Law Commons^™

Incomplete Contracts And The Theory Of Contract Design, Robert E. Scott, George G. Triantis

Case Western Reserve Law Review

No abstract provided.

Contractual Incompleteness: A Transactional Perspective, Avery W. Katz

Case Western Reserve Law Review

No abstract provided.

The Effects Of Jury Ignorance About Damage Caps: The Case Of The 1991 Civil Rights Act, Rebecca E. Hollander-Blumoff, Matthew T. Bodie

All Faculty Scholarship

The 1991 Civil Rights Act revolutionized employment discrimination litigation by allowing for compensatory and punitive damages. At the same time, however, the Act capped those damages and forbade courts from informing jurors about the cap. This Article explores the effects of this imposed secrecy on the jury deliberation process and on the jury system itself. First, our article delves into the wealth of psychological literature about jury decision-making to determine how disclosing or hiding the caps might affect the jury's damage calculations. We explore decision-making biases and heuristics that might systematically affect the jurors' judgment about damage awards, and discuss …

The Social, Professional, And Legal Framework For The Problem Of Pain Management In Emergency Medicine, Sandra H. Johnson

All Faculty Scholarship

Although supported by both ethical and pragmatic imperatives, pain treatment faces significant barriers, particularly in the setting of emergency medicine. This article argues that pain management is integral to good patient care and specifically, good emergency care. In order to achieve effective emergency pain management, it is crucial to understand the "root causes" of pain neglect in emergency medicine - i.e. to understand why emergency physicians behave as they do in pain treatment.

This article begins by addressing the neglect of pain in emergency medicine and the dearth of empirical research regarding the causes of this neglect. After considering barriers …

Constitutional Dialogue And The Civil Rights Act Of 1964, Joel K. Goldstein

All Faculty Scholarship

The Civil Rights Act of 1964 [1] represented a seminal legislative accomplishment of the twentieth century. Its eleven titles addressed racial discrimination in voting (Title I), public accommodations (Title II), public facilities (Title III), public education (Title IV), publicly financed programs (Title VI) and employment (Title VII).[2] It sought to remedy legislatively the Jim Crow laws and practices that had long contributed to making blacks second-class citizens in America and it provided the Executive Branch tools, especially in Title III and VI, to help implement Brown v. Board of Education.[3] In view of the bill’s focus on racial discrimination, one …

The Law And Racism: Some Reflections On The Australian Experience, Laksiri Jayasuriya

Research outputs pre 2011

Racism in Australian society is not something new and surprising. For a variety of historical and socio-political reasons it has existed from the earliest days ·of colonisation, and there have been a variety of strategies tried over the years to deal with racism as a social problem. One strategy most frequently resorted to, especially in recent years, has been to use the law as a means of combating racism. Before considering the questions of law and racism, we need first to clarify what we mean by the term racism...

Business Torts, Charles M. Hosch

SMU Law Review

No abstract provided.

The Powers That Be: A Reexamination Of The Federal Courts' Rulemaking And Adjudicatory Powers In The Context Of A Clash Of A Congressional Statute And A Supreme Court Rule, Bernadette Bollas Genetin

Con Law Center Articles and Publications

No abstract provided.

Monopolization, Exclusion, And The Theory Of The Firm, Alan J. Meese

Faculty Publications

No abstract provided.

Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese

Faculty Publications

No abstract provided.

Property, Aspen, And Refusals To Deal, Alan J. Meese

Faculty Publications

No abstract provided.

Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese

Faculty Publications

No abstract provided.

Supermajority Rules And The Judicial Confirmation Process, John O. Mcginnis, Michael B. Rappaport

Cardozo Law Review

No abstract provided.

Human Rights And The Critique Of The Common Law, David Campbell

Cardozo Law Review

No abstract provided.

A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown

Georgia Law Review

Increasingly, property owners are employing conservation easements to maintain open space or protect the environment through restrictions on development. Private-party standing to enforce conservation easements, however, has not been so widely embraced, in part because of the perceived inconsistency between private-party standing and private property rights. This Article argues that private-party standing to sue for enforcement of these easements reinforces both the easement grantor's private property rights and society's interest in natural resource preservation. The Article analyzes private-party standing under a reconstituted bundle of property rights theory and the public trust doctrine; examines the efficiency, social justice, and decentralization arguments …

International Contracting Meets Information Technology: Tales From A Transpacific Seminar, Daniel H. Foote

Articles

The following account is in essence a personal memoir concerning the first year of what, at the time, was a novel course offering: an international negotiation simulation, conducted transnationally, in which teams of students from the University of Tokyo utilized e-mail, videoconference facilities, and other resources to negotiate a major acquisition agreement with teams of students from the University of Washington. I originally wrote the account in 2001. As of this writing, in early 2005, we have just completed the fifth year of the course; and in the interim, professors at a number of other universities have established courses along …

Outlaw Speech On The Internet: Examining The Link Between Unique Characteristics Of Online Media And Criminal Libel Prosecutions, Edward L. Carter

Santa Clara High Technology Law Journal

No abstract provided.

What Constituties A New Use Of A Known Composition And Should A Patentee's Purported Objective Make Any Difference, David A. Kelly

Santa Clara High Technology Law Journal

No abstract provided.

Half-Human Creatures, Plants & Indigenous Peoples: Musings On Ramifications Of Western Notions Of Intellectual Property And The Newman-Rifkin Attempt To Patent A Theoretical Half-Human Creature, Valerie J. Phillips

Santa Clara High Technology Law Journal

No abstract provided.

Publicity Dilution: A Proposal For Protecting Publicity Rights, Sarah M. Konsky

Santa Clara High Technology Law Journal

No abstract provided.

Discussion Of The Mechanics Of The Dmca Safe Harbors And Subpoena Power, As Applied In Riaa V. Verizon Internet Services, Trevor A. Dutcher

Santa Clara High Technology Law Journal

No abstract provided.

Taking The Case: Is The Gpl Enforceable?, Jason B. Wacha

Santa Clara High Technology Law Journal

No abstract provided.

Intent: The Road Not Taken In The Ninth Circuit's Post-Napster Analysis Of Contributory Copyright Infringement, Karen M. Kramer

Santa Clara High Technology Law Journal

No abstract provided.

Wi-Fi Liability: Potential Legal Risks In Accessing And Operating Wireless Internet, Robert V. Ii Hale

Santa Clara High Technology Law Journal

No abstract provided.

Altering The Contours Of Copyright - The Dmca And The Unanswered Questions Of Paramount Pictures Corp. V. 321 Studios, Arnold P. Lutzker, Susan J. Lutzker

Santa Clara High Technology Law Journal

No abstract provided.

Nissan Motor Co. V. Nissan Computer Corp.: The Point At Which Fame Is Determined Under The Federal Trademark Dilution Act, Bruce C. Piontkowski, Matthew S. Kenefick

Santa Clara High Technology Law Journal

No abstract provided.

The Nonobviousness Requirement For Biotechnological Inventions - Resolving Uncertainty In Favor Of Innovation, Song Huang

Santa Clara High Technology Law Journal

No abstract provided.

Virtual Speech: At The Constitutional Crossroads, Wendy Freedman

Santa Clara High Technology Law Journal

No abstract provided.

No More Soft Landings For Software: Liability For Defects In An Industry That Has Come Of Age, Frances E. Zollers, Andrew Mcmullin, Sandra N. Hurd, Peter Shears

Santa Clara High Technology Law Journal

No abstract provided.

Trademark Survey Evidence: Review Of Current Trends In The Ninth Circuit, Robert H. Thornburg

Santa Clara High Technology Law Journal

No abstract provided.