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2002

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Articles 1 - 30 of 3409

Full-Text Articles in Law

Small Business, Economic Growth, And The Huffman Conjecture, George L. Priest Dec 2002

Small Business, Economic Growth, And The Huffman Conjecture, George L. Priest

Faculty Scholarship Series

This Essay examines the role of small business in the process of economic growth and the effects of increasing regulation and civil liability. First, the Essay explores the basic mechanisms of economic growth in society and explains how small business, as opposed to large business, contributes to economic growth. Next, the Essay analyzes to what extent increased regulation and civil liability disproportionately impacts small business operations and the effectiveness of various Congressional benefits and preferences toward small business in relieving these perceived burdens. Finally, Priest applies this analysis to various issues attending the role of small business in economic growth ...


Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt Dec 2002

Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Computer Attacks On Critical National Infrastructure: A Use Of Force Invoking The Right Of Self-Defense, Eric Talbot Jensen Dec 2002

Computer Attacks On Critical National Infrastructure: A Use Of Force Invoking The Right Of Self-Defense, Eric Talbot Jensen

Faculty Scholarship

Computer networks create tremendously increased capabilities but also represent equally increased vulnerabilities. These vulnerabilites are especially acute in relation to potential attacks on critical national infrasturucture. This Article proposes that international law must evolve to recognize that attacks against a nation's critical national infrastructure from any source constitute a use of force. Such attacks, therefore, give the victim state the right to proportional self-defense - including anticipatory self-defense - even if the computer network attack is not an armed attack under Article 51 of the United Nations Charter. Due to the instantaneous nature of computer network attacks, the right to respond ...


Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy Dec 2002

Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy

All Faculty Scholarship

Over the past few months, we have learned much about the violent, troubled life of sniper suspect John Allen Muhammad. Whether or not he pulled the trigger - some recent reports have pointed to his 17-year-old companion Lee Boyd Malvo as the main shooter - there is no doubt in the minds of domestic-violence experts that this adult is responsible for these deaths.

While many pundits conclude that we will never know what motivated the sniper suspect, to domestic violence experts his is an all-too-familiar story of a man whose relationships with the women and children - possibly including Malvo - in his life ...


Appeal No. 0709: Valley Enterprises V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2002

Appeal No. 0709: Valley Enterprises V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2002-11


Back To The 1930s? The Shaky Case For Exempting Dividends, Reuven S. Avi-Yonah Dec 2002

Back To The 1930s? The Shaky Case For Exempting Dividends, Reuven S. Avi-Yonah

Articles

This article is based in part on the author’s U.S. Branch Report for Subject I of the 2003 Annual Congress of the International Fiscal Association, to be held next year in Sydney, Australia (forthcoming in Cahiers de droit fiscal international, 2003). He would like to thank Emil Sunley for his helpful comments on that earlier version, and Steve Bank, Michael Barr, David Bradford, Michael Graetz, and David Hasen for comments on this version. Special thanks are due to Yoram Keinan for his meticulous work on the EU regimes (see Appendix). All errors are the author’s. In this ...


The Role Of Ministers And Church Groups In The Hartford Civil Rights Movement, Ryan Lerner Dec 2002

The Role Of Ministers And Church Groups In The Hartford Civil Rights Movement, Ryan Lerner

Hartford Studies Collection: Papers by Students and Faculty

No abstract provided.


Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon Dec 2002

Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article tells the story of the town of Warwick, a rapidly developing town in Orange County, New York, made up of three separate villages. Warwick’s proactive measures to prevent the sprawl development phenomenon through the use of an intermunicipal compact was met with much opposition by the three individual village governments, as well as individual citizens. Through the use of mediation, a popular alternative resolution dispute method, representatives from the villages negotiated an intermunicpal plan that satisfied the needs all three villages, while still meeting the original objectives of preserving open space, scenic views, and agricultural lands.


After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr. Dec 2002

After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.


2002 Academic Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University Dec 2002

2002 Academic Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University

NSU Commencement Programs

No abstract provided.


The Logic Of Reciprocity: Trust, Collective Action, And Law, Dan M. Kahan Dec 2002

The Logic Of Reciprocity: Trust, Collective Action, And Law, Dan M. Kahan

John M. Olin Center for Studies in Law, Economics, and Public Policy Working Papers

The Logic of Collective Action has for decades supplied the logic of public policy analysis. In this pioneering application of public choice theory, Mancur Olson ele gantly punctured the premise -- shared by a diverse variety of political theories -- that individuals can be expected to act consistently with the interest of the groups to which they belong. Absent externally imposed incentives, wealth-maximizing individuals, he argued, will rarely find it in their interest to contribute to goods that benefit the group as a whole, but rather will "free ride" on the contributions that other group members make. As a result, too few ...


Vol. 23, No. 15 (December 9, 2002) Dec 2002

Vol. 23, No. 15 (December 9, 2002)

Indiana Law Annotated

No abstract provided.


Oral Argument In Meyer V. Holley (No. 01-1120), Robert G. Schwemm, Douglas G. Benedon, Malcolm L. Stewart Dec 2002

Oral Argument In Meyer V. Holley (No. 01-1120), Robert G. Schwemm, Douglas G. Benedon, Malcolm L. Stewart

Law Faculty Advocacy

The matter of Meyer v. Holley, 537 U.S. 280 (2003) was argued before the United States Supreme Court on Tuesday, December 3, 2002. Professor Robert G. Schwemm argued on behalf of the Respondents. This document is a transcript of the oral argument.


Vol. 53, No. 6, December 3, 2002, University Of Michigan Law School Dec 2002

Vol. 53, No. 6, December 3, 2002, University Of Michigan Law School

Res Gestae

•Clothing Drive Succeeds Again •Faculty Profile: Andy Buchsbaum •Asst. AG, Former Prof. Returns to Speak at UMLS •Law School to Build Big •CrimLaw Society Career Panel •Veteran Defender Gives Talk on Post-9/11 Detainees •Affirmative Action Insider Speaks •Crossword


The Weekly December 2, 2002, North Carolina Central School Of Law Dec 2002

The Weekly December 2, 2002, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.


Vol. 23, No. 14 (December 2, 2002) Dec 2002

Vol. 23, No. 14 (December 2, 2002)

Indiana Law Annotated

No abstract provided.


Sentencing Policies And Practices In International Criminal Tribunals, Mark A. Drumbl, Kenneth S. Gallant Dec 2002

Sentencing Policies And Practices In International Criminal Tribunals, Mark A. Drumbl, Kenneth S. Gallant

Scholarly Articles

Not available.


The U.S. Supreme Court Hears The Mickey Mouse Case, L. Ray Patterson Dec 2002

The U.S. Supreme Court Hears The Mickey Mouse Case, L. Ray Patterson

Popular Media

The case of Eldred v. Ashcroft, argued before the U. S. Supreme Court on October 9, 2002, is the most important copyright case since 1834, when the court decided its first, Wheaton v. Peters. In Wheaton, the court ruled that under the Copyright Clause of the U.S. Constitution only Congress can grant copyright for published works. In Eldred, the court will decide the scope of Congress’ copyright power. May Congress grant, in the words of the Copyright Clause, copyright only for a "limited time" or may Congress extend the time already granted for existing copyrights? This is what Congress ...


Copyright And Fair Use In Law Office Libraries, James S. Heller Dec 2002

Copyright And Fair Use In Law Office Libraries, James S. Heller

Library Staff Publications

No abstract provided.


Employee Interests In Bankrupcy: Lessons From Enron, Lorie Johnson Dec 2002

Employee Interests In Bankrupcy: Lessons From Enron, Lorie Johnson

Popular Media

Enron employees lost over $1 billion in retirement savings when the company failed and filed for bankruptcy protection. Many of these employees also lost their jobs. Enron employees were both visible and vocal about their losses, quickly obtaining the support of both the AFL-CIO and Jesse Jackson’s Rainbow/Push Coalition in their fight to get some redress for their losses. Since Enron was current on its payroll at the time of the bankruptcy filing, employees’ losses consisted of severance payments totaling $145 million and the losses associated with investments in Enron stock through their 401(k) accounts.


Taxation And Risk-Taking With Multiple Tax Rates, David A. Weisbach Dec 2002

Taxation And Risk-Taking With Multiple Tax Rates, David A. Weisbach

Coase-Sandor Working Paper Series in Law and Economics

This paper extends the Domar and Musgrave results concerning the effect of an income tax on risk taking to the case where different tax rates apply to different types of assets. Although the results depend on exactly how the differential tax rates are imposed, as a general matter, an income tax with differential rates can be seen as a tax only on the risk-free rate of return and a fixed ex ante subsidy for purchasing the lower-taxed assets. There are implications for measuring deadweight loss from differential taxation and for spending resources on accurately measuring capital income.


The End Of Bankruptcy, Robert K. Rasmussen, Douglas G. Baird Dec 2002

The End Of Bankruptcy, Robert K. Rasmussen, Douglas G. Baird

Coase-Sandor Working Paper Series in Law and Economics

The law of corporate reorganizations is conventionally justified as a way to preserve a firm’s going-concern value: Specialized assets in a particular firm are worth more together in that firm than anywhere else. This paper shows that this notion is mistaken. Its flaw is that it lacks a well-developed understanding of the nature of a firm. Initially, it is easy to confuse size with specialization and overstate the extent to which assets are dedicated to a particular enterprise. Even when such dedicated assets exist, they often do not need to stay in the same firm. As Coase taught us ...


Animals As Objects, Or Subjects, Of Rights, Richard A. Epstein Dec 2002

Animals As Objects, Or Subjects, Of Rights, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

From the earliest times, animals were understood as object of human rights. That result did not depend on some limited understanding of their capabilities for cognition and sensation, but rather rested on the strong sense that without domestication human beings could not secure their own advancement. The modern claims for animal rights cannot therefore be justified by an appeal to some newer and deeper understanding of the subject, but must rest on the claim that what they share with human beings is more important than what separates them. Those common elements do justify some level of animal protection but does ...


In Defense Of "Old" Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein Dec 2002

In Defense Of "Old" Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

The traditional forms of public health law were directly largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it effects large numbers of individuals, which would include such matters as obesity and diabetes. Historically, this paper examines the constitutional evolution of the public health principle from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could easily authorize those forms of ...


The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday Dec 2002

The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Public Law and Legal Theory Working Papers

No abstract provided.


Vol. 1, No. 01 (December 2002) Dec 2002

Vol. 1, No. 01 (December 2002)

Indiana Law Update

No abstract provided.


International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga Dec 2002

International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga

LLM Theses and Essays

Corporate governance has become a bonafide subset of company’s law that is concerned with who directs the company and for whose benefit. Its application varies in countries found in the main legal jurisdictions of common and civil law. This thesis identifies these differences by highlighting national corporate governance systems existing in Germany, Japan, United Kingdom and United States. Together, these countries represent systems adopted by several countries located on all continents. Increased cross border investment in this era of globalization has been significantly affected by these governance systems. The thesis shows the reasons why investors, multinational corporations and nations ...


Conflict Of Laws In The Enforcement Of Foreign Awards And Foreign Judgments: The Public Policy Defense And Practice In U.S. Courts, Anupama Parameshwaran Dec 2002

Conflict Of Laws In The Enforcement Of Foreign Awards And Foreign Judgments: The Public Policy Defense And Practice In U.S. Courts, Anupama Parameshwaran

LLM Theses and Essays

Public policy is one of the defenses that a court or a party may invoke in order to resist enforcement of an unjust foreign award or judgment. The purpose of this study is to analyze the status of the public policy as a defense to enforcement in the U.S and to examine its success rate. The thesis will contain suggestions to make public policy a more meaningful defense with respect to the enforcement of foreign judgments and its role in bringing about uniformity in the field of foreign judgments will be analyzed.


Into The Frying Pan: Standing And Privity Under The Telecommunications Act Of 1996 And Beyond, Richard A. Epstein Dec 2002

Into The Frying Pan: Standing And Privity Under The Telecommunications Act Of 1996 And Beyond, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Research To Practice: Collaboration Between Medicaid And Other State Agencies- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley Dec 2002

Research To Practice: Collaboration Between Medicaid And Other State Agencies- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley

Research to Practice Series, Institute for Community Inclusion

Many state Medicaid agencies are playing a greater role in multi-agency efforts to promote employment for people with disabilities. This brief uses data from the National Survey of State Systems and Employment for People with Disabilities to explore the varieties of collaboration Medicaid agencies are using and the agencies they are collaborating with.