Law Commons^™

Human Capital Effects Of Anti-Poverty Programs: Evidence From A Randomized Housing Voucher Lottery, Brian A. Jacob, Max Kapustin, Jens Ludwig

Kreisman Working Paper Series in Housing Law and Policy

Whether government transfer programs increase the human capital of low-income children is a question of first-order policy importance. Such policies might help poor children if their parents are credit constrained, and so under-invest in their human capit

Guarding The Subjective Premium: Condemnation Risk Discounts In The Housing Market, Sebastien Gay, Nadia Nasser-Ghodsi

Kreisman Working Paper Series in Housing Law and Policy

We propose the condemnation risk discount theory, whereby home buyers deduct a discount from housing prices in the absence of insurance against the risk that the government will condemn their property for private transfer. Homeowners cannot separate out t

Expertise Value Added In The Real Estate Market, Sebastien Gay, Allen T. Zhang

Kreisman Working Paper Series in Housing Law and Policy

No abstract provided.

Agglomerama, Lee Anne Fennell

Kreisman Working Paper Series in Housing Law and Policy

Urbanization presents students of commons dilemmas with a pressing challenge: how to achieve the benefits of proximity among people and land uses while curbing the negative effects of that same proximity. This piece, written for the 2014 BYU Law Review Sy

Where Is Home Depot "At Home"?: Daimler V. Bauman And The End Of Doing Business Jurisdiction, Tanya Monestier

Law Faculty Scholarship

No abstract provided.

Prediction Theories Of Law And The Internal Point Of View, Michael S. Green

Faculty Publications

No abstract provided.

Proceedings Report: The 4th Asia Pacific Journal Of Private International Law Colloquium, Man Yip

Research Collection Yong Pung How School Of Law

The 4th Asia Pacific Journal of Private International Law Colloquium, a biennial event, was held at the Singapore Management University on 28 November 2014 and convened by Associate Professor Adeline Chong. The one-day proceedings boasted a strong programme and facilitated discussions between private international law specialists from both civilian and common law jurisdictions.

A Rare Case Of Conspiracy By Lawful Means, Pey Woan Lee

Research Collection Yong Pung How School Of Law

Conspiracy by lawful means is a well-known anomaly in the law of torts. The anomaly lies in the fact that the tort imposes liability on two or more persons acting in concert to pursue a course of conduct that is otherwise lawful when committed by a sole actor. Of course, it is a critical element of the tort that the conspirators must have acted with the predominant intention to cause harm to the victim, but it is well settled that malicious intent is not, by itself, a sufficient basis for founding liability. It would thus seem that it is the …

Rbc Properties Pte Ltd V Defu Furniture Pte Ltd [2014] Sgca 62: Restatement Of Law Relating To Misrepresentation In Singapore, Yihan Goh

Research Collection Yong Pung How School Of Law

The recent Court of Appeal decision of RBC Properties Pte Ltd v Defu Furniture Pte Ltd [2014] SGCA 62 (“RBC Properties”) contains an invaluable restatement of the law relating to misrepresentation in Singapore. This entry aims only to summarise that restatement of law. The interested reader may find the facts of the case succinctly discussed by the Court of Appeal in its judgment here and also in this blog entry on the High Court decision.

R1 International Pte Ltd V Lonstroff Ag [2014] Sgca 56: Lessons In Contractual Formation, Yihan Goh

Research Collection Yong Pung How School Of Law

The rules relating to contractual formation are easy to state but difficult to apply in the varied circumstances of practice. It is therefore helpful that the recent Court of Appeal decision of R1 International Pte Ltd v Lonstroff AG [2014] SGCA 56 (“R1 International”) provides much guidance in this area of the law.

R1 International concerned whether a set of terms to arbitrate in Singapore, found in a detailed contract note sent by the appellant to the respondent shortly after their deal (“the deal”) was concluded, was incorporated as part of the contract between the parties. The answer …

A Holistic View Of Agency Enforcement, David L. Markell, Robert L. Glicksman

Scholarly Publications

The law review literature has long recognized that effective enforcement is an essential component of effective regulation. Yet much of the literature focuses on one aspect of the enforcement challenge or another. For example, the underlying theory about optimal levels of enforcement has received considerable attention, as have topics such as the relative merits of using deterrence-based versus cooperation-based approaches and the use of citizen suits. The purpose of this Article is to consider agencies’ enforcement and compliance promotion function holistically.

This Article proposes a three-layered conceptual framework for considering options for structuring the administrative agency enforcement and compliance promotion …

Agglomerama, Lee Anne Fennell

Public Law and Legal Theory Working Papers

Urbanization presents students of commons dilemmas with a pressing challenge: how to achieve the benefits of proximity among people and land uses while curbing the negative effects of that same proximity. This piece, written for the 2014 BYU Law Review Sy

The Psychology Of Corporate Rights, Avital Mentovich, Aziz Huq, Moran Cerf

Public Law and Legal Theory Working Papers

Relying on the corporate personhood doctrine, the U.S. Supreme Court has increasingly expanded the scope of rights granted to corporations and other forms of collective entities. While this trend has received widespread attention in legal scholarship and

State Regulation And The Necessary And Proper Clause, William Baude

Public Law and Legal Theory Working Papers

The new marijuana federalism is here, but is it here to stay? In this Article, I address that question by way of two related points, a practical one and a technical one, and I ultimately argue that state regulation should have a bigger role in fixing the limits of federal constitutional power. The practical point is that the current regime of state marijuana legalization is unstable, and it is a miracle that it is working as well as it is. Because marijuana remains contraband at the federal level, businesses and lawmakers who invest in responsible legalization at the state level …

Siemens Industry Software Pte Ltd V Lion Global Offshore Pte Ltd [2014] Sghc 251: Further Issues In Contractual Formation And Duress, Yihan Goh

Research Collection Yong Pung How School Of Law

For a second time in a month, the High Court decision of Siemens Industry Software Pte Ltd v Lion Global Offshore Pte Ltd [2014] SGHC 251 (“Siemens Industry Software”) gives us valuable guidance on the application of trite principles of contractual formation to a practical fact pattern. The case also discussed whether enforcing one’s legal right can ever amount to duress.

Was Singapore Airlines Liable For Business-Class Seats Sold At Economy Rates?, Yihan Goh

Research Collection Yong Pung How School Of Law

Much has been reported about Singapore Airlines (“SIA”) mistakenly charging economy rates for around 900 business-class seats due to a computer input error. Yesterday, SIA said that it would honour those tickets at economy rates, reversing its previous position that it would not, and closing the episode on a note of goodwill. This blog entry explores the legal analysis behind the episode on the assumption that Singapore contract law applies, so as to maintain its general relevance to a Singaporean audience and its specific application to online retailers concerned about making similar pricing errors. Of course, the analysis would differ …

The Sentencing Of "Couriers" Under Section 33b Of The Misuse Of Drugs Act: Pp V Chum Tat Suan [2014] Sgca 59, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Sections 33B(1)–(2) of the Misuse of Drugs Act (“the Act”)1 allow for a person who commits an offence under ss 5(1) or 7 of the Act to be sentenced to life imprisonment and caning instead of death if two conditions are met.

The Use And Abuse Of Labor's Capital, David H. Webber

Faculty Scholarship

The recent financial crisis has jeopardized the retirement savings of twenty-seven million Americans who depend on public pension funds, leading to cuts in benefits, increased employee contributions, job losses, and the rollback of legal rights like collective bargaining. This Article examines ways in which public pension funds invest against the economic interests of their own participants and beneficiaries, and the legal implications of these investments. In particular, the Article focuses on the use of public pensions to fund privatization of public employee jobs. Under the ascendant — and flawed — interpretation of the fiduciary duty of loyalty, public pension trustees …

Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Danielle K. Citron, Frank Pasquale

Faculty Scholarship

There are several normative theories of jurisprudence supporting our critique of the scored society, which complement the social theory and political economy presented in our 2014 article on that topic in the Washington Law Review. This response to Professor Tal Zarsky clarifies our antidiscrimination argument while showing that is only one of many bases for the critique of scoring practices. The concerns raised by Big Data may exceed the capacity of extant legal doctrines. Addressing the potential injustice may require the hard work of legal reform.

Vol. 6 No. 1, Fall 2014; 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.

Unpacking Patent Assertion Entities (Paes), Christopher A. Cotropia

Law Faculty Publications

In Part I, we explain several theories on why PAEs are beneficial or detrimental to the patent system. These theories outline distinct categories of patent holders who enforce their patents. Transforming the distinct categories into a coding scheme, we detail in Part II the methodology we used to generate the dataset. Part III provides descriptive statistics of 2010 and 2012 patent litigation. We discuss implications of the data, including points of disagreement between our data and the data of others, in Part IV. We also describe some areas of future study, many of which we are presently undertaking. Finally, we …

Beware: Teachers Who Blog, Charles J. Russo

Educational Leadership Faculty Publications

A recent case from Pennsylvania, Munroe v. Central Bucks School District (2014), raises fresh questions about the free speech and expression rights of public school teachers as they use the Internet. In Munroe, when a board terminated a high school teacher’s employment for making controversial postings about her students and colleagues on her personal blog—postings that proved disruptive—a federal trial court rejected the educator’s claim that she was dismissed in retaliation for exercising her right to free speech.

Before reviewing the facts and judicial opinion in Munroe, it is worth noting that blogs (a term coined in the late 1990s …

Windsor, Surrogacy, And Race, Khiara Bridges

Faculty Scholarship

Scholars and activists interested in racial justice have long been opposed to surrogacy arrangements, wherein a couple commissions a woman to become pregnant, give birth to a baby, and surrender the baby to the couple to raise as its own. Their fear has been that surrogacy arrangements will magnify racial inequalities inasmuch as wealthy white people will look to poor women of color to carry and give birth to the white babies that the couples covet. However, perhaps critical thinkers about race should reconsider their contempt for surrogacy following the Supreme Court’s recent decision in United States v. Windsor. In …

50 Years Of Legal Education In Ethiopia: A Memoir, Stanley Z. Fisher

Faculty Scholarship

In this paper I describe my experience as one of the early members of the Haile Selassie I University (H.S.I.U.), Law Faculty, and share my reflections on developments in the ensuing years.

Soapbox: Racial Profiling Is An Epidemic In Canada, Sujith Xavier

Law Publications

Racial profiling is an epidemic in Canada. Experts recognize racial profiling’s limitations as a policing tool. Social science researchers and lawyers suggest that racial profiling is an affront to our human rights and dignity. Much more importantly, it is unconstitutional and contrary to our shared values rooted in pluralism and fundamental freedoms. Law enforcement officials and the public nonetheless seem prepared to look past these concerns because it is necessary to protect the public from serious harm.

Vol. 47, No. 13 (December 1, 2014)

Indiana Law Annotated

No abstract provided.

Business Torts And Unfair Competition Handbook, 3rd Edn, Maurice Stucke

Scholarly Works

No abstract provided.

An Empirical Analysis Of Diversity In The Legal Profession, Jason P. Nance, Paul E. Madsen

UF Law Faculty Publications

The purpose of this Study is to empirically examine the diversity of the legal profession. The primary distinctive features of this empirical analysis are that it evaluates diversity in the legal profession by (a) carefully comparing it against other prestigious professions that have significant barriers to entry, and (b) focusing on young individuals who recently began their careers. These distinctions are made to isolate anomalies that are more likely caused by forces specific to the legal profession rather than general social forces that limit the eligibility of historically disadvantaged groups to pursue prestigious employment opportunities. Further, by narrowing our focus …

How Copyright Law May Affect Pop Music Without Our Knowing It, Peter K. Yu

Faculty Scholarship

Commissioned for a symposium on copyright law and the creation of music, this article explores five questions about popular music that can be illuminated by greater insights into copyright law and the music business. Why do popular songs usually last for fewer than five minutes? Why are professional songwriters dissatisfied with Pandora and Spotify? Why can we bring European CDs back to the United States? Why can't YouTube videos be created with ASCAP/BMI licenses? Are digital downloads sales or licenses? And as a bonus: Why did the royalty rate for sheet music stay at seven cents per copy?

It is …

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose

Faculty Scholarship

This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.