Law Commons^™

An Opportunity Not To Be Missed: The Future Of Comparative Law In The United States, Ugo Mattei

Ugo Mattei

No abstract provided.

Four Stories About Copyright Law And Appropriation Art, Matthew Rimmer

Matthew Rimmer

This article considers copyright law and the art of appropriation in an Australian context. It tells four stories about Australian artists - Imants Tillers, Gordon Bennett, Juan Davila and Tracey Moffatt. The stories examine the postmodern critique of copyright law, indigenous copyright and self-determination, the introduction of moral rights, and copyright, photography and film. The article concludes that the work of such contemporary artists has practical implications for the reform of copyright law.

Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison

Michael J. Madison

ProCD, Inc. v. Zeidenberg, which enforced a "shrinkwrap" license for computer software, has encouraged the expansion of the shrinkwrap form beyond computer programs, forward, onto the Internet, and backward, toward such traditional works as books and magazines. Authors and publishers are using that case to advance norms of information use that exclude, practically and conceptually, a robust public domain and a meaningful doctrine of fair use. Contesting such efforts by focusing on the contractual nature of traditional shrinkwrap, by relying on market principles, on adhesion theory, on commercial law concepts of usage and custom, or on federal preemption doctrine, feeds …

Understanding The Time Path Of Crime, John Donohue

John Donohue

No abstract provided.

Some Thoughts On Law And Economics And The Theory Of Second Best, John Donohue

John Donohue

No abstract provided.

The Legality Of Arbitration Proceedings Before Sports Courts, Marios Papaloukas

Marios Papaloukas

This article by Marios Papaloukas is about the legal problems caused by the fact that sports courts are considered as arbitration courts. Is forced arbitration allowed in sports cases?

Programa Para Un Curso Universitario De Literatura Y Derecho, Leysser L. Leon

Leysser L. León

Proyecto de sílabo del curso Literatura y Derecho presentado a la Facultad de Derecho de la Pontificia Universidad Católica del Perú en noviembre de 1998.

Europeanisering Van Het Benelux Merkenrecht (In: Opstellen Aangeboden Aan Theo Bremer), Severin De Wit

Severin de Wit

No abstract provided.

The Birth Of The Universal Declaration Of Human Rights, Michael Cooper

Michael D. Cooper, Esq.

This short article, written for an audience of U.S. based social science teachers, reviews the historical circumstances surrounding the drafting of the Universal Declaration of Human Rights, which the United Nations General Assembly adopted on December 10, 1948. The narrative focuses attention on the negotiating process and, in particular, Eleanor Roosevelt’s role as Chair of the U.N. Commission on Human Rights, which drafted the landmark document.

Technology On The Factory Floor Iii: Technology Use And Training In Us Manufacturing Firms, Paul Swamidass

Paul Swamidass

This is the third issue of the Technology on the Factory Floor series. The study was sponsored by the Manufacturing Institute and the National Science Foundation. Data for this study of manufacturing technology use was collected from 1,025 manufacturing plant managers during 1997 using a modified survey questionnaire originally used in the 1993 study.

The findings were: Since the 1993 study, inventory turnover increased, rejection and rework reduced, and cycle time and manufacturing costs decreased; overall, there was measurable improvement in manufacturing since 1993. Other findings were: larger plants use technologies more extensively than smaller plants; exporters use more manufacturing …

International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood

Stepan Wood

Nine years ago, Kenneth Abbott published an article exhorting international lawyers to read and master regime theory, arguing that it had multiple uses for the study of international law.1 He went as far as to call for a 'joint discipline" that would bridge the gap between international relations theory (IR) and international law (IL). Several years later, one of us followed suit with an article mapping the history of the two fields and setting forth an agenda for joint research. 2 Since then, political scientists and international lawyers have been reading and drawing on one another's work with increasing frequency …

Federalism And The Family Reconstructed, Jill Elaine Hasday

Jill Elaine Hasday

No abstract provided.

The Underfunded Death Penalty: Mercy As Discrimination In A Rights Based System Of Justice, Malla Pollack

Malla Pollack

This paper suggests that the relationship between justice and mercy is dependent on the system in which they are operating. [In a rights-based system, one where discrimination is forbidden, mercy is acceptable only when it is a subset of justice. Arbitrary mercy treating like cases in unlike fashion is moral only if individuals have no "right" to equal treatment, i.e., in a duty-based system. This paper begins with moral theory: part I briefly presents other recent philosophical treatments of mercy; part II states a philosophical "Thesis," illustrates it with the leading case of Queen v. Dudley, and explains why Dudley …

Rules Of Engagement, Rebecca Tushnet

Rebecca Tushnet

No abstract provided.

Discrimination In Employment, John Donohue

John Donohue

No abstract provided.

Effective Administration Of Justice In Nigeria, Ovunda V. C. Okene Phd

OVUNDA V. C. OKENE PhD

No abstract provided.

Freedom To And Freedom From: A Response To Garvey And Armacost With A Tinge Of Legal Perfectionism, Steve Sheppard

Steve Sheppard

In his article Control Freaks, 47 Drake L. Rev. 1 (1998), Professor John Garvey offers a controversial explanation of how freedom works and why it is good, which is something the traditional American narrative of freedom assumes without attempting a further justification. Professor Garvey’s theory of freedom depends on freedom’s instrumental quality. Freedom is the mechanism that protects a citizen’s abilities to lead a good life and to act for moral purposes. Professor Garvey asserts that lawmakers must first evaluate the morality of an act before they decide whether it deserves protection. When an act does not serve a moral …

Limitations On The Duty To Warn Under The Restatement (Third) Of Torts, Richard O. Faulk

Richard Faulk

The Restatement (Third) of Torts carries forward the former Restatement's limitations on the warning duties owed by sophisticated customers and those who sell product in bulk shipments. Necessity of warnings in those contexts is governed by the purchasers need for the information and the feasability of communicating with ultimate users. Since modern life would be intolerable unless persons can rely upon knowledgeable intermediaries to discharge their independent duties to end users, the Third Restatement preserves the principles that limit manufacturer liability under those circumstances.

Building A Better Mousetrap: A New Approach To Trying Mass Tort Cases, Richard O. Faulk

Richard Faulk

For many years, both state and federal courts have struggled with the extraordinarily difficult problems raised by mass tort litigation. In an effort to resolve these controversies, the courts have resorted to increasingly creative procedures -- with mixed results. Courts have tried class certification in various forms, consolidation on a "controversy by controversy" basis or on the basis of "common issues," and bellwether trials with smaller groups of plaintiffs selected by varying procedures. These creative techniques have been employed in the interest of achieving results and ending the controversies expeditiously. Unfortunately, in pursuing those goals, each technique has collided, in …

Les Droits De L'Homme Dans L'Union Soviétique , Eric A. Engle

Eric A. Engle

L'aritcle expose la conception de la légalité socialiste afin de situer le UdRSS.

La Justice Selon Aristote, Eric A. Engle

Eric A. Engle

L'Article presente une synthese de l'idee de la justice selon Aristote. The article presents a synthesis of the idea of justice according to Aristotle.

Crisis En La Corte Suprema, Horacio M. Lynch

Horacio M. LYNCH

Presentación en la conferencia dictada en la ciudad de Córdoba, con motivo de la reunión de la Federación de Colegios de Abogados de la Provincia de Córdoba.

Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson

Ira Steven Nathenson

This Article addresses 'spamdexing,' namely, the practice of stuffing invisible keywords into webpages in order to try to get more favorable listings with search engines. For instance, some website owners will stuff the trademarks of competitors into a webpage’s code, particularly by using 'meta tags,' indexing keywords that can be hidden in a webpage’s source code. Although meta tags are not typically viewed by users, the code can be read by search engines, with the result that webpages may be improperly boosted in search engine rankings. Such practices can confuse the public and have also spurred trademark lawsuits. But the …

Silver Lining Or Double-Edged Sword? Equipopulation Exceptions And Environmental Protection, Michael Grynberg

Michael Grynberg

No abstract provided.

Bribery In Commerce - New Zealand, Frank X. Quin Mr

Frank X Quin

New Zealand's criminal law on bribery dates back nearly 100 years with virtually no attention to revision or reform over that period, reflecting (perhaps) the country's relatively corruption-free status. Yet there remains ambiguity on just what comes within the ambit of the criminal offences and, especially, what is meant by "corruptly".

Los Mecanismos Iniciales De Defensa De La Constitución En El Perú: El Poder Conservador Y El Consejo De Estado (1839-1855), Daniel Soria Luján

Daniel Soria Luján

No abstract provided.

The Effect Of Repeal Of The Baseball Antitrust Exemption On Franchise Relocations, Jeffrey M. Mcfarland, Thomas Hurst

Jeffrey M McFarland

No abstract provided.

Postmodernism, Spirit Healing, And The Proposed Amendments To The Indian Child Welfare Act, Sandra Ruffin

Sandra Ruffin

No abstract provided.

קונטרס דינא דמלכותא

Arthur Lang

No abstract provided.

Improving Compliance With The International Law Of Marine Environmental Protection: The Role Of The European Union, André Nollkaemper

André Nollkaemper

No abstract provided.