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Articles 1 - 10 of 10
Full-Text Articles in Law
When Worlds Collide: Protecting Physical World Interests Against Virtual World Malfeasance, Hilary Silvia, Nanci K. Carr
When Worlds Collide: Protecting Physical World Interests Against Virtual World Malfeasance, Hilary Silvia, Nanci K. Carr
Michigan Technology Law Review
If a virtual-world-game character is cast upon real-world property without the consent of the landowner, inducing or encouraging players to trespass, is the virtual-world creator liable for damages? The United States Supreme Court has recognized that digital technology presents novel issues, the resolution of which must anticipate its further rapid development. It is beyond dispute that protective legislation will be unable to keep up with rapidly evolving technology. The burden of anticipating and addressing issues presented by emerging technologies will ultimately fall upon the businesses responsible for generating them. This duty was most notably adopted by the creators of Pokémon …
The End Of Jurisprudence, Scott Hershovitz
The End Of Jurisprudence, Scott Hershovitz
Articles
For more than forty years, jurisprudence has been dominated by the HartDworkin debate. The debate starts from the premise that our legal practices generate rights and obligations that are distinctively legal, and the question at issue is how the content of these rights and obligations is determined. Positivists say that their content is determined ultimately or exclusively by social facts. Anti-positivists say that moral facts must play a part in determining their content. In this Essay, I argue that the debate rests on a mistake. Our legal practices do not generate rights and obligations that are distinctively legal. At best, …
Power Games, Aneil Kovvali
Power Games, Aneil Kovvali
Michigan Law Review First Impressions
According to the traditional account, Congress has the "necessary constitutional means and personal motives to resist encroachments" by the president. As commentators have recognized, however, the traditional account does not match reality. Individuals in Washington, D.C., are more interested in fighting for their political party than for their branch of government, and the essentially reactive legislative branch lacks the capacity to respond to a rapidly changing policy environment. But the traditional account suffers from a more basic flaw. The president can decide whether or not to cooperate with Congress on a situation-by-situation basis. By contrast, Congress's tools for disciplining the …
The Gift Of Language, Joseph Vining
The Gift Of Language, Joseph Vining
Articles
Style and substance cross-are genetically related as we now might want to say. Each draws on and is implied by the other. One point at which they cross is our sense of the nature of human language, what language is and can be, what it is not and can never be. The language of law is part of human language. Law is a distinctive form of thought, but it lives in human language. "Rule" might be thought synonymous with "law," but for all its talk of rules, the practice of law does not begin with a descriptive statement, or a …
Clarifying Legal Drafting By Well-Structuring It: An Improved Version Of The Plain Language Game, Layman E. Allen
Clarifying Legal Drafting By Well-Structuring It: An Improved Version Of The Plain Language Game, Layman E. Allen
Other Publications
In order to be plain, language should be well-structured. This is the theory upon which the PLAIN LANGUAGE Game is based. It provides those who aspire to be legal drafters with practice in constructing well-structured statements - a useful skill for expressing clear legal norms. You have already encountered the underlining of part of the term 'well-structured', 'PLAIN LANGUAGE' and 'norm', and may be wondering about it The underlining of the first two letters of each word of a term indicates that the term is a defined term and that it is being used in its defined sense. Thus, a …
What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White
What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White
Articles
Pior investigation indicates that instructional gaming can be an effective tool for enhancing both motivation and achievement in the learning of mathematics. This study explores the extent to which the effectiveness of instructional gaming in facilitating the learning of specific mathematical ideas can be increased by incorporating devices that channel learners’ attention upon those ideas. In particular, the effect of channeling attention by changing the method of scoring is explored.
Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen
Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen
Articles
QUERIES 'N THEORIES provides a parallel to the strong inference approach to scientific method - designing experiments, observing data, and theorizing. The reiter- ated use of the DOT approach (Design, Observe, Theorize) in the problem-solving required by the game mirrors the regular, systematic application of strong inference in some areas of science (e.g., high energy physics and molecular biology) that have moved ahead much more rapidly than others. Moreover, the game embodies and provides practice in two aspects of scientific theorizing and designing which John Platt has pointed out as central to scientific advance: (1) the usefulness of multiple hypotheses …
Equations Presented As An Example Of A Nonsimulation Game, Layman E. Allen, Joan K. Ross
Equations Presented As An Example Of A Nonsimulation Game, Layman E. Allen, Joan K. Ross
Articles
One way of characterizing instructional games is in terms of whether they are simulation games or nonsimulation games. Most ofSimulation Gaming News deals with simulation games and other simulations; here we are concerned with nonsimulation games.
The Virtues Of Nonsimulation Games, Layman E. Allen, Robert W. Allen, Joan Ross
The Virtues Of Nonsimulation Games, Layman E. Allen, Robert W. Allen, Joan Ross
Articles
The use of games as teaching devices is receiving attention from an increasing number of educators. Data from tests conducted with one such educational game-WFF ’N PROOF strongly indicate that this and similar games are useful, not only in teaching a particular subject (in this case symbolic logic), but also in increasing the general problem-solving ability of the student. WFF ’N PROOF is actually not one game but a series of 21 games of increasing difficulty. The first games in the series are quite simple and can be enjoyed by first graders. The final games are challenging and stimulating even …
The Cy Pres Doctrine And Changing Philosophies, Edith L. Fisch
The Cy Pres Doctrine And Changing Philosophies, Edith L. Fisch
Michigan Law Review
The cy pres doctrine arose so far back in antiquity that its origins are obscure. Apparently it was known and used in Roman law, for an application of the cy pres doctrine is reported in the Digest of Justinian. In the early part of the third century a city received a legacy bequeathed for the purpose of commemorating the memory of the donor by using the income of the legacy to hold yearly games. As such games were illegal at that time a problem arose concerning the disposition of the legacy. Modestinus, a well known jurist, found the solution.