Law Commons^™

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Multiracialism Engineered: The Limits Of Electoral And Spatial Integration In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

This paper examines Singapore's innovations in electoral and spatial integration. In examining the Group Representation Constituency and the Ethnic Integration Policy, a critique is made of the official discourse that multiracialism is internalized and entrenched in Singapore's political psyche and electoral process. While the electoral and spatial integration policies are driven by the objective of enhancing multiracialism, their actual workings do not adequately advance the development of norms and values that would be truly supportive of the need for a multiracial legislature and an abiding commitment to multiracialism. The layering of the electoral system with other political objectives, such as …

Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu

Chiehwen Ed Hsu

No abstract provided.

8. The Science Of Child Sexual Abuse., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek

Thomas D. Lyon

2005 Scholars And Artists Bibliography, Stephen D. Slane Dr., Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr, Steve Slane was the guest speaker.

Buggy Whips And Broadcast Flags: The Need For A New Politics Of Expression, Garrett Levin

Duke Law & Technology Review

In response to growing fears from the entertainment industry over online file-sharing of valuable content, the Federal Communications Commission ("FCC") enacted sweeping regulations over the production of electronic devices in the name of protecting digital television broadcasts. Although the FCC's "broadcast flag" regulation was struck down on jurisdictional grounds, Hollywood has not given up the push for strict control. If Hollywood successfully acquires broadcast flag protection there could be far-reaching implications for innovation and development of new digital technologies. While content providers have important reasons to protect copyrighted material, there is too much at stake to merely acquiesce to their …

Correspondence: To Dr. Edna Saffy From James L. “Skip” Rutherford Iii, Chairman Of The William J. Clinton Foundation, Edna Louise Saffy

Saffy Collection - All Textual Materials

A letter to Dr. Saffy offering a gold-plated keepsake for a donation of $35 or more as a remembrance of the first year anniversary of the William J. Clinton Presidential Center, October 24, 2005.

The Corporate Form As A Solution To A Discursive Dilemma, Edward B. Rock

All Faculty Scholarship

I examine the connection between the discursive dilemma and corporate law. The discursive dilemma (or doctrinal paradox) is a distinctive social choice problem that was first identified by Kornhauser and Sager and later used as the basis for a theory of organizational personality by Pettit. I examine the ways in which the corporate form prevents the emergence of the discursive dilemma in the firm context and the extent to which the presence of the discursive dilemma can provide the foundation for a theory of corporate personality.

Federalism And Antitrust Reform, Herbert J. Hovenkamp

All Faculty Scholarship

Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action …

Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler

ExpressO

The Digital Age has spawned major legal battles over the fundamental principles of intellectual property law and antitrust law. These diverse struggles can best be analyzed using the basic norm of "value added" from neo-classical normative economics. This analysis suggests that current intellectual property doctirnes provide excessive protection and current antitrust doctrines remain awkward in dealing with the cross-market leveraging of monopoly power in the presence of "natural monopolies" created by network effects.

Retuning The Harmonization Of Eu Asylum Law: Exploring The Need For An Eu Asylum Appellate Court, Ariel Meyerstein

Ariel Meyerstein, JD, PhD

This Comment takes as its starting point the adoption of the first five pieces of harmonized legislation created as part of the EU’s asylum regime overhaul of the early 2000s and proposes constructive solutions to compensate for the inadequate results of the May 2004 negotiations in Brussels. Specifically, it is proposed that an EU-wide asylum appellate court could assist the Member States in completing the work they started by creating a comprehensive harmonization consistent with international law.

Unlv Magazine, Erin O'Donnell, Gillian Silver, Lori Bachand, Regina Barcolas, Tony Allen, Gian Galassi, Suzan Dibella, Diane Russell, Doug Mcinnis, Cate Weeks, Jennifer Robison, Holly Ivy De Vore

UNLV Magazine

No abstract provided.

Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Santa Clara Magazine, Volume 47 Number 2, Fall 2005, Santa Clara University

Santa Clara Magazine

6 - THE DRIVE TO CREATE by Elizabeth Kelley Gillogly '93. Albert Hoagland, an adjunct professor at SCU for more than 20 years, helped to build the first disk drive. Now is he working to preserve the history of magnetic disk storage.

10 - UNFINISHED MESSAGE by Toshio Mori. We share an excerpt from a collection of short stories by Mori, whose work highlights the plight of Japanese immigrants in the U.S. during World War II. The book is a part of the California Legacy Series, a partnership between SCU and Heyday Books.

14 - THE FAMILIAR STRANGER By Cynthia …

Peace In Unity: 19th Century Irenic Motivations In European Unification, Robert Taft Keele

Undergraduate Honors Theses

The Hauptargumenten of politicians and citizens concerning the advantages and disadvantages of the EU are almost exclusively economic or political in nature: lower tariffs; loss of monetary instruments; immigration; disenfranchisement; etc. The object of my thesis is to remind everyone, amid the flurry of speculation and uncertainty prevalent in Europe since the French rejection of the EU constitution, that a major benefit of the European integration is peace, on a continent that has been ravaged by war for centuries. I prove that the establishment of peace was a major element in European unification by confirming links between peace movements and …

Evaluation Of The Civic Engagement Initiative, 2003-2004, Paul Watanabe, Anne W. Gathuo, Claudia Green, Michael Liu, Mary Jo Marion, Carmen Vivian Rivera

Institute for Asian American Studies Publications

The CEI integrated high levels of data collection, use, and analysis into its implementation model. TBF and members of the coordinating team also conducted evaluative and summary research at different periods throughout the project. To assess the CEI's impact on voter participation, therefore, the evaluation team reviewed analyses by these stakeholders, including primarily data from the Massachusetts Voter Education Network (MassVOTE, January 2005), LeLievre Information Systems (March 2004; May 2005, ) and Northeast Action (June 2003); reports to the funders group by the donor collaborative liaison Bates Consulting (March 2004; various dates 2005); an evaluative report to TBF by the …

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Failed States, Or The State As Failure?, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

This article seeks to challenge a basic assumption of international law and policy, arguing that the existing state-based international legal framework stands in the way of developing effective responses to state failure. It offers an alternative theoretical framework designed to spark debate about better legal and policy responses to failed states. Although the article uses failed states as a lens to focus its arguments, it also has broad implications for how we think about sovereignty, the evolving global order, and the place of states within it.

State failure causes a wide range of humanitarian, legal, and security problems. Unsurprisingly, given …

Boys Will Be Boys: A Social Control Approach To Assessment Of Gender-Based Sentencing Disparity In Norfolk Circuit Court Cases, Fay F. Spence

Sociology & Criminal Justice Theses & Dissertations

This study evaluated the relationship between gender and sentencing severity for defendants convicted of violent crimes, victimless crimes, and theft crimes in Norfolk Circuit Court during 2001 and 2002. Based upon social control theories, the author hypothesized that women receive harsher penalties than men for violent crimes and victimless crimes, but that men receive harsher penalties for theft crimes. To test these hypotheses, the author relied, in part, upon data collected by the Norfolk Commonwealth Attorney's office on 3368 criminal cases filed in 2001 and concluded by May 22, 2002. After eliminating cases not pertinent to the study, the data …

Trade Mark Dilution In Singapore: The Aftermath Of Mcdonald’S V Mactea, David Llewelyn

Research Collection Yong Pung How School Of Law

In a unanimous decision delivered in September 2004, the Court of Appeal of Singapore has ruled against McDonald's Corporation in its attempts to stop a small Singapore company, Future Enterprises Pty Ltd, from registering its marks "MacNoodles", "MacTea" and "MacChocolate". This case has international significance as the Singapore court ruled, confirming the position taken by courts in a number of other jurisdictions, that McDonald's did not have an exclusive right over the prefix "Mc" in relation to food and beverages in the absence of deception or confusion. However, Singapore's trade mark laws have since undergone a major revamp. Under the …

The Accuracy And Manipulability Of Lost Profits Damages Calculations: Should The Trier Of Fact Be "Reasonably Certain"?, Jonathan T. Tomlin, David Merrell

ExpressO

The accuracy and manipulability of calculations for lost profits damages are critical determinants of the ability of harmed parties to receive just compensation in a wide range of legal cases including antitrust, fraud, false advertising, intellectual property infringement, and breach of contract. They are also important determinants of the deterrent effects of the law. Using a sample of over 5,000 U.S. firms, we show that simple damages methods are capable of being substantially inaccurate. We also show that damages methods in general are highly susceptible to manipulation. In the absence of reasonable justifications for why particular data sets and methods …

Wacana Kearifan Kapitalis Dalam Dunia Postmodern: Tinjauan Atas Kampanye One/Live 8, Musa Maliki

Global: Jurnal Politik Internasional

The tension of postmodern condition creates two distinctive grand-narrative discourses in seeing poverty: modernist and anti-modernist. Even though the discourse of the postmodern condition remains within the regime of grand narrative discourses, there is a little narrative called the wisdom of capitalist discourse. It has been successful in the constructive active and non-violence resistance to make poverty history by ONE/Live 8 campaign. By the discourse's scheme, this study argues that the existence of poverty text is not the epistemological problem that can be solved exogenously by problem solving theory (grand theory), but it is the ontological problem that can be …

An Economic Assessment Of Damage Caps In Medical Malpracitce Litigation Imposed By State Laws And The Implications For Federal Policy And Law, Paul Wazzan

ExpressO

Many states have implemented laws which limit non-economic (e.g., pain and suffering) damages as a result of medical malpractice. These laws are seen by proponents as reducing medical malpractice insurance costs and preserving access to health care – especially for lower income individuals. Opponents believe that individuals are harmed through being prevented from seeking a full measure of redress for medical malpractice incidents, by reducing access to the court system, and that these laws simply enrich insurance companies and doctors.

Federal lawmakers are currently studying the potential effect of uniform medical malpractice damage limits at the national level. It is …

Organizational Form As Status And Signal, Kimberly D. Krawiec

ExpressO

In this Article, the author analyzes the reactions of 147 New York City law firms to the 1994 enactment of the New York Limited Liability Partnership statute, which provided New York law firm partners with the first convenient mechanism to limit their personal liability for partnership debts. Using both quantitative and qualitative evidence, she evaluates whether the behavior of New York law firms supports the signaling theory of organizational form—that is, the theory that firms use the partnership form to signal to the marketplace that they provide high quality legal services, due to either superior monitoring or to profit sharing. …

Bankruptcy Abuse: An Empirical Study Of Consumer Exemptions Cases, Bernard Trujillo

ExpressO

On April 20, 2005, the President of the United States signed a sweeping legislative overhaul of the consumer bankruptcy system. The bankruptcy reform legislation is based on an empirical assertion: that sophisticated debtors with the means to re-pay their debts were instead filing for bankruptcy and acquiring a discharge, thereby abusing the bankruptcy system.

This Article presents the results of an empirical study of bankruptcy court doctrine in consumer exemptions proceedings over a twenty-year period. The findings suggest a serious empirical flaw in the premise of the bankruptcy reform legislation. The study shows that the bankruptcy system minimizes abuse by …

Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler

ExpressO

The Digital Revolution has created the apparent anomaly that information, though very cheap to create and near costless to share, is managed by industries that are increasingly concentrated and roiled by endless legal warfare. This paper surveys the major legal battles by subjecting all of them to the familiar norm of "maximizing economic value added", as defined by neo-classical "welfare economics". The various legal wars are traced to defects and confusions in current legal approaches to intellectual property (the "property wars") and to antitrust doctrines (the "monopoly wars").

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Massworks: Commonhealth, Rick Kugler

MassWorks Series, Institute for Community Inclusion

Did you know workers with disabilities can purchase health insurance and receive almost all of the benefits offered through MassHealth Standard? Thanks to CommonHealth, individuals with disabilities in Massachusetts need not choose between vital healthcare benefits and potential job opportunities. CommonHealth is a MassHealth program available to individuals with disabilities who are not eligible for MassHealth Standard. CommonHealth can help promote self-sufficiency by providing low-cost health coverage to workers with disabilities.

Proposed Anti-Spam Legislation Model In Singapore - Are We Losing The War Before Even Starting The Battle?, Warren B. Chik

Research Collection Yong Pung How School Of Law

Unsolicited messages have grown into an intractable parasite on the underbelly of an otherwise effectual and vibrant electronic communications regime. There has been a sudden surge in the enactment of anti-spam laws globally within the last couple of years. On 25 May 2004, the Infocomm Development Authority of Singapore and the Attorney-General’s Chambers of Singapore jointly released a Consultation Paper on a Proposed Legislative Framework for the Control of E-mail Spam in Singapore. It is timely to consider the proposed anti-spam legislation model for Singapore in the light of such existing laws in other countries and their levels of effectiveness …

7. Why Child Maltreatment Researchers Should Include Children’S Disability Status In Their Maltreatment Studies., Kathleen Kendall-Tackett, Thomas D. Lyon, Greg Taliaferro

Thomas D. Lyon