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Articles 1 - 8 of 8
Full-Text Articles in Law
It's Time To Make The Administrative Procedure Act Administrative, Edward L. Rubin
It's Time To Make The Administrative Procedure Act Administrative, Edward L. Rubin
Vanderbilt Law School Faculty Publications
The Administrative Procedure Act (APA) has been out of date from the day it was written because it fails to address the administrative character of the modern state. The APA imposes procedural requirements on agency rulemaking and adjudication, two activities that are singled out because they resemble legislation and judicial decision making in the premodern state. The requirements for adjudication are based on the procedural rules that govern courts; the requirements for rulemaking would be based on the procedural rules that govern legislatures, but because very few such rules exist, they are also based on the rules that govern courts. …
Reconstructing The Software License, Michael J. Madison
Reconstructing The Software License, Michael J. Madison
Michael J. Madison
This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in general, the article argues that none of the grounds on which software licensing in general rests are sound. With respect to open source software in particular, the article concludes that achieving a legitimate institutional form for the goals that open source proponents have set for themselves may require looking beyond licensing as such.
The Economics Of Litigation And Arbitration: An Application To Franchise Contracts, Keith N. Hylton, Christopher R. Drahozal
The Economics Of Litigation And Arbitration: An Application To Franchise Contracts, Keith N. Hylton, Christopher R. Drahozal
Faculty Scholarship
If we define the deterrence benefits from contract enforcement as avoided harms net of avoidance costs, we should expect contracting parties to choose the dispute resolution forum that provides the greatest difference between deterrence benefits and dispute resolution costs for every type of dispute. We apply this general framework to franchise contracts and conduct an empirical analysis of the determinants of arbitration agreements among franchising parties. Although it is obvious that contracting parties have an incentive to choose arbitration in order to reduce dispute-resolution costs, there have been no studies of the importance of deterrence concerns. We examine the deterrence …
Articulating The Right To Democratic Governance In Africa, Nsongurua J. Udombana
Articulating The Right To Democratic Governance In Africa, Nsongurua J. Udombana
Michigan Journal of International Law
This Article articulates the right to democratic governance in Africa, arguing that democratic entitlement ought to acquire, if indeed it already has not acquired, a degree of legitimacy in the continent. If democratic governance is a fundamental human right, which this Article asserts it is, it follows that any African State that denies its citizens the right to any of the elements of democratic entitlement-such as free and open elections-is violating a fundamental right, which should attract responsibility. The Article begins with an examination of the patrimonial State structure in Africa and its negative impact on governance. It is a …
The Participation Of States And Citizens In Global Governance, Saskia Sassen
The Participation Of States And Citizens In Global Governance, Saskia Sassen
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
Globalization And Governance: The Prospects For Democracy, Sir David Williams David Q. C.
Globalization And Governance: The Prospects For Democracy, Sir David Williams David Q. C.
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
"Venn" And The Art Of Shared Governance, Nancy B. Rapoport
"Venn" And The Art Of Shared Governance, Nancy B. Rapoport
Scholarly Works
This article discusses the concept of shared governance in the context of a law school that is part of a university. It argues that the governance of a law school is a shared process between the dean/administration and the faculty. It explains why law schools can't be run the way that businesses are run, and it tries to explain governance in terms of jurisdiction.
Reconstructing The Software License, Michael J. Madison
Reconstructing The Software License, Michael J. Madison
Articles
This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in general, the article argues that none of the grounds on which software licensing in general rests are sound. With respect to open source software in particular, the article concludes that achieving a legitimate institutional form for the goals that open source proponents have set for themselves may require looking beyond licensing as such.