Law Commons^™

Retribution's Role, John Bronsteen

John Bronsteen

For many decades, criminal law scholars have directed their efforts at finding a philosophical justification of criminal punishment. This endeavor has created a split between retributivists (who deem punishment justified by the wrongdoing of the offender) and utilitarians (who deem it justified by its good consequences such as deterring future crime). This Article suggests that the dialogue between retributivists and utilitarians would profit from a change in the way they frame the central question of what justifies punishment. Specifically, the question could be divided as follows. First, why does the state have a right to punish? And second, why does …

The Fortunes & Foibles Of Exchange-Traded Funds, William A. Birdthistle

William Birdthistle

One of the most dynamic and complex new investment vehicles on the market today is the exchange-traded fund, a security that provides the diversification of a mutual fund but trades on an exchange like a stock. In just over a decade, the number of ETFs has proliferated to well over 500, attracting almost half a trillion dollars in investment. Most of that growth has occurred in just the past two years, and ETFs are projected to continue growing at a pace far faster than hedge funds and mutual funds in the coming years. Yet for all this extraordinary growth, legal …

The Geneva Conventions And The War On Terror: International Legal Reform As A Viable Solution, Joel D. Rohlf

Joel D Rohlf

The piece attempts to apply the Geneva Conventions to detainees in the "war on terror." It then examines the problems associated with the application of the 1945 Conventions. Finding the current Conventions not to be an ideal solution, it advocates for a new conventions modeled to meet the new dynamics of conflicts between states and international terrorist organizations. Finally, proposing jurisdiction articles for that convention and guiding principles for the drafting of the substantive provisions.

“Who Makes The Decision Of Whether And How To Arbitrate”, Abraham Gafni

Abraham Gafni

No abstract provided.

Teaching Socioeconomics In Law School, Neal Newman

Neal F. Newman

No abstract provided.

The Assignment Of The Arbitration Agreement: Comparative Trends, With Special Reference To Arbitration Clauses In Bills Of Lading., Karim Youssef

Dr. Karim Y Youssef

No abstract provided.

The Road Not Considered, Robert Blecker

robert blecker

“The Road Not Considered” suggests a morally refined death penalty statute as an alternative to abolition or keeping New Jersey’s presently flawed legislation.

Federalism And The State Recognition Of Native American Tribes: A Survey Of State-Recognized Tribes And State Recognition Processes Across The United States, Alexa Koenig, Jonathan Stein

Alexa Koenig

This article provides a national overview of the legal status of state-recognized American Indian tribes—tribes that have been recognized by their respective states, but not the federal government. Part One discusses how state recognition functions within our federalist system and why it is becoming increasingly important for states and tribes today. Part Two categorizes the various recognition schemes utilized by states into state law, administrative, legislative and executive recognition processes. Part Three provides a summary of the tribes recognized by each state, each state’s regulatory approach to tribal-state relations, and any state Indian reservations. Part Four concludes with a brief …

"The Woman Is Out:" A New Look At The Law In Shakespeare's Hamlet, Carla Spivack

Carla Spivack

No abstract provided.

Using Mandates And Incentives To Promote Sustainable Construction And Green Building Projects In The Private Sector: A Call For More State Land Use Policy Initiatives, Carl J. Circo

Carl J. Circo

Earlier this year, the United Nations released Buildings and Climate Change, which reports that 30-40% of all primary energy is used in buildings. A host of other authorities have joined the U.N. in calling for green building standards, not only to conserve energy, but also to achieve more socially responsible real estate development. A discernable movement is now afoot for government to play a significant role in promoting green building projects. But there is not yet agreement on what that role should be. In particular, green building standards have not yet found their place within the realm of land use …

Dealing With The Realities Of Race And Ethnicity: A Bioethics-Centered Argument In Favor Of Race-Based Genetics Research (Aug. Draft), Michael J. Malinowski

Michael J. Malinowski

This article addresses the proliferation of race and ethnicity-based genetics research, which has become increasingly prevalent with the utilization of population genetics to make medical sense out of the map of the human genome. The article challenges the work of several law scholars with arguments based in bioethics, research pragmatism, and genetic science to propose that recognition of race and ethnicity is preferred in population genetics. The article concludes that proposals to stretch U.S. antidiscrimination jurisprudence to regulate away race and ethnicity in genetics research are misguided at best.

Twelve Theories Of A Right To Bear Arms, Michael S. Green

Michael S. Green

In order to determine the scope of the Second Amendment under an individual-right interpretation, a theory of the value of private arms possession is required. Insufficient attention has been paid, however, to the variety of available theories. This Article outlines twelve different theories of why private arms possession might be worthy of constitutional protection. Each theory is a possible interpretation of justifications for the Second Amendment that have been offered in the past. Because the scope of the Second Amendment can vary given the theory one adopts, greater sensitivity to the differences between these theories is crucial if the scope …

25th Annual Symposium (Presenter), Joyce Palomar

Joyce Palomar

No abstract provided.

The Supremacy Of Techno-Governance: Privatization Of Digital Content And Consumer Protection In The Globalized Information Society, Nicola Lucchi

Nicola Lucchi

The article aims to describe the role of technology and contract in regulating access to digital content deregulating intellectual property law monopoly. In particular it argues that the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe compromise the consumer’s capacity to exercise legitimate rights, such as the private use exemption, by giving content owners extralegal protection for their works. It also analyses how these acts have caused an inappropriate delegation of governmental decision making to a non-governmental entity with a consequent privatization of the government’s role in protecting intellectual …

When Scholarly Analysis Because A Billable Event: Copyright, Cultural Criticism, And The Contemporary Clearance Culture, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Closing The Courthouse Doors, Joseph Thai

Joseph T Thai

No abstract provided.

Grieving Families V. Freedom Of Speech: Why Funeral Protest Laws Are Constitutional And Necessary To Protect Families, Carrie Ann Harris

Carrie Ann Harris

Over the past few years, most notably during the current War on Terror, many families of soldiers who have died in action have had certain repulsive and distasteful guests invite themselves to the funerals. These protestors hold signs such as “Thank God for Dead Soldiers” and “Your Son is Going to Hell.” Americans have become outraged at these protestors and lawmakers have heard their voices. This paper discusses funeral attendees’ rights of safety and privacy versus the protestors’ rights to free speech. All of these rights are important in the United States today. However, in the end, the Funeral Protest …

Texas Access To Justice Foundation Presenter, Charlotte Hughart

Charlotte Hughart

No abstract provided.

Editorial, Recordings Can Protect Those Secretly Taped, Wesley Oliver

Wesley M Oliver

No abstract provided.

Patent Law Presentation, Robert Merges

Robert P Merges

No abstract provided.

Estate Management Software, Mark Gillett

Mark R Gillett

No abstract provided.

An Experimental Analysis Of The Effects Of Automated Mitigation Procedures On Investment And Prices In Wholesale Electricity Markets, Bart Wilson, Lynne Kiesling

Bart J. Wilson

No abstract provided.

Mavenrank: Identifying Influential Members Of The Us Senate Using Lexical Centrality, Anthony Fader, Dragomir Radev, Michael Crespin, Burt Monroe, Kevin Quinn, Michael Colaresi

Kevin M. Quinn

We introduce a technique for identifying the most salient participants in a discussion. Our method, MavenRank is based on lexical cen- trality: a random walk is performed on a graph in which each node is a participant in the discussion and an edge links two partici- pants who use similar rhetoric. As a test, we used MavenRank to identify the most influ- ential members of the US Senate using data from the US Congressional Record and used committee ranking to evaluate the output. Our results show that MavenRank scores are largely driven by committee status in most topics, but can …

How To Approach’ For Online Programs, William Byrnes

William H. Byrnes

No abstract provided.

Review Of The Democratization Of Invention: Patents And Copyrights In American Economic Development, 1790-1920 By B. Zorina Khan, Robert Merges

Robert P Merges

No abstract provided.

Bargaining With A Hugger, Robert J. Condlin

Robert J. Condlin

Bargaining With a Hugger: The Weaknesses and Limitations of a Communitarian Conception of Legal Dispute-Bargaining

Robert J. Condlin

Abstract

The communitarian conception of bargaining now popular with legal academics presupposes a world in which people are always at their best. Clients and lawyers share information about themselves and their situations candidly and honestly, construct agreements from the perspective of their common interests and resolve differences according to objectively derived and jointly agreed upon substantive standards. They “connect” as persons and in the process convert what in lesser hands might be a form of stylized combat into a kind of joint …

Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality , Winston P. Nagan, Marcio Santos

Winston P Nagan

Please see the cover letter which contains a short abstract. There is a table of contents in the document. There is a powerpoint presentation which is short and will be forwarded upon request to expedite evaluation.

Obtaining The Skills Required For Performing Tax Process Outsourcing, William Byrnes

William H. Byrnes

No abstract provided.

Persuasive Writing, Neil Sobol

Neil L Sobol

No abstract provided.

Lecture, “Current Issues In Us-Swedish Tax Relationships, Hugh Ault

Hugh J. Ault

No abstract provided.