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Articles 1 - 30 of 72
Full-Text Articles in Law
Innovation, Investment, And Unbundling, Thomas Jorde, J. Sidak, David Teece
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.
From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Hollinger
From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Hollinger
Joan Hollinger
No abstract provided.
Cocaine, Race, And Equal Protection, David Sklansky
Cocaine, Race, And Equal Protection, David Sklansky
David A Sklansky
No abstract provided.
Legal And Tax Incidents Of Compulsive Behavior: Lessons From Zarin, Babette Barton
Legal And Tax Incidents Of Compulsive Behavior: Lessons From Zarin, Babette Barton
Babette Barton
Focuses on the implication of Zarin v. Commissioner on legal dispensation of compulsive gambling behavior in the United States. Need of legislation for legal accommodation of compulsive behavior; Cancellation of debts due to insolvency; Use of single transaction doctrine in justifying cancellation of debt.
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson, C. Dienes, Michael Musheno
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson, C. Dienes, Michael Musheno
Michael Musheno
Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be followed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi-experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through intensive "microanalysis" …
How Much Does Law Matter - Labor Law, Competition, And Waterfront Labor Relations In Rotterdam And U.S. Ports, Robert Kagan
How Much Does Law Matter - Labor Law, Competition, And Waterfront Labor Relations In Rotterdam And U.S. Ports, Robert Kagan
Robert Kagan
In both the Netherlands & the US, law has helped rationalize the hiring of port labor & provide dockworkers greater security. However, US longshoremen have captured a larger share of the productivity gains flowing from the mechanization of cargo handling than have Dutch dockworkers. At the same time, the constraints imposed by US longshore unions have made container terminals in the US less efficient & more costly to users, as compared to Rotterdam terminals. These differences can in part be explained by US labor law, which encourages a more adversarial, self-seeking union posture than does the labor law structure in …
Breaking The Ice: The Canadian-American Dispute Over The Arctic's Northwest Passage, Nicholas Howson
Breaking The Ice: The Canadian-American Dispute Over The Arctic's Northwest Passage, Nicholas Howson
Nicholas Howson
No abstract provided.
Civil Discovery: How Bad Are The Problems, Wayne Brazil
Civil Discovery: How Bad Are The Problems, Wayne Brazil
Wayne Brazil
Discusses problems exposed by the way pre-trial discovery is working in civil litigation in the United States. Experiences and complaints of lawyers, judges and legal scholars in the legal system; Role played by the courts in the discovery arena.
Educational Choice And The Courts: U.S. And Germany, John Coons
Educational Choice And The Courts: U.S. And Germany, John Coons
John Coons
No abstract provided.
Social, Cultural, And Temporal Dynamics Of The Aids Case Congregation: Early Years Of The Epidemic, Kriss Drass, Peter Gregware, Michael Musheno
Social, Cultural, And Temporal Dynamics Of The Aids Case Congregation: Early Years Of The Epidemic, Kriss Drass, Peter Gregware, Michael Musheno
Michael Musheno
The article looks at how social and cultural factors shape judicial decisions, with respect to the AIDS epidemic in the United States, with reference to the early years of the epidemic from 1983-1989. The temporal analysis of the opinions of AIDS related cases suggests the emergence of more than one AIDS case congregation, by the end of the 1980s among reported cases. The initial construction of AIDS as a gay disease mobilized gay activists, including gay rights litigators who saw up close the problems that White gay people with AIDS faced in the workplace, housing, and health care. The activists …
Lawyers As Advocate In Public Health Practice, Joan Mcnamara, Janice Carson, Stephen Bundy, Marice Ashe
Lawyers As Advocate In Public Health Practice, Joan Mcnamara, Janice Carson, Stephen Bundy, Marice Ashe
Stephen Bundy
Focuses on the role of lawyers as advocates in the administration of public health. Discussion of the roles of legal counsel to public health agencies; Impact of lawyers on the formation of public health laws and policies; Description of the role of legal counsel in public health administration in San Diego, California, and South Bend, Indiana, and across the U.S.; Aspect of professional ethics in the role of lawyers in public health advocacy.
Remarks On Acceptable Cooperation Among Competitors In The Face Of Growing International Competition, Thomas Jorde
Remarks On Acceptable Cooperation Among Competitors In The Face Of Growing International Competition, Thomas Jorde
Thomas Jorde
Presents the text of the speech given by Thomas M. Jorde, a professor of law, during the 37th Annual Meeting of the American Bar Association Section of Antitrust Law on August 6–9, 1989 in Honolulu, Hawaii, about competition.
Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David Sklansky
Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David Sklansky
David A Sklansky
No abstract provided.
The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman
The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman
Stanley Lubman
I first survey the development and current state of the field by reviewing American scholarship on some major areas of Chinese law from those early days up to the present. Then, against this background, I comment on the current scene and address the challenges that Chinese law continues to present to Western attempts at understanding China.
Rule Of Reason Analysis Of Horizontal Arrangements: Agreements Designed To Advance Innovation And Commercialize Technology, Thomas Jorde, David Teece
Rule Of Reason Analysis Of Horizontal Arrangements: Agreements Designed To Advance Innovation And Commercialize Technology, Thomas Jorde, David Teece
Thomas Jorde
Articulates the procompetitive and efficiency reasons in the cooperation of competitors in the U.S. Outline of the application of the rule of reason analysis to horizontal arrangements; Agreements to advance innovation and commercialize technology; Importance of innovation to social welfare.
Riding The Wave: Confronting Jurisdictional And Regulatory Barriers To Ocean Energy Development, Danielle Murray, Christopher Carr, Jennifer Jeffers, Alejandra Núñez-Luna
Riding The Wave: Confronting Jurisdictional And Regulatory Barriers To Ocean Energy Development, Danielle Murray, Christopher Carr, Jennifer Jeffers, Alejandra Núñez-Luna
Jennifer M. Jeffers
This Article provides a brief history of wave energy development, examines the status of hydrokinetic projects undertaken at a state and local level, and navigates the overlapping, and often competing, jurisdictional mandates confronting U.S. project developers. It also explores lessons learned from the European Union’s (EU) recent regulatory experience and provides recommendations for short- and long-term steps forward in the United States. Part II discusses early wave energy projects, research and policy developments, and highlights recent advances in technical testing and economic feasibility of wave energy projects. Part III analyzes the status of hydrokinetic energy development at the state and …
Reforming To Preserve: Compstat And Strategic Problem Solving In American Policing, David Weisburd, Stephen Mastrofski, Ann Marie Mcnally, Rosann Greenspan
Reforming To Preserve: Compstat And Strategic Problem Solving In American Policing, David Weisburd, Stephen Mastrofski, Ann Marie Mcnally, Rosann Greenspan
Rosann Greenspan
Provides a national description of Compstat programs, considered in the framework of strategic problem solving. Examination of the diffusion of Compstat programs and nature of Compstat model through out the U.S.; Recognition of Compstat as a major innovation in U.S. policing; Features of Compstat.
Acceptable Cooperation Among Competitors In The Face Of Growing International Competition, Thomas Jorde, David Teece
Acceptable Cooperation Among Competitors In The Face Of Growing International Competition, Thomas Jorde, David Teece
Thomas Jorde
Presents the text of the speech given by professors of law Thomas M. Jorde and David J. Teece, during the 37th Annual Meeting of the American Bar Association Section of Antitrust Law on August 6–9, 1989 in Honolulu, Hawaii, regarding international competition.
Telling Tales In School: Youth Culture And Conflict Narratives, Calvin Morrill, Madelaine Adelman, Michael Musheno, Cindy Bejarano
Telling Tales In School: Youth Culture And Conflict Narratives, Calvin Morrill, Madelaine Adelman, Michael Musheno, Cindy Bejarano
Michael Musheno
This study departs from mainstream criminology to approach youth conflict and violence from a youth-centered perspective drawn from cultural studies of young people and sociolegal research. To access youth orientations, we analyze experiential stories of peer conflict written by students at a multiethnic, low-income high school situated in an urban core of the western United States. We argue that youth narratives of conflict offer glimpses into how young people make sense of conflict in their everyday lives, as well as insights as to how the images and decisional bases embedded in their storytelling connect to adult-centered discourses found in popular …
Forming Families By Law - Adoption In America Today, Joan Hollinger, Naomi Cahn
Forming Families By Law - Adoption In America Today, Joan Hollinger, Naomi Cahn
Joan Hollinger
The article focuses on the laws related to adoption in the U.S. It is stated that there is a long history in the U.S. of some children being raised by adults other than their biological parents, but legal recognition of these families was not generally available until states began enacting formal adoption laws in the mid-nineteenth century. By legitimizing a parent-child relationship between biogenetic strangers, adoption strikes some skeptics.
Interrogating Richard Leo's Claims About Police Scholarship, Michael Musheno
Interrogating Richard Leo's Claims About Police Scholarship, Michael Musheno
Michael Musheno
The article discusses notions of police scholars propounded by review essayist Richard Leo. The current generation of sociolegal scholars pursuing police studies are integrating American and European traditions to generate a new body of critical inquiry, uncovering new insights about the meaning of policing, pursuing issues of policing ignored in the 1960s and connecting police practices to processes of state formation and legitimacy. This latter focus includes critical scholarship about community policing, an area of inquiry that Leo claims is fully under the grip of the policy audience. As for the pull of the policy audience, Leo offers no empirical …
Anti-Inquisitorialism, David Sklansky
Anti-Inquisitorialism, David Sklansky
David A Sklansky
A broad and enduring theme of Atherican jurisprudence treats the Continental, inquisitorial system of criminal procedure as epitomizing what our system is not; avoiding inquisitorialism has long been thought a core commitment of our legal heritage. This Article examines the various roles that anti-inquisitorialism has played and continues to play in shaping our criminal process, and then it assesses the attractiveness of anti-inquisitorialism as a guiding principle of American law. The Article begins by describing four particularly striking examples of anti-inquisitorialism at work: the Supreme Court's recent reinterpretation of the Confrontation Clause; the Court's invalidation of mandatory sentencing schemes that …
Do The Haves Come Out Ahead - Winning And Losing In State Supreme Courts, 1870-1970, Stanton Wheeler, Bliss Cartwright, Robert Kagan, Lawrence Friedman
Do The Haves Come Out Ahead - Winning And Losing In State Supreme Courts, 1870-1970, Stanton Wheeler, Bliss Cartwright, Robert Kagan, Lawrence Friedman
Robert Kagan
No abstract provided.
The Case For A Charitable Contributions Deduction, Mark P. Gergen
The Case For A Charitable Contributions Deduction, Mark P. Gergen
Mark P. Gergen
United States. Examines three theories supporting some form of a deduction or tax credit for contributions.
Discussion Of Antony Duff's 'Or 'Emet Lecture: Legal Philosophy Between State And Transnationalism, Antony Duff, François Tanguay-Renaud, Michael Giudice
Discussion Of Antony Duff's 'Or 'Emet Lecture: Legal Philosophy Between State And Transnationalism, Antony Duff, François Tanguay-Renaud, Michael Giudice
François Tanguay-Renaud
Follow-up seminar on Antony Duff’s ‘Or ‘Emet Lecture, delivered on Thursday, March 14, 2013. Part of the Legal Philosophy Between State and Transnationalism Seminar Series. Respondents: Michael Giudice, York Philosophy and François Tanguay-Renaud, Osgoode Hall Law School.
Bisexuals Need Not Apply: A Comparative Appraisal Of Refugee Law And Policy In Canada, The United States, And Australia, Sean Rehaag
Sean Rehaag
This paper offers an analysis of refugee claims on grounds of bisexuality. After discussing the grounds on which sexual minorities may qualify for refugee status under international refugee law, the paper empirically assesses the success rates of bisexual refugee claimants in three major host states: Canada, the United States, and Australia. It concludes that bisexuals are significantly less successful than other sexual minority groups in obtaining refugee status in those countries. Through an examination of selected published decisions involving bisexual refugee claimants, the author identifies two main areas for concern that may partly account for the difficulties that bisexual refugee …
The Law Of Electronic Funds Transfers, Benjamin Geva
The Law Of Electronic Funds Transfers, Benjamin Geva
Benjamin Geva
Provides a clear understanding of the law governing electronic funds transfers, with emphasis on global and domestic wire transfers, ACH payments and consumer transactions. Concise analysis of U.C.C. Article 4A, EFTA, Regulation E and other pertinent law gives you the information you need to understand the complex legal ramifications of electronic funds transfers.
Financing Consumer Sales And Product Defences In Canada And The United States, Benjamin Geva
Financing Consumer Sales And Product Defences In Canada And The United States, Benjamin Geva
Benjamin Geva
No abstract provided.
Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against "Mutant Copyrights"?, Irene Calboli
Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against "Mutant Copyrights"?, Irene Calboli
Irene Calboli
This article offers a brief overview of the history and developments of the doctrine of aesthetic functionality in the United States and examines the recent decisions in Fleischer Studios, Inc v AVELA, Inc . In particular, the article argues that the courts in Fleischer added an important element to the interpretation of the doctrine, namely the fact that the courts seemed willing to resort to aesthetic functionality to counter the consequences resulting from the practice of using trade mark law as an additional form of protection for copyrighted, or once copyrighted, creative works.
The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown
The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown
Ronald Brown
The so-called "traditions" of Japanese labor relations are being put into practice in the United States in adapted form by Japanese investors and are being adopted by U.S. companies as well. This Japanese-style labor relations is in effect - the "new labor relations" in the United States.