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Full-Text Articles in Law

Journalism Ethics In Wartime, Erik Ugland, Karen Slattery Nov 2004

Journalism Ethics In Wartime, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.


The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield Nov 2004

The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …


Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner Oct 2004

Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner

Jennifer M. Urban

No abstract provided.


Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld Sep 2004

Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Prices of academic journals have climbed enormously in the past two decades. This article explains the substantial barriers to entry that established journals enjoy. It points out that the Big Deal bundling that the large commercial publishers have adopted in the past few years creates a substantial additional strategic barrier to entry. We consider whether these bundling offers violate the antitrust laws and conclude that they may.


Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld Sep 2004

Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld

Aaron Edlin

Prices of academic journals have climbed enormously in the past two decades. This article explains the substantial barriers to entry that established journals enjoy. It points out that the Big Deal bundling that the large commercial publishers have adopted in the past few years creates a substantial additional strategic barrier to entry. We consider whether these bundling offers violate the antitrust laws and conclude that they may.


L.A. Race Woman: Charlotta Bass And The Complexities Of Black Political Development In Los Angeles, Regina Freer Aug 2004

L.A. Race Woman: Charlotta Bass And The Complexities Of Black Political Development In Los Angeles, Regina Freer

Regina Freer

Using her platform as owner and editor of Los Angeles's prominent black newspaper the California Eagle from 1912-1951, L.A. race woman Charlotta Bass was at the center of black political life of the city. This article examines her life and political activism as they offer a lens into the history of black community response to the particular demography, geography, politics and economics of Los Angeles and African American's expectations of what life should be like in the city. While black Angelenos confronted pitched job market competition and familiar white resistance to black advancement, blacks in L.A. did experience a form …


Delivering Legality On The Internet: Developing Principles For The Private Provision Of Commercial Law, Gillian K. Hadfield Aug 2004

Delivering Legality On The Internet: Developing Principles For The Private Provision Of Commercial Law, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.


Community Determinants Of Volunteer Participation: The Case Of Japan, Mary Alice Haddad Aug 2004

Community Determinants Of Volunteer Participation: The Case Of Japan, Mary Alice Haddad

Mary Alice Haddad

Why are some communities more civically engaged than others? Why do some communities provide services with volunteer labor whereas others rely primarily on government provision? When communities provide both volunteer and paid labor for the same service, how do they motivate and organize those volunteers? This article addresses these questions through quantitative tests of prevailing explanations for levels of civic engagement (e.g., education, TV viewing, urbanization) and qualitative analyses of case studies of three medium-sized cities in Japan, focusing particularly on the service areas of firefighting and elder care. The statistical analyses demonstrate that current explanations that rely on individual …


7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon Aug 2004

7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon

Thomas D. Lyon

A recent U.S. Supreme Court case is sure to have a major impact on the prosecution of family violence cases in which the victim fails to testify at trial.  A number of states have special hearsay exceptions for statements from victims of spouse abuse and child abuse.  Those exceptions often allow the statements into evidence even when the victim does not testify (usually with additional requirements, such as corroborative evidence or a finding that the statement has "indicia of reliability").  The U.S. Supreme Court has recently held that if the victim does not testify, "testimonial" hearsay is inadmissible unless the …


The Conscientious Congressman's Guide To The Electoral Count Act Of 1887, Stephen A. Siegel Jun 2004

The Conscientious Congressman's Guide To The Electoral Count Act Of 1887, Stephen A. Siegel

Stephen Siegel

No abstract provided.


Share The Music, Kembrew Mcleod Jun 2004

Share The Music, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Obituary Thakor Shah By Amar Jesani & Vibhuti Patel, Professor Vibhuti Patel May 2004

Obituary Thakor Shah By Amar Jesani & Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

At a time when the nation needs people who could keep alive the secular conscience of Gujarat, the passing away of Thakor Shah on April 10, 2004 in Vadodara due to massive heart attack has come as a big jolt. He died while participating in the meeting of the network of social movements in Gujarat. Of the 76 years he lived, he spent over 60 years in public life, making personal sacrifices, fearlessly withstanding all attacks – physical and political – in his incessant struggle for organising working masses for their rights and justice. His life was a political journey …


Labels Of African American Ballers: A Historical Contemporary Investigation Of African American Male Youth's Depletions From America's Favorite Pastime 1885-2000, Keith Harrison Feb 2004

Labels Of African American Ballers: A Historical Contemporary Investigation Of African American Male Youth's Depletions From America's Favorite Pastime 1885-2000, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.


The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell Feb 2004

The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell

Stephen Joseph Powell

WTO rules routinely are linked to the inability of nations to make meaningful progress in sharpening environmental and other human rights protections, for example, the failure of the 2002 Johannesburg World Summit on Sustainable Development to usher in any new treaties despite the bright promise of the Rio Earth Summit of the previous decade. The common brief of environmental, medical, and development interest groups is that the market principles of supply and demand, comparative advantage, and non-discrimination on which global trade rules are built have encumbered pursuit by nations of fundamental non-economic objectives that must in any reasoned legal hierarchy …


Scottish Factors And The Origins Of The Second Amendment: Some Reflections On David Thomas Konig's Rediscovery Of The Caledonian Background To The American Right To Arms, H. Richard Uviller, William G. Merkel Jan 2004

Scottish Factors And The Origins Of The Second Amendment: Some Reflections On David Thomas Konig's Rediscovery Of The Caledonian Background To The American Right To Arms, H. Richard Uviller, William G. Merkel

William G. Merkel

David Konig has written an important article that makes a welcome contribution to the rapidly evolving field of Second Amendment scholarship.' In the essay that forms the focal piece of this forum, Konig argues that two rival, hotly contested interpretations of the Second Amendment fail to recapture the original meaning of the constitutional right to keep and bear arms. To Konig, neither the individual rights nor the states' rights model of the Second Amendment accurately reflects the conceptual universe shared by the drafters and ratifiers of the Bill of Rights. Neither model (and particularly not the individual rights model), Konig …


The New Culture Wars: Intellectual Property Activism In Action. Pop & Politique, Kembrew Mcleod Dec 2003

The New Culture Wars: Intellectual Property Activism In Action. Pop & Politique, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Dining While Black: Tipping As Social Artifact, Danielle Dirks, S.K. Rice Dec 2003

Dining While Black: Tipping As Social Artifact, Danielle Dirks, S.K. Rice

Danielle Dirks

No abstract provided.


The Autobiography Of An Intellectual (Property): Why I Trademarked Freedom Of Expression, Kembrew Mcleod Dec 2003

The Autobiography Of An Intellectual (Property): Why I Trademarked Freedom Of Expression, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Common, Kembrew Mcleod Dec 2003

Common, Kembrew Mcleod

Kembrew McLeod

Entries included: ―Common,‖ ―Luke Vibert,‖ ―Faith Evans,‖ ―Super Furry Animals,‖ ―Black Sheep,‖ ―Ruff Ryders,‖ ―Good Charlotte,‖ ―Organized Konfusion,‖ ―Gang Starr‖ and ―Freestyle Fellowship.‖


Standing With The Persecuted: Adjudicating Asylum Applications On Account Of Religion After The Enactment Of The International Religious Freedom Act Of 1998 Dec 2003

Standing With The Persecuted: Adjudicating Asylum Applications On Account Of Religion After The Enactment Of The International Religious Freedom Act Of 1998

Craig B. Mousin

No abstract provided.


Public Commons Of Geographic Data: Research And Development Challenges, Harlan Onsrud, Gilberto Camara, James Campbell, Narindi Sharad Chakravarthy Dec 2003

Public Commons Of Geographic Data: Research And Development Challenges, Harlan Onsrud, Gilberto Camara, James Campbell, Narindi Sharad Chakravarthy

Harlan J Onsrud

Across the globe individuals and organizations are creating geographic data work products with little ability to efficiently or effectively make known and share those digital products with others. This article outlines a conceptual model and the accompanying research challenges for providing easy legal and technological mechanisms by which any creator might affirmatively and permanently mark and make accessible a geographic dataset such that the world knows where the dataset came from and that the data is available for use without the law assuming that the user must first acquire permission.


Pirate Blogs: Subversive Cybersquatters In The Information Stupor-Highway, Kembrew Mcleod Dec 2003

Pirate Blogs: Subversive Cybersquatters In The Information Stupor-Highway, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


The Expulsion Of The Jews From France In 1306: A Modern Fiscal Analysis, Stéphane Mechoulan Dec 2003

The Expulsion Of The Jews From France In 1306: A Modern Fiscal Analysis, Stéphane Mechoulan

Stéphane Mechoulan

In 1306, at the peak of a severe financial and monetary crisis, Philippe the Fair expelled the Jews from his kingdom, declared himself creditor of their debts, seized their property and auctioned it off. Was this a clever move, financially speaking? Did Philippe gain more, by killing the goose that laid the golden egg, than by securing a steady flow of taxes? Taking discounting into account, conservative bounds on the sum collected through the seizures over the years that followed the expulsion challenge the traditional view that it was a bad deal. Still, the windfall brought by the relative success …


Guilds, Laws, And Markets For Manufactured Merchandise In Late-Medieval England, Gary Richardson Dec 2003

Guilds, Laws, And Markets For Manufactured Merchandise In Late-Medieval England, Gary Richardson

Gary Richardson

The prevailing paradigm of medieval manufacturing presumes guilds monopolized markets for durable goods in late-medieval England. The sources of the monopolies are said to have been the charters of towns, charters of guilds, parliamentary statutes, and judicial precedents. This essay examines those sources, demonstrates they did not give guilds legal monopolies in the modern sense of the word, and replaces that erroneous assumption with an accurate description of the legal institutions underlying markets for manufactures in medieval England.


Female And Male Student Athletes' Perceptions Of Career Transition In Sport And Higher Education: A Visual Elicitation And Qualitative Assessment, C. Keith Harrison Dec 2003

Female And Male Student Athletes' Perceptions Of Career Transition In Sport And Higher Education: A Visual Elicitation And Qualitative Assessment, C. Keith Harrison

Dr. C. Keith Harrison

The termination of a collegiate athletic career is inevitable for all student athletes. The purpose of this study was to explore student athletes’ perceptions of the athletic career transition process. One-hundred-andforty- three (n = 143) National Collegiate Athletic Association (NCAA) Division II student athletes were administered the Life After Sports Scale (LASS) designed by the authors. The LASS is a 58-item mixed method inventory. The scope of this inquiry explored the qualitative section, which examined participants’ perceptions that were visually primed with a narrative description of a student athlete who made the transition out of collegiate sport successfully. Three major …


College Students' Perceptions, Myths, And Stereotypes About African American Athleticism: A Qualitative Investigation, Keith Harrison Dec 2003

College Students' Perceptions, Myths, And Stereotypes About African American Athleticism: A Qualitative Investigation, Keith Harrison

Dr. C. Keith Harrison

Examining the ‘natural’ athlete myth and utilizing the recent literature on cultural/social factors in athleticism, this study through survey research examines the myth of the ‘natural’ African American athlete. Participants consist of 301 university students from a large, traditionally White, midwest institution. The primary research question is to determine the attitudes of college students in terms of how they perceive the success of the African American athlete in certain sports. The purpose is to assess participants’ perceptions of the African American athlete and their opinion as to whether or not African American athletes are superior in certain sports (football, basketball, …


Men Of A Thousand Days: Death-Sentenced Inmates At Utah State Prison, Sandra Mcgunigall-Smith Dec 2003

Men Of A Thousand Days: Death-Sentenced Inmates At Utah State Prison, Sandra Mcgunigall-Smith

Sandy McGunigall-Smith

Studies of the pains of confinement and coping techniques have ignored the experiences of death-sentenced inmates, particularly those in the USA housed under the punitive regimes of supermax facilities. This research is a qualitative, mini-longitudinal study carried out between 1997 and 2001 which examines the particular pains of confinement for inmates in the supermax facility of Utah State Prison and how they coped with life under the sentence of death. The findings suggest that these inmates experienced different pains and utilized different coping techniques than those described in prison literature.


Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis Dec 2003

Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper examines the way in which the Cyprus educational system, primarily concentrating on the Greek-Cypriot side, reproduces discriminatory patterns via an outmoded and ethnically divided educational model, in spite of some efforts to introduce multi-cultural elements of local level. Existing literature and a number of studies and reports on immigrant and minority students illustrate the need for further research on the subject, so that a comprehensive reform of the educational system can take place to move from an ethnocentric model towards a more critically orientated humanistic education based on tolerance and understanding – a matter of urgency if Cyprus …


Book (Oup), The Judicial Construction Of Europe, Ch. 3: The Free Movement Of Goods, Alec Stone Sweet Dec 2003

Book (Oup), The Judicial Construction Of Europe, Ch. 3: The Free Movement Of Goods, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


6. Educating The Public Through The Michael Jackson Case., Thomas D. Lyon Dec 2003

6. Educating The Public Through The Michael Jackson Case., Thomas D. Lyon

Thomas D. Lyon

Many experts in child sexual abuse likely view the Michael Jackson molestation case with disgust. The case is colored by the media circus, the major players' motives for money and publicity, and the sometimes prurient, sometimes morbid fascination the public has with allegations they view as bizarre and improbable.