Law Commons^™

Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

An Equal Opportunity Luncheon on Wednesday, October 29, 2008 at the Hyatt Regency Jacksonville Riverfront.

Ua12/2/1 College Heights Herald, Vol. 84, No. 16, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Paul, Corey. Fights & Frenzy
• Day, Michelle. Gunfire Unconfirmed, Investigation Continues
• Hale, Marianne. Campus, Community Voice Concerns
• Timeline of Events
• Slitz, Alex. A Thousand Words – Charus Changchit
• Howerton, Christina. Enrollment Increases 2.6 Percent
• Howerton, Christina. Task Force Explores Ways to Make College Cost Less
• Gadbois, Chris. Rudeness Isn’t an Issue with Shuttle Drivers
• Bonneau-Kaya, Chrystal. Objectification of Women is Dehumanizing, Wrong
• Schwab, Edmond. Learn the Background of the Financial Troubles
• Bybee, Sarah. Please Slow Down and Watch Out for Pedestrians
• Cawthorn, Shawna. Poor Football …

Torts And Innovation, Gideon Parchomovsky, Alex Stein

All Faculty Scholarship

This Essay exposes and analyzes a hitherto overlooked cost of the current design of tort law: its adverse effect on innovation. Tort liability for negligence, defective products, and medical malpractice is determined by reference to custom. We demonstrate that courts’ reliance on custom and conventional technologies as the benchmark of liability chills innovation and distorts its path. Specifically, the recourse to custom taxes innovators and subsidizes replicators of conventional technologies. We explore the causes and consequences of this phenomenon and propose two possible ways to modify tort law in order to make it more welcoming to innovation.

Schumpeterian Competition And Antitrust, Herbert J. Hovenkamp

All Faculty Scholarship

Joseph Schumpeter's vision of competition saw it as a destructive process in which effort, assets and fortunes were continuously destroyed by innovation. One possible implication is that antitrust's attention on short-run price and output issues is myopic: what seems at first glance to be a monopolistic exclusionary practice might really be an innovative enterprise with enormous payoffs in the long run. While this may be the case, three qualifications are critical. First, one must not confuse the prospect of innovation with the scope of the intellectual property laws; their excesses and special interest capture cast serious doubt on the proposition …

Jackson, Andrew, 1767-1845 (Sc 1768), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 1768. Letter, 26 April 1825, from Andrew Jackson, Nashville, Tennessee to A. P. Maury, also of Nashville, in which he declines to act as guardian for the children of the late Major John Reid owing to ill health and increased responsibilities.

Press Release: Rodney Hurst "It Was Never About A Hot Dog And A Coke", Ron Miller

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A press release about Rodney Hurst's book "It was never about a hot dog and a coke." In addition, it advertises the Amelia Island Book Festival on October 2-4, 2008.

Restoring The Right To Organize: Impacts Of The Employee Free Choice Act, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

There has been growing controversy over a proposed new labor relations law called the Employee Free Choice Act (EFCA), also known as the “card check” bill. This briefing paper provides an overview of the Employee Free Choice Act, its context and rationale, and its implications for both workers’ abilities to organize and democratic rights in the workplace.

No. 6 - 30th Anniversary Issue, Henry Kissinger, James Baker, Warren Christopher, Madeleine Albright, Colin Powell, Lee Hamilton, Daniel R. Fung, Diana Wallis

Occasional Papers Series

With this issue of the Occasional Papers, we celebrate the 30th anniversary of the founding of the Dean Rusk Center, which bears the name of the late School of Law faculty member who served as secretary of state under Presidents John F. Kennedy and Lyndon B. Johnson from 1961 until 1969.

Our purpose in hosting the conference and lectures published in this volume was to provide a forum for developing the comprehensive new focus necessary to met the American foreign policy demands of the 21st century. In so doing, it is our intent that the advice and counsel of the …

Contract Management: A P.A. Education For Boundary Managers., M. Ernita Joaquin

Public Policy and Leadership Faculty Publications

Graduates of public administration programs might reasonably be expected to accurately spell out, even in their sleep, POSDCoRB. After all, it was Luther Gulick's rock-hewn formulation of the skills involved in public administration, circa 1937. Almost seven decades later, in their book Governing by Network, Stephen Goldsmith and William Eggers called for a
cultural transformation in the way we build capacity in the public sector, and, as I see it, crafting a new POSDCoRB for our time.

Baselines Newsletter, No. 3, Fall 2008, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Copyright And Permissions: Sometimes They're The Same, Kopana Terry

Library Presentations

No abstract provided.

Negotiating Democracy In Brazil: The Politics Of Exclusion, Bernd Reiter

Government and International Affairs Faculty Publications

Do societal inequalities limit the effectiveness of democratic regimes? And if so, why? And how? Addressing this question, Bernd Reiter focuses on the role of societal dynamics in undermining democracy in Brazil. Reiter explores the ways in which race, class, and gender in Brazil structure a society that is deeply divided between the included and the excluded—and where much of the population falls into the latter category. Tracing the mechanisms of the profound cultural resistance to genuine democratization that he finds dominant among the elite, his theoretically and empirically rich analysis offers an alternative way of understanding both the nature …

Evaluating The Social Effects Of Environmental Leadership Programs, Jonathan C. Borck, Cary Coglianese, Jennifer Nash

All Faculty Scholarship

In the past decade, EPA and over 20 states have created voluntary environmental leadership programs designed to recognize and reward businesses that take steps that go beyond compliance with the strictures of environmental law. Environmental leadership programs seek not only to spur direct improvements to environment quality but also to advance broader social goals that may lead indirectly to environmental improvements, such as improving business-government relationships and changing business culture. Measuring progress toward leadership programs’ social goals is a particularly challenging but essential task if researchers and decision makers are to understand the full impacts of these programs. In this …

Interest And Action: Findings From A Survey Of Asian American Attitudes On Immigrants, Immigration, And Activism, Michael Liu, Shauna Lo, Paul Watanabe

Institute for Asian American Studies Publications

This report presents results from a survey of 412 Chinese and Vietnamese in the Boston area about attention paid to immigration issues, views on the impact of immigrants and on immigration policies, and likeliness to engage in political activities around immigration rights.

Data Note: Wia Employment Outcomes And Trends, Monica Cox, Frank A. Smith

Data Note Series, Institute for Community Inclusion

This data note focuses on employment outcomes for individuals served by the One-Stop system through the Workforce Investment Act (WIA) Adult funding stream. Outcomes data include the rate of WIA customers entering employment and their employment retention rate. This data note compares outcomes among adults with reported disabilities to those without reported disabilities.

The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol

UF Law Faculty Publications

In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship.

Cognizant of, and notwithstanding such limitations, this …

A Comparative Account Of Statutory Interpretation In Singapore, Yihan Goh

Research Collection Yong Pung How School Of Law

In 1993, the Singapore Parliament enacted legislative provisions adapted from Australian legislation directing, inter alia, that the courts apply the purposive approach in statutory interpretation. Those provisions also allowed for the extended use of extrinsic materials in the interpretative process. Fifteen years on, there is now a considerable body of Singapore case law to which a meaningful analysis may be undertaken. Indeed, from an initially cautious application of the enacted legislation, the courts began to read the enactments expansively, eventually providing for a statutory interpretation regime that is largely free of the confines of old. Nonetheless, the Singapore position does …

The Changes And Non-Changes Of China's Rural Land, Qian Forrest Zhang, John A. Donaldson

Research Collection School of Social Sciences

No abstract provided.

Section 2: 2008 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Likely Impact Of Mandated Paid Sick And Family-Care Leave On The Economy And Economic Development Prospects Of The State Of Ohio, Edward W. Hill, Spence Christopher, Daila Shimek, Ziona Austrian

All Maxine Goodman Levin School of Urban Affairs Publications

This report analyzes the potential impact of a proposed paid sick and family care leave legislation on the economy of the state of Ohio, the economic development prospects of the state and on the management of production processes that depend on highly integrate teams. The report also reviews the literature on the effect of mandated paid sick and family care leave on the industrial relations system—workplace performance and worker retention. Our analysis concludes that there would have been a net cost associated with the paid sick leave and family-care initiative proposed in Ohio with a lower bound estimate of $63.84 …

Changing The Paradigm Of Stock Ownership From Concentrated Towards Dispersed Ownership? Evidence From Brazil And Consequences For Emerging Countries, Erica Gorga

Cornell Law Faculty Working Papers

This paper analyzes micro-level dynamics of changes in ownership structures. It investigates a unique event: changes in ownership patterns currently taking place in Brazil. It builds upon empirical evidence to advance theoretical understanding of how and why concentrated ownership structures can change towards dispersed ownership.

Commentators argue that the Brazilian capital markets are finally taking off. The number of listed companies and IPOs in the Sao Paulo Stock Exchange (Bovespa) has greatly increased. Firms are migrating to Bovespa’s special listing segments, which require higher standards of corporate governance. Companies have sold control in the market, and the stock market has …

Bluebook, Citations, And All That Jazz, Frederick W. Dingledy

Library Staff Publications

No abstract provided.

Commonwealth Of Kentucky V. William P. King, Et Al. (Sc 1744), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 1744. Record of trial held in Simpson County, Kentucky of William P. King, Charles Smith, Abraham Owen and seven others for the murder of Harvey King. Defendants and victim had all participated in a previous train robbery. Also includes a photocopy of The Life of King and Owen, Written by Themselves, Revised and Prepared by Rev. L. M. Horn, Explaining the Railroad Robbery and Murder of Harvey King (Louisville, Ky., 1867); and “‘A High Handed Outrage:’ The King & Owens Railroad Robbery of 1866,” a paper written …

Young People On Remand, Mairéad Seymour, Michelle Butler

Reports

The aim of this study is to examine the services and supports required by young people to promote greater compliance with the conditions of bail and reduce the use of detention on remand. The research addresses three main areas: • to establish the service and support needs of young people by investigating the circumstances of their life circumstances; • to examine the specific services and supports required by young people and their families during the remand process, in the courtroom and in the period between adjournments; • to address the issues and barriers to delivering services and supports to young …

Is American Health Care Uniquely Inefficient?, Alan M. Garber, Jonathan Skinner

Dartmouth Scholarship

No abstract provided.

The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

Two fundamental principles relating to party autonomy developed in the recent history of the conflict of laws. Despite initial reservations, the law today takes for granted that the parties’ agreement is nearly conclusive in respect of both their choice of litigation forum and their choice of the law governing the contractual relationship. Meanwhile, the law of obligations – in tort, restitution and equity – has grown apace; disputes between contracting parties today are rarely confined to pure contractual issues. Can contracting parties choose the law to govern non-contractual disputes in cross-border litigation? In the absence of such choice, to what …

Network Neutrality, Consumers, And Innovation, Christopher S. Yoo

All Faculty Scholarship

In this Article, Professor Christopher Yoo directly engages claims that mandating network neutrality is essential to protect consumers and to promote innovation on the Internet. It begins by analyzing the forces that are placing pressure on the basic network architecture to evolve, such as the emergence of Internet video and peer-to-peer architectures and the increasing heterogeneity in business relationships and transmission technologies. It then draws on the insights of demand-side price discrimination (such as Ramsey pricing) and the two-sided markets, as well as the economics of product differentiation and congestion, to show how deviating from network neutrality can benefit consumers, …

International Competitiveness, Tax Incentives, And A New Argument For Tax Sparing: Preventing Double Taxation By Crediting Implicit Taxes, Michael S. Knoll

All Faculty Scholarship

Tax sparing occurs when a country with a worldwide tax system grants its citizens foreign tax credits for the taxes that they would have paid on income earned abroad, but that escapes taxation by virtue of foreign tax incentives. The supporters of tax sparing argue that it is a form of foreign aid, an obligation owed to developing countries, and a legitimate means of improving the competitiveness of resident investors. Tax sparing, however, has long been opposed by the United States on the grounds that it is an expensive and problematic concession to developing countries, inconsistent with basic and fundamental …

Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur

All Faculty Scholarship

This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …

Going Beyond Google: Researching News Online, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.