Law Commons^™

Suburban Sprawl: Not Just An Environmental Issue, Michael E Lewyn

Michael E Lewyn

Explains why conservatives should be concerned about suburban sprawl, and how market-oriented solutions can mitigate sprawl.

Rights And Obligations Of Third Parties, Aristides N. Hatzis

Aristides N. Hatzis

Three different issues, related to third party involvement in a contractual relationship, are examined. The first two (assignment of contractual rights/delegation of contractual duties and third-party beneficiary contracts) are examined in a unified way. After pointing to the striking similarity between beneficiary and assignment contracts, we discuss the non-simultaneous assent argument, the danger of creating open classes of beneficiaries without the intention of the contracting parties, and other problems. In a second part, we deal with the controversial issue of efficient breach due to inducement by a third party. After reviewing the literature, we briefly consider the use of liquidated …

Can We Protect Agricultural Land And The Scenic Rural Landscape? The Spatial Effects Of Three Land Protection Strategies In The Eastern United States, Elizabeth Brabec, Chip Smith

Elizabeth Brabec

In order to assess the efficacy of the three most common types of agricultural land conservation in the United States, this study analyzes the spatial and visual quality of a purchase of development rights program and two regulatory programs — cluster and the transfer of development rights. The study compares the effectiveness of programs that have been in place for periods of 6 to 18 years, surveying three different communities in the urban fringe: 1. the transfer of development rights program in Montgomery County, Maryland, in effect since 1981, 2. Riverhead, New York’s farmland development rights acquisition program, administered by …

Fragmentation, Impervious Surfaces And Water Quality: Quantifying The Effects Of Density And Spatial Arrangement, Elizabeth Brabec, Paul Richards, Stacey Schulte

Elizabeth Brabec

Impervious surfaces have for many years been recognized as an indicator of the intensity of the urban environment and, with the advent of urban sprawl, they have become a key issue in habitat health. In addition to the direct impacts to water quality, impervious surfaces fragment open space and habitat and are therefore a primary land use indicator of both water quality and ecological degradation. This paper develops an understanding of the land use planning implications of the interaction of impervious surfaces, water quality and the spatial form those surfaces take in a watershed. In order to clarify these relationships, …

The Price Of Law: How The Market For Lawyers Distorts The Justice System, Gillian K. Hadfield

Gillian K Hadfield

Why are lawyers so expensive? This paper explores the economics of the markets for lawyers and the reasons why pricing for lawyers departs from competitive pricing. Unlike conventional analyses, which emphasize entry restrictions, this analysis emphasizes market imperfections due to the nature of legal reasoning and practice and in particular the role of increasing returns to specialization and cognitive skill. The analysis also emphasizes the impact of market dynamics on the distribution of legal services, particularly high end legal work, between corporate and individual clients.

Jet Engine Certification Standards, Paul Eschenfelder

Paul F. Eschenfelder

No abstract provided.

Black Athletes At The Millenium, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

Assessing Expectations Of The First Year Student - Asap, Oscar T. Mcknight

Oscar T McKnight Ph.D.

No abstract provided.

Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer

Nancy J. Knauer

In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status. This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest …

A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit

Nancy Levit

Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …

The Evolution Of The Public Trust Doctrine And The Degradation Of Trust Re- Sources: Courts, Trustees And Political Power In Wisconsin, Melissa K. Scanlan

Melissa K. Scanlan

The public trust doctrine is rooted in ancient Roman law and the Wisconsin Constitution. Ancient Roman jurists be- lieved that the natural law concept that the waters are common to all was not subject to the changing whims of legis- latures. Similarly, modern theorists assert that a constitutionally-based doctrine will be more insulated from politics. This Comment demonstrates the limits of these theories. The trust doctrine is not immutable. Based on interviews with the trustees of Wisconsin's water resources, this Comment uncovers the constraints on the trustees. It shows that trust resources are at risk due to politically-motivated decisions and …

Three Effects Of Social Norms On Law: Expression, Deterrence, And Internalization, Robert D. Cooter

Robert Cooter

State organizations suffer from agency problems that preclude effective motivation of people by formal means alone. Social norms contribute to the effectiveness of state law. Aligning law with morality creates power synergies. I analysis three of them: expression (coordination by law and morality), justification (intrinsic motivation to do what is right) , and sanctions (material costs of wrongdoing).

Encyclopedia Of Production And Manufacturing Management, Paul Swamidass

Paul Swamidass

The Encyclopedia of Production and Manufacturing Management (1048 pages) is a specialized encyclopedia developed to serve as a basic reference resource for the practitioner, researcher, and student. Because of its specialized focus, this one-volume work is able to cover the entire field of production and manufacturing management. It contains factual and conceptual information for fundamental understanding while serving as a starting point for a deeper researched investigation. The material is state-of-the-art, covering the field of operations management and its exciting recent developments. These developments are covered extensively in this volume.

The downloadable file here has 54 pages which include, the …

Polemics: The Concept Of Legalization - Or - The Concept Of Plagiarism, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

5. Child Witnesses And The Oath: Empirical Evidence., Thomas D. Lyon

Thomas D. Lyon

Mass Customization And Permission Marketing: An Exploratory Study Of Higher Education, R Bitar, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

No abstract provided.

Pest Testing Consumer Behavior In Higher Education: A Perceptual Identity Audit With Bite, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

No abstract provided.

An International Law Institution In Crisis: Rethinking Permanent Neutrality, Brian Havel

Brian Havel

No abstract provided.

Quem Votaria? As Consequências Do Voto Obrigatόrio, Zachary Elkins

Zachary Elkins

No abstract provided.

Gradations Of Democracy? Empirical Tests Of Alternative Conceptualizations, Zachary Elkins

Zachary Elkins

No abstract provided.