Law Commons^™

The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze

Maryna Koberidze

Dec . 15 : A Day That Changed State History, Ann M. Lousin

Ann M. Lousin

The Macarthur Adjudicative Competence Study: The Development And Validation Of A Research Instrument, Steven Hoge, Richard Bonnie, Norman Poythress, John Monahan

Norman Poythress

Assessment of competence to stand trial is a common evaluation that can have substantial consequences for defendants and the criminal justice system. Despite a voluminous literature, much remains unknown. An obstacle to progress in understanding what is better termed ldquoadjudicative competencerdquo is the absence of structured, standardized research measures for assessment of defendants. This article presents the legal framework, assessment strategy, instrument description, psychometric properties, and construct validation of the MacArthur Structured Assessment of the Competencies of Criminal Defendants (MacSAC-CD). The measures meet or exceed accepted indices of internal consistency, and interscorer agreement. Observed patterns of correlations among measures support …

China Stays Guarded On Foreign Investment In Banking, Nicholas Howson, Lester Ross

Nicholas Howson

No abstract provided.

Regulation And Business Behavior, Neil Gunningham, Robert Kagan

Robert Kagan

Presents an introduction to various articles and issues discussed in the April 1, 2005 issue of the journal "Law and Policy."

The Advocate And The Expert--Counsel In The Peno-Correctional Process, Sanford Kadish

Sanford Kadish

No abstract provided.

Innovation, Investment, And Unbundling, Thomas Jorde, J. Sidak, David Teece

Thomas Jorde

Examines the tradeoff between innovation and mandatory unbundling of telecommunications networks in the United States. Release of the Second Further Notice of Proposed Rulemaking by the Federal Communications Commission; Subjection of telecommunication networks to compulsory sharing among competitors at regulated cost-based rates; Effect of the mandatory unbundling on the incumbent local exchange carrier.

Labor Arbitration And The Law In Utah, Sanford Kadish

Sanford Kadish

No abstract provided.

The Virtues Of Alternatives, Phillip Johnson

Phillip Johnson

No abstract provided.

Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert Maccoun

Robert MacCoun

No abstract provided.

Puzzling Over Children's Rights, John Coons, Robert Mnookin, Stephen Sugarman

John Coons

This Article Discusses the Movement Started in The 1960's to Improve Children's Legal Rights and How They are Treated Under the Law. The Authors Explore the Intellectual Foundations of Our Conventions About Children and Share Some of The Puzzles that They Have Identified. They Discuss When Childhood Begins and Ends, Whether Children are Worse off or Better off Now Than in The Past, and Whether the Purpose of Childhood is Only a Concern of The Present or Is It Preparation for Future Adulthood. They Discuss Children's Entitlements to The Goods of The World in Relation to Their Parents, Other Adults, …

Judicial Review In France, Martin Shapiro

Martin Shapiro

No abstract provided.

Unintended Consequences Of Court Arbitration: A Cautionary Tale From New Jersey, Robert Maccoun

Robert MacCoun

No abstract provided.

Good Selves And Just Wars, John Coons

John Coons

No abstract provided.

Your Right To Privacy: A Selective Bibliography, Sandra Klein

Sandra S. Klein

An awareness of relevant contemporary legal thought in the area of privacy is especially important today in light of what appears to be an increasing hostility to .the notion of individual privacy. The following bibliography considers privacy in terms of concept and application, and should prove useful to scholars, practitioners, and those seeking to gain more knowledge about this very important and complicated area of law.

Hosting Settlement Conferences: Effectiveness In The Judicial Role, Wayne Brazil

Wayne Brazil

No abstract provided.

The False Dichotomy Between Physical And Regulatory Takings Analysis: A Critique Of Tahoe-Sierra's Distinction Between Physical And Regulatory Takings, Andrea Peterson

Andrea Peterson

No abstract provided.

Open Source Drug Discovery: Finding A Niche (Or Maybe Several), Stephen Maurer

Stephen M. Maurer

No abstract provided.

Correspondence Between Self-Report And Interview-Based Assessments Of Antisocial Personality Disorder, Laura Guy, Norman Poythress, Kevin Douglas, Jennifer Skeem

Norman Poythress

Antisocial personality disorder (ASPD) is associated with suicide, violence, and risk-taking behavior and can slow response to first-line treatment for Axis I disorders. ASPD may be assessed infrequently because few efficient diagnostic tools are available. This study evaluated 2 promising self-report measures for assessing ASPD—the ASPD scale of the Personality Diagnostic Questionnaire-4 (PDQ-4; S. E. Hyler, 1994) and the Personality Assessment Inventory (PAI; L. Morey, 1991, 2007)—as well as the ASPD module of the Structured Clinical Interview for DSM–IV Axis II (SCID-II; M. B. First, R. L. Spitzer, M. Gibbon, J. B. W. Williams, & L. S. Benjamin, 1997). The …

Starr, Singleton, And The Prosecutor's Role, David Sklansky

David A Sklansky

This article discusses the lessons contained in States v. Singleton and the system that has been adopted for investigating and prosecuting high executive officers. After describing Singleton and the tumult it triggered in Part I of this Article, Part II returns to the Starr Referral and poses a question that may at first seem idle: what distinguishes Starr's promises to Lewinsky in exchange for her testimony from the efforts he charges the President made to help find her a job? Part III of the Article broadens the focus. It argues there has been a general failure to think rigorously about …

Crime And Prejudice: The Use Of Character Evidence In Criminal Trials, Joel Schrag, Suzanne Scotchmer

Suzanne Scotchmer

The task of juries is to dispense ex post justice. While justice requires convicting the guilty and acquitting the innocent, the evidence usually cannot distinguish with certainty. We argue that the jury will be more lenient in acquittals than is optimal for deterring crime whenever its subjective cost of wrongful convictions is at least as high as its subjective cost of wrongful acquittals. However if the jury is prejudiced against habitual criminals, its subjective cost of wrongful convictions will be relatively low, and then the jury may impede deterrence by its punitiveness rather than by its lenience. We investigate whether …

Corruption, Freedom And Equality In Campaign Financing, Martin Shapiro

Martin Shapiro

No abstract provided.

Socio-Legal Dynamics Of Aids: Constructing Identities, Protecting Boundaries Amidst Crisis, Michael Musheno

Michael Musheno

No abstract provided.

Judgment, Philippe Nonet

Philippe Nonet

No abstract provided.

The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman

Stanley Lubman

No abstract provided.

Some Observations On The Use Of Criminal Sanctions In Enforcing Economic Regulations, Sanford Kadish

Sanford Kadish

No abstract provided.

Mentally Ill And Non-Mentally Ill Defendants' Abilities To Understand Information Relevant To Adjudication: A Preliminary Study, Steven Hoge, Norman Poythress, Richard Bonnie, Marlene Eisenberg

Norman Poythress

The legal construct of competence to stand trial, or “adjudicative competence,” is based on the premise that some mentally disordered defendants have impaired abilities when compared with most defendants and that adjudication should be barred if these competence-related abilities are significantly impaired. Where the line is drawn between sufficient and insufficient abilities has important consequences: as a result of being adjudicated incompetent, defendants may be detained and treated involuntarily and their trials will be delayed. However, no studies have systematically compared the capacities of relevant groups of defendants. In this studv. 84 criminal defendants—42 of whom were hospitalized as incompetent …

Trying To Have It Both Ways: Local Discretion, Central Control, And Adversarial Legalism In American Environmental Regulation, Robert Kagan

Robert Kagan

Compared to their counterparts abroad, US environmental regulatory regimes provide stronger rights of public participation, broader access to information concerning regulatory compliance, and easier access to the courts. These national differences are attributed to differences in governmental structure and in how regulatory responsibility is allocated among levels of government. The distinctive modes of fragmenting and checking governmental authority are cited to explain the characteristics of US environmental regulation: more detailed and complex legal requirements, and more protracted permitting processes. These procedural problems, it is argued, are not the inevitable consequences of federalism, but rather the desire to allow local and …

Abortion/Reproductive Rights, Sandra Klein

Sandra S. Klein

The issue of a woman's right to choose whether or not to continue with a pregnancy has proven to be complicated for many reasons, not the least of which is the implications for a person's right to do with her body as she sees fit. The bibliography that follows provides the researcher with an in depth look at this issue, with an emphasis on the privacy aspects.

Sanction, Philippe Nonet

Philippe Nonet

No abstract provided.