Law Commons^™

China's Labor Contract Law And The Liberalization Of Global Markets: Will Employees' Rights Equate To Employers' Nightmares?, Sharon Breckenridge Thomas

Faculty Publications and Presentations

Abstract: Lower labor costs and realization of profits have been key components in the expansion of the global market. As we continue to witness the prolific liberalization of the global market, it is essential that we remember the importance of human capital. Workers play a paramount role in the realization of continued and sustained global market growth. Paradoxically, sustained growth in the global market is also fueled by the absence of workers’ rights and the resulting reduction of labor costs. Thus, multi-national companies and workers employed by multi-national companies, have encountered a seeming contradiction of workplace realities. From a capitalistic …

The Alberta Legal Services Mapping Project: Report For The Fort Mcmurray Judicial District, Glynnis Lieb, Stephanie Abel, Diana Lowe

Canadian Forum on Civil Justice

The Fort McMurray Judicial District is the second of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, 4.5 year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.

The Alberta Legal Services Mapping Project: Report For The Calgary Judicial District, Glynnis Lieb, Stephanie Abel, Mary Stratton, Diana Lowe

Canadian Forum on Civil Justice

The „justice system‟ is a fundamental and far-reaching component of our system of democracy in Alberta. It is not one united system but an institutionalized process to address criminal and civil conflicts. It is made up of a complexity of organizations with overlapping provincial and federal jurisdictions. There are substantive and procedural laws with four broad divisions: civil, family, criminal and administrative. Many of these laws and the legal services associated with them, function to avoid conflict and legal problems. Ideally, legal services work to resolve conflicts without resorting to the courts or tribunals, the purpose of which is to …

Annual Report 2008-2009, Office Of Development

Annual Donor Report

No abstract provided.

Dean's Report 2009, Rebecca H. White

Other Law School Publications

This year marks the 150th anniversary of our law school, one of the nation’s oldest and most successful public law schools. Although legal education has changed in significant ways over the past 150 years, the markers of a great law school have not. Putting academically rigorous teachers into classrooms with intellectually serious and highly motivated students results in a first class learning experience that produces professionals of the highest caliber. We are committed to continuing that proud tradition at Georgia Law and to enhancing what is already an outstanding work product. It is my pleasure to provide you this report …

Marine Spatial Planning Is Coming To An Ocean Near You, Robert S. Pomeroy

Wrack Lines

There are too many conflicting uses of the ocean in a time where resources are rapidly dwindling. Marine Spatial Planning is catching on globally, and may soon come to Long Island Sound, but it may be difficult to decide who gets to do what, where.

A New Look At The Original Meaning Of The Diversity Clause, Mark Moller

College of Law Faculty

Must a federal court obtain the power to bind a party before her citizenship becomes relevant to diversity jurisdiction under Article III? For a long time conventional wisdom has assumed the answer is "no": Article III allows Congress to authorize diversity jurisdiction based on the citizenship of persons beyond a court's power to bind at the time jurisdiction is tested. Congress, in turn, has acted on this assumption. Key provisions of the most ambitious, and controversial, expansion of diversity jurisdiction in the last decade, the 2005 Class Action Fairness Act (CAFA), hinge diversity jurisdiction on the citizenship of persons conventionally …

The Forum (Volume 39, Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Law Clerk Proxy Wars: Secrecy, Accountability, And Ideology In The Supreme Court, Carolyn Shapiro

All Faculty Scholarship

This piece provides an in-depth review and analysis of two recent books about Supreme Court law clerks, Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk, by Todd C. Peppers, and Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court, by Artemus Ward and David L. Weiden. In addition, the essay addresses a question so obvious that it is rarely asked – why is there so much curiosity about Supreme Court law clerks in the first place? In the essay, I analyze a widespread concern – and one discussed in …

U.S. Chamber Of Commerce Liability Survey: Inaccurate, Unfair, And Bad For Business, Theodore Eisenberg

Cornell Law Faculty Publications

The U.S. Chamber of Commerce uses its Survey of State Liability to criticize judiciaries and seek legal change but no detailed evaluation of the survey’s quality exists. This article presents evidence that the survey is substantively inaccurate and methodologically flawed. It incorrectly characterizes state law; respondents provide less than 10 percent correct answers for objectively verifiable responses. It is internally inconsistent; a state threatened with judicial hellhole status ranked first in the survey while venues not on the list ranked lower. The absence of correlation between survey rankings and observable activity suggests that other factors drive the rankings. Two factors …

Tweet Treats: How One Law Library Uses Twitter To Educate And Connect With Patrons, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library

As law librarians, we strive to reach out to our patrons, publicize our collections and services, and create welcoming environments in our libraries. One way our library integrates our goals with current technology is through the use of Twitter (http://twitter.com).

The New Adventures Of The Common Law, Damien P. Horigan

Pace International Law Review Online Companion

One of the arguably unexpected legal developments during the first decade of this century has been the emergence of new common law jurisdictions in a region with a very different legal heritage – the Arabian Peninsula. These young jurisdictions have been created specifically to foster the growth of new hubs for banking and finance. This article will examine these new adventures of the common law.

Revenue And Taxation Legislative Summary - 2009, Assembly Committee On Revenue And Taxation

California Assembly

MEMBERS
Honorable Charles Calderon, Chair
Honorable Chuck DeVore, Vice Chair
Honorable Jim Beall
Honorable Joe Coto
Honorable Diane Harkey
Honorable Fiona Ma
Honorable Jim Nielsen
Honorable Anthony Portantino
Honorable Lori Saldana

STAFF
Oksana Jaffe, Chief Consultant
M. David Ruff: Principal Consultant
Christine Hiersche, Committee Secretary

Juveniles Who Commit Sex Offenses Against Minors, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long

Law Faculty Research Publications

Professor Lani Guinier and others have recently developed a theory called "demosprudence" that explains the democracy-enhancing potential of certain types of US. Supreme Court dissents. Separately, state constitutionalists have described state constitutions' capacity to offer a base of resistance against the U.S. Supreme Court's narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a category of demosprudence.

When Foreigners Influence Domestic Change: A Case For Transnational Advocacy, Knowledge@Smu

Knowledge@SMU

Like it or not, socio-environmental issues extend beyond geopolitical boundaries. Southeast Asians might remember the Indonesian haze that had affected the region's air quality, for instance – an issue that was eventually addressed with the help of foreign groups; or the recovery efforts of the 2004 tsunami, which also involved many international entities. According to Yooil Bae, a political science professor at SMU, foreign groups can bring new insights and methods. But while there are benefits to knowledge-sharing and cooperation, the process can be tricky, especially when such advocacy groups clash with the state.

Center For Terrorism Law: Monthly Activity Report, 2009-12, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Piercing The Corporate Veil In Delaware & Georgia, William Kennedy

Law Library Student-Authored Works

No abstract provided.

Inequitable Conduct And The Attorney-Client Privilege, Alexis N. Simpson

Law Library Student-Authored Works

No abstract provided.

Vol. 1 No. 1, Fall 2009; Current Trends In Inequitable Conduct Are Adverse To Patent Policy As Seen Through The Exemplary Case Of Big Pharma, Joshua M. Austin

Northern Illinois Law Review Supplement

This Comment explores the rather difficult and rapidly changing field of patent law, discussing specifically the doctrine of inequitable conduct, a defense raised by the infringing party by which a patent can be rendered unenforceable. Recent trends in inequitable conduct, as it has been used by the Federal Circuit, have made this confusing area of law even more so. This comment identifies these confusions and the Federal Circuit's failure to maintain clear cut precedent. This Comment further discusses the impacts of these current trends, postulating that these trends go so far as to undercut the principal policy purposes behind patent …

On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel

Journal Articles

Most legal scholars treat capitalism as a genus with one species. The appearance of several books that argue to the contrary suggests that it is sensible to revisit this assumption. Discussion begins by considering the constructed nature of markets, the importance of market systems, and the role of financings as the factor distinguishing capitalism from other forms of a market economy. Thereafter, four articulations of the varieties of capitalism are reviewed: the classic Marxist one, one by a political economist, another by a pair of comparative political scientists, and third by a trio of economists. This review leads to a …

Vol. 1 No. 1, Fall 2009; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement

Northern Illinois Law Review Supplement

No abstract provided.

Vol. 1 No. 1, Fall 2009; Toy Story: Being Right For The Wrong Reasons In The Search For A "Greater Freedom"—A Critical Analysis Of The Dissenting En Banc Opinions In Reliable Consultants, Inc. V. Earle, Steven L. Boldt

Northern Illinois Law Review Supplement

This Note analyzes how the landmark United States Supreme Court case of Lawrence v. Texas has been used by the Fifth Circuit in Reliable Consultants, Inc. v. Earle to extend “sexual privacy interests” into the commercial realm. This Note begins by exploring the historical trend of cases that have led to the birth of sexual privacy. The Fifth Circuit in Reliable was given the task to decide whether the Texas legislature’s statutory proscription of promoting or selling devices used for sexual stimulation infringed on a mere commercial right or an individual’s right to sexual privacy. After the Fifth Circuit held …

Disproportionate Minority Contact In Maine: Dmc Assessment And Identification, Becky Noréus, Teresa A. Hubley, Michael Rocque

Justice Policy

Executive Summary:

Since 1998, the Juvenile Justice Delinquency Prevention (JJDP) Act has required all states that receive formula grant program funding to determine whether the proportion of minority youth in confinement exceeds their proportion of the population, and, if so, to develop corrective strategies. In 1992, Congress elevated this issue to a “core requirement” of the JJDP Act. In 2002, the Office of Juvenile Justice and Delinquency Prevention expanded the requirement to include the proportion of minorities at each key decision point, and not just at confinement. This allows a broader examination of how minority groups are treated in the …

Digital Rights Management, Fair Use, And Privacy: Problems For Copyright Enforcement Through Technology, Eric A. Robinson

Other Topics

This article discusses the nature of Digital Rights Management (DRM) systems with regard to the problems they pose to traditional exceptions to copyright restrictions. Problems of fair use and the copying of material for preservation are examined in the context of the architecture of digital rights management systems, and the limitations of current DRM systems in accommodating these policies are examined. The monitoring of usage by the licensing modules of these systems is also criticized for its lack of protection of user privacy and the potential chilling of intellectual freedom. Various potential solutions to these are briefly surveyed with a …

The Arbitrator As Agent: Why Deferential Review Is Not Always Pro-Arbitration, Tom Ginsburg

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Economic Foundations Of The Law Of The Sea, Alan O. Sykes, Eric A. Posner

Coase-Sandor Working Paper Series in Law and Economics

The United Nations Convention on the Law of the Sea has a plausible economic logic. Jurisdiction over portions of the ocean is assigned to states which can regulate them most cheaply and value them the most. These jurisdictional rights are subject to limits that reflect the interests of other states in navigation and other uses of the seas. For the vast areas of the ocean that no state can regulate, the Convention provides for an open access regime subject to simple rules, mostly self-enforcing, to limit conflict over resources.

Hiding In Plain Sight? Timing And Transparency In The Administrative State, Anne Joseph O'Connell, Jacob Gersen

Coase-Sandor Working Paper Series in Law and Economics

Anecdotal evidence of agencies burying bad news is rife in law and politics. The bureaucracy regularly is accused of announcing controversial policies on holidays and weekends when public attention is elsewhere. We show that this conventional wisdom is wrong, or at least significantly incomplete. The conventional wisdom is riddled with theoretical holes, and there is little systematic empirical evidence to support it. After critiquing the conventional account of agencies hiding bad news, we articulate and defend a revised theory of strategic timing in administrative law. We argue that timing decisions rarely affect the visibility of decisions but can drive up …

Impermissible Ratemaking In Health-Insurance Reform: Why The Reid Bill Is Unconstitutional, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Reputation, Information And The Organization Of The Judiciary, Nuno Garoupa, Tom Ginsburg

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.