Law Commons^™

The Latest Misfires In Support Of The ‘More Guns, Less Crime’ Hypothesis, John Donohue, Ian Ayres

John Donohue

No abstract provided.

Shooting Down The ‘More Guns, Less Crime’ Hypothesis, John Donohue, Ian Ayres

John Donohue

No abstract provided.

The Latest Misfires In Support Of The ‘More Guns, Less Crime’ Hypothesis, John Donohue, Ian Ayres

Ian Ayres

No abstract provided.

The Poor And Tax Compliance: One Size Does Not Fit All, Leslie M. Book

Leslie Book

This article examines the scope of the low income taxpayers' compliance problem. It also reveals why in a period of remarkably low levels of government tax compliance activity, the IRS compliance effort toward lower-income taxpayers has been particularly vigorous. The article examines in greater detail noncompliance with respect to the earned income tax credit, and, building on the work of sociologists Robert Kidder and Craig McEwen, explores the likely causes of the high levels of noncompliance. The article examines some of the policy implications of noncompliance among lower-income taxpayers. In particular, it argues that the government is not vigilant enough …

The Uniform Commercial Code Survey: Introduction, Russell A. Hakes, Stephen L. Sepinuck, Robyn L. Meadows

Robyn L Meadows

No abstract provided.

Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin

Robyn L Meadows

No abstract provided.

The Tell-All Hurler: Jim Bouton And "Ball Four", Mitchell J. Nathanson

Mitchell J Nathanson

This chapter examines whether the information released within Bouton's "Ball Four" constituted legally protectable infomation and whether Major League Baseball (MLB) could have sought legal recourse as a result of the release of the book. This chapter concludes that while the "secrets" revealed by Bouton most likely did not constitute trade secrets, they may nevertheless still have been protectable under a lesser classification of commercial information. As such, MLB may have been able to pursue a case against Bouton for a possible breach of his fiduciary duty of loyalty to his employer.

1. American Psychological Association, National Association Of Counsel For Children, American Professional Society On The Abuse Of Children, And California Professional Society On The Abuse Of Children In Support Of Respondent. Stogner V. California., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.

Mechanisms For Addressing Third Party Impacts Resulting From Voluntary Water Transfers, Vernon L. Smith, James J. Murphy, Ariel Dinar, Richard E. Howitt, Erin Mastrangelo, Stephen Rassenti

Vernon L. Smith

This paper uses laboratory experiments to test alternative water market institutions designed to protect third party interests. The institutions tested include taxing mechanisms that raise revenue to compensate affected third parties and a market in which third parties actively participate. The results indicate that there are some important trade-offs in selecting a policy option. Active third party participation in the market is likely to result in free riding that may erode some or all of the efficiency gains, and may introduce volatility into the market. Taxing transfers and compensating third parties offers a promising balance of efficiency, equity and market …

How Relevant Is Jury Rationality?, David A. Hoffman

David A Hoffman

This essay reviews "Punitive Damages: How Juries Decide" by Cass Sunstein, et al. The book provides a good example of a recent trend: the use of behavioralist research to justify surprisingly paternalistic legal reforms. While critics of behavioralism often contend that its theoretical foundations are weak, this approach is unlikely to prove an effective rejoinder in the new debate about what kinds of paternalism are made permissible by human "irrationality". A better approach: (1) notes the lack of a nexus between behavioralism and the supposed emergent necessity of paternalist reforms; and (2) suggests that juror unwillingness to apply cost-benefit formula …

Professor Defend Thyself: The Failure Of Universities To Defend And Indemnify Their Faculty, Kevin Oates

Kevin P. Oates

University professors going about their daily activities of teaching, researching, and writing rarely consider the possibility of being sued. To the extent that the concept of potential liability does cross their minds, educational professionals undoubtedly comfort themselves in the realization that since their activities are job-related, the school that employs them is obligated to provide a defense and indemnity in any suit stemming from those activities. Given the ever-increasing litigious nature of American society, the instances of college faculty members being sued are likely to increase. The American Association of University Professors (AAUP) has recognized this trend. With an increase …

Anthropology & Law, James M. Donovan, H. Edwin Anderson

James M. Donovan

This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems.

The Death Of Roy Lee Centers, Kenneth D. Tunnell, Terry C. Cox

Kenneth Tunnell

"Be it remembered." A simple command yet, in this case, an introduction spoken by the judge in the Breathitt County, Ky., trial of William (Bill) R. Hurst, who killed Roy Lee Centers, a native of Jackson, Kentucky

The Final Bullet In The Body Of The More Guns, Less Crime Hypothesis, John Donohue

John Donohue

No abstract provided.

‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

Technique: A Legal Method To The Madness—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Extract From Stephen B. Presser & Jamil S. Zainaldin's Law And Jurisprudence In American History, Seth Barrett Tillman

Seth Barrett Tillman

This contains an extract from Stephen B. Presser & Jamil S. Zainaldin's Law and Jurisprudence in American History (5th ed. 2003).

[October 28, 2010]

Application Of An Extended Collective Licensing Regime In Canada: Principles And Issues Related To Implementation, Daniel J. Gervais

Daniel J Gervais

The report examines the advantages, disadvantages and constraints of using an extended collective license in Canada (or extended repertoire) and concludes that the system would make sense in some areas. The use of this system in other countries is discussed.

La Captura Del Agente Regulador, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Liberal Hegemony? School Vouchers And The Future Of The Race, Harry G. Hutchison

Harry G. Hutchison

More than a decade ago, Professor Girardeau Spann revealed that the Supreme Court had become unreceptive to legal claims brought by, or on behalf of, racial minorities. Paradoxically, the Court's recent decision affirming the constitutionality of school vouchers as part of a program to provide improved educational opportunities to largely black children in a failed school district, implies that the "liberal" minority of the Court may be inclined to preclude programs which might protect and nurture minority interests in a first-rate as opposed to simply a public education. Whether the liberal wing of the Court is correct or incorrect, their …

The Dead Poets Society: The Copyright Term And The Public Domain, Matthew Rimmer

Matthew Rimmer

In a victory for corporate control of cultural heritage, the Supreme Court of the United States has rejected a constitutional challenge to the Sonny Bono Copyright Term Extension Act 1998 (U.S.) by a majority of seven to two. This paper evaluates the litigation in terms of policy debate in a number of discourses - history, intellectual property law, constitutional law and freedom of speech, cultural heritage, economics and competition policy, and international trade. It argues that the extension of the copyright term will inhibit the dissemination of cultural works through the use of new technologies - such as Eric Eldred's …

Albert Namatjira: Copyright Estates And Traditional Knowledge, Matthew Rimmer

Matthew Rimmer

Albert Namatjira was Australia's first Indigenous professional artist. He adapted Western-style painting to express his cultural knowledge of the Arrernte country, for which he was a traditional custodian. In his lifetime, Albert Namatjira achieved great acclaim for his exceptional ability as an artist. However, after his untimely death, he was ignored by the mainstream Australian art world, because of the aesthetic prejudices and social policies of the time. A recent exhibition entitled Seeing the Centre: The art of Albert Namatjira (1902-1959) curated by Alison French has sought to redress this neglect, and provide a retrospective of his work.The exhibition has …

Regulation And Rights In Networked Space, Andrew D. Murray

Professor Andrew D Murray

The Internet is often described as inherently free from regulation; a space where freedoms and liberties are guaranteed by the design of the network environment. The naivety of this view has, however, been exposed by commentators such as Andrew Shapiro, Joel Reidenberg and Lawrence Lessig who have clearly demonstrated the inherent regulability of networked space. The question no longer is: can networked space be regulated? But rather: how and by whom is it regulated? This paper examines the regulation of rights in networked space. In seeking to address this issue, property rights and rights to free speech, or free expression, …

Satellite Digital Audio Radio Searching For Novel Theories Of Action, Daniel H. Erskine

Daniel H. Erskine

Satellite radio may be becoming increasingly popular, but there is a little known drawback to the technology: it interferes with many existing wireless networks in place, such as cellular telephone service. This article looks at the legal implications that this interference causes and what kind of liability satellite operators like Sirius and XM Radio may face. Erskine includes a detailed description of how satellite radio operates and in turn describes how this operation causes the disruption. He then moves into a discussion of the current law surrounding the technology and different theories of liability, including tort theories. His approach is …

Materiality Of Disclosures: Learned Hand Is Misconstrued In His Own Circuit (Formerly Entitled A Virus In The Circuit...), Graydon S. Staring

Graydon S. Staring

The misreading years ago of an opinion by Learned Hand turned the rule of materiality of disclosure in marine insurance on its head and the frequent uncritical citation of of that reading causes the error, like the Melissa virus to crawl through later decisions.

Construction Producers’ Joint And Several Liability Under Kuwaiti Civil Code’S Decennial Guarantee Provisions, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

Treating Yourself Instrumentally: Internalization, Rationality And Law, Robert D. Cooter

Robert Cooter

No abstract provided.

"Lifestyle" Discrimination In Employment, Stephen D. Sugarman

Stephen D Sugarman

This article examines instances in which employers fire or refuse to hire workers because of their conduct off of the job (their lifestyle). It explores employer reasons for such practices and considers employee objections on the basis of their privacy rights. Then it considers a range of legal protection that is or might be given to protect employees from such discrimination.

The Law And Economics Of Anthropology: A Review , Robert D. Cooter

Robert Cooter

No abstract provided.

National Legal Research Teach-In Celebrates 10 Years Of Success, Gail A. Partin

Gail A. Partin

No abstract provided.