Law Commons^™

Changing Structures In The Practice Of Law, Geoffrey C. Hazard Jr.

Louisiana Law Review

No abstract provided.

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

Louisiana Law Review

No abstract provided.

The Biased Expert Witness In Louisiana Tort Law: Existing Mechanisms Of Control And Proposals For Change, W. Raley Alford Iii

Louisiana Law Review

No abstract provided.

City Of Monterey V. Del Monte Dunes At Monterey: Drawing The Battle Lines Clearly, Mark Mahaffey

Louisiana Law Review

No abstract provided.

A "Primer", Renee Zeringue

Louisiana Law Review

No abstract provided.

A Common Law Intrusion In To The Civil Law: Carriere V. Bank Of Louisiana, Marianne Rabalais

Louisiana Law Review

No abstract provided.

The Better Part Of Wisdom Is Deference: Judicial Review Of An Office Of Conservation Order In Yuma Petroleum Co. V. Thompson, James H. Dupuis Jr.

Louisiana Law Review

No abstract provided.

Museletter: November 2000, Gail F. Zwirner

Museletter

Table of Contents:

Technically Speaking: Meet the Technical Services Staff by Tim Edwards

At the Movies: The Contender by Gail Zwirner

New!!! Law School Exams Now Available Online! by James Wirrell and Lois Brown

Recent Faculty Publications

Fall 2000 Computer Challenges by Kim Wiseman

William Taylor Muse, November 27, 1906 - October 31, 1971

Elementary And Persistent Errors In The Economic Analysis Of Intellectual Property, Edmund W. Kitch

Vanderbilt Law Review

The literature on the economic analysis of intellectual property rights evidences a broad scholarly consensus on a number of central and important issues. First, intellectual property rights en- able economic actors to capture some of the benefits of the investment they make in establishing a good reputation, creating expressive works, and inventing new and improved technology. Absent intellectual property rights, copiers are free to take for themselves a significant part of the economic benefit generated by these types of investment and to undermine the incentive to make these in- vestments in the first place. Second, the investment activities induced by …

Intellectual Property Rights And The New Institutional Economics, Robert P. Merges

Vanderbilt Law Review

When someone speaks of "the law and economics of intellectual property rights" (IPRs), an image along the lines of the following diagram is apt to come to mind: Wilson Sonsini Goodrich & Rosati Professor of Intellectual Property Law, U.C. Berkeley (Boalt Hall) School of Law. For helpful comments, the author wishes to thank members of the Vanderbilt Law School Conference, "Taking Stock: The Law and Economics of Intellectual Property Rights," April, 2000. The usual disclaimer applies.

This is the basic illustration of monopoly price and output, familiar from introductory microeconomic texts. It is often used to explain the effects of …

Decolonising Restoration And Justice: Restoration In Transitional Cultures, Mark Findlay

Research Collection Yong Pung How School Of Law

This article is a strategy for the comparative analysis of justice in various contesting forms. To identify useful levels of the comparative project, the colonising potential of restorative justice is examined. In this context the influence of formalised justice mechanisms over the less formal is explored, with examples in transitional cultures in the South Pacific discussed. Local and global potentials (and dilemmas) are identified for analysis. The integration of justice forms, both in terms of structure and ideology, is argued for. Notions of collaborative rather than restorative justice are advanced, in order that the intersection between state-sponsored and customary justice …

Moral And Legal Rhetoric In International Relations: A Rational Choice Perspective, Eric A. Posner, Jack L. Goldsmith

Coase-Sandor Institute for Law & Economics Research Paper Series

Critics of realist and rational choice approaches to international law argue that if nations were motivated entirely by power or self-interest, their leaders would not make moral and legal arguments because no one would believe them. Thus, the prevalence of moral and legal rhetoric on the international stage refutes the behavioral assumptions of realism and rational choice. This paper argues that even if nations are not motivated by a desire to comply with morality or law, the use of moral and legal arguments could occur in equilibrium. Signaling and cheap talk models show that nations may engage in talk in …

Strategic Disclosure In The Patent System, Douglas Gary Lichtman, Scott Baker, Kate Kraus

Coase-Sandor Institute for Law & Economics Research Paper Series

Patent applications are evaluated in light of the prior art. What this means is that patent examiners evaluate a claimed invention by comparing it with what in a rough sense corresponds to the set of ideas and inventions already known to the public. This is done for three reasons. First, the comparison helps to ensure that patents issue only in cases where an inventor has made a non-trivial contribution to the public’s store of knowledge. Second, it protects a possible reliance interest on the part of the public since, once an invention is widely known, members of the public might …

The Dormant Commerce Clause And The Internet, Jack L. Goldsmith, Alan O. Sykes

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Zen Of Corporate Capital Structure Neutrality, Herwig J. Schlunk

Michigan Law Review

It is well understood that corporate capital structure affects tax collections. Most basically, corporate interest expense is deductible. With each interest accrual, the corporate tax base shrinks. Thus, there is a broad range of circumstances in which corporate managers are encouraged by the Internal Revenue Code (the "Code") to load their corporate capital structures with debt. But there is little support for the proposition that Conpress desires corporations to adopt such debt-laden capital structures. Indeed, much tax legislation suggests congressional displeasure with the achievable degree of corporate self- integration. On the other hand, corporate equity has its charms: shareholders are …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook

Michigan Law Review

The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …

Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett

Journal Articles

Many States exempt religious parents from prosecution, or limit their exposure to criminal liability, when their failure to seek medical care for their sick or injured children is motivated by religious belief. This paper explores the question what, if anything, the debate about these exemptions says about the state's authority to override parents' decisions about education, particularly religious education. If we accept, for example, that the state may in some cases require medical treatment for a child, over her parents' objections, to avoid serious injury or death, should it follow that it may regulate, or even forbid, a child's religious …

Masthead, Volume 22 (2000-2001)

Cardozo Law Review

No abstract provided.

The Zen Of Corporate Capital Structure Neutrality, Herwig J. Schlunk

Vanderbilt Law School Faculty Publications

Given the current tax rate structure - where the marginal tax rate of some persons exceeds the corporate tax rate and the marginal tax rate of others is exceeded by it - corporations are generally well advised to employ both debt and equity in their capital structures. The former will be held by low tax rate taxpayers and will serve to lower the effective aggregate tax rate6 on the corporation's taxable income. The latter will be held by high tax rate taxpayers and will serve to keep low the effective aggregate tax rate on the corporation's unrecognized economic income (such …

Constitutional Change And International Government, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Nachfrist Was Ist? Thinking Globally And Acting Locally: Considering Time Extension Principles Of The U.N. Convention On Contracts For The International Sale Of Goods In Revising The Uniform Commercial Code, John C. Duncan Jr.

BYU Law Review

No abstract provided.

The Exclusionary Rule And Damages: An Economic Comparison Of Private Remedies For Unconstitutional Police Conduct, Jeffrey Standen

BYU Law Review

No abstract provided.

When We Cannot Deport, Is It Fair To Detain?: An Analysis Of The Rights Of Deportable Aliens Under 8 U.S.C 1231(A)(6) And The 1999 Ins Interim Procedures Governing Detention, Daniel R. Dinger

BYU Law Review

No abstract provided.

Let's Be Reasonable Here: Why The Ada Will Not Ruin Professional Sports, Michael Waterstone

BYU Law Review

No abstract provided.

Preslar V. Commissioner: Debt-Discharge Income And Its Rationale, Chad J. Pomeroy

BYU Law Review

No abstract provided.

In Re Impounded: When Will The Right Against Self-Incrimination Protect Witnesses From Foreign Prosecution?, R. Christopher Preston

BYU Law Review

No abstract provided.

Www.Wildwest.Gov: The Impact Of The Internet On State Power To Enforce The Law, Terrence Berg

BYU Law Review

No abstract provided.

Nuclear Weapons, Ethics, Morals, And Law, Jonathan Granoff

BYU Law Review

No abstract provided.

Clear Inarticulation--State Action Antitrust Immunity And State Agencies: Neo Gen Screening, Inc. V. New England Newborn Screening Program, Shane L. Keppner

BYU Law Review

No abstract provided.