Law Commons^™

El Pago Indebido, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Fusiones Empresariales, Control Y Libre Competencia, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

The Northeast Asian Seas: The Regional Legal Instruments Of Cooperation For Marine Environment And Sustainable Development, Young K. Kim

Young K Kim

The Asia Pacific region is characterized by a number of features which give prominence and unique significance in relation with the marine environment issues. As a result of rapid growth in population, economy, and political maturity, marine environment protection and resource management have emerged as a vital task for the individual nations, as well as the Asia Pacific region as a whole. The concerned riparian States of the Northeast Asian Seas have been fully aware of the immediate relevance of the target conception, "the sustainable development" for their economic development and environment policy. Since 1992 Rio UNCED, they have endeavored …

Should Courts Deduct Non-Legal Sanctions From Damages?, Robert D. Cooter, Ariel Porat

Robert Cooter

When legal and social norms regulate the same behavior, an act can trigger both legal and non-legal sanctions. Should courts deduct the non-legal sanction suffered by the wrongdoer from damages owed to the victim? We provide the answer for a legal system that seeks to minimize social costs. Non-legal sanctions typically harm the wrongdoer and benefit other people. In principle, courts should avoid over-deterring wrongdoers by deducting the benefit of the non-legal sanction from compensatory damages. In practice, instead of deducting the benefit of the non-legal sanction to other people, courts should deduct the burden on the wrongdoer. Deducting the …

Suburban Sprawl: Not Just An Environmental Issue, Michael E Lewyn

Michael E Lewyn

Explains why conservatives should be concerned about suburban sprawl, and how market-oriented solutions can mitigate sprawl.

The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright

Richard W. Wright

Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive …

A Century Of Change In Personal Injury Law, Stephen D. Sugarman

Stephen D Sugarman

The 20th century witnessed enormous change in American personal injury law. Over the past 100 years, torts has emerged out of a largely ineffective backwater of the law. Today, tort doctrine has coalesced around a robust law of negligence, anchored not only in contemporary concerns about fairness, but also in considerations of loss spreading and safety promotion. Over the course of the 20th century, cultural change, change in the legal and other professions, changes in civil procedure and evidence law, the development of liability insurance, and more have made it both much easier and far more natural for accident victims …

Concurring In Result Without Written Opinion: A Condemnable Practice, Ira P. Robbins

Ira P. Robbins

No abstract provided.

El Contrato De Franquicia Y El Derecho Laboral. Su Relación A Través Del Art. 30 De La Ley De Contrato De Trabajo, Carlos Molina Sandoval

Carlos Molina Sandoval

El propósito del presente trabajo es analizar algunos puntos de interconexión entre el derecho laboral y el contrato de franquicia. Más concretamente, demostrar que el art. 30, LCT, no resulta aplicable a las relaciones de franquicia. Este cometido y su consecuente análisis se realizará a través de algunos breves comentarios a un reciente y novedoso fallo sobre el tema.

Liberals And The School Choice Debate, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

The Virtuous Circle Of Distrust: A Mechanism To Deter Bribes And Other Cooperative Crimes , Robert D. Cooter, Nuno Garupa

Robert Cooter

No abstract provided.

The Owned Public Domain: The Constitutional Right Not To Be Excluded – Or The Supreme Court Chose The Right Breakfast Cereal In Kellogg V. National Biscuit Co., Malla Pollack

Malla Pollack

Before the rise of law and economics, the Supreme Court decided several cases involving patent holders' attempts to use trademark doctrines to slow down competitors after the expiration of their utility patents; in each of these cases, the Court enforced a public right to use material in the public domain. To give one famous example, Kellogg Co. v. National Biscuit Co., the "shredded wheat case," came to the Court after the expiration of a product and process utility patent on that once-innovative breakfast cereal. The Court held that a competitor could freely copy the product's name and its well known …

Anteproyecto De Ley Sobre Grupos De Empresas, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Year 2000 Overview: Governmental Responses To Pregnant Women Who Use Alcohol Or Other Drugs, Lynn M. Paltrow, David S. Cohen, Corinne A. Carey

David S Cohen

No abstract provided.

Contract Renegotiation And Options In Agency Problems, Aaron S. Edlin, Benjamin E. Hermalin

Aaron Edlin

This article discusses the ability of an agent and a principal to achieve the first-best outcome when the agent invests in an asset that has greater value if owned by the principal than by the agent. When contracts can be renegotiated, a well-known danger is that the principal can hold up the agent, undermining the agent's investment incentives. We begin by identifying a countervailing effect: Investment by the agent can increase his value for the asset, thus improving his bargaining position in renegotiation. We show that option contracts will achieve the first best whenever his threat-point effect dominates the holdup …

Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday

Jill Elaine Hasday

No abstract provided.

Housing Part Proceedings: The Tenuous Nature Of The Economic-Infeasibility Defense, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Los Grupos De Empresas En El Perú, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Rights And Obligations Of Third Parties, Aristides N. Hatzis

Aristides N. Hatzis

Three different issues, related to third party involvement in a contractual relationship, are examined. The first two (assignment of contractual rights/delegation of contractual duties and third-party beneficiary contracts) are examined in a unified way. After pointing to the striking similarity between beneficiary and assignment contracts, we discuss the non-simultaneous assent argument, the danger of creating open classes of beneficiaries without the intention of the contracting parties, and other problems. In a second part, we deal with the controversial issue of efficient breach due to inducement by a third party. After reviewing the literature, we briefly consider the use of liquidated …

Optimal Number Of Governments, Robert D. Cooter

Robert Cooter

No abstract provided.

The Demidenko Affair: Copyright Law, Plagiarism, And Ridicule, Matthew Rimmer

Matthew Rimmer

Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Los Grupos De Empresas En La Legislación Peruana, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Setting Arbitrators’ Fees: An International Survey, John Y. Gotanda

John Y Gotanda

No abstract provided.

The Constitutional Implications Of Race-Neutral Affirmative Action, Kim Forde-Mazrui

Kim Forde-Mazrui

This paper explores the constitutional implications of race-neutral affirmative action, i.e., governmental efforts to pursue affirmative action goals, such as remedying discrimination and promoting diversity, through non-racial means. For example, to increase minority enrollment, some public universities give weight in the admission process to economic background. This paper suggests that such "race-neutral" policies may be just as unconstitutional as racial preferences if they are motivated by arguably discriminatory (against whites) purposes. I then present two doctrinal defenses of race-neutral affirmative action. First, assuming that strict scrutiny would apply to such policies, I argue that remedying discrimination, even so-called "societal discrimination," …

Sales, John D. Wladis, Larry T. Garvin, Robyn L. Meadows, Veryl L. Miles, Mark E. Roszkowski

John D Wladis

No abstract provided.

Assessing The Proposed Refugee Protection Act: One Step In The Right Direction, Michele Pistone

Michele R. Pistone

Professor Pistone discusses the Refugee Protection Act (RPA), the proposed legislation which revisits the one year asylum filing deadline and expedited removal provisions, some of the more controversial provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). This paper analyzes the appropriateness of RPA's proposed changes to existing law and how it can better meet its goal of helping to "ensure that those who arrive in the United States fleeing persecution have a fair and adequate opportunity to present claims for protection." Part I provides background information concerning current U.S. refugee and asylum law. Part II …

Uniform Commercial Code Survey, Sales, John T. Wladis, Larry T. Garvin, Robyn L. Meadows, Veryl L. Miles, Mark E. Roszkowski

Robyn L Meadows

No abstract provided.

Random Violence And The Transformation Of The Juvenile Justice Debate (Book Review), Daniel M. Filler

Daniel M. Filler

No abstract provided.

What Readers Of Legal Briefs Hate: The Top 30 Sins, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.