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2007

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Institution
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Articles 61 - 90 of 4913

Full-Text Articles in Law

The New Legal Realism, Cass R. Sunstein, Thomas J. Miles Dec 2007

The New Legal Realism, Cass R. Sunstein, Thomas J. Miles

Public Law and Legal Theory Working Papers

The last decade has witnessed the birth of the New Legal Realism—an effort to go beyond the old realism by testing competing hypotheses about the role of law and politics in judicial decisions, with reference to large sets and statistical analysis. The New Legal Realists have uncovered a Standard Model of Judicial Behavior, demonstrating significant differences between Republican appointees and Democratic appointees, and showing that such differences can be diminished or heightened by panel composition. The New Legal Realists have also started to find that race, sex, and other demographic characteristics sometimes have effects on judicial judgments. At the same …

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Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan Dec 2007

Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

The maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern post-September 11. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilization” between the Muslim world and the modern world. Having declared itself a terrorist's “iconic target,” Singapore has taken a broad-based community approach in advancing inter-religious tolerance, including a subtle initiative to include the “Muslim civil society” in …

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An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball Dec 2007

An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball

Criminal Justice Faculty Publications and Presentations

Operation Street Sweeper (OSS) was a multi-level, interagency collaboration with multiple purposes. According to OSS documents, Operation Street Sweeper goals included the following: (1) to reduce gang-related criminal and violent activity in Nampa and Caldwell, Idaho through aggressive, proactive, and coordinated street enforcement between the Bureau of Alcohol, Tobacco and Firearms (ATF) and local law enforcement; (2) to deter criminal activity through high profile enforcement activity; (3) to develop and/or increase the number of positive community contacts; (4) to show the community and gang members that law enforcement is serious about reducing gang and violent crime in the area; and …

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Tax Treaty Treatment Of Royalty Payments From Low-Income Countries: A Comparison Of Canada And Australia’S Policies, Kim Brooks Dec 2007

Tax Treaty Treatment Of Royalty Payments From Low-Income Countries: A Comparison Of Canada And Australia’S Policies, Kim Brooks

Articles, Book Chapters, & Popular Press

The proposal made in this paper is a modest one: that high-income countries should further the cause of reducing global inequality by ensuring that in their tax treaties with low-income countries they do not usurp needed revenues by reducing low-income countries' ability to collect tax on income with a source in the low-income country. This argument is made in the specific context of the taxation of royalty payments, which present one of the most extreme examples of high-income countries unfairly confiscating revenues that appropriately belong to their low-income treaty partners. The Organisation for Economic Co-operation and Development (OECD) model tax …

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Advocacy Strategies To Fight Eviction In Cases Of Compulsive Hoarding And Cluttering, Tom Cobb, Eric Dunn, Vanessa Torres Hernandez, Jake Moroni Okleberry, Riana Pfefferkorn, Chelsea Spector Dec 2007

Advocacy Strategies To Fight Eviction In Cases Of Compulsive Hoarding And Cluttering, Tom Cobb, Eric Dunn, Vanessa Torres Hernandez, Jake Moroni Okleberry, Riana Pfefferkorn, Chelsea Spector

Articles

No abstract provided.

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A Beautiful Lie: Exploring Rhinelander V. Rhinelander As A Formative Lesson On Race, Identity, Marriage, And Family, Angela Onwuachi-Willig Dec 2007

A Beautiful Lie: Exploring Rhinelander V. Rhinelander As A Formative Lesson On Race, Identity, Marriage, And Family, Angela Onwuachi-Willig

Faculty Scholarship

This essay explores the past and present social meanings of what occurred during a 1920s New York trial court case, Rhinelander v. Rhinelander. Rhinelander involved a claim by Leonard Kip Rhinelander, a white socialite, who filed for annulment of his marriage to Alice Beatrice Jones, a woman of racially ambiguous heritage. Leonard claimed that Alice committed fraud that went to the essence of their marriage by failing to inform him that she was of "colored" blood. According to legend, Leonard and Alice were madly in love, and Leonard filed the lawsuit only because of his father, who refused to accept …

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The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman Dec 2007

The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman

All Faculty Scholarship

The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in the context of intellectual property (IP). Nevertheless, customs have a profound impact on both de facto and de jure IP law. The unarticulated incorporation of custom threatens to swallow up IP law, and replace it with industry-led IP regimes that give the public and other creators more limited rights to access and use intellectual property than were envisioned by the Constitution and Congress. This article presents a powerful critique …

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Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson Dec 2007

Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson

UF Law Faculty Publications

In 2006, the Florida Supreme Court added a "licensing" scheme for attorney advertising on television or radio to its existing panoply of attorney advertising regulations. The new rule imposes a prior restraint on all radio and television ads by Florida attorneys: every ad must run the gauntlet of the Bar's censors prior to airing, and the ad may not air unless its content meets with the approval of the censors. Not content with its foray into regulating the broadcast medium, the Florida Supreme Court is now poised to add a rule that will regulate attorney speech on the Internet much …

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Terrorism As An Intellectual Problem, Charles W. Collier Dec 2007

Terrorism As An Intellectual Problem, Charles W. Collier

UF Law Faculty Publications

The past few years have been instructive for observers of religious terrorism. Events have conspired to reveal ever more of its grim visage, inner logic, and awful potential. Religious terrorism has been exhaustively analyzed as a security problem, a military problem, an economic problem, a political problem, and more. But it is also an intellectual problem, one with particular implications for the study of law, culture, and history. This Essay examines the intellectual assumptions of religious terrorism, and it does so from three distinct perspectives: the theory of religion and American constitutional law (Part I); the common law (Part II); …

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Tradable Patent Rights, Ian Ayres, Gideon Parchomovsky Dec 2007

Tradable Patent Rights, Ian Ayres, Gideon Parchomovsky

All Faculty Scholarship

Patent thickets may inefficiently retard cumulative innovation. This paper explores two alternative mechanisms that may be used to weed out patent thickets. Both mechanisms are intended to reduce the number of patents in our society. The first mechanism we discuss is price based regulation of patents through a system of increasing renewal fees. The second and more innovative mechanism is quantity based regulation through the establishment of a system of Tradable Patent Rights. The formalization of tradable patent rights would essentially create a secondary market for patent permits in which patent protection will be bought and sold.

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The Troublemaker's Friend: Retaliation Against Third Parties And The Right Of Association In The Workplace, Alex B. Long Dec 2007

The Troublemaker's Friend: Retaliation Against Third Parties And The Right Of Association In The Workplace, Alex B. Long

Scholarly Works

Title VII theoretically provides virtually unlimited protection from retaliation for one kind of workplace troublemaker - the employee who files a formal charge of discrimination. However, the protection from retaliation enjoyed by such individuals is significantly less when the troublemaker resorts to an employer's internal process for resolving discrimination complaints prior to the filing of a formal charge of discrimination. And what of the coworker who assists the troublemaker in pursuing such an internal grievance? Or the coworker who simply has some type of relationship with the troublemaker who files a formal charge of discrimination? What protection from retaliation do …

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The Japanization Of American Corporate Governance? Evidence Of The Never-Ending History For Corporate Law, Dan W. Puchniak Dec 2007

The Japanization Of American Corporate Governance? Evidence Of The Never-Ending History For Corporate Law, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

The debate over corporate governance convergence has been heated for years and has created a cottage industry of experts. It is premised on the false assumption that American corporate governance has reached the end of its evolution by adopting a shareholder primacy and dispersed shareholding governance model. This article demonstrates that American corporate governance continues to evolve and that as such the convergence debate is fundamentally flawed and not worth fixing. The point of this article is simple: there is no endpoint corporate governance model. There is no optimally efficient American model. There is no optimally efficient Japanese model. To …

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Trivia Questions & Answers, Meg Butler Dec 2007

Trivia Questions & Answers, Meg Butler

Faculty Publications By Year

No abstract provided.

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The Increased Use Of Reconciliation In Criminal Cases In Central Asia: A Sign Of Restorative Justice, Reform Or Cause For Concern, Cynthia Alkon Dec 2007

The Increased Use Of Reconciliation In Criminal Cases In Central Asia: A Sign Of Restorative Justice, Reform Or Cause For Concern, Cynthia Alkon

Faculty Scholarship

This statement sums up the challenges lawyers, courts, legislatures, and other policymakers face when discussing mediation, reconciliation, or the use of other process alternatives in criminal cases in Central Asia. First, many people in the legal community of Central Asia have different understandings about the types of criminal cases appropriate for referral to alternative processes in lieu of criminal prosecution. Second, many people in the Central Asian legal community have attitudes about victims, defendants, and certain types of crimes that differ significantly from the attitudes held by the legal communities in other countries of the world. For instance, in Central …

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The Sunset Of Quality Control In Modern Trademark Licensing, Irene Calboli Dec 2007

The Sunset Of Quality Control In Modern Trademark Licensing, Irene Calboli

Faculty Scholarship

Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …

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November 30, 2007: Huckabee On Hardball, Bruce Ledewitz Nov 2007

November 30, 2007: Huckabee On Hardball, Bruce Ledewitz

Hallowed Secularism

Huckabee on Hardball

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Paying To Save: Tax Withholding And Asset Allocation Among Low- And Moderate-Income Taxpayers, Michael S. Barr, Jane Dokko Nov 2007

Paying To Save: Tax Withholding And Asset Allocation Among Low- And Moderate-Income Taxpayers, Michael S. Barr, Jane Dokko

Law & Economics Working Papers Archive: 2003-2009

We analyze the phenomenon that low- and moderate-income (LMI) tax filers exhibit a “preference for over-withholding” their taxes, a measure we derive from a unique set of questions administered in a dataset of 1,003 households, which we collected through the Survey Research Center at the University of Michigan. We argue that the relationship between their withholding preference and portfolio allocation across liquid and illiquid assets is consistent with models with present-biased preferences, and that individuals exhibit self-control problems when making their consumption and saving decisions. Our results support a model in which individuals use commitment devices to constrain their consumption. …

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Vol. Ix, Tab 47 - Ex. 10 - Document "Rosetta Stone Affiliate Overview - Nov. 29, 2007, Rosetta Stone Nov 2007

Vol. Ix, Tab 47 - Ex. 10 - Document "Rosetta Stone Affiliate Overview - Nov. 29, 2007, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

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Women Of Distinction Honored (Photograph) Nov 2007

Women Of Distinction Honored (Photograph)

Lauren Robel (2002 Acting; 2003-2011)

The Girl Scouts of Tulip Trace Council, Inc. 2007 Women of Distinction Awards Dinner held on Friday, Nov. 16. Pictured from front left are Mary Krupinski (Honoree), Lauren Robel (Honoree), Anna Weigand (Honoree), Janet Skillman (Honoree), Jenny Morgan (Honoree), Alisa Wright (Honoree). In the back row from the left are Pam Freeman (Honoree), Ann Shea (WTIU producer-mistress of ceremonies), Deborah O'Brien (Girl Scouts of Tulip Trace Council CEO), Regina Moore (Bloomington city clerk and event co-chair), Sue Wanzer (Girl Scouts of Tulip Trace Council Board president).

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November 28, 2007: Mike Huckabee's Chances, Bruce Ledewitz Nov 2007

November 28, 2007: Mike Huckabee's Chances, Bruce Ledewitz

Hallowed Secularism

Mike Huckabee's Chances

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Appeal No. 0778: Century Well Service V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Nov 2007

Appeal No. 0778: Century Well Service V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-137

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'Aux Armes, Citoyens!:' Time For Law Schools To Lead The Movement For Free And Open Access To The Law, Ian Gallacher Nov 2007

'Aux Armes, Citoyens!:' Time For Law Schools To Lead The Movement For Free And Open Access To The Law, Ian Gallacher

College of Law - Faculty Scholarship

This article is a manifesto that outlines the principles of the open access to legal information movement and sounds a call to action for law schools to become leaders in that movement. The article surveys the present legal information environment, reviews the development of computer-assisted legal information and the long-term future of book-based legal research, and discusses the problems inherent in a system where two large “information resource” corporations control access to legal information. After considering the need for open access to the law for pro se litigants, scholars from outside the legal academy, and practicing lawyers, after considering and …

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Appeal No. 0779: Darrell Yoder, Dba Double "D" V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Nov 2007

Appeal No. 0779: Darrell Yoder, Dba Double "D" V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-27

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Vol. 33, No. 12 (November 26, 2007) Nov 2007

Vol. 33, No. 12 (November 26, 2007)

Indiana Law Annotated

No abstract provided.

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November 24, 2007: Hallowed Secularism And Thanksgiving 2007, Bruce Ledewitz Nov 2007

November 24, 2007: Hallowed Secularism And Thanksgiving 2007, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and Thanksgiving 2007

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November 21, 2007: Philip Pullman--Author Of Hallowed Secularism?, Bruce Ledewitz Nov 2007

November 21, 2007: Philip Pullman--Author Of Hallowed Secularism?, Bruce Ledewitz

Hallowed Secularism

Philip Pullman--Author of Hallowed Secularism?

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Summary Of Allstate Ins. Co. V. Thorpe, 123 Nev. Adv. Op. No. 52, Kristina Escamilla Nov 2007

Summary Of Allstate Ins. Co. V. Thorpe, 123 Nev. Adv. Op. No. 52, Kristina Escamilla

Nevada Supreme Court Summaries

No abstract provided.

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Summary Of Wilson V. State Of Nevada, 123 Nev. Adv. Op. No. 54, Tanya Gaylord Nov 2007

Summary Of Wilson V. State Of Nevada, 123 Nev. Adv. Op. No. 54, Tanya Gaylord

Nevada Supreme Court Summaries

No abstract provided.

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Pro-Gun Scholars Twist Constitution, Kenneth Lasson Nov 2007

Pro-Gun Scholars Twist Constitution, Kenneth Lasson

All Faculty Scholarship

Earlier this year, the Court of Appeals for the District of Columbia became the first federal tribunal to strike down a local gun-control law, holding that the Founding Fathers would have allowed all private citizens to arm themselves.

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Summary Of Horgan V. Felton, 123 Nev. Adv. Op. No. 53, Krystal Gallagher Nov 2007

Summary Of Horgan V. Felton, 123 Nev. Adv. Op. No. 53, Krystal Gallagher

Nevada Supreme Court Summaries

No abstract provided.

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