisions to impose limits, the more inclined we will be to accept them without experiencing …

The War On Terrorism And The End Of Human Rights, David Luban

Georgetown Law Faculty Publications and Other Works

In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …

The Relationship Between Sex Role Stereotypes, Domestic Violence Training, History Of Law Enforcement Involvement, And Law Enforcement Officer's Perceptions Of A Domestic Violence Incident, Kristen M. Schuch

Masters Theses

This study examined how police officers perceptions of a domestic violence situation are influenced by sex role stereotypes, domestic violence training and history of police intervention. Participants were police officers employed in sheriff's departments or city police departments. Officers received several surveys and a vignette describing a domestic violence scene. Officers were given one of two vignettes, one describing a situation in which there have been previous calls to the address and one in which this is the first call and were then asked several questions to assess their perceptions. Sex role stereotypes were assessed using the Sex Role Egalitarianism …

Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu

Research Collection Yong Pung How School Of Law

The experience of Chinese Taipei shows that opening up a previously protected market to new entrants can be a more effective and reliable way to enhance competition than regulating the behavior of dominant or monopolistic firms. Moreover, when opening up the market, the liberalizing measures adopted by government should be market-structure-neutral. That is, it should not try to dictate the direction and results of market competition. A more pressure-resistant mechanism should be designed to deal with market power, taking the form of a regime that is cross-sector, independent and collective in its decision-making, such as has been the case with …

Policing Guns And Youth Violence, Jeffrey A. Fagan

Faculty Scholarship

To combat the epidemic of youth gun violence in the 1980s and 1990s, law enforcement agencies across the United States adopted a variety of innovative strategies. This article presents case studies of eight cities' efforts to police gun crime. Some cities emphasized police-citizen partnerships to address youth violence, whereas others focused on aggressive enforcement against youth suspected of even minor criminal activity. Still others attempted to change youth behavior through "soft" strategies built on alternatives to arrest. Finally, some cities used a combination of approaches. Key findings discussed in this article include:

• Law enforcement agencies that emphasized police-citizen cooperation benefited …

Book Review. Teaching Legal Research And Providing Access To Electronic Resources (Gary L. Hill, Et. Al., Eds.), Peter A. Hook

Articles by Maurer Faculty

No abstract provided.

Natural Law And Public Reasons, Kent Greenawalt

Faculty Scholarship

In this Lecture I shall discuss the reasons that officials and citizens should rely upon in American politics. In recent years, various theorists have claimed that people in liberal democracies should rely in politics on "public reasons," reasons that are accessible to all citizens. Others have objected that such a counsel is unreasonable, if not incomprehensible. I shall concentrate on two facets of this issue. First, does the law exemplify a structure of public reasons – that is, do judges deciding cases draw on a stock of public reasons that is narrower than all the reasons one might give for …

Rates Of Reversible Error And The Risk Of Wrongful Execution, James S. Liebman

Faculty Scholarship

Innocent fatalities are a concern of all social activity with a capacity to kill. This is especially true when the social activity is the death penalty since an innocent person's execution is not simply a tragic collateral consequence of activity with a non-fatal objective. Instead, the taking of life is the goal of the enterprise, and the killing is the intended act of the state.

There is another difference between accidental fatalities in other social activities and those that occur when the capital system miscarries. Typically, the former fatalities are easy to spot and quantify; the latter are not. Precisely …

Comments On The Symposium: Expanding Research Opportunities On The Federal Criminal Justice System, Daniel C. Richman

Faculty Scholarship

A full understanding of how the federal enforcement bureaucracy will elude us without a rich understanding of what makes prosecutors (or agents) tick. However, I suspect that the best way to reach that goal is not to start with this ultimate question. After all, to look closer to home, what do professors “maximize” when they grade papers? Progress is much more likely to be made if we follow Jim Eisenstein and focus on, first, identifying the most salient features of the bureaucratic environment, and, second, getting a handle on their relative influences.

Black Internationalism: Embracing An Economic Paradigm, Jeffery M. Brown

Journal Publications

The seemingly inexorable march toward a more unified political and economic world order poses strategic and leadership challenges to States, international organizations, and local activists unimaginable a generation ago. Supporters of this process argue that easing international economic regulatory restrictions, creating a more predictable legal order, and liberalizing investment standards will benefit the global economy by rendering financial transactions more efficient, thereby increasing trade and investment opportunities. Globalization poses important conceptual challenges to international law and international trade scholars committed to defending local interests and historically marginalized people against the perceived adverse effects of accelerated global economic expansion. Critics argue …

Creating An Online Tutorial And Pathfinder, Peter A. Hook

Articles by Maurer Faculty

Mr Hook explores the educational potential of Web-based tutorials and pathfinders. He discusses how the multimedia environment can effectively reach a broad range of learner types, explaining how the disciplines of infor- mation architecture and information visualization can contribute to designing a successful tutorial and pathfinder.

Musical Production, Copyright And The Private Ownership Of Culture, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Gender And Rock Criticism, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

The History And Politics Of Hip-Hop Journalism, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Equity And Efficiency In Markets For Ideas, Richard Adelstein

Richard Adelstein

Intellectual property and patent protection in light of the AIDS crisis in Africa.

Intellectual Property Law, Freedom Of Expression And The Internet, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

From The Ronettes To The Ramones: An Uncool History Of Punk, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Rocking With The Noise Boys: Gender, Discourse And Rock Criticism, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Scholar Or Baller In American Higher Education? A Visual Elicitation And Qualitative Assessment Of The Studentathlete's Mindset, Keith Harrison

Dr. C. Keith Harrison

Eminent scholar Harry Edwards (2000) has articulated three major realities of African American males in sports: a) The presumption of innate, race-linked black athletic superiority and intellectual deficiency; b) media propaganda portraying sports as a broadly accessible route to African American social and economic mobility; and c) a lack of comparably visible, high-prestige African American role models beyond the sports arena. Driven by labeling theory (Becker, 1963; Goffman, 1959), eight African American male student athletes were surveyed and interviewed. The last two points of Edwards' scholarship were investigated. "We have pretty good historical data and quantitative data about African American …

African American Racial Identity And Sport, Keith Harrison

Dr. C. Keith Harrison

The purpose of this paper is to attempt to synthesize and apply African American racial identity theory and related research to the development of sport and physical activity patterns and preferences in African American youth. Historically the African American over-representation in particular sports phenomena has been examined genetically, anthropocentrically, physiologically, sociologically, and psychologically. The profusion of explanations is a testimony to the complexity of this phenomena. This manuscript provides yet another compelling perspective. Cross [(1995) The psychology of Nigrescence: revising the Cross Model, in: J.G. PONTEROTTO et al. (Eds) Handbook of Multicultural Counseling (Thousand Oaks, CA, Sage)] outlines the metamorphic …

Who Can A Baller Trust? Analyzing Public University Response To Alleged Student-Athlete Misconduct In A Commercial And Confusing Environment, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

James Heckman As A Law & Society Scholar: An Outsider’S Appreciation, Peter Siegelman

Peter Siegelman

No abstract provided.

September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer

Nancy J. Knauer

The September 11 relief efforts present a unique prism through which to view the status of same-sex relationships and to consider which families count when the United States is supposedly at its most generous, most united, and most injured. On a basic human level, would the nation grieve for Peggy Neff, who lost her partner of 18 years when Flight 77 crashed into the Pentagon, as it had for the widow of a fire fighter? Would Neff be eligible to file a claim with the multi-billion dollar federal September 11 Victim Compensation Fund, which Congress established to compensate victims and …

Legal Theory And The Rule Of Law, Noel B. Reynolds

Noel B Reynolds

In "Legal Theory and the Rule of Law" Noel Reynolds maintains that the rule of law can be understood as a set of conditions that rational actors would impose on any authority they would create to act in their stead in creating and administering legally binding rules. The authority and obligation associated with law derive from this fundamental convention, and the principles of the rule of law are the conditions of that agreement, which become thereby governing principles to which legislatures, judges, and enforcement agencies can be held in their official actions. These generally recognized standards are inherent in this …

Book (Oup): On Law, Politics, And Judicialization: Path Dependence, Precedent, And Judicial Power, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Constitutional Courts And Parliamentary Democracy (Special Issue On Delegation), Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Stopping Above-Cost Predatory Pricing, Aaron S. Edlin

Aaron Edlin

3. Coming To Grips With Children’S Suggestibility., Karen J. Saywitz, Thomas D. Lyon

Thomas D. Lyon