Law Commons^™

The Market For Copyrights: The Price Theory Of Copyright Collectives , Ben Depoorter, Francesco Parisi

Ben Depoorter

This paper applies a model of complementary oligopoly and anticommons pricing to the market for intellectual property rights. Our model demonstrates a surprising and interesting overlooked result: In the market for complementary goods, price coordination and monopolistic pricing do not necessarily represent inefficient equilibria, when compared to the alternative Nash equilibrium. Due to the peculiar cross-price effects in the supply of complementary goods, price coordination and monopolistic supply often constitute an improvement over the alternative equilibrium outcomes. To be precise, the welfare effects of competition and price coordination depend on the nature of the intellectual product concerned. This has significant …

The 2002 Isda Master Agreement Made Simple, Christian Johnson

Christian A. Johnson

The Dmca And The Regulation Of Scientific Research, Joseph Liu

Joseph P. Liu

This Article analyzes the impact of the Digital Millennium Copyright Act (DMCA) on academic encryption research. In this Article, I argue that for both legal and practical reasons academic encryption researchers should be able to conduct and publish certain types of research without significant fear of liability under the DMCA. However, the DMCA will have a non-trivial impact on the conditions under which such research takes place, and this impact can be expected to have several undesirable effects. More broadly, this impact highlights the problematic way in which the DMCA regulates scientific research in furtherance of intellectual property rights. The …

The Boston Legal Aid Society, 1900-1925, Mark Spiegel

Mark Spiegel

This article examines the history of the Boston Legal Aid Society from its founding in 1900 through 1925. In so doing I explore why was Boston Legal Aid started. Depending upon what sources you consult the Boston Legal Aid Society was either the third or fourth legal aid organization started in the United States. The first was New York in 1876 and the second was in Chicago, in the 1880's. My question is why Boston in 1900? What were the forces that led to the founding of this organization at that point in time? Was it part of the effort …

Irreparable Injury And Extraordinary Precaution: The Safety And Feasibility Norms In American Accident Law, Gregory Keating

Gregory C. Keating

The tort law of negligence is one of our principal forms of protection against accidental physical injury. But it is underspecified in one respect and incomplete in another. The common law of negligence is underspecified in that its norm of reasonable care does not register clearly enough the fact that it is reasonable to take greater precautions against some kinds of physical injuries — severe and irreparable ones — than it is against other kinds — mild and fully repairable ones. The common law of negligence is incomplete in that it relies on the award of money damages to induce …

Factless Jurisprudence, Darren Hutchinson

Darren L Hutchinson

No abstract provided.

Embracing Complexity : Human Rights In Critical Race Feminist Perspective, Hope Lewis

Hope Lewis

Although the voices of "women of all colors" have furthered the goals and norms of feminist human rights scholarship, the voices of women of color and Third World women have often been rejected, ignored, or otherwise made invisible. Critical Race Feminist and other multicultural approaches to legal scholarship attempt to unite such voices and reveal their experiences and perspectives in feminist human rights discourse. This Article hypothesizes that Critical Race Feminist will make important contributions to the overall international human rights agenda. It identifies four common themes in a feminist multicultural approach to human rights scholarship: (1) the recognition that …

Commercial Transactions: Secured Financing: Cases, Materials, Problems, Ingrid Hillinger, Raymond Nimmer, Michael Hillinger

Ingrid Michelsen Hillinger

Accompanied by Commercial Transactions: Secured Financing: Cases, Materials, Problems, 3rd ed. Teacher's Manual, by Nimmer, Hillinger and Hillinger. Newark, NJ: LexisNexis, 2003

Ethics Of The Lawyer's Work, James Moliterno

James E. Moliterno

No abstract provided.

International Court Of Justice, David Wirth

David A. Wirth

No abstract provided.

Environmental Health In Public Health, R. Konkel, Darryl Barnett, Joe Beck, Worley Johnson

Steve Konkel

A most intriguing question, and one that leads to many debates both inside and outside of the environmental health field, is a definition of environmental health. The answer given is often tempered by one's political slant (i.e., liberal, moderate, or conservative) and by one's professional training (e.g., public health sanitation, chemistry, nursing, ecology, planning, public administration, etc). Although agreement is needed to effectively address the challenges in the field, disagreement often centers on what constitutes environmental health and even on the name or nickname that should be applied to individuals whose primary focus is on one or many aspects of …

La Definición Y Defensa De Los Derechos Constitucionales: Éxitos, Paradojas Y Desafíos Del Debido Proceso Legal, Robert Barker, V. Bazan

Robert S. Barker

No abstract provided.

Unilateral Trade-Based Measures For Protection Of The Marine Environment: A Legal And Policy Perspective, David Wirth, Douglas Caldwell

David A. Wirth

No abstract provided.

Searches, Seizures, And Warrants: A Reference Guide To The United States Constitution, Robert Bloom

Robert M. Bloom

No abstract provided.

Trade, Inequality, And Justice: Toward A Liberal Theory Of Just Trade, Frank Garcia

Frank J. Garcia

No abstract provided.

Netting, Financial Contracts, And Banks: The Economic Implications, William Bergman, Christian Johnson, Robert Bliss, George Kaufman

Christian A. Johnson

Random Walks Down The Aisle And Class Participation, Christian Johnson, Linnie Wheeless

Christian A. Johnson

Report Of The American Bar Association Task Force On Corporate Responsibility, Lawrence Hamermesh

Lawrence A. Hamermesh

No abstract provided.

International Law, David Wirth

David A. Wirth

No abstract provided.

A Review Of The Year In Family Law: Increased Mobility Creates Conflicts, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.

California's Holocaust Victim Insurance Relief Act And American Preemption Doctrine, Libby Adler

Libby S. Adler

This article discusses the 2003 decision of the United States Supreme Court American Insurance Association v. Garamendi in which five members of the Court, led by Justice Souter, found that California's Holocaust Victim Insurance Relief Act of 1999 (HVIRA) "interferes with the National Government's conduct of foreign relations" and is therefore preempted. The article explains HVIRA and situates it in the larger context of contemporary efforts at restitution for wrongs associated with the Holocaust. It argues that the Court purported to find a conflict between federal and state law, but that the federal “law” with which state law “conflicted” was …

Unexplainable On Grounds Other Than Race: The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren Hutchinson

Darren L Hutchinson

In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourteenth Amendment's Equal Protection Clause by arguing that the Supreme Court has inverted its purpose and effect. Professor Hutchinson contends that the Court, in its judicial capacity, provides protection and judicial solicitude for privileged and powerful groups in our country, while at the same time requires traditionally subordinated and oppressed groups to utilize the political process to seek redress for acts of oppression. According to Professor Hutchinson, this process allows social structures of oppression and subordination to remain intact.

First, Professor Hutchinson examines the various …

Sharing Sacred Secrets: Is It (Past) Time For A Dangerous Person Exception To The Clergy-Penitent Privilege?, R. Michael Cassidy

R. Michael Cassidy

In this article, the author discusses the important and previously unexplored topic of whether the law should recognize a future harms exception to the clergy-penitent privilege, similar to that recognized in the area of psychotherapist-patient and attorney-client privileges. After tracing the origins and current application of the clergy-penitent privilege in America, the author discusses how the privilege as currently applied in most states admits of no exceptions, and is unnecessarily expansive in breadth. Using the hypothetical of a homicidal spouse who reveals to his minister an intent to murder his wife, the article compares the ethical and legal duties of …

Tax Exempt Organizations : Cases And Materials, Nicholas Cafardi, Jaclyn Cherry

Nicholas P. Cafardi

No abstract provided.

Clarence Thomas And The Perils Of Amateur History, Mark Graber

Mark Graber

No abstract provided.

Latino Lawyers Search For Lessons In A Changing Political Landscape, Steven Gonzales

Steven Gonzales

No abstract provided.

American Law Of Real Estate, J. Reitzel, Robert Bennett, M. Garrison

Robert B. Bennett

Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the book or borrow it from a local library.

Girls In The Juvenile Justice System: Perspectives On Services And Conditions Of Confinement, Francine Sherman

Francine T. Sherman

This report details the results of original survey and interview research on perceptions of Judges, Attorneys and girls in the juvenile justice system on conditions of confinement for girls in detention and post-disposition confinement.

The End Of A Natural Monopoly: Deregulation And Competition In The Electric Power Industry, Daniel Cole, Peter Grossman

Peter Z. Grossman

Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the book or borrow it from a local library.

Reparations In South Africa: A Cautionary Tale, Erin Daly

Erin Daly

The South African experience with reparations is an important object lesson for any major effort to seek reparations to the descendents of slaves in the United States. However, the aspect of the TRC's reparations plan that has proved most problematic is the recommendation for monetary payments to "victims" of gross human rights abuses. Although emphasizing the importance of reparations to the victims, the TRC failed to ensure that reparations would be paid. Like the victims’ movements in South Africa, the American movement for reparations for victims and descendants of slavery should a range of monetary as well as non-monetary forms …