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Selected Works

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1993

Discipline
Institution
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Publication

Articles 1 - 30 of 160

Full-Text Articles in Law

"The Decline Of Abstinence" Review Of Burnham "Bad Habits", Stephen D. Sugarman Dec 1993

"The Decline Of Abstinence" Review Of Burnham "Bad Habits", Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.


Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer Nov 1993

Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

The dissertation takes a political economy approach to constitutional design and legislation in the Westminster (Cabinet) and US (Congressional) models of government. Part I develops the economics of comparative political organization by constructing a theoretical framework for analyzing constitutional design. Part II applies the framework to distinguish the essences of the Cabinet and Congressional systems of constitutional design in the contexts of US and Canadian federal government. Part III analyzes the effects of the different constitutional designs on the processes of legislating in each system and on the substantive characteristics of legislation in each system. The analysis is subjected to …


The Hazardous Waste Land, Jerry L. Anderson Nov 1993

The Hazardous Waste Land, Jerry L. Anderson

Jerry L. Anderson

This article was one of the first comprehensive critiques of the Superfund remediation and liability system. The article addresses systemic problems with the CERCLA mechanism that result in inequity and slow the pace of cleanups.


Two-Part Marginal Cost Pricing Equilibria With N Firms: Sufficient Conditions For Existence And Optimality, Aaron S. Edlin, Mario Epelbaum Oct 1993

Two-Part Marginal Cost Pricing Equilibria With N Firms: Sufficient Conditions For Existence And Optimality, Aaron S. Edlin, Mario Epelbaum

Aaron Edlin

We explore the interactions among firms with increasing returns regulated to break even by pricing with two-part tariffs. We provide conditions for existence and for efficiency of general equilibria with n-firms. This involves finding hookup fees that are voluntarily paid and cover the firms' losses from marginal cost pricing-a problem that because of both substitution and income effects is complicated by multiple firms using two-part tariffs, but that must be solved to ensure the continuity of demands necessary to prove break-even equilibria exist.


Brief On The Bicycle-Pedestrian Pathway Dedication By The Rails-To-Trails Conservancy, The League Of American Bicyclists, The Bicycle Federation Of Oregon, National Wildlife Federation, And The American Society Of Landscape Architects As Amici Curiae In Support Of Respondent. Florence Dolan V. City Of Tigard, In The Supreme Court Of The United States, Andrea Ferster, Elizabeth A. Brabec, Glenn P. Sugamelli, Daniel L. Rabinowitz Oct 1993

Brief On The Bicycle-Pedestrian Pathway Dedication By The Rails-To-Trails Conservancy, The League Of American Bicyclists, The Bicycle Federation Of Oregon, National Wildlife Federation, And The American Society Of Landscape Architects As Amici Curiae In Support Of Respondent. Florence Dolan V. City Of Tigard, In The Supreme Court Of The United States, Andrea Ferster, Elizabeth A. Brabec, Glenn P. Sugamelli, Daniel L. Rabinowitz

Elizabeth Brabec

No abstract provided.


On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes Oct 1993

On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes

Richard L. Aynes

Nearly fifty years ago, Professor Charles Fairman published his seminal article, Does the Fourteenth Amendment Incorporate the Bill of Rights? According to Fairman, it does not. Fairman's analysis of the congressional debates and other historical data on the Fourteenth Amendment led him to conclude that the Privileges or Immunities Clause of the Amendment does not make the Bill of Rights applicable to the states. Instead, Fairman argued that the intent of the Amendment's framers is most nearly realized by the use of the Due Process Clause to enforce against the states only those rights “ ‘implicit in the concept of …


How Batson Played In Arizona Or The Discriminating Use Of Peremptory Challenges, Dave Cole, Mara Siegel Sep 1993

How Batson Played In Arizona Or The Discriminating Use Of Peremptory Challenges, Dave Cole, Mara Siegel

Dave Cole

No abstract provided.


Book Review - Forbidden Grounds: The Case Against Employment Discrimination Law, John J. Donohue Sep 1993

Book Review - Forbidden Grounds: The Case Against Employment Discrimination Law, John J. Donohue

John Donohue

Book Review - Forbidden Grounds: The case against employment discrimination law by Richard A. Epstein. Cambridge and London: Harvard University Press 1992


Ozgur 1993 Turkiye'nin Ozel Cevre Koruma Bolgeleri Politikasi (Specially Protected Areas Policy Of Turkey) Türkiye'nin Özel Çevre Koruma Bölgeleri Politikası: Foça Örneği, Huseyin Ozgur Prof.Dr. Sep 1993

Ozgur 1993 Turkiye'nin Ozel Cevre Koruma Bolgeleri Politikasi (Specially Protected Areas Policy Of Turkey) Türkiye'nin Özel Çevre Koruma Bölgeleri Politikası: Foça Örneği, Huseyin Ozgur Prof.Dr.

Huseyin Ozgur Prof.Dr.

Specially protected areas (SPAs) in Turkey were initiated in 1990 with the special interest of Prime Minister Turgut Özal and pressure from international agreements signed by Turkish Government. As of 1992, there were 12 SPAs in 5 provinces, most of them were on shorelines of lakes or seas. The decision making of SPAs policy in Turkey fit to muddling through. It helped to protect special and sensitive areas to be protected. All these SPAs had several small settlements and controversial usages of the land and water areas. The policy helped to control dense and uncontrolled settlements however created issues on …


Is College Financial Aid Equitable And Efficient?, Aaron S. Edlin Aug 1993

Is College Financial Aid Equitable And Efficient?, Aaron S. Edlin

Aaron Edlin

No abstract provided.


Supplemental Reply Comments To Fcc Notice Of Inquiry On Consumer Electronics Compatibility Rules, Ron D. Katznelson Aug 1993

Supplemental Reply Comments To Fcc Notice Of Inquiry On Consumer Electronics Compatibility Rules, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.


Interest On Estate Taxes: A Comment, Francine J. Lipman, James E. Williamson Aug 1993

Interest On Estate Taxes: A Comment, Francine J. Lipman, James E. Williamson

Francine J. Lipman

This article illustrates the concepts and the calculations of refundable interest on estate tax overpayments as well as the concepts and the calculations of interest payable on estate tax liabilities.


Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain--With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack Aug 1993

Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain--With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack

Malla Pollack

Trademark laws protect the mental association between the source n4 of a product and the product itself. This protection allows consumers to locate merchandise of known quality, and motivates suppliers to produce better merchandise. The extent to which trademarks are property rights owned by the controller of the items they identify is controversial. These dual purposes of trademark protection are often phrased as if the objectives reinforce one another. Sometimes, however, the interests conflict. If the public's interests are not recognized they cannot be protected. This article suggests the existence of an ignored public ownership interest. Trademarks may become communicative …


A Philosophical Ground For Gays' Rights: "We Must Learn What Is True In Order To Do What Is Right", James M. Donovan Aug 1993

A Philosophical Ground For Gays' Rights: "We Must Learn What Is True In Order To Do What Is Right", James M. Donovan

James M. Donovan

A major platform of gays' rights seems to be that gays are entitled to social and political rights because, in fact, they are not different from the heterosexual majority when one looks past the definitional criterion of sleeping with the same sex. Any other differences, they claim, are "myths" and do not exist. From this perspective, without investigating bedroom behavior, one could never tell who is gay and who is not: Gays are just like "regular" people, the line goes, so they should be treated like them. "The best hope for acceptance," writes one Ann Landers reader, "is to show …


Diritto E Economia, Robert D. Cooter Jul 1993

Diritto E Economia, Robert D. Cooter

Robert Cooter

Italian language encyclopedia entry for 'Law & Economics'


1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon Jul 1993

1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon

Thomas D. Lyon

Children's decision making ability is important in a number of areas in the law.  A child's competence to decide affects how her actions and opinions are evaluated in family court proceedings, dependency actions, delinquency cases, and civil suits.


How To Limit Gerrymandering, Michael E Lewyn Jul 1993

How To Limit Gerrymandering, Michael E Lewyn

Michael E Lewyn

An extensive discussion of constitutional issues related to partisan gerrymandering.


Federal Jury Instructions And The Consequences Of A Successful Insanity Defense, Joseph P. Liu May 1993

Federal Jury Instructions And The Consequences Of A Successful Insanity Defense, Joseph P. Liu

Joseph P. Liu

This Note argues that trial judges should instruct jurors about the consequences of an insanity verdict, but that judges must strive to minimize the potentially prejudicial impact of such an instruction by explicitly instructing the jury not to consider this information in arriving at a verdict.


1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell May 1993

1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell

Thomas D. Lyon

2 studies investigated young children's understanding that as the retention interval increases, so do the chances that one will forget. In Study 1 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 characters who simultaneously saw an object, the character who waited longer before attempting to find it would not remember where it was. In study 2 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 objects seen by a character, the object that was seen a "long long time ago" would be forgotten and the object seen "a little while ago" …


Reply Comments To Fcc Notice Of Inquiry On Consumer Electronics Compatibility Rules, Ron D. Katznelson Apr 1993

Reply Comments To Fcc Notice Of Inquiry On Consumer Electronics Compatibility Rules, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.


21st Century Physics (A 21. Szazad Fizikaja), Milan Meszaros Apr 1993

21st Century Physics (A 21. Szazad Fizikaja), Milan Meszaros

Milan Meszaros physicist

Mivel a 21. század alatt ma sokan önkéntelenül is az ezredfordulót vagy az utána következõ néhány évet értik, így fotos kiemelni, hogy jelen tanulmányban nem az ezredforduló fizikája kerül bemutatásra, mert a millennium már nagyon közel van, s így az a fizika alig fog különbözni a jelenlegitõl. (Bár, a jelenlegi fizikai világkép mibenlétének ismertetése is érdeklõdésre tarthatna számot.)

Az elõadásban kísérlet történik a 21. század fizikája és fizikai világképe kontúrjának felrajzolására, de nem bizonyos futurológiai elméletek alapján –mivel a szerzõ szerint az a század eleji ”futurizmus”-nak felelne meg–, hanem, a mai fizikában meglévõ immanens és sajnos alig ismert tendenciák alapján. …


Are Spread Out Cities Really Safer? , Michael E Lewyn Apr 1993

Are Spread Out Cities Really Safer? , Michael E Lewyn

Michael E Lewyn

One of my first articles. A discussion of the gap between perceptions of crime and the reality of crime, noting that sprawling Sun Belt cites were erroneously perceived as safer than they really were, while older, denser northern cities were erroneously perceived as more dangerous.


Does The Reasonable Woman Exist And Does She Have Any Place In Hostile Environment Sexual Harrassment Claims Under Title Vii After Harris (Student Note), Liesa L. Richter Mar 1993

Does The Reasonable Woman Exist And Does She Have Any Place In Hostile Environment Sexual Harrassment Claims Under Title Vii After Harris (Student Note), Liesa L. Richter

Liesa L. Richter

No abstract provided.


"Pay At The Pump" Auto Insurance: The California Vehicle Injury Plan (Vip) For Better Compensation, Fairer Funding, And Greater Safety, Stephen D. Sugarman Mar 1993

"Pay At The Pump" Auto Insurance: The California Vehicle Injury Plan (Vip) For Better Compensation, Fairer Funding, And Greater Safety, Stephen D. Sugarman

Stephen D Sugarman

This small book offers the basic argument for a comprehensive auto no-fault plan that is largely funded by payments made as motorists purchase gasoline. This VIP "Pay at the Pump" plan would replace the current scheme of tort liability and private automobile liability insurance. It would save most motorists money, it would more fairly price the cost of auto accidents, it would promote safer cars and safer driving, and it would far better compensate victims (especially seriously injured victims) of auto accidents than does the current scheme.


Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein Mar 1993

Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein

David S Rudstein

No abstract provided.


Where Have All The Computers Gone? Survey Checks Out Law Firm Usage (With R. Shiels), Ronald W. Staudt Mar 1993

Where Have All The Computers Gone? Survey Checks Out Law Firm Usage (With R. Shiels), Ronald W. Staudt

Ronald W Staudt

No abstract provided.


Law Office Automation Approaching The Millenium, Ronald W. Staudt Mar 1993

Law Office Automation Approaching The Millenium, Ronald W. Staudt

Ronald W Staudt

No abstract provided.


Does The Grandmother Come With It? Teaching And Practicing Law In The 21st Century, Ronald W. Staudt Feb 1993

Does The Grandmother Come With It? Teaching And Practicing Law In The 21st Century, Ronald W. Staudt

Ronald W Staudt

No abstract provided.


Local Protection Of Biodiversity: What Is Its Niche?, A. Dan Tarlock Feb 1993

Local Protection Of Biodiversity: What Is Its Niche?, A. Dan Tarlock

Dan Tarlock

No abstract provided.


Why Pragmatism? The Puzzling Place Of Pragmatism In Critical Theory, Richard Warner Feb 1993

Why Pragmatism? The Puzzling Place Of Pragmatism In Critical Theory, Richard Warner

Richard Warner

No abstract provided.