Law Commons^™

Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

No abstract provided.

Government Clubs: Theory And Evidence From Voluntary Environmental Programs, Cary Coglianese, Jennifer Nash

All Faculty Scholarship

The U.S. Environmental Protection Agency (EPA) has established numerous voluntary environmental programs over the last fifteen years, seeking to encourage businesses to make environmental progress beyond what current law requires them to achieve. EPA aims to induce beyond-compliance behavior by offering various forms of recognition and rewards, including relief from otherwise applicable environmental regulations. Despite EPA's emphasis on voluntary programs,relatively few businesses have availed themselves of these programs -- and paradoxically, the programs that offer the most significant regulatory benefits tend to have the fewest members. We explain this paradox by focusing on (a) how programs'membership screening corresponds with membership …

Toward A Unified Theory Of Access To Local Telephone Systems, Daniel F. Spulber, Christopher S. Yoo

All Faculty Scholarship

One of the most distinctive developments in telecommunications policy over the past few decades has been the increasingly broad array of access requirements regulatory authorities have imposed on local telephone providers. In so doing, policymakers did not fully consider whether the justifications for regulating telecommunications remained valid. They also allowed each access regime to be governed by its own pricing methodology and set access prices in a way that treated each network component as if it existed in isolation. The result was a regulatory regime that was internally inconsistent, vulnerable to regulatory arbitrage, and unable to capture the interactions among …

The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo

All Faculty Scholarship

On April 18-19, 2008, the University of Pennsylvania Law School hosted a landmark conference on “The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective.” This conference was the first major event for Penn’s newly established Center for Technology, Innovation, and Competition, a research institute committed to promoting basic research into foundational frameworks that will shape the way policymakers think about technology-related issues in the future. The breakup of AT&T represents an ideal starting point for reexamining the major themes of telecommunications policy that have emerged over the past quarter century. The conference featured a keynote address by …

Extended Time Off Overview, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Workplace Flexibility 2010 defines Extended Time Off (EXTO) as time taken off from work for a single reason that extends for more than five days but less than one year.

EXTO may be brief in nature (e.g., a few weeks), when taken, for example, for a vacation, to recover from minor surgery, or to comply with a public health quarantine request. EXTO may also be longer in nature (e.g., a month or more), when taken, for example, for maternity/paternity purposes, for elder care, for military duty, or for a sabbatical from work.

EXTO (either brief or prolonged) may be unpaid …

Fact Sheet On Extended Time Off (Exto), Workplace Flexibility 2010, Georgetown University Law Center, Urban Institute

Memos and Fact Sheets

The Need for Extended Time Off (EXTO):

1. New children: More women and mothers are working, and there is an increase in the number of couples with children in which both parents work.
2. Health issues: According to a 2000 survey of employees regarding the Family & Medical Leave Act (FMLA), among those who took FMLA leave, more than half, 52.4%, of workers used the leave to attend to their own health conditions. Thirteen percent reported taking leave to care for a parent and nearly 12% reported using leave to care for an ill child.
3. The need for paid EXTO: Despite the …

Cees Newsletter, No. 8, Nov. 2008, University Of Colorado Boulder. Center For Energy & Environmental Security

CEES: The Center for Energy & Environmental Security [Newsletter] (2008)

No abstract provided.

Ua12/2/1 College Heights Herald, Vol. 84, No. 16, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Paul, Corey. Fights & Frenzy
• Day, Michelle. Gunfire Unconfirmed, Investigation Continues
• Hale, Marianne. Campus, Community Voice Concerns
• Timeline of Events
• Slitz, Alex. A Thousand Words – Charus Changchit
• Howerton, Christina. Enrollment Increases 2.6 Percent
• Howerton, Christina. Task Force Explores Ways to Make College Cost Less
• Gadbois, Chris. Rudeness Isn’t an Issue with Shuttle Drivers
• Bonneau-Kaya, Chrystal. Objectification of Women is Dehumanizing, Wrong
• Schwab, Edmond. Learn the Background of the Financial Troubles
• Bybee, Sarah. Please Slow Down and Watch Out for Pedestrians
• Cawthorn, Shawna. Poor Football …

Contract Management: A P.A. Education For Boundary Managers., M. Ernita Joaquin

Public Policy and Leadership Faculty Publications

Graduates of public administration programs might reasonably be expected to accurately spell out, even in their sleep, POSDCoRB. After all, it was Luther Gulick's rock-hewn formulation of the skills involved in public administration, circa 1937. Almost seven decades later, in their book Governing by Network, Stephen Goldsmith and William Eggers called for a
cultural transformation in the way we build capacity in the public sector, and, as I see it, crafting a new POSDCoRB for our time.

Baselines Newsletter, No. 3, Fall 2008, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Evaluating The Social Effects Of Environmental Leadership Programs, Jonathan C. Borck, Cary Coglianese, Jennifer Nash

All Faculty Scholarship

In the past decade, EPA and over 20 states have created voluntary environmental leadership programs designed to recognize and reward businesses that take steps that go beyond compliance with the strictures of environmental law. Environmental leadership programs seek not only to spur direct improvements to environment quality but also to advance broader social goals that may lead indirectly to environmental improvements, such as improving business-government relationships and changing business culture. Measuring progress toward leadership programs’ social goals is a particularly challenging but essential task if researchers and decision makers are to understand the full impacts of these programs. In this …

The Likely Impact Of Mandated Paid Sick And Family-Care Leave On The Economy And Economic Development Prospects Of The State Of Ohio, Edward W. Hill, Spence Christopher, Daila Shimek, Ziona Austrian

All Maxine Goodman Levin School of Urban Affairs Publications

This report analyzes the potential impact of a proposed paid sick and family care leave legislation on the economy of the state of Ohio, the economic development prospects of the state and on the management of production processes that depend on highly integrate teams. The report also reviews the literature on the effect of mandated paid sick and family care leave on the industrial relations system—workplace performance and worker retention. Our analysis concludes that there would have been a net cost associated with the paid sick leave and family-care initiative proposed in Ohio with a lower bound estimate of $63.84 …

Young People On Remand, Mairéad Seymour, Michelle Butler

Reports

The aim of this study is to examine the services and supports required by young people to promote greater compliance with the conditions of bail and reduce the use of detention on remand. The research addresses three main areas: • to establish the service and support needs of young people by investigating the circumstances of their life circumstances; • to examine the specific services and supports required by young people and their families during the remand process, in the courtroom and in the period between adjournments; • to address the issues and barriers to delivering services and supports to young …

Network Neutrality, Consumers, And Innovation, Christopher S. Yoo

All Faculty Scholarship

In this Article, Professor Christopher Yoo directly engages claims that mandating network neutrality is essential to protect consumers and to promote innovation on the Internet. It begins by analyzing the forces that are placing pressure on the basic network architecture to evolve, such as the emergence of Internet video and peer-to-peer architectures and the increasing heterogeneity in business relationships and transmission technologies. It then draws on the insights of demand-side price discrimination (such as Ramsey pricing) and the two-sided markets, as well as the economics of product differentiation and congestion, to show how deviating from network neutrality can benefit consumers, …

Unilateral Refusals To Deal, Vertical Integration, And The Essential Facility Doctrine, Herbert J. Hovenkamp

All Faculty Scholarship

Where it applies, the essential facility doctrine requires a monopolist to share its "essential facility." Since the only qualifying exclusionary practice is the refusal to share the facility itself, the doctrine comes about as close as antitrust ever does to condemning "no fault" monopolization. There is no independent justification for an essential facility doctrine separate and apart from general Section 2 doctrine governing the vertically integrated monopolist's refusal to deal. In its Trinko decision the Supreme Court placed that doctrine about where it should be. The Court did not categorically reject all unilateral refusal to deal claims, but it placed …

Lower-Wage Workers And Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Workers at all levels within an organization have the need to manage their work and personal/family responsibilities. Much of the past research on workplace flexibility has focused on managerial or professional positions, and thus, higher-wage jobs and workers with higher incomes. But more recently, researchers have begun to investigate the particular challenges of workplace flexibility for workers who do not fit this mold -- specifically, workers who are hourly, receive a lowerwage, or who live in lower-income families. Regardless of how they are defined, workers at the lower end of the wage and income spectrum have some unique workplace flexibility …

Jackpot Justice And The American Tort System: Thinking Beyond Junk Science, Tom Baker, Herbert M. Kritzer, Neil Vidmar

All Faculty Scholarship

In 2007 the Pacific Research Institute released a report, Jackpot Justice: The True Cost of America's Tort System, that is widely available on the internet. The conclusion of the report is that America's tort system costs $865.37 billion annually, amounting to an "annual price tag, or 'tort tax' for a family of four in terms of costs and foregone benefits" of $9,827. As our report will demonstrate, the conclusions of Jackpot Justice are without scientific merit and present a very misleading picture of the American tort system and its costs.

Research on the tort system's efficiency, its fairness and …

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Wisconsin, Jan E. Mutchler, Alison Gottlieb, Ellen A. Bruce, Laura Henze Russell

Gerontology Institute Publications

This report addresses income adequacy for Wisconsin’s older adults using the WOW-GI Elder Economic Security Standard Index (the Index) methodology. The Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

Short Term Time Off: What We Know, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Short Term Time Off (STO) refers to job-protected time away from the workplace to address anticipated or unexpected needs of limited duration. STO may be scheduled or unscheduled, depending on the underlying need. STO enables workers to address both the routine and emergency situations that occur in everyday life.

The need for STO may arise, for example, because a worker or worker’s child is sick or has a routine doctor’s appointment, because a worker has to wait for the plumber or apply for public benefits or go to court, or because a worker needs to attend a school conference or …

Cees Newsletter, No. 7, July 2008, University Of Colorado Boulder. Center For Energy & Environmental Security

CEES: The Center for Energy & Environmental Security [Newsletter] (2008)

No abstract provided.

Sexual Violence As The Language Of Border Control: Where French Feminist And Anti‐Immigrant Rhetoric Meet, Miriam Ticktin

Publications and Research

When I first arrived in the Paris region in 1999 to do research on the struggle by undocumented immigrants (les sans papiers) for basic human rights, discussions of violence against women were remarkably absent from the public arena. Nongovernmental organizations and researchers had begun to broach the topic, but with little public visibility. However, this changed in late 2000, with a media explosion on the issue of les tournantes, or the gang rapes committed in the banlieues of Paris. Such tournantes involve boys “taking turns” with their friends’ girlfriends, both parties usually being of Maghrebian or North …

Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee

All Faculty Scholarship

No abstract provided.

Bush V. Boumediene: The Court Is Back, Jay Dratler

Akron Law Faculty Publications

This short article is a follow-up to a piece I wrote two years ago on Hamdan v. Rumsfeld, SSRN No. 913822. While applauding the result in Hamdan, I critiqued the Supreme Court for missing a “teachable moment” and obscuring the great issues at stake in prolixity and mind-numbing technical detail.

In this article, I applaud the Boumediene v. Bush Court not only for its result—that the Constitution’s Suspension Clause can require habeas corpus for aliens held abroad under certain circumstances—but for its reasoning and style as well. This time, the majority of five did not miss its “teachable …

Rethinking Broadband Internet Access, Daniel F. Spulber, Christopher S. Yoo

All Faculty Scholarship

The emergence of broadband Internet technologies, such as cable modem and digital subscriber line (DSL) systems, has reopened debates over how the Internet should be regulated. Advocates of network neutrality and open access to cable modem systems have proposed extending the regulatory regime developed to govern conventional telephone and narrowband Internet service to broadband. A critical analysis of the rationales traditionally invoked to justify the regulation of telecommunications networks--such as natural monopoly, network economic effects, vertical exclusion, and the dangers of ruinous competition--reveals that those rationales depend on empirical and theoretical preconditions that do not apply to broadband. In addition, …

The Antitrust Standard For Unlawful Exclusionary Conduct, Herbert J. Hovenkamp

All Faculty Scholarship

This essay considers the general definition of unlawful exclusionary practices under Section 2 of the Sherman Act as acts that: (1) are reasonably capable of creating, enlarging or prolonging monopoly power by impairing the opportunities of rivals; and (2) that either (2a) do not benefit consumers at all, or (2b) are unnecessary for the particular consumer benefits claimed for them, or (2c) produce harms disproportionate to any resulting benefits. An important purpose of this progression of queries is to permit the court to avoid balancing, although balancing certainly cannot be avoided in some close cases. The given definition is very …

Slides: Adapting Western Water Policy For Resilience Under Climate Change, Bonnie G. Colby

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona Department of Agriculture & Resource Economics

22 slides

Slides: The Big Questions, Doug Kenney

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Doug Kenney, Natural Resources Law Center, University of Colorado Law School

7 slides

Slides: Linking Growth, Land Use And Water, Jim Holway

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Jim Holway, Global Institute of Sustainability, Civil and Environmental Engineering, Arizona Water Institute, Arizona State University

29 slides

Slides: The Urbanizing West: Limits To Water, Limits To Growth, Lora A. Lucero

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Lora A. Lucero, AICP, American Planning Association

18 slides

Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Shaun McGrath, Program Director, Western Governors’ Association

25 slides