Law Commons^™

A Community In Transition: The Biharis In Bangladesh, Abu Noman Mohammad Atahar Ali, Et Al

Abu Noman Mohammad Atahar Ali

Contributed articles; with reference to political and social history of Bihari (South Asian people) of Bangladesh

Determinantes Explícitos E Implícitos De La Deuda Externa Pública Peruana, José Manuel Martin Coronado

José-Manuel Martin Coronado

This research aims to prove that sound economic policies are nothing more that basic conditions for the foreign public debt problem. In fact, by studying the factors of public debt issues in Peru, Latin America and the emerging economies it’s clear that some implicit economic and non-economic factors have to be considered because of the social complexity and variable characteristics in emerging economies. This causes failures in economic policies assumptions, inefficiencies, distorted causality and nonrational behavior. This paper proposes, first, to perform a deep and comparative analysis of the foreign debt determinants in emerging economies, then, to allocate financial resources, …

Direito Da Concorrência: A Vez Da Sociedade, Carlos Emmanuel Joppert Ragazzo

carlos ragazzo

No abstract provided.

Extensión De Quiebra Y Socios Ilimitadamente Responsables, Carlos Molina Sandoval

Carlos Molina Sandoval

La extensión de quiebra a los socios con responsabilidad ilimitada ha sido el típico e inveterado supuesto concebido ya desde la sanción del Cód. Com. (arts. 1530, Cód Com. de 1.880; 1384, Cód Com. de 1.889; 4, ley 4156; 6, ley 11.719, y 164, ley 19.551). En esencia, importa la declaración de quiebra de los socios con responsabilidad ilimitada en caso de que la sociedad sea declarada en quiebra. Básicamente los presupuestos son: i) declaración de quiebra de la sociedad; ii) existencia de socios con responsabilidad ilimitada. En el presente trabajo se analizan los distintos aspectos del supuesto previsto en …

Cross-Border Outsourcing: U.S. International Tax Pitfalls, Pratfalls, And Opportunities, Anthony C. Infanti

Anthony C. Infanti

During the past decade, there has been a surge in outsourcing by businesses both in the United States and abroad. In the face of this surge in outsourcing as well as the trend toward outsourcing activities that come closer and closer to a business' "core," some commentators have underscored the need for businesses to make an educated decision about whether and what to outsource. This article, which, as its title indicates, is particularly concerned with cross-border outsourcing, is written in the same vein. It provides a non-exhaustive examination of the myriad of circumstances under which a decision to outsource the …

Controlling Organized Crime And Corruption In The Public Sector , Edgardo Buscaglia

Edgardo Buscaglia

Organized crime and corruption are shaped by the lack of strength of the control mechanisms of the State and civil society. The results presented in the present article attest to the links between the growth of organized crime and that of corruption in the public sector in a large number of countries. The two types of complex crime reinforce each other. To identify and isolate the influential factors behind the growth of corruption in the public sector and organized crime, the present article presents and analyses qualitative and quantitative information on a large sample of countries and territories representing worldwide …

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

Francine J. Lipman

Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities.

In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage …

La Necesidad De Tipificar Las Infracciones A La Constitución De Los Altos Funcionarios Públicos, Daniel Soria Luján

Daniel Soria Luján

No abstract provided.

Fisheries In Sundarbans: Problems And Prospects, Ganesh Chandra, R L. Sagar

Ganesh Chandra

Sundarbans, the largest delta on the planet earth is famous for its marine and estuarine fish resources. A large population is dependent on fishery activity and capture fisheries is treated as the backbone of Sundarban economy. Sundarban boast around 172 species of fishes, 20 species of prawn and 44 species of crabs including two edible crabs. But fisheries in Sundarbans faces some difficult problems which have an impact on the biodiversity, sustainability and livelihood of fish resources and fisher folk viz. shrinking tiger prawn population, indiscriminate fish seed collection, lack of post harvest and other infrastructures, natural calamities such as …

Whom Are We Teaching? Members Of Communities, Lisa A. Tucker

Lisa T. McElroy

No abstract provided.

¡Adiós Mi Buenos Aires Querido! El Futuro De Las Sociedades Extranjeras Registradas En La Ciudad Autónoma De Buenos Aires. ¿Oportunidades Para Santa Fe?, Maximiliano Marzetti

Maximiliano Marzetti

No abstract provided.

The Camel's Nose Is In The Tent: Rules, Theories And Slippery Slopes, Mario Rizzo, Glen Whitman

Mario Rizzo

The authors provide a general theory for understanding and evaluating slippery slope arguments (SSAs) and their associated slippery slope events (SSEs). The central feature of the theory is a structure of discussion within which all arguments take place. The structure is multi-layered, consisting of decisions, rules, theories,and research programs. Each layer influences and shapes the layer beneath: rules influences decisions, theories influence the choice of rules, and research programs influence the choice of theories. In this structure, SSAs take the form of meta-arguments, as they purport to predict the future development of arguments in this structure. Evaluating such arguments requires …

Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer

Matthew Rimmer

This article examines the legal responses to protect traditional knowledge of biodiversity in the wake of the Rio Convention on Biological Diversity. It considers the relative merits of the inter-locking regimes of contract law, environmental law, intellectual property law, and native title law. Part 1 considers the natural drug discovery industry in Australia. In particular, it looks at the operations of Amrad, Astra Zeneca R & D, and the Australian Institute of Marine Science. This section examines the key features of the draft regulations proposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - model contracts, informed consent, …

The Myth Of Notice Pleading, Christopher M. Fairman

Christopher M Fairman

No abstract provided.

Defining Religion, James M. Donovan

James M. Donovan

The charge of this essay was to review definitional trends of "religion." Four major types were discussed: content, behavior, mental, and functional. While each type has considerations that suggest its relevance, all are incomplete when examined in isolation. Consequently, two approaches combining these types were briefly discussed: conjunctive and generative. Judging the former inferior to the latter, it was suggested that only the functional definitions are capable of being truly generative. The most inclusive definition of religion, therefore, will be one that is generative functional. Clues as to what such a definition might look like are found first in the …

Hand, Posner, And The Myth Of The "Hand Formula", In Symposium, Negligence In The Law, Richard W. Wright

Richard W. Wright

There is a striking incongruence between the discussions of negligence in the legal literature, including the American Law Institute's Restatement of Torts, and the understandings of ordinary people and the actual practice of the courts. The legal literature generally assumes that an aggregate-risk-utility test is employed to determine whether conduct was reasonable or negligent. This test was invented by legal academics and inserted in the first Restatement during the first part of the twentieth century, although, as recent studies all conclude, it had almost no support in the cases prior to its adoption in the Restatement and for several decades …

The Grounds And Extent Of Legal Responsibility, In Symposium, What Do Compensatory Damages Compensate?, Richard W. Wright

Richard W. Wright

This article identifies and discusses the three principal limitations on the extent of legal responsibility for tortiously caused harm and explains and justifies them by reference to the principle of interactive justice, which holds one legally responsible for causing (or being imminently about to cause) harm to another's person or property as a result of conduct that is inconsistent with others' right to equal freedom. The three principal limitations prevent liability for a tortiously caused harm when (1) the harm almost certainly would have occurred anyway in the absence of any tortious conduct or condition (the "no worse off" limitation), …

The Confluence Of Justice And Efficiency In The Economic Analysis Of Law, Robert D. Cooter

Robert Cooter

Value in economics is usually measured by price (the market tradition). This essay explores the relationship of price and satisfaction to corrective and distributive justice in law. I contend that corrective justice is relevant to all law. Corrective justice and efficiency converge in social norms, that evolve to coordinate behavior. Distributive justice, in contrast, is relevant to some bodies of law and irrelevant to many others, including private law.

Muting Gideon's Trumpet: Pricing The “Right To Counsel” In Minnesota Courts, Peter Erlinder

C. Peter Erlinder

No abstract provided.

Book Review: Principles Of European Union Law, Lee F. Peoples

Lee Peoples

No abstract provided.

The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais

Daniel J Gervais

he paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. This paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …

Vectoral Federalism, Scott Dodson

Scott Dodson

In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups. Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps …

Dignity: The New Frontier Of State Sovereignty, Scott Dodson

Scott Dodson

Few constitutional doctrines have had as turbulent a history as state sovereign immunity, the right of a state to refuse to appear as a defendant in court. The Court has, until recently, avoided a full explanation of the reason for immunizing states from certain suits. But in the 2002 decision Federal Maritime Commission v. South Carolina State Ports Authority, the Court asserted that the preeminent purpose of state sovereign immunity is to accord States the dignity that is consistent with their status as sovereign entities. This “dignity rationale” lacks substantial justification and is untethered to any limiting principles. Given that, …

Franklin Barley: Patent Law And Plant Breeders' Rights, Matthew Rimmer

Matthew Rimmer

Section 1031 And Proximate And Midstream Business Transactions, Brad Borden

Bradley T. Borden

Section 1031 exchanges frequently occur in proximity to business transactions (i.e., entity formations, mergers, divisions, and dissolutions). Although section 1031 exchanges and many business transactions can be tax free, the proximity of such transactions often presents challenging legal and theoretical questions. In fact, depending on the order of the transactions, taxpayers may lose the tax-free treatment of the exchange or of the proximate business transaction. This Article examines the tax consequences and theoretical aspects of section 1031 exchanges and proximate business transactions.

Free At Last From Obscurity: Clarity—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Errant E-Mail: Inadvertant Disclosure Of Confidential Material Poses Dilemma, Barry R. Temkin

Barry R. Temkin

Lawyers must excercise diligence to protect the confidentiality of privileged client materials. Lawyers who mistakenly press the "send" button on their computers or "reply to all" may find that they inadvertently disclosed confidential material to adversaries -- or the public. The recipient of such inadvertently sent confidential materials may have a duty to alert an adversary to the mistaken disclosure, depending on the precautions taken to preserve privilege, and whether there is evidence of a conscious or reckless waiver of the privilege.

Building A Direct Marketing Bridge To High Achieving Students: Introducing A Cost Effective Financial Aid Leveraging Model, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

No abstract provided.

Political And Legal Governance Under The Judicial Reform: A Case Study On Basic-Level Political And Legal Committee（司法改革背景下的政法治理方式——基层政法委员会制度个案研究）, Meng Hou

Hou Meng

No abstract provided.

Reconstructing The Software License, Michael J. Madison

Michael J. Madison

This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in general, the article argues that none of the grounds on which software licensing in general rests are sound. With respect to open source software in particular, the article concludes that achieving a legitimate institutional form for the goals that open source proponents have set for themselves may require looking beyond licensing as such.