Law Commons^™

Tracing, Peter B. Oh

Peter B. Oh

No abstract provided.

Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson

Vera Bergelson

This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed. Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …

It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson

Vera Bergelson

"It's Personal But Is It Mine? Toward Property Rights in Personal Information" discusses the disturbing erosion of privacy suffered by the American society in recent years due to citizens' loss of control over their personal information. This information, collected and traded by commercial enterprises, receives almost no protection under current law. I argue that, in order to protect privacy, individuals need to secure control over their information by becoming its legal owners. In this article, I confront two fundamental questions that have not been specifically addressed in the privacy literature before: why property is the most appropriate regime for regulating …

Advancing Diversity At The University Of California, Berkeley Under Proposition 209, Christopher Edley

Christopher Edley

No abstract provided.

Copyright And Breathing Space, Joseph Liu

Joseph P. Liu

Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García

Bruno L. Costantini García

Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Carole Silver

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …

Requests, Commands Lost In Translation, Timothy O'Neill

Timothy P. O'Neill

Keynote Speaker, Detention Reform And Girls: Challenge And Solutions, Francine Sherman

Francine T. Sherman

No abstract provided.

The Legal Framework Surrounding Digital Rights Management Technologies, Joseph Liu

Joseph P. Liu

Of The Unequals Of Uruguay, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.

Interview With Mahmoud Akkam, Syria, Marcel Stuessi

Marcel Stüssi

This is a previously unpublished interview with Mahmoud Akkam, Mufti of Aleppo, Syria

Single Subject Rules And The Legislative Process, Michael D. Gilbert

Michael D. Gilbert

Despite generating thousands of cases on important public issues, the single subject rule remains a source of uncertainty and inconsistency. The root of the problem lies in the inability to define the term "subject" using legal doctrine. This paper reexamines the single subject rule through the lens of public choice theory and finds that its purposes are wrongheaded. Logrolling is not necessarily harmful, and improving political transparency requires legislative compromises to be packaged together rather than spread across multiple acts. Riding is not a form of logrolling but an analytically distinct and more threatening practice. This analysis yields a precise, …

Historical Property Rights, Sociality, And The Emergence Of Impersonal Exchange In Long-Distance Trade, Vernon Smith, Erik Kimbrough, Bart Wilson

Vernon L. Smith

This laboratory experiment explores the extent to which impersonal exchange emerges from personal exchange with opportunities for long-distance trade. We design a three-commodity production and exchange economy in which agents in three geographically separated villages must develop multilateral exchange networks to import a third good only available abroad. For treatments, we induce two distinct institutional histories to investigate how past experience with property rights affect the evolution of specialization and exchange. We find that a history of un-enforced property rights hinders our subjects' ability to develop the requisite personal social arrangements necessary to support specialization and effectively exploit impersonal long-distance …

O Mercado De Capitais E O Desenvolvimento Econômico E Social, Luiz Rafael De Vargas Maluf

Luiz Rafael de Vargas Maluf

Este trabalho tem por objetivo apresentar ao leitor a importância dada ao mercado de capitais para o desenvolvimento econômico, assim como o bem estar social da nação que pode ser conseguido através de investimentos nesta área. Ao longo das próximas páginas será demonstrado brevemente a repercussão histórica do mercado de capitais para a economia brasileira nas últimas décadas, sendo posteriormente vista a sua importante relação para o desenvolvimento econômico-social do país. Por último serão trazidos alguns questionamentos e sugestões de possíveis iniciativas a serem adotadas para o seu crescimento em geral, desmistificando muitos conceitos criados ao longo dos últimos anos, …

Marine Insurance Law: Six Recent Books And Some Questions About Reform, Graydon S. Staring

Graydon S. Staring

This essay and book review starts with brief history of the remakably prolific publication of books on marine insurance law. It continues with reviews of five such books, and one on perceptions of insurance more generally, published 2004-2006, and closes with a further essay on the controversial proposals for reform discussed in the books.

Digital Media & Intellectual Property: Management Of Rights And Consumer Protection In A Comparative Analysis, Nicola Lucchi

Nicola Lucchi

Digital Media & Intellectual Property is a comparative research that analyzes the legal and tecnological emerging issues in the Intellectual Property Rights arena. The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media. It describes the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular, the author analyzes the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe, and …

The Death Penalty: America's "Relentless Judicial Machine", Andrew A. Hammel

Andrew A Hammel

This is a review of Professor David Dow's 2005 book Executed on a Technicality

The Waiter At The Party: A Parable Of Ecosystem Management In The Everglades, Alfred R. Light

Alfred Light

No abstract provided.

“The (Cisg) Road Less Travelled”: Grecon Dimter Inc. V. J.R. Normand Inc., Antonin I. Pribetic

Antonin I. Pribetic

This case comment discusses two recently released Canadian decisions on the enforceability of arbitration clauses from the perspective of the United Nations Convention on Contracts for the International Sale of Goods 1980 CISG). At first glance, the Supreme Court of Canada's decision in GreCon Dimter Inc. v. J.R. Normand Inc. appears to be a case upholding the primacy of international commercial arbitration, choice of forum and choice of law clauses. Upon closer scrutiny, however, the Supreme Court of Canada failed to consider the application of the CISG to the overall dispute. Interestingly, the same choice of forum and choice of …

Either Ombudsman Or Consumer Court-Bank Customers Have A Choice!, Gopala Krishna Vavilala, Aparna Meduri

Aparna Meduri

Consumer grievances in banking services originate from the breach of contractual and non-contractual obligations of banks. While consumer courts are empowered to deal with deficiency of service arising out of contractual obligations, Ombudsman is positioned as an additional and distinct redressal forum to deal with both contractual and non-contractual breaches of expected performance by the banks. Most of the non-contractual breaches of expected performance by the banks. Most of the non-contractual obligations of banks are created by the customer service guidelines of the Reserve Bank of India (RBI). This paper attempts to evaluate the relative efficacies of institutional mechanisms of …

Kerala Samsthana Chethu Thozhilali Union Vs. State Of Kerala And Others, Aparna Meduri

Aparna Meduri

No abstract provided.

Silencing Human Rights In The Clash Of Arms? Israel’S Official Policy Of “Targeted Killings”—A Dark Side In Fighting Terrorism, Jackson N. Maogoto

Jackson Nyamuya Maogoto

There is no act to which the law does not apply in as far as it is a matter falling within the purview of the law and the law takes a position as to whether it is permitted or forbidden. Where there are legal norms there are also legal standards to implement the norms. When a democracy fights terrorism the law cannot be presumed to be silent. International human rights law applies equally in war and in peace, and covers all classes of people at all times, and under all circumstances. The wide and sweeping notion of national security should …

Análise Do Instituto Da Fraude À Execução Segundo A Jurisprudência Predominante Do Superior Tribunal De Justiça, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

The Changes Of Knowledge In Contemporary Chinese Legal Theory(当代中国法学理论学科的知识变迁), Meng Hou

Hou Meng

No abstract provided.

The Economics Of Labor And Employment Law, John Donohue

John Donohue

No abstract provided.

The Discretion Of Judges And Corporate Executives: An Insider’S View Of The Disney Case, John J. Donohue

John Donohue

The widely publicized Disney case is perhaps the most important corporate law litigation in many decades. The case illustrates the immense discretion in the hands of trial judges in Delaware Chancery Court to let their passive corporate law ideology determine the outcome even in cases of egregious management neglect. Unfortunately, as managers, not shareholders, are the ones who decide where to incorporate and Delaware—the state of choice—depends on incorporation revenues to feed its coffers, too often this discretion is exercised to protect management at shareholder expense.

The Best Puffery Article Ever, David A. Hoffman

David A Hoffman

This Article provides the first extensive legal treatment of an important defense in the law of fraud and contracts: puffery. Legal authorities commonly say they make decisions about whether defendants should be able to utter exaggerated, optimistic, lies based on assumptions about buyer behavior, concluding that consumers do not rely on such speech. However, as the Article shows, such analyses are proxies for a deeper analytical question: does the speech encourage or discourage a type of consumption activity that the court deems welfare maximizing? The Article presents a novel constitutional analysis of puffery doctrine that focuses on the meaning of …

Note: Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson

Brandon N. Robinson

For decades, the famous school desegregation case of Brown v. Board of Education and its progeny have supported the notion that a State may not constitutionally require [racial] segregation of public facilities. Indeed, with regard to state-mandated racial segregation, the doctrine of separate but equal has long been considered dead and buried. In February 2005, however, the Supreme Court of the United States in Johnson v. California curiously reopened the segregation question by replacing the post-Brown ban on racial segregation with the strict scrutiny standard of review afforded to all other racial classifications, thereby muddying the once clear doctrinal waters. …

Debate, The Obviousness Requirement In The Patent Law, R. Polk Wagner, Katherine J. Strandburg

Katherine J. Strandburg

In this debate, Professor R. Polk Wagner, of Penn, and Professor Katherine J. Strandburg, of DePaul University College of Law, consider the merits (and demerits) of one doctrinal approach to the so-called "obviousness" requirement in patent law--the "teaching, suggestion, or motivation" (TSM) test. In Wagner's view, "even with its imperfections, the law and policy of the TSM analysis, done right, offers the best opportunity to bring predictability, transparency, and rigor to what is, at the end of the day, the enormously difficult task of quantifying what the patent law rewards as invention." For reasons she explains, Strandburg maintains that "the …