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2003

Selected Works

Selected Works

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Articles 31 - 60 of 246

Full-Text Articles in Law

The Tell-All Hurler: Jim Bouton And "Ball Four", Mitchell J. Nathanson Jul 2003

The Tell-All Hurler: Jim Bouton And "Ball Four", Mitchell J. Nathanson

Mitchell J Nathanson

This chapter examines whether the information released within Bouton's "Ball Four" constituted legally protectable infomation and whether Major League Baseball (MLB) could have sought legal recourse as a result of the release of the book. This chapter concludes that while the "secrets" revealed by Bouton most likely did not constitute trade secrets, they may nevertheless still have been protectable under a lesser classification of commercial information. As such, MLB may have been able to pursue a case against Bouton for a possible breach of his fiduciary duty of loyalty to his employer.


1. American Psychological Association, National Association Of Counsel For Children, American Professional Society On The Abuse Of Children, And California Professional Society On The Abuse Of Children In Support Of Respondent. Stogner V. California., Thomas D. Lyon Jul 2003

1. American Psychological Association, National Association Of Counsel For Children, American Professional Society On The Abuse Of Children, And California Professional Society On The Abuse Of Children In Support Of Respondent. Stogner V. California., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


Mechanisms For Addressing Third Party Impacts Resulting From Voluntary Water Transfers, Vernon L. Smith, James J. Murphy, Ariel Dinar, Richard E. Howitt, Erin Mastrangelo, Stephen Rassenti Jul 2003

Mechanisms For Addressing Third Party Impacts Resulting From Voluntary Water Transfers, Vernon L. Smith, James J. Murphy, Ariel Dinar, Richard E. Howitt, Erin Mastrangelo, Stephen Rassenti

Vernon L. Smith

This paper uses laboratory experiments to test alternative water market institutions designed to protect third party interests. The institutions tested include taxing mechanisms that raise revenue to compensate affected third parties and a market in which third parties actively participate. The results indicate that there are some important trade-offs in selecting a policy option. Active third party participation in the market is likely to result in free riding that may erode some or all of the efficiency gains, and may introduce volatility into the market. Taxing transfers and compensating third parties offers a promising balance of efficiency, equity and market …


The Death Of Roy Lee Centers, Kenneth D. Tunnell, Terry C. Cox Jun 2003

The Death Of Roy Lee Centers, Kenneth D. Tunnell, Terry C. Cox

Kenneth Tunnell

"Be it remembered." A simple command yet, in this case, an introduction spoken by the judge in the Breathitt County, Ky., trial of William (Bill) R. Hurst, who killed Roy Lee Centers, a native of Jackson, Kentucky


The Final Bullet In The Body Of The More Guns, Less Crime Hypothesis, John Donohue Jun 2003

The Final Bullet In The Body Of The More Guns, Less Crime Hypothesis, John Donohue

John Donohue

No abstract provided.


‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M. Moringiello Jun 2003

‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.


Technique: A Legal Method To The Madness—Part Ii, Gerald Lebovits Jun 2003

Technique: A Legal Method To The Madness—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Application Of An Extended Collective Licensing Regime In Canada: Principles And Issues Related To Implementation, Daniel J. Gervais Jun 2003

Application Of An Extended Collective Licensing Regime In Canada: Principles And Issues Related To Implementation, Daniel J. Gervais

Daniel J Gervais

The report examines the advantages, disadvantages and constraints of using an extended collective license in Canada (or extended repertoire) and concludes that the system would make sense in some areas. The use of this system in other countries is discussed.


Satellite Digital Audio Radio Searching For Novel Theories Of Action, Daniel H. Erskine May 2003

Satellite Digital Audio Radio Searching For Novel Theories Of Action, Daniel H. Erskine

Daniel H. Erskine

Satellite radio may be becoming increasingly popular, but there is a little known drawback to the technology: it interferes with many existing wireless networks in place, such as cellular telephone service. This article looks at the legal implications that this interference causes and what kind of liability satellite operators like Sirius and XM Radio may face. Erskine includes a detailed description of how satellite radio operates and in turn describes how this operation causes the disruption. He then moves into a discussion of the current law surrounding the technology and different theories of liability, including tort theories. His approach is …


Materiality Of Disclosures: Learned Hand Is Misconstrued In His Own Circuit (Formerly Entitled A Virus In The Circuit...), Graydon S. Staring May 2003

Materiality Of Disclosures: Learned Hand Is Misconstrued In His Own Circuit (Formerly Entitled A Virus In The Circuit...), Graydon S. Staring

Graydon S. Staring

The misreading years ago of an opinion by Learned Hand turned the rule of materiality of disclosure in marine insurance on its head and the frequent uncritical citation of of that reading causes the error, like the Melissa virus to crawl through later decisions.


Construction Producers’ Joint And Several Liability Under Kuwaiti Civil Code’S Decennial Guarantee Provisions, Mashael Alhajeri May 2003

Construction Producers’ Joint And Several Liability Under Kuwaiti Civil Code’S Decennial Guarantee Provisions, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.


Treating Yourself Instrumentally: Internalization, Rationality And Law, Robert D. Cooter May 2003

Treating Yourself Instrumentally: Internalization, Rationality And Law, Robert D. Cooter

Robert Cooter

No abstract provided.


"Lifestyle" Discrimination In Employment, Stephen D. Sugarman May 2003

"Lifestyle" Discrimination In Employment, Stephen D. Sugarman

Stephen D Sugarman

This article examines instances in which employers fire or refuse to hire workers because of their conduct off of the job (their lifestyle). It explores employer reasons for such practices and considers employee objections on the basis of their privacy rights. Then it considers a range of legal protection that is or might be given to protect employees from such discrimination.


The Law And Economics Of Anthropology: A Review , Robert D. Cooter May 2003

The Law And Economics Of Anthropology: A Review , Robert D. Cooter

Robert Cooter

No abstract provided.


National Legal Research Teach-In Celebrates 10 Years Of Success, Gail A. Partin May 2003

National Legal Research Teach-In Celebrates 10 Years Of Success, Gail A. Partin

Gail A. Partin

No abstract provided.


To See Oneself As A Target Of A Justified Revolution: Thomas Jefferson And Gabriel's Uprising, William G. Merkel May 2003

To See Oneself As A Target Of A Justified Revolution: Thomas Jefferson And Gabriel's Uprising, William G. Merkel

William G. Merkel

Examines Jefferson's response to Gabriel's Uprising and argues that Jefferson employed the language of criminal theory in urging Virginia Governor James Monroe to spare the lives of convicted conspirators for the sake of justice and the state's image before the enlightened world. Jefferson's analysis of the slave rebels' acts and intentions makes clear that - at least in abstract, philosophical terms - Jefferson saw the slave uprising as justified, while he viewed white Virginia's resort to deadly force to counter the revolt as at best excusable.


Unrelated Living Organ Donation: Ultra Needs To Go, Sujit Choudhry, Abdallah S. Daar May 2003

Unrelated Living Organ Donation: Ultra Needs To Go, Sujit Choudhry, Abdallah S. Daar

Sujit Choudhry

The recent review of the Unrelated Live Transplant Regulatory Authority (ULTRA) provides administrative and statistical information regarding living donor kidney transplantation in the United Kingdom. However, it leaves much unsaid. For example, although the report does mention the number of live kidney donations from unrelated donors that ULTRA has approved, it fails to mention that the United Kingdom has a low live kidney donation rate compared with other European countries (in 1999, 5.3 kidney donors per million population in the UK; 8.7 in Switzerland, 11.5 in Sweden, 24.6 in Norway). More importantly, the report does not address the fundamental question …


Technique: A Legal Method To The Madness—Part I, Gerald Lebovits May 2003

Technique: A Legal Method To The Madness—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Regulatory Mismatch In The International Market For Legal Services, Carole Silver May 2003

Regulatory Mismatch In The International Market For Legal Services, Carole Silver

Carole Silver

The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, as they educate, train and deploy individuals educated and licensed in the U.S. and abroad. This article examines the ways in which law firms internationalize, and considers the regulatory environment governing crucial interactions between U.S. and foreign-educated lawyers. It builds upon prior work that investigated the impact on U.S. law firms of the development of an international market for legal services and the …


To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto (Review Essay), Kenneth Anderson May 2003

To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto (Review Essay), Kenneth Anderson

Kenneth Anderson

This essay from the Times Literary Supplement (23 May 2003) reviews books on Lincoln's speeches and writings, particularly the Second Inaugural Address. It examines the transition from the First Inaugural Address to the Second Inaugural Address, finally focusing on how Lincoln seeks to steer between moral relativism about the war - each side does as it sees right - and moral absolutism.


Amplied Birdstrike Risk Related To Population Increases Of Large Birds In North America, Paul F. Eschenfelder, Richard Dolbeer Apr 2003

Amplied Birdstrike Risk Related To Population Increases Of Large Birds In North America, Paul F. Eschenfelder, Richard Dolbeer

Paul F. Eschenfelder

No abstract provided.


Hand Rule Damages For Incompensable Losses, Robert D. Cooter Apr 2003

Hand Rule Damages For Incompensable Losses, Robert D. Cooter

Robert Cooter

No abstract provided.


Optimal Penalties In Contracts, Aaron S. Edlin, Alan Schwartz Apr 2003

Optimal Penalties In Contracts, Aaron S. Edlin, Alan Schwartz

Aaron Edlin

Reviews the literature on breach of contract and contract penalties and presents in a coherent framework. Critiques the grounds on which courts validate liquidated damage provisions or invalidate penalties.


Principios Del Derecho De Marcas En La Comunidad Europea, Juan Carlos Riofrío Martínez-Villalba Apr 2003

Principios Del Derecho De Marcas En La Comunidad Europea, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.


Uppercasing Needn't Be A Capital Crime, Gerald Lebovits Apr 2003

Uppercasing Needn't Be A Capital Crime, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Saving State Law Bad-Faith Claims From Preemption, Donald T. Bogan Mar 2003

Saving State Law Bad-Faith Claims From Preemption, Donald T. Bogan

Donald T. Bogan

No abstract provided.


Review Of Sheryl Grana, Women And (In)Justice: The Criminal And Civil Effects Of The Common Law On Women’S Lives, Rose Corrigan Mar 2003

Review Of Sheryl Grana, Women And (In)Justice: The Criminal And Civil Effects Of The Common Law On Women’S Lives, Rose Corrigan

Rose Corrigan

No abstract provided.


A New Approach To Tort Doctrine: Taking The Best From The Civil Law And Common Law Of Canada, Stephen D. Sugarman Mar 2003

A New Approach To Tort Doctrine: Taking The Best From The Civil Law And Common Law Of Canada, Stephen D. Sugarman

Stephen D Sugarman

Canadian tort law follows the common law in most provinces, but the civil law in Quebec. The best of both systems could be drawn together for a better tort law for the 21st century, for both Canada and the United States.


Combating Impunity: A Compilation Of Articles On The International Criminal Court And Its Relevance To India, Vahida Nainar, Saumya Uma Mar 2003

Combating Impunity: A Compilation Of Articles On The International Criminal Court And Its Relevance To India, Vahida Nainar, Saumya Uma

Dr. Saumya Uma

The publication is the first attempt at a compilation of published and unpublished articles written on the relevance of ICC for India. Vahida Nainar – founder-trustee of WRAG and an advisor of ICC-India campaign and Saumya Uma – Director of WRAG, compiled the articles. Apart from assisting the Indian campaign generally, the compilation has been used specifically as a resource material for information dissemination programmes conducted by us.


Consejos Legales Para Diseñadores De Páginas Web, Juan Carlos Riofrío Martínez-Villalba Mar 2003

Consejos Legales Para Diseñadores De Páginas Web, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.