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2006

Selected Works

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Articles 1 - 30 of 778

Full-Text Articles in Law

The Next Los Angeles: The Struggle For A Livable City, Regina Freer, Robert Gottlieb, Mark Vallianatos, Peter Dreier Dec 2015

The Next Los Angeles: The Struggle For A Livable City, Regina Freer, Robert Gottlieb, Mark Vallianatos, Peter Dreier

Mark Vallianatos

While most historians, journalists, and filmmakers have focused on Los Angeles as a bastion of corporate greed, business boosterism, political corruption, cheap labor, exploited immigrants, and unregulated sprawl, The Next Los Angeles tells a different story: that of the reformers and radicals who have struggled for alternative visions of social and economic justice. In a new preface, the authors reflect on the gathering momentum of L.A.'s progressive movement, including the 2005 landslide victory of Antonio Villaraigosa as mayor.


Voting Rights Act Reauthorization: Research-Based Recommendations To Improve Voting Access, Christopher Edley, Ana Henderson Dec 2015

Voting Rights Act Reauthorization: Research-Based Recommendations To Improve Voting Access, Christopher Edley, Ana Henderson

Ana Henderson

No abstract provided.


Raising Revenues For Charity: Auctions Versus Lotteries, Bart Wilson, Douglas Davis, L. Razzolini, R. Reily Aug 2014

Raising Revenues For Charity: Auctions Versus Lotteries, Bart Wilson, Douglas Davis, L. Razzolini, R. Reily

Bart J Wilson

No abstract provided.


Equilibrium Price Dispersion, Mergers And Synergies: An Experimental Investigation Of Differentiated Product Competition, Bart Wilson, Douglas Davis Aug 2014

Equilibrium Price Dispersion, Mergers And Synergies: An Experimental Investigation Of Differentiated Product Competition, Bart Wilson, Douglas Davis

Bart J Wilson

No abstract provided.


Tracking Customer Search To Price Discriminate, Bart Wilson, Carey Deck Aug 2014

Tracking Customer Search To Price Discriminate, Bart Wilson, Carey Deck

Bart J Wilson

The electronic technologies of the Internet make it possible for sellers to track potential customers and discriminate between the informed and uninformed. In this article, we report an experiment that investigates the market impact of firms tracking customers and offering discriminatory prices based on search history. We find that consumers, on average, face the same prices when sellers have the ability to track customers and price discriminate as when sellers post a single price for all buyers. However, informed buyers receive lower prices when sellers can detect buyer search, whereas uninformed buyers receive lower prices when firms cannot track customers.


Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom Oct 2013

Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom

Robert Bloom

No abstract provided.


Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom Oct 2013

Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom

Robert Bloom

Coach of the National Criminal Procedure Moot Court Team, which won two national championships in 2006 and 2007, at Seton Hall Law School in Newark, New Jersey.


Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin Oct 2013

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.


Not Dea'd Yet: Gonzalez V. Oregon, Charles Baron Aug 2013

Not Dea'd Yet: Gonzalez V. Oregon, Charles Baron

Charles H. Baron

On January 17, the Oregon Death with Dignity Act beat back yet another attempt on its life. In Gonzales v. Oregon, the U.S. Supreme Court (by a six-to-three vote) affirmed decisions of two lower federal courts and made permanent a 2001 injunction against federal prosecution of physicians who prescribe narcotics under the terms of the act. Media coverage of the decision both exaggerated and underplayed the decision’s significance.


La Théorie De L’Intention Originelle, La Sincérité Dans La Rédaction Des Opinions Des Juges Et Les Références À Des Sources Juridiques Étrangères Dans Le Processus D’Interprétation De La Constitution Aux États-Unis, Charles Baron Aug 2013

La Théorie De L’Intention Originelle, La Sincérité Dans La Rédaction Des Opinions Des Juges Et Les Références À Des Sources Juridiques Étrangères Dans Le Processus D’Interprétation De La Constitution Aux États-Unis, Charles Baron

Charles H. Baron

No abstract provided.


Terrorisme Et Function De Juger, Charles Baron Aug 2013

Terrorisme Et Function De Juger, Charles Baron

Charles H. Baron

No abstract provided.


Eu Private International Law: An Ec Court Casebook, Michael Bogdan, Ulf Maunsbach Apr 2011

Eu Private International Law: An Ec Court Casebook, Michael Bogdan, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


El Pretendido Efecto Retroactivo De La Condición Cumplida, Patricio Lazo Dec 2006

El Pretendido Efecto Retroactivo De La Condición Cumplida, Patricio Lazo

Patricio Lazo

The topic of this article is the study of Roman sources of law, to the extent that they determine whether the condition which has been fulfilled could have had, or no, a retroactive effect, since some of those sources answer “yes, there was such a retroactive effect”, while others simply deny it. In examining those texts, the author assumes the methodological premise according to which Roman jurists were used to review the cases as decided by earlier jurists, in order, either to confirm the old jurisprudence, or to establish new and varying solutions to the problems. In that perspective, the ...


New Zealand Marine Reserve Designation Strategies, James Mize Dec 2006

New Zealand Marine Reserve Designation Strategies, James Mize

James Mize

No abstract provided.


Beginnings Of The 'Innocence Revolution', Timothy O'Neill Dec 2006

Beginnings Of The 'Innocence Revolution', Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


To Sow Or Not To Sow: Practical Issues Relating Arising From Introducing Plant Variety Protecting In Developing Nations, Srividhya Ragavan Dec 2006

To Sow Or Not To Sow: Practical Issues Relating Arising From Introducing Plant Variety Protecting In Developing Nations, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Howe V. Mgh And Hudson V. Texas Children's Hospital: Two Approaches To Resolving Family-Physician Disputes In End-Of-Life Care, Michael Moreland Nov 2006

Howe V. Mgh And Hudson V. Texas Children's Hospital: Two Approaches To Resolving Family-Physician Disputes In End-Of-Life Care, Michael Moreland

Michael P. Moreland

No abstract provided.


Transforming Into An International Lawyer, Susan Franck Nov 2006

Transforming Into An International Lawyer, Susan Franck

Susan D. Franck

No abstract provided.


Redistribution In The Canadian Federation: The Impact Of The Cities Agenda And The New Canada, Sujit Choudhry Nov 2006

Redistribution In The Canadian Federation: The Impact Of The Cities Agenda And The New Canada, Sujit Choudhry

Sujit Choudhry

No abstract provided.


The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert D. Cooter Nov 2006

The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert D. Cooter

Robert Cooter

Economic theory distinguishes sharply between what a person wants and what he can have. “Preferences” describe what a person wants, and “constraints” describe the limits of what he can have. The collision of preferences and constraints yields the choices that economists study. The meaning of both terms is broad and flexible. Preferences and constraints help to distinguish between the internal and external viewpoints that H. L. A. Hart made famous. The internal viewpoint concerns preferences to perform legal obligations. A person who prefers to obey a law is willing to give up something to perform his legal obligation. The preference ...


Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew S. R. Palmer Nov 2006

Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

This article assesses the comparative effectiveness of constitutional protection of indigenous rights in Canada and New Zealand using a perspective of “constitutional realism”. The two constitutions offer a useful contrast of similar systems distinguished by distinctly contrasting directions over the past 25 years. The reality of Canada’s constitutional development has seen more power accrue to the judicial branch of government. The reality of New Zealand’s constitutional development has seen more power accrue to the political branches of government. The article considers the reality of the behavior of these branches of government in each jurisdiction in relation to indigenous ...


Restriction Of Tort Remedies And The Constraints Of Due Process: The Right To An Adequate Remedy, Tracy A. Thomas Nov 2006

Restriction Of Tort Remedies And The Constraints Of Due Process: The Right To An Adequate Remedy, Tracy A. Thomas

Tracy A. Thomas

In the recent proliferation of tort reform statutes, the dangerous clause of remedial jurisdiction stripping has sneaked into the law. Reminiscent of federal statutes in other areas of the law, these jurisdictional provisions strip courts of all power to award punitive or non-pecuniary damages in excess of legislative limits. Many states have acted to restrict frivolous claims and excessive recoveries by cabining “McTorts” and “runaway juries.” Regardless of the merits of these policy questions, the use of the simple expedient of remedial jurisdiction to accomplish these purposes raises significant concerns. By arbitrarily restricting an individual’s right to a meaningful ...


Aspectos Econômicos E Jurídicos Sobre Cartéis Na Revenda De Combustíveis: Uma Agenda Para Investigações, Carlos Emmanuel Joppert Ragazzo, Rutelly Marques Da Silva Nov 2006

Aspectos Econômicos E Jurídicos Sobre Cartéis Na Revenda De Combustíveis: Uma Agenda Para Investigações, Carlos Emmanuel Joppert Ragazzo, Rutelly Marques Da Silva

carlos ragazzo

No abstract provided.


Sharing And Anti-Sharing In Teams, Robert D. Cooter, Roland Kirstein Nov 2006

Sharing And Anti-Sharing In Teams, Robert D. Cooter, Roland Kirstein

Robert Cooter

Compared to budget-balanced Sharing contracts, Anti-Sharing may improve the efficiency of teams. The Anti-Sharer collects a fixed payment from all team members; he receives the actual output and pays out its value to them. If a team members becomes Anti-Sharer, he will be unproductive in equilibrium. Hence, internal Anti-Sharing fails to yield the first-best outcome. Anti-Sharing is more likely to yield a higher team profit than Sharing, the larger the team, the curvature of the production function, or the marginal effort cost. Sharing is more likely to be better, the greater the marginal product, the cross-partials of the production function ...


Anti-Sharing As A Theory Of Partnerships And Firms, Robert D. Cooter, Roland Kirstein Nov 2006

Anti-Sharing As A Theory Of Partnerships And Firms, Robert D. Cooter, Roland Kirstein

Robert Cooter

Anti-Sharing may improve the efficiency of teams. The Anti-Sharer collects a fixed payment from all team members; he receives the actual output and pays out its value to them. However, if a team members assumes the role of an "internal" Anti-Sharer, he will be unproductive in equilibrium. Hence, internal Anti-Sharing fails to yield the first-best outcome. External Anti-Sharing may induce the team members to choose efficient effort. The paper presents possible applications of Anti-Sharing: while internal Anti-Sharing may provide an explanation for the existence of senior (or managing) partners, external Anti-Sharing leads to a new theory of the incorporated firm.


Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, John C. Yoo, Julian Ku Nov 2006

Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, John C. Yoo, Julian Ku

John C Yoo

The Supreme Court's decision in Hamdan v. Rumsfeld represents a radical new judicial approach to the interpretation of laws relating to foreign affairs. Not only did the Hamdan Court fail to defer to the executive's reasonable interpretations of the relevant statutes, treaties, and customary international law of war relating to military commissions, but it did not even justify its failure to depart from longstanding formal doctrines requiring such deference. In this Essay, we offer a functional defense of the doctrines requiring judicial deference to executive interpretations of laws affecting foreign affairs in wartime; doctrines that the Hamdan Court ...


Civic Responsibility And Patterns Of Voluntary Participation Around The World, Mary Alice Haddad Nov 2006

Civic Responsibility And Patterns Of Voluntary Participation Around The World, Mary Alice Haddad

Mary Alice Haddad

This article seeks to explain why different types of volunteer organizations are prevalent in different countries. It hypothesizes that patterns of volunteer participation are a function of citizen attitudes toward governmental and individual responsibility for caring for society. Those countries (e.g., Japan)—where citizens think that governments should be responsible for dealing with social problems—will tend to have higher participation in embedded volunteer organizations, such as parent-teacher associations. Those countries (e.g., the United States)—where citizens think that individuals should take responsibility for dealing with social problems—will tend to have more participation in nonembedded, organizations, such ...


Public Interest Litigation And Role Of The Supreme Court In Ensuring Social Justice In Bangladesh, K. T. Alam, Abu Noman Mohammad Atahar Ali Nov 2006

Public Interest Litigation And Role Of The Supreme Court In Ensuring Social Justice In Bangladesh, K. T. Alam, Abu Noman Mohammad Atahar Ali

Abu Noman Mohammad Atahar Ali

No abstract provided.


Don’T Forget The Lawyers: Legal Human Capital And The Role Of Lawyers In Supporting The Rule Of Law, Gillian K. Hadfield Nov 2006

Don’T Forget The Lawyers: Legal Human Capital And The Role Of Lawyers In Supporting The Rule Of Law, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.


Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha Nov 2006

Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não admira que haja atritos, incompreensões, entre as religiões e os poderes. Porque, antes de mais, foi preciso a uns e a outros comprimirem-se para darem lugar (espaço, mesmo) ao outro tipo de normatividade e de poder. Em muitos casos históricos se terá começado com um poder de índole teocrática. E só com o tempo e o progresso social e político se passaria a admitir a cisão do mando, num ramo secular e num ramo sacral. O grande problema do tratamento da questão religiosa do ponto de vista dos Direitos Humanos, é que se trata, no limite, de pôr uma ...