Law Commons^™

Enhancing Innovation In The Ugandan Agri-Food Sector: Progress, Constraints, And Possibilities, Travis Lybbert, Kritika Saxena, Julius Ecuru, Dick Kawooya, Sacha Wunsch-Vincent

Faculty Publications

No abstract provided.

Informal–Formal Sector Interactions In Automotive Engineering, Kampala, Dick Kawooya

Faculty Publications

This chapter provides findings from a Ugandan case study that examined innovation transfers between informal-sector automotive artisans and formally employed researchers at Makerere University’s College of Engineering, Design, Art and Technology (CEDAT). Th e primary site studied was CEDAT’s Gatsby Garage, an automotive workshop where it was found that the informal-sector artisans were central to innovative processes but were at the same time driven more by sharing impulses than by concern for the intellectual property (IP) implications of their work. Based on these findings, it is argued that Ugandan policy-makers need to seek policy tools to support innovation transfers between …

Informal The New Normal, Dick Kawooya

Faculty Publications

No abstract provided.

Ethical Implications Of Intellectual Property In Africa, Dick Kawooya

Faculty Publications

No abstract provided.

A Contractual Approach To Shareholder Oppression Law, Benjamin Means

Faculty Publications

According to standard law and economics, minority shareholders in closely held corporations must bargain against opportunism by controlling shareholders before investing. Put simply, you made your bed, now you must lie in it. Yet most courts offer a remedy for shareholder oppression, often premised on the notion that controlling shareholders owe fiduciary duties to the minority or must honor the minority's reasonable expectations. Thus, law and economics, the dominant mode of corporate law scholarship, appears irreconcilably opposed to minority shareholder protection, a defining feature of the existing law of close corporations.

This Article contends that a more nuanced theory of …

Book Review - The Science Of Settlement: Ideas For Negotiators, Rebekah K. Maxwell

Faculty Publications

No abstract provided.

Mandarin Chinese: An Annotated Bibliography Of Self-Study Materials, Duncan E. Alford

Faculty Publications

The People’s Republic of China is currently the seventh largest economy in the world and is projected to be the largest economy by 2050. Commensurate with its growing economic power, the PRC is using its political power more frequently on the world stage. As a result of these changes, interest in China and its legal system is growing among attorneys and academics. International law librarians similarly are seeing more researchers interested in China, its laws and economy. The principal language of China, Mandarin Chinese, is considered a difficult language to learn. The Foreign Service Institute has rated Mandarin as “exceptionally …

Negotiating And Analyzing Electronic License Agreements, Duncan E. Alford

Faculty Publications

Mr Alford analyzes license agreements for electronic resources and suggests certain negotiation points to consider when entering into such an agreement. He begins by describing the results of a survey of law librarians about their preparation for and techniques used when negotiating electronic license agreements and the legal strategies used by publishers to support the licensing of electronic information. After reviewing selected principles of licensing issued by library associations and several standardized electronic license agreements, he identifies provisions in a typical agreement that should concern libraries and suggests certain arguments to use in negotiating terms more favorable to the library.

The Religious Right In Court: The Decision Making Of Christian Evangelicals In State Supreme Courts, Donald R. Songer, Susan J. Tabrizi

Faculty Publications

Much has been written recently about the emergence of evangelicals and others often labeled the "new Religious Right" in American politics. However, little attention has been paid to whether officials who have been socialized in the denominations characterized as being part of this Religious Right actually behave differently in office from those brought up in other religious traditions. The present study begins such an inquiry by examining differences in the voting behavior of state supreme court justices in three issue areas. Evangelical justices were found to be significantly more conservative than mainline Protestant, Catholic, and Jewish justices in death penalty, …

Law And Politics In Judicial Oversight Of Federal Administrative Agencies, Martha Anne Humphries, Donald R. Songer

Faculty Publications

Administrative agencies play a substantial role in the formulation and implementation of national policy Central to this role is their exercise of discretion. A normative consensus exists that such discretion should be constrained by administrative deference to the rule of law. The courts of appeals are expected to insure that such discretion is constrained. The analysis reported below examines how effectively they fulfill that expectation The findings suggest that agency success is related to political considerations, with agencies being successful when their decisions are consistent with the policy preferences of the judges. However, variables that captured elements of the legal …

An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal

Faculty Publications

This article examines the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the U.S. Supreme Court. Using a random sample of search and seizure cases from 1962 through 1990 and a measure of the likelihood that the appeals court decision will be reversed if cert is granted, we demonstrate that litigants behave as if they rationally consider costs and benefits in their decisions to appeal. Given the extraordinary number of cases decided by lower federal courts vis-g-vis the number of cases the Supreme Court can decide, we argue that such behavior is …

A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire

Faculty Publications

Prior scholarship on the effect of the increasing number of female judges leads to three contrasting sets of expectations. Early writings and views of affirmative-action activists suggested that female judges would be more liberal than male judges. On the other hand, a series of empirical studies suggest that we should expect no gender differences. In contrast to both of these perspectives, several feminist scholars suggest that women will be more liberal only when that position expresses support for full participation in the community. These contrasting expectations were tested by analyzing the votes of appeals court decisions in three issue areas. …

Nonpublication In The United States District Courts: Official Criteria Versus Inferences From Appellate Review, Donald R. Songer

Faculty Publications

No abstract provided.

The Impact Of The Supreme Court On Trends In Economic Policy Making In The United States Courts Of Appeals, Donald R. Songer

Faculty Publications

Previous impact research has primarily investigated controversial civil liberties decisions. The present study examines the response of the United States Courts of Appeals to changes in the labor and antitrust policies announced by the Supreme Court between 1950 and 1977. Significant impact was discovered. In each policy area, the decisional trends of the courts of appeals underwent a significant change after each of two policy shifts on the Supreme Court. Changes in the decisional trends of the courts of appeal were in the predicted direction even after controls were introduced for judges' party and holdover effects.

Concern For Policy Outputs As A Cue For Supreme Court Decisions On Certiorari, Donald R. Songer

Faculty Publications

No abstract provided.