Law Commons^™

An Opportunity Not To Be Missed: The Future Of Comparative Law In The United States, Ugo Mattei

Ugo Mattei

No abstract provided.

Four Stories About Copyright Law And Appropriation Art, Matthew Rimmer

Matthew Rimmer

This article considers copyright law and the art of appropriation in an Australian context. It tells four stories about Australian artists - Imants Tillers, Gordon Bennett, Juan Davila and Tracey Moffatt. The stories examine the postmodern critique of copyright law, indigenous copyright and self-determination, the introduction of moral rights, and copyright, photography and film. The article concludes that the work of such contemporary artists has practical implications for the reform of copyright law.

Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison

Michael J. Madison

ProCD, Inc. v. Zeidenberg, which enforced a "shrinkwrap" license for computer software, has encouraged the expansion of the shrinkwrap form beyond computer programs, forward, onto the Internet, and backward, toward such traditional works as books and magazines. Authors and publishers are using that case to advance norms of information use that exclude, practically and conceptually, a robust public domain and a meaningful doctrine of fair use. Contesting such efforts by focusing on the contractual nature of traditional shrinkwrap, by relying on market principles, on adhesion theory, on commercial law concepts of usage and custom, or on federal preemption doctrine, feeds …

Understanding The Time Path Of Crime, John Donohue

John Donohue

No abstract provided.

Some Thoughts On Law And Economics And The Theory Of Second Best, John Donohue

John Donohue

No abstract provided.

The Legality Of Arbitration Proceedings Before Sports Courts, Marios Papaloukas

Marios Papaloukas

This article by Marios Papaloukas is about the legal problems caused by the fact that sports courts are considered as arbitration courts. Is forced arbitration allowed in sports cases?

Protecting Trade And Turtles: The Wto And The Coherency Of International Law In 1 Translex, David D. Caron, Hans Rudolf Trüeb

David D. Caron

No abstract provided.

Praising With Faint Damnation--The Troubling Rehabilitation Of Korematsu, Alfred C. Yen

Alfred C. Yen

No abstract provided.

Is Perfect Price Discrimination Really Efficient? Welfare And Existence In General Equilibrium, Aaron S. Edlin, Mario Epelbaum, Walter P. Heller

Aaron Edlin

Small Claims Courts Offer Prompt Adjudication Based On Substantive Law, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Programa Para Un Curso Universitario De Literatura Y Derecho, Leysser L. Leon

Leysser L. León

Proyecto de sílabo del curso Literatura y Derecho presentado a la Facultad de Derecho de la Pontificia Universidad Católica del Perú en noviembre de 1998.

Is International Antitrust Possible?, Andrew T. Guzman

Andrew T Guzman

This Article analyzes the economic incentives countries face in selecting an antitrust policy. It demonstrates that, in the presence of international trade, antitrust policies chosen by national governments will generally not lead to an outcome that is desirable from an international perspective. Professor Guzman identifies the reasons why nationally chosen policies are different from the optimal global policy and shows how the direction of the deviation from the optimal policy depends on trade patterns and the extent to which national laws are applied extraterritorially. The author concludes that, although international agreement is not impossible, the prospects for substantive cooperation on …

International Decisions. European Communities - Measures Concerning Meat And Meat Products, David A. Wirth

David A. Wirth

No abstract provided.

Europeanisering Van Het Benelux Merkenrecht (In: Opstellen Aangeboden Aan Theo Bremer), Severin De Wit

Severin de Wit

No abstract provided.

The Birth Of The Universal Declaration Of Human Rights, Michael Cooper

Michael D. Cooper, Esq.

This short article, written for an audience of U.S. based social science teachers, reviews the historical circumstances surrounding the drafting of the Universal Declaration of Human Rights, which the United Nations General Assembly adopted on December 10, 1948. The narrative focuses attention on the negotiating process and, in particular, Eleanor Roosevelt’s role as Chair of the U.N. Commission on Human Rights, which drafted the landmark document.

Advice To Flight Crews Concerning Wildlife Hazards To Aircraft, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.

Technology On The Factory Floor Iii: Technology Use And Training In Us Manufacturing Firms, Paul Swamidass

Paul Swamidass

This is the third issue of the Technology on the Factory Floor series. The study was sponsored by the Manufacturing Institute and the National Science Foundation. Data for this study of manufacturing technology use was collected from 1,025 manufacturing plant managers during 1997 using a modified survey questionnaire originally used in the 1993 study.

The findings were: Since the 1993 study, inventory turnover increased, rejection and rework reduced, and cycle time and manufacturing costs decreased; overall, there was measurable improvement in manufacturing since 1993. Other findings were: larger plants use technologies more extensively than smaller plants; exporters use more manufacturing …

An Ethical Argument To Restrict Domestic Partnerships To Same-Sex Couples, James M. Donovan

James M. Donovan

For purposes of this Essay, the preservation of marriage in its present superior status, albeit not necessarily in its present form, constitutes a good. Further, it is a very high good within the hierarchy of values. Within the arena of domestic relations, in fact, there is no higher good. Marriage is the ground from which all other relations in an ordered society spring.

Extremists aside, gays and lesbians desire the right to marry because we value the institution, and we will herein take this state of affairs to be "good." That cannot be overstated. We like marriage, we appreciate what …

Political Liberalism's Tertium Quiddity: Neutral "Public Reason" (Review Of Michael White, Partisan Or Neutral? The Futility Of Public Political Theory, 1997), Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.

Liability Rights As Contingent Claims, Robert D. Cooter

Robert Cooter

No abstract provided.

1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler

Thomas D. Lyon

Report And Recommendations Made By The Panel Of Commissioners Concerning The First Installment Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/1998/7 (2 July 1998).

David D. Caron

No abstract provided.

International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood

Stepan Wood

Nine years ago, Kenneth Abbott published an article exhorting international lawyers to read and master regime theory, arguing that it had multiple uses for the study of international law.1 He went as far as to call for a 'joint discipline" that would bridge the gap between international relations theory (IR) and international law (IL). Several years later, one of us followed suit with an article mapping the history of the two fields and setting forth an agenda for joint research. 2 Since then, political scientists and international lawyers have been reading and drawing on one another's work with increasing frequency …

O Estado De Necessidade Legislativo E As Medidas Provisórias, Ivo T. Gico Jr., Danielle C. Lanius

Ivo Teixeira Gico Jr.

As medidas legislativas de urgência são geralmente motivadas por uma necessidade premente de normatização que não comporta - em tese - o trâmite legislativo normal. O presente trabalho explora a regulação desse Estado de Necessidade Legislativo no Brasil e no Direito Comparado para tentar identificar limites jurídicos à legislação de urgência.

Managed Care, Assisted Suicide And Vulnerable Populations, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.

Fulbright Report Of Organization For Security And Cooperation (Osce) Regional Research Program, David A. Wirth

David A. Wirth

Report on activities conducted with Fulbright support from 1996 to 1997.

The Place Of The Environment In International Tribunals, David D. Caron

David D. Caron

No abstract provided.

Federalism And The Family Reconstructed, Jill Elaine Hasday

Jill Elaine Hasday

No abstract provided.

The Underfunded Death Penalty: Mercy As Discrimination In A Rights Based System Of Justice, Malla Pollack

Malla Pollack

This paper suggests that the relationship between justice and mercy is dependent on the system in which they are operating. [In a rights-based system, one where discrimination is forbidden, mercy is acceptable only when it is a subset of justice. Arbitrary mercy treating like cases in unlike fashion is moral only if individuals have no "right" to equal treatment, i.e., in a duty-based system. This paper begins with moral theory: part I briefly presents other recent philosophical treatments of mercy; part II states a philosophical "Thesis," illustrates it with the leading case of Queen v. Dudley, and explains why Dudley …

Rules Of Engagement, Rebecca Tushnet

Rebecca Tushnet

No abstract provided.