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Selected Works

2007

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Articles 211 - 233 of 233

Full-Text Articles in Law

Ip Under Attack? Worldwide Ip Issues In Perspective, Robert Merges Dec 2006

Ip Under Attack? Worldwide Ip Issues In Perspective, Robert Merges

Robert P Merges

No abstract provided.


The Corporate Common Good: The Right And Obligation Of Managers To Do Good To Others, Edward Lyons Dec 2006

The Corporate Common Good: The Right And Obligation Of Managers To Do Good To Others, Edward Lyons

Edward C. Lyons

In this Article we articulate a model of managerial freedom - and even obligation - to engage in philanthropic activity differing in significant respects from that described by Germain Grisez in his influential work of Christian ethics "The Way of the Lord Jesus: Difficult Moral Questions." We argue that Grisez's conception of a corporation as essentially ordered to the economic benefit of its stakeholders unnecessarily restricts a corporate manager's freedom of action. While Grisez denies that bald profit maximization is an appropriate standard for economic activity, it is difficult to avoid the conclusion that he eventually falls back into what …


Missouri Criminal Law: Statutes & Rules Annotated, Charles Cantrell Dec 2006

Missouri Criminal Law: Statutes & Rules Annotated, Charles Cantrell

Charles Cantrell

No abstract provided.


Arbitration Of Discipline In The Public Sector: Case Characteristics And Party Behaviors Predicting Case Outcomes, Helen Lavan Dec 2006

Arbitration Of Discipline In The Public Sector: Case Characteristics And Party Behaviors Predicting Case Outcomes, Helen Lavan

Helen LaVan

No abstract provided.


From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague Dec 2006

From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague

Robert Sprague

No abstract provided.


Bowers V. Hardwick, Vincent Samar Dec 2006

Bowers V. Hardwick, Vincent Samar

Vincent Samar

Bowers v. Hardwick


Lawrence V. Texas, Vincent Samar Dec 2006

Lawrence V. Texas, Vincent Samar

Vincent Samar

Lawrence v. Texas


Alan Gewirth's Self-Fulfillment, Vincent Samar Dec 2006

Alan Gewirth's Self-Fulfillment, Vincent Samar

Vincent Samar

Alan Gewirth's Self-Fulfillment


Are Compliance Systems A House Of Cards?, Lauren Edelman Dec 2006

Are Compliance Systems A House Of Cards?, Lauren Edelman

Lauren Edelman

Presentation


Overlapping Fields And Constructed Legalities: The Endogeneity Of Law, Lauren Edelman Dec 2006

Overlapping Fields And Constructed Legalities: The Endogeneity Of Law, Lauren Edelman

Lauren Edelman

Presentation


Contempt, Counsel And The Right To An Effective Defence: Commentary, Rosemary Rayfuse Dec 2006

Contempt, Counsel And The Right To An Effective Defence: Commentary, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


The Private Securities Litigation Reform Act And The Entrepreneur: Protecting Naïve Issuers From Sophisticated Investors, Robert Sprague, Karen Page Dec 2006

The Private Securities Litigation Reform Act And The Entrepreneur: Protecting Naïve Issuers From Sophisticated Investors, Robert Sprague, Karen Page

Robert Sprague

No abstract provided.


Environmental Law: Policy And Practic, William Tabb, Linda Malone Dec 2006

Environmental Law: Policy And Practic, William Tabb, Linda Malone

William M. Tabb

No abstract provided.


Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom Dec 2006

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom

Robert M. Bloom

No abstract provided.


The Help America Vote Act: Unmet Expectations?, Herb Cihak Dec 2006

The Help America Vote Act: Unmet Expectations?, Herb Cihak

Herbert E. Cihak

No abstract provided.


Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements (Symposium), Harold Krent Dec 2006

Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements (Symposium), Harold Krent

Harold J. Krent

No abstract provided.


Föräldrar I Arbete. En Könskritisk Undersökning Av Småbarnsföräldrars Arbetsrättsliga Ställning (Parents At Work. A Gender-Critical Study On The Position Of Parents Of Young Children In Labour Law) Diss. 448 P., Jenny Julén Votinius Dec 2006

Föräldrar I Arbete. En Könskritisk Undersökning Av Småbarnsföräldrars Arbetsrättsliga Ställning (Parents At Work. A Gender-Critical Study On The Position Of Parents Of Young Children In Labour Law) Diss. 448 P., Jenny Julén Votinius

Jenny Julén Votinius

This dissertation deals with the position of working parents in labour legislation and the protection. The starting point for the thesis is that the rules in labour law concerning employees? parenthood, despite the fairly strongly formulated protection of their rights, in practice have a relatively weak normative position in working life and in labour law. The weakness of the rules on parenthood can be explained as a result of a normative conflict, or incoherence, affecting the judicial sphere, which means that deviating norms and values encroach on the rules about parenthood and weaken their position. The central aim of the …


Reflecting On Negligence Law And The Catholic Experience: Comparing Apples And Elephants, Randy Lee Dec 2006

Reflecting On Negligence Law And The Catholic Experience: Comparing Apples And Elephants, Randy Lee

Randy Lee

No abstract provided.


Aei Brookings Joint Center Working Paper, Vernon L. Smith, William J. Baumol, Robert E. Litan, Martin E. Cave, Peter Cramton, Robert W. Hahn, Thomas W. Hazlett, Paul L. Joskow, Alfred E. Kahn, John W. Mayo, Patrick A. Messerlin, Bruce M. Owen, Robert S. Pindyck, Scott Wallsten, Leonard Waverman, Lawrence J. White, Scott Savage Dec 2006

Aei Brookings Joint Center Working Paper, Vernon L. Smith, William J. Baumol, Robert E. Litan, Martin E. Cave, Peter Cramton, Robert W. Hahn, Thomas W. Hazlett, Paul L. Joskow, Alfred E. Kahn, John W. Mayo, Patrick A. Messerlin, Bruce M. Owen, Robert S. Pindyck, Scott Wallsten, Leonard Waverman, Lawrence J. White, Scott Savage

Richard E. Redding

Network neutrality is a policy proposal that would regulate how network providers manage and price the use of their networks. Congress has introduced several bills on network neutrality. Proposed legislation generally would mandate that Internet service providers exercise no control over the content that flows over their lines and would bar providers from charging more for preferentially faster access to the Internet. These proposals must be considered carefully in light of the underlying economics. Our basic concern is that most proposals aimed at implementing net neutrality are likely to do more harm than good.


Constitutional Dignity: Lessons From Home And Abroad, Erin Daly Dec 2006

Constitutional Dignity: Lessons From Home And Abroad, Erin Daly

Erin Daly

The American Supreme Court has long recognized the dignity of states, especially in the recent spate of tenth and eleventh amendment cases. Yet, it has never fully embraced the concept of human dignity as part of its individual rights jurisprudence (though individual justices have done so). By contrast, courts around the world have increasingly recognized human dignity as an important, if not predominant, constitutional right. This article argues that both the American Supreme Court state sovereignty cases and the foreign human dignity cases evince an understanding of human dignity that is rooted in the idea of autonomy and self-determination. Defined …


Originalism & Early Civil Search Statutes: The Misunderstood History Of Suspicion & Probable Cause, Fabio Arcila, Jr. Dec 2006

Originalism & Early Civil Search Statutes: The Misunderstood History Of Suspicion & Probable Cause, Fabio Arcila, Jr.

Fabio Arcila Jr.

Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated. What attention has been paid, primarily as part of what I term the “conventional account,” has it that the Framers were divided about how accessible search remedies should be. This article explains why this conventional account is mostly wrong, and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law.

In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the …


The Iran – U.S. Claims Tribunal And Investment Arbitration: Understanding The Claims Settlement Declaration As A Retrospective Bit, David D. Caron Dec 2006

The Iran – U.S. Claims Tribunal And Investment Arbitration: Understanding The Claims Settlement Declaration As A Retrospective Bit, David D. Caron

David D. Caron

This article seeks to understand the relevance of the many decisions of the Iran – United States Claims Tribunal for contemporary investor state arbitration by probing the similarities of the constitutive instruments involved if the Iran – U.S. Claims Settlement Declaration is viewed as a retrospective bilateral investment treaty. On the basis of this characterization, criteria are identified to assist in understanding which decisions should be viewed as addressing analogous issues.


Judicial Approaches To Dealing With Constitutional Limitations Surrounding Ecosystem-Based Management: Can Rapanos Offer Guidance By, Chad J. Mcguire Dec 2006

Judicial Approaches To Dealing With Constitutional Limitations Surrounding Ecosystem-Based Management: Can Rapanos Offer Guidance By, Chad J. Mcguire

Chad J McGuire

Ecosystem-based management is becoming a more prevalent in federal legislative and executive mandates. Still, there are constitutional limitations to applying such measures, especially regarding federal control of certain intrastate water resources. Recent U.S. Supreme Court precedent may suggest a willingness to allow ecosystem-based principles as a foundation to support greater federal control. This paper looks at one recent U.S. Supreme Court decision to determine how far ecosystem-based principles might apply to federal control over intrastate bodies of water.