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2003

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Articles 241 - 270 of 8863

Full-Text Articles in Law

Recent Books, Michigan Law Review Dec 2003

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

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U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh Dec 2003

U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh

LLM Theses and Essays

There is an upsurge for foreign investment in developing countries. Developing countries that seek foreign investment actually prefer foreign direct investment. The issue of foreign direct investment has become a controversial issue among developing countries. Though this type of investment provides economic growth, employment, and infrastructure development, developing countries may also suffer legal and economic manipulation by the foreign investors at the expense of their countries’ resources. The foreign investment policies of developing countries that seek such foreign direct investment ultimately determine the actions of foreign investors. In many developing countries, foreign investment policies and other investment regulation are catalysts …

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A Pertinent Message For Today From Key Constitutional And Administrative Rulings Of Yesterday, Victor G. Rosenblum Dec 2003

A Pertinent Message For Today From Key Constitutional And Administrative Rulings Of Yesterday, Victor G. Rosenblum

San Diego Law Review

This Article discusses the United States' commitment to constitutional governance and the accountability of power and specifically the judiciary's obligation to protect civil liberties from excessive governmental intrusion during times of war. The author begins by describing Chief Justice Rehnquist's 1998 book All the Laws But One: Civil Liberties in Wartime, in which the Chief Justice predicts and suggests that during times of war, courts should bypass judicial principles that traditionally have protected individuals against excessive government intrusion. The author argues that the United States government must demonstrate self-control whether at war or peace. He supports his argument by exploring …

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The Relativity Of Reliability, Edward J. Imwinkelried Dec 2003

The Relativity Of Reliability, Edward J. Imwinkelried

Seton Hall Law Review

No abstract provided.

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Table Of Contents - Vol. 34, No. 1 2003 Dec 2003

Table Of Contents - Vol. 34, No. 1 2003

Seton Hall Law Review

No abstract provided.

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Transfer Regulations And Cost-Effectiveness Analysis, Eric A. Posner Dec 2003

Transfer Regulations And Cost-Effectiveness Analysis, Eric A. Posner

Duke Law Journal

Recent scholarship on regulatory oversight has focused on cost-benefit analysis of perscriptive regulations-regulations that restrict behavior such as pollution-and their use to cure market failures, and has overlooked the vast number of transfer regulations. Transfer regulations are regulations that channel funds to beneficiaries. These regulations are authorized by statutes that establish entitlement programs like Medicare and Social Security, pay one-time distributions to victims of misfortunes such as natural disasters and the 9/11 terrorist attack, and fund pork barrel spending. Cost-benefit analysis cannot be used to evaluate transfer regulations because all transfer regulations fail cost-benefit analysis; cost-effectiveness analysis, however, can be …

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The Virtues Of Knowing Less: Justifying Privacy Protections Against Disclosure, Daniel J. Solove Dec 2003

The Virtues Of Knowing Less: Justifying Privacy Protections Against Disclosure, Daniel J. Solove

Duke Law Journal

This Article develops justifications for protections against the disclosure of private information. An extensive body of scholarship has attacked such protections as anathema to the Information Age, where the free flow of information is championed as a fundamental value. This Article responds to two general critiques of disclosure protections: (1) that they inhibit freedom of speech, and (2) that they restrict information useful for judging others. Regarding the free speech critique, the Article argues that not all speech is of equal value; speech of private concern is less valuable than speech of public concern. The difficulty, however, is distinguishing between …

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The Problems Of Pouring-Rights Contracts, David S. Almeling Dec 2003

The Problems Of Pouring-Rights Contracts, David S. Almeling

Duke Law Journal

No abstract provided.

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Journal Staff Dec 2003

Journal Staff

Duke Law Journal

No abstract provided.

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A Matter Of Good Form: The (Downsized) Hague Judgments Convention And Conditions Of Formal Validity For The Enforcement Of Forum Selection Agreements, Jason Webb Yackee Dec 2003

A Matter Of Good Form: The (Downsized) Hague Judgments Convention And Conditions Of Formal Validity For The Enforcement Of Forum Selection Agreements, Jason Webb Yackee

Duke Law Journal

Can the Hague Judgments Convention be saved through radical downsizing? It has been more than ten years since the Hague Conference on Private International Law (Hague Conference) first officially began exploring the possibility of drafting a global convention on jurisdiction and the enforcement of foreign judgments in civil and commercial matters. (1) It has been more than four years since the Conference presented its preliminary draft convention, (2) itself modeled largely on the European Community's 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (Brussels I). (3) However, this preliminary draft convention was rejected …

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The Cherokee Removal And The Fourteenth Amendment, Gerard N. Magliocca Dec 2003

The Cherokee Removal And The Fourteenth Amendment, Gerard N. Magliocca

Duke Law Journal

This Article recasts the original understanding of the Fourteenth Amendment by showing how its drafters were influenced by the events that culminated in The Trail of Tears. A fresh review of the primary sources reveals that the removal of the Cherokee Tribe by President Andrew Jackson was a seminal moment that sparked the growth of the abolitionist movement and then shaped its thought for the next three decades on issues ranging from religious freedom to the antidiscrimination principle. When these same leaders wrote the Fourteenth Amendment, they expressly invoked the Cherokee Removal and the Supreme Court's opinion in Worcester v. …

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Summary Of Seres V. Lerner, 120 Nev. Adv. Op. 95, Sally L. Galati Dec 2003

Summary Of Seres V. Lerner, 120 Nev. Adv. Op. 95, Sally L. Galati

Nevada Supreme Court Summaries

The sister of a manslaughter victim, on her mother’s behalf, brought an action against the felon, who wrote a book regarding the killing of the victim, seeking to recover the felon’s book proceeds under the Nevada “Son of Sam” law. The district court found the applicable Nevada statute to be unconstitutional and dismissed the plaintiff’s action. Plaintiff appealed.

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Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati Dec 2003

Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati

Nevada Supreme Court Summaries

Defendant appealed from a judgment of conviction for one count of burglary following a jury verdict. Defendant’s primary contention was that the district court erred in refusing his proffered jury instruction on the lesser crime of trespass.

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Table Of Contents - Cardozo Law Review, Volume 25, Issue 2 Dec 2003

Table Of Contents - Cardozo Law Review, Volume 25, Issue 2

Cardozo Law Review

No abstract provided.

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Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury Dec 2003

Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury

American University Law Review

No abstract provided.

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Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber Dec 2003

Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber

American University Law Review

No abstract provided.

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Dec. 2003, Cao Operational Guidelines. Consultation Draft., Cao Dec 2003

Dec. 2003, Cao Operational Guidelines. Consultation Draft., Cao

CAO General 1999-Present

No abstract provided.

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Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk Dec 2003

Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk

Articles

No abstract provided.

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V.40-4, 2003 Masthead Dec 2003

V.40-4, 2003 Masthead

San Diego Law Review

No abstract provided.

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Introduction, Editorial Board Dec 2003

Introduction, Editorial Board

San Diego Law Review

On February 28-March 1, 2003, the University of San Diego Institute for Law and Philosophy held a conference entitled "Baselines and Counterfactuals in the Theory of Compensatory Damages: What Do Compensatory Damages Compensate?" The articles in this collection emerge from that symposium.

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Hand Rule Damages For Incompensable Losses, Robert Cooter Dec 2003

Hand Rule Damages For Incompensable Losses, Robert Cooter

San Diego Law Review

Courts should develop theory and practice of damages for incompensable losses based on the response of reasonable people to daily risks. Specifically, courts should compute damages based on the reasonable person's point of indifference between less risk and more expenditure on precaution. The Hand rule describes this point of indifference.

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Can We Compensate For Incompensable Harms?, Adi Ayal Dec 2003

Can We Compensate For Incompensable Harms?, Adi Ayal

San Diego Law Review

Compensating for harms is the bedrock of the practice of tort law. The hypothetical ideal of "making the victim whole" guides many a classroom discussion and judicial opinion. Yet we all know that his ideal is often unattainable for a variety of practical and conceptual reasons. Focusing on the conceptual issues, a question might be asked: Are we ever Really able to make the victim whole? In this Article, I aim to stress and develop the aspects of the argument I find most convincing, while critiquing others.

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Instrumental Theories Of Compensation: A Survey, Richard Craswell Dec 2003

Instrumental Theories Of Compensation: A Survey, Richard Craswell

San Diego Law Review

This Article is to argue (albeit reluctantly)against the union of a compensatory remedy that can be and have been defended from the standpoint of corrective justice on the theory that corrective justice requires that a wrongdoer compensates those that have been wronged versus compensatory remedies that have been defended by economists, and by others who rely on instrument arguments, on the theory that compensatory remedies promote efficiency. In the process, I will survey the economic or instrumental arguments for compensation in some detail, for the benefit of those who may not have kept up with the economics literature. But this …

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Moore, Causation, Counterfactuals, And Responsibility, Richard Fumerton Dec 2003

Moore, Causation, Counterfactuals, And Responsibility, Richard Fumerton

San Diego Law Review

Professor Michael Moore's contribution to this symposium represents a deep and thorough examination of the relationship between counterfactual and causal tests, the meeting of which are often taken to be necessary conditions for various sorts of moral and legal responsibility.

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For What Must We Pay? Causation And Counterfactual Baselines, Michael Moore Dec 2003

For What Must We Pay? Causation And Counterfactual Baselines, Michael Moore

San Diego Law Review

It is often thought that the hard core of our moral obligations - the social minimum, so to speak - is that we do no harm. Regardless of what may be virtuous, supererogatory, or obligatory in making the world a better place, at a minimum we should not make it a worse one. Further, we make the world a worse place whenever we worsen it compared to the way the world would have been without our actions. On this view, our actions must make a difference for us to violate our basic obligations. What gets recorded in our moral ledgers …

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Rethinking Injury And Proximate Cause, John C.P. Goldberg Dec 2003

Rethinking Injury And Proximate Cause, John C.P. Goldberg

San Diego Law Review

Injury and proximate cause form two components of a plaintiff's prima facie negligence case. Although equals in this sense, they have received starkly different treatment at the hands of judges and scholars. Proximate cause has long attracted attention, yet has also managed to defy repeated efforts at characterization and explanation. Injury by contrast, seems to have been largely ignored. One of the many virtues of professor Perry's paper is that it prompts reconsideration of this disparate treatment from both ends. By offering a subtle and rich account of the related concept of "harm," Perry permits us to see that the …

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What To Compensate? Some Surprisingly Unappreciated Reasons Why The Problem Is So Hard, Leo Katz Dec 2003

What To Compensate? Some Surprisingly Unappreciated Reasons Why The Problem Is So Hard, Leo Katz

San Diego Law Review

The aim of this Article is to get to the bottom of what makes compensation problems so hard.

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Baselines And Compensation, F.M. Kamm Dec 2003

Baselines And Compensation, F.M. Kamm

San Diego Law Review

The first problem that we shall examine is raised by the cases in which by our tortious wrong act someone is either (1) made no worse off than he would have been because the injury is one he would have suffered anyway by another means or (2) made better off because, though the act produces an injury, it benefits him by interfering with an upcoming greater injury. Should we assign liability based on the fact that an injury was caused relative to how the person was in his prior uninjured state (namely, the causal approach)? Or, should we take account …

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Compensation And Revenge, Emily Sherwin Dec 2003

Compensation And Revenge, Emily Sherwin

San Diego Law Review

Compensation is one of the least controversial goals of law; compensating for harms is assumed to be both efficient and morally praiseworthy. I shall argue that the moral component of this assumption needs refinement. Some of the features of legal remedies that pass as compensatory suggest that pursuit of compensation is not entirely virtuous.

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The Grounds And Extent Of Legal Responsibility, Richard W. Wright Dec 2003

The Grounds And Extent Of Legal Responsibility, Richard W. Wright

San Diego Law Review

To question that is the title of this symposium, What Do Compensatory Damages Compensate?, requires consideration of the basic grounds and purposes of legal responsibility. The question is usefully brought into sharper focus by the specific questions and puzzles posed to the contributors to stimulate thought and discussion.

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