Law Commons^™

Gatekeeping, Peter B. Oh

Peter B. Oh

No abstract provided.

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.

Property And Contract: Toward A Clearer Understanding Of The Hague Convention On The Law Applicable To Certain Rights In Respect Of Securities, James S. Rogers

James S. Rogers

No abstract provided.

Taped Confession, A Bag Of Tricks, Timothy O'Neill

Timothy P. O'Neill

Politics And Communion: A Bishop's Response To Segregationists, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.

No Way To Deal With Slums, Bernadette Atuahene

Bernadette Atuahene

Cost-Effective Legal Research Using Subscription-Based Internet Services And Non-Subscription Web Pages, Olivia Weeks

Olivia L. Weeks

Professor Weeks will give an introduction to and an overview of both fee-based online resources and non-subscription legal resource web pages. The internet provides an increasing variety of non-subscription legal documents. Therefore, there will be a special focus on legal or law-related web pages that may be of interest to the small law firm practitioner. Cost-effective and efficient search techniques will be discussed, and legal professionals will learn how to use the internet for legal and investigative research.

Trade Disputes Over Science: The European Union’S Ban On Hormone-Treated Beef And Genetically Engineered Foods And Crops, David Wirth

David A. Wirth

No abstract provided.

How Applicable Is The Dominant Firm Model Of Price Leadership, Bart Wilson

Bart J. Wilson

No abstract provided.

A Practical Guide To Repo Agreements, Christian Johnson, Paul Harding

Christian A. Johnson

• the rapid expansion of the repo market,
• triparty repos and other products a review of legal issues.

Law/Custom/Tradition, David Lieberman

David Lieberman

Tradition is a central concern for a wide range of academic disciplines interested in problems of transmitting culture across generations. Yet, the concept itself has received remarkably little analysis. A substantial literature has grown up around the notion of 'invented tradition,' but no clear concept of tradition is to be found in these writings; since the very notion of 'invented tradition' presupposes a prior concept of tradition and is empty without one, this debunking usage has done as much to obscure the idea as to clarify it. In the absence of a shared concept, the various disciplines have created their …

Recovering Lost Profits In International Disputes, John Gotanda

John Y Gotanda

Claims for lost profits in international disputes often involve millions of dollars. Because national laws on the awarding of lost profits are typically vague and determining the amount of lost profits that a claimant is owed often requires a tribunal to examine complex economic and financial data, these claims raise arguably the most complicated issues for a tribunal deciding a transnational contract dispute. This has resulted in awards of lost profits that seem inconsistent or arbitrary. This article thoroughly examines the awarding of future lost profit damages in transnational contact disputes. It contains a comparative study of laws on the …

De Quinlan À Schiavo: Le Droit À La Mort Et Le Droit À La Vie En Droit Américain, Charles Baron

Charles H. Baron

No abstract provided.

Performing Racial And Ethnic Identity: Discrimination By Proxy And The Future Of Title Vii, Camille Gear Rich

Camille Gear Rich

No abstract provided.

Incorporating Instream Flow Values Into A Water Market, Richard E. Redding, James J. Murphy, Ariel Dinar, Richard E. Howitt, Stephen J. Rassenti, Marca Weinberg

Richard E. Redding

We use laboratory experiments to test three different water market institutions designed to incorporate instream flow values into the allocation. The institutions are (1) a baseline with fixed minimum flow constraints, (2) an environmental agent contributing to the cost of providing instream flows, and (3) creating an instream flow right in which an environmental agent can sell the right to reduced flows. Using a "smart" computer-coordinated market, we find that direct environmental participation in the market can achieve highly efficient and stable allocations. A particularly attractive and practical feature of the third institution is that it nests the status quo …

Clarifying The Federal Fair Housing Act's Exemption For Reasonable Occupancy Restrictions, Tim Iglesias

Tim Iglesias

This article argues that a deceptively simple “exemption” to the 1988 Fair Housing Act Amendments (FHAA) for “reasonable” governmental occupancy standards has been misinterpreted by numerous courts, particularly by the Sixth Circuit in Affordable Housing Advocates v. City of Richmond Heights, 209 F.3d 626 (6th Cir. 2000). This misinterpretation undercuts the protection from housing discrimination that the FHAA provides for families, especially families of color. This article sorts through the confusion about the “exemption,” provides a step-by-step analysis for courts’ application of the exemption, and offers two plausible versions of a “reasonable” standard.

The Next Era Of Sentencing Reform, Steven L. Chanenson

Steven L. Chanenson

Moratorium To Merger Of Private Banks - Regulatory Rhyme And Reason, Aparna Meduri, Gopala Krishna Vavilala

Aparna Meduri

This paper analyzes the regulator's role in imposing moratorium on a sick bank. Moratorium and subsequent merger of Global Trust Bank with Oriental Bank of Commerce is critically debated in this article with contextual reference to the existing legal regime and regulatory regime in India. The authors address serious concerns of delayed surveillance over weaker banks and emphasize the need for meeting the test of reason, while deciding the merger of a weak bank with a healthy bank. The article also examines some inconsistencies in initiating similar measures in case of cooperative banks. An attempt is also made to evaluate …

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.

Social Justice And Family Court Reform, Susan Brooks, Dorothy E. Roberts

Susan Brooks

Creating a unified family court, or any type of family court reform, may have only a minimal impact if it simply changes the structure of how judges do business rather than addresses the structure of the child welfare system itself.

The authors argue that family court reform must place social justice at its center. First, they discuss profound flaws in the child welfare system that make poor and minority families especially vulnerable to coercive state intervention. Second, they describe two approaches to child welfare cases-family systems theory and therapeutic justice that can help to guide reform efforts directed at addressing …

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.

The Peculiar Federal Marriage Amendment, Scott Dodson

Scott Dodson

In this essay, I discuss the Constitution's commitment to three themes--state power, individual liberty, and equality--and then demonstrate how the FMA is uniquely contrary to all three. I do not intend to go so far as to suggest that the FMA would be an "unconstitutional amendment," [FN8] if such things are possible, nor do I mean to suggest that same-sex marriage is or should be affirmatively protected by the Constitution. I mean only to suggest that proposed amendments that are contrary to existing constitutional themes should be scrutinized warily for thematic coherence. Because the FMA is contrary to three powerful …

The Deliberative Process Privilege, Robert D. Probasco, John Galotto, Michael Kearns, Richard Goldman

Robert Probasco

No abstract provided.

Between "Merit Inquiry" And "Rigorous Analysis": Using Daubert To Navigate The Gray Areas Of Federal Class Action Certification, Elizabeth C. Burch

Elizabeth Chamblee Burch

In recent years, the class action certification hearing has become the latest forum for disputes over the reliability of expert testimony. Since these hearings may involve complex technical matters, litigants frequently try to introduce expert testimony to either establish or challenge the basic requirements for class certification. Yet, most courts do not conduct a Daubert analysis before admitting expert testimony during certification, evaluate the evidence according to a uniform standard, or adequately weigh opposing expert opinions. Even though the Federal Rules of Evidence codify procedures to ensure the reliability of expert testimony, courts have been reluctant to employ them during …

Anthrax Hoaxes, Ira P. Robbins

Ira P. Robbins

El Derecho En El Lejano Oriente, Fernando Villaseñor Rodríguez

Fernando Villaseñor Rodríguez

Una brevísima introducción a los elementos más distintivos del Derecho Japonés desde una perspectiva histórica.

Write The Cites Right—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

“The Mediation Client: Participant Or Observer”, Abraham Gafni

Abraham Gafni

No abstract provided.

Essential, Yes, But Role Of Jury Still Stirs Debate, Timothy O'Neill

Timothy P. O'Neill

Associative Obligation And Law's Authority, Stephen Utz

Stephen Gerard Utz