Law Commons^™

Monopoly Power In The Electronic Information Industry: Why, And So What?, Curt A. Hessler

ExpressO

This "law and economics" article diagnoses why monopoly power infects so many markets in the electronic media, communications, and information technology industries (collectively the "Industry"),and recommends changes to prevailing intellectual property and antitrust doctrines to remedy this problem.

The analysis focuses on a single "norm" -- the maximization of economic value, as defined by standard welfare economic theory. Identifying three distinct functions that operate throughout this otherwise diverse Industry -- authoring, publishing, and distribution -- the article notes that two economic peculiarities characterize most Industry markets: the technical feasibility of "non-rivalrous use" of digitized information products, and the frequent "creative …

Bounded Rationality, The Doctrine Of Impracticability, And The Governance Of Relational Contracts, Donald J. Smythe

ExpressO

This article uses a behavioral economics approach to analyze the effects of the doctrine of impracticability on “relational” contracts -- long-term contractual agreements that are typically adapted to changed circumstances and unforeseen contingencies as they arise. In contrast to conventional law and economics studies, the article concludes that the impracticability doctrine has the potential to improve the efficiency and productivity of a wide range of long-term contractual agreements, and offers normative guidelines as to how the doctrine should be applied. The article also examines and rejects various philosophical objections to the impracticability doctrine, such as the arguments that it interferes …

Appeal No. 0722: Jack Hooks V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-48

Used, Abused, Arrested And Deported: The Case For Extending Immigration Benefits To Protect Victims Of Trafficking And Secure Prosecution Of Traffickers, Dina F. Haynes

ExpressO

Trafficking is a hot issue, and as such, there have been a number of articles written on the issue. My article, however, is unique in many respects.

I address this article from my perspective of working directly with the governments of Bosnia, Croatia, Serbia and Montenegro to combat escalating trafficking in their countries over the course of four years in the Balkans.

This is the first article that pinpoints errors that governments continue to make in preparing legislation and anti-trafficking programs,

The first to enumerate proposals for enhancing victim protection measures,

The first to identify how enhancing victim protection will …

How The Uncharged Misconduct Rule Was Born, Thomas J. Reed

ExpressO

An examination of People v. Molineux a 1901 New York landmark case in evidence which gave rise to what is now Rule 404(b) of the Federal Rules of Evidence, the history and background of the common law uncharged misconduct rule, and a legal history of this fascinating criminal prosecution

Patent Quality Improvement: Hearing Before The H. Comm. On The Judiciary, 108th Cong., July 24, 2003 (Statement Of John R. Thomas, Prof Of Law, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.

Interview With David Boone - Oh 677, David Boone, Civil Rights

Winthrop University Oral History Program

This interview was conducted by Dr. George Garrison with Brother David Boone for his Emmett Scott High School history project. Emmett Scott High School was the segregated high school for African-Americans, which was named after Emmett Scott, a former aide to Booker T. Washington and President Woodrow Wilson. The school opened in 1920 and was closed in 1970 when full integration was implemented in the Rock Hill School District. Brother David was born in Kentucky but considers Rock Hill his home after moving and joining The Oratory, a Catholic society in Rock Hill. Brother David discusses his decision to relocate …

Crawford V. Washington: Motion For Leave To File And Brief Amicus Curiae Of Law Professors Sherman J. Clark, James J. Duane, Richard D. Friedman, Norman Garland, Gary M. Maveal, Bridget Mccormack, David A. Moran, Christopher B. Mueller, And Roger C. Park, In Support Of Petitioner, Sherman J. Clark, Richard D. Friedman, David A. Moran

Appellate Briefs

This case raises important questions about the meaning of the Confrontation Clause of the Sixth Amendment to the Constitution, which is a central aspect of our criminal justice system. In particular, the second Question Presented in the petition for certiorari suggests that the currently prevailing framework of doctrine under the Clause be reconsidered, to be replaced by one limiting the scope of the Clause to statements that are testimonial in nature but prescribing unequivocally that such statements may not be introduced against an accused unless he has had an opportunity to confront the maker of the statement. Amici are law …

Interview With Phyllis Thompson Hyatt And Elsie White Springs - Oh 666, Phyllis Thompson Hyatt, Elsie White Springs, Emmett Scott High School, Civil Rights, Friendship College

Winthrop University Oral History Program

This interview was conducted by Dr. George Garrison with Phyllis Thompson Hyatt, and Elsie White Springs for his history project on Emmett Scott High School. The school was the segregated high school for African Americans in Rock Hill, South Carolina. It was named for Emmett Scott, a former aid to Booker T. Washington and President Woodrow Wilson. Emmett Scott High School was opened in 1920 and later closed in 1970 with the full integration of the Rock Hill School District. Mrs. Hyatt and Mrs. Springs are alumni of Emmett Scott High School and graduated in 1960. They also attended Friendship …

Interview With Willie And Barbara Boulware - Oh 676, Willie Boulware, Barbara Boulware, Emmett Scott High School

Winthrop University Oral History Program

This interview was conducted by Dr. George Garrison with Willie and Barbara Boulware for his History of Emmett Scott High School project. Emmett Scott High School was the segregated high school for African Americans which was named after Emmett Scott, a former aid to Booker T. Washington and President Woodrow Wilson. The school was opened in 1920 and then closed in 1970 with the integration of Rock Hill South Carolina’s school district. Mr. and Mrs. Boulware attended Emmett Scott High School and discuss their experiences growing up in Rock Hill and their education. They detail the influence and impact Emmett …

July 24. 2003, B. Dysart, T. Murphy, A. Chayes. Beyond Compliance. External Review Of Cao., Ben Dysart, Tim Murphy, Antonia Chayes

CAO General 1999-Present

No abstract provided.

Imf Conditionality As Investment Regulation - A Theoretical Analysis, Daniel R. Kalderimis

ExpressO

This article examines the intersection between the International Monetary Fund (“IMF”) and foreign investment. Although the IMF was not originally designed to regulate foreign investment, IMF policies have famously required capital account liberalization as a condition for access to IMF credit. This article explores the implications of such conditionality and finds it problematic. Investment conditionality is outside the IMF’s mandate, difficult to reconcile with other existing investment regulation instruments, inimical to democracy and potentially destabilizing to the debtor country, and ineffective at ensuring long-term stable change. These conclusions necessitate a reappraisal of the governance and operations of the IMF.

This Is Not Like Any Other Legal Question: A Brief History Of Nazi Law Before British And American Courts, David Fraser

ExpressO

No abstract provided.

Emerging Issues On The Internet For The Legal Profession, Rosaria Vigorito

ExpressO

The paper offers an overview of the emerging issues raised by the Internet in the legal profession. In particular, the extension of the attorney-client privilege; the application of the ethics principle of confidentiality to email communications; Internet connectivity and the security issues pertaining to it; and, general "cyberlegalethics" concerns raised by using the Internet, such as avoiding the unauthorized practice of law and verifying information found on the Web.

H.R. 2432, Paperwork And Regulatory Improvements Act Of 2003: Testimony Before The H. Comm. On Government Reform, 108th Cong., July 22, 2003 (Statement Of Lisa Heinzerling, Prof. Of Law, Geo. U. L. Center), Lisa Heinzerling

Testimony Before Congress

No abstract provided.

Presidential Succession Act Of 2003, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to enable the President to select a successor in the case that both the President and Vice President are unable to serve. This proposed bill requires the President to submit the presidential succession list, with either the Speaker of the House of Representatives or the office of the Minority Leader of the House as the office designated as the highest on the presidential succession list and either the Office of the Majority Leader of the Senate or the office of the Minority Leader of the Senate as next highest on the list.

Obesity In America: A Growing Threat, Eileen Salinsky, Wakina Scott

National Health Policy Forum

This background paper seeks to clarify the nature and causes of the obesity epidemic in the United States and provides an overview of the associated economic and health costs. The paper summarizes existing federal programs and policies that address obesity and examines new and emerging policy strategies to battle the bulging American silhouette. Topics explored include population-based prevention, federal food- and nutrition-assistance programs, Medicare and Medicaid payment policies, school health initiatives, and publicly funded biomedical research.

United States V. Amr Corp.: Non-Traditional Cost Measures And Expanding Predatory Pricing Exposure, Robert Bell, Lee Greenfield, Veronica Kayne, William Kolasky, Jim Lowe, Doug Melamed, Thomas Mueller, Ali Stoeppelwerth

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

Historically, industries with low average variable costs (AVC) have been as a practical matter largely immune from predatory pricing claims. The reason is simple. Predatory pricing claims require the plaintiff to establish, among other things, that the defendant priced below an appropriate measure of cost. Because marginal costs are notoriously difficult to measure, courts have commonly compared the defendant’s prices to AVC (total costs that vary with output/units of output). Consequently, in industries where average variable costs are very low, plaintiffs are unlikely to be able to prove that defendants have priced below AVC, even when defendants have drastically slashed …

The Pending Determination Of The Legality Of Internet Gambling In The United States, Gregory Manter

Duke Law & Technology Review

Internet gambling has been targeted on many fronts in the United States, including Congress, the courts, the Bush Administration and credit card agencies. This iBrief details recent trends in the regulation of online gaming, and concludes that while absolute prohibitions may be ineffective, the combined resistance of these institutions will prevent the industry from expanding its customer base.

Re Secunda Marine Services Ltd And Bradley, Innis Christie

Innis Christie Collection

This is an appeal under Section 251.11 of the Canada Labour Code by the Employer, Secunda Marine Services Limited, against a payment order of November 4, 2002 by Paula F. Stagg, Inspector, ordering an additional 21 days of severance pay to the Complainant, Sherman Bradley, in the amount of $2943.15, less deductions permitted pursuant to paragraphs 254.1(2)(a), (b) and (e) of the Code. This is for severance pay covering the period worked December 2, 1988 to March 21, 2002, minus five days severance pay received by Mr. Bradley.

Interview With Booker T. Brown - Oh 689, Booker T. Brown, Emmett Scott High School

Winthrop University Oral History Program

This interview was conducted by Dr. George Garrison with Booker T. Brown with a focus on the History of Emmett Scott High School. Emmett Scott was the segregated high school for African-Americans, which was named after Emmett Scott, a former aide to Booker T. Washington and President Woodrow Wilson. The school opened in 1920 and was closed in 1970 when full integration was implemented in Rock Hill, SC schools. Mr. Booker T. Brown (1930-2007) was born and raised in Rock Hill, SC and was the Director of Chorus at Emmett Scott High School. He also taught at several other schools …

Improving New Mexico's Water Management, Denise D. Fort, Tom Mcguckin

Faculty Scholarship

This paper reviews several measures that New Mexico should pursue to improve its management of water. The crisis in New Mexico’s water affects all of the citizens of the state, but hasty responses may promise more than they can deliver. In this paper we present several measures that will allow better use of the resources that the state has, and rectify imbalances in how water has been managed in the state.

The Geography Of Medicare: Explaining Differences In Payment And Costs, Nora Super

National Health Policy Forum

This issue brief examines the sources of variation in Medicare payment and costs across different geographic areas and different sites of care. It discusses the payment policies that address variation in the cost of providing care, such as input price adjustments and special payments to hospitals. It also considers differences due to beneficiaries’ health status and in physician practice patterns. Finally, it explores policy options to address Medicare geographic variation.

Vol. 54, No. 1, July 2, 2003, University Of Michigan Law School

Res Gestae

•The New Face of Michigan Law: A Conversation with Dean Caminker •Just a Little Patience •SFF Continues Hotel Voucher Program •Returning 3Ls Discuss Working in Detroit as a Summer Associate •Summer Emails from Cambodia •Boston Firm Helps ''Legal Eagles'' Get Their Wings •Crossword Puzzle

A Little Bit Of Shooty Face, Donald E. Wilkes Jr.

Popular Media

The Wall Street Journal, citing unnamed government sources, recently revealed that American intelligence agents and law enforcement officials stationed in Afghanistan and at Guantanamo Bay have been authorized to use “a little bit of smacky face” to make prisoners talk during interrogation. “If you don’t violate someone’s human rights some of the time, you probably aren’t doing your duty,” one anonymous U. S. official was quoted as saying. Americans were assured, however, that the face-slapping of prisoners to induce them to talk was nothing to worry about. There would be no revival of the third degree for persons arrested on …

Vol. 20, No. 3, Gerald E. Berendt

The Illinois Public Employee Relations Report

Contents:

The Early Years of the Illinois Educational Labor Relations Board (1984-1992) Part II, by Gerald E. Berendt

Editor's Note: This is the second of a two-part article. Part I appeared in the Spring 2003 issue and covered passage of the IELRA, the first IELRB, subjects of bargaining and the appointment of Chairman Berendt. Part II picks up where Part I left off.

Recent Developments

Further References, compiled by Margaret A. Chaplan

The Nova Southeastern Lawyer, Summer 2003, Volume 12, Number 3, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

The Martin E. Feinrider Summer Fellowship For International Human Rights 2003, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.

Public Service Summer Fellowships 2003, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.

Federal Maritime Commission V. South Carolina State Ports Authority: Small Iceberg Or Just The Tip?, Gordon G. Young

Faculty Scholarship

No abstract provided.