Law Commons^™

Compulsory Unionism As A Fraternal Conceit?, Harry G. Hutchison

ExpressO

With the publication of Free Choice for Workers: a History of the Right to Work Movement, George Leef reexamines compulsory labor unions and to contest the justification offered in support of America’s labor laws. Leef’s perspective delegitimizes compulsory unionism on ethical and empirical grounds. Demonstrating that statutory compulsion fails to direct society toward progress, the book reveals that the road to serfdom can often be paved by bureaucratic regulation. Carefully examining history and contemporary events, this book contributes to the richly textured debate about the normative role of unions in a putatively free society. George Leef’s reassessment offers an essentially …

Tough Love: The Dramatic Birth And Looming Demise Of Unclos Property Law (And What Is To Be Done About It), Peter S. Prows

ExpressO

The 1982 United Nations Convention on the Law of the Sea (“UNCLOS”) represents the culmination of thousands of years of international relations, conflict, and now nearly universal adherence to an enduring order for ocean space that is the most significant achievement for international law since the UN Charter. UNCLOS establishes international property law erga omnes that, by legal and political necessity, required a bargained consensus to be effective. This bargain, in essence, provided coastal States with extended but limited jurisdictions, while ensuring that the seabed and its mineral resources beyond were the “common heritage of mankind” that would peaceably and …

No Safety Net For Fannie And Freddie, David J. Reiss

Cornell Law Faculty Publications

No abstract provided.

In Case Of Emergency, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

“Just Scanning Around” With Diagnostic Medical Ultrasound: Should States Regulate The Non-Diagnostic Uses Of This Technology?, Archie A. Alexander

ExpressO

Recent advances in medical imaging have provided physicians with more accurate diagnostic information, which has allowed them to tailor their therapies to reduce health care costs. These recent advances have caused the New England Journal of Medicine to hail diagnostic medical imaging as one of the greatest contributions to medicine in last thousand years. Yes, modern diagnostic imaging plays a major role in medicine, especially in the case of diagnostic imaging technology. One reason this technology has assumed such a prominent position worldwide is the usage of higher sound intensities by its manufacturers for better image quality. A recent survey …

Governance Of Brazilian Pension Funds, Luciana Pires Dias

ExpressO

This paper analyzes theoretically and empirically the governance of pension funds in Brazil. It first demonstrates that the law allows sponsors (employers) to write contracts (by-laws) governing the relationships between the sponsors, the managers and the participants (employees) of the pension funds. It also explains that, from an agency theory perspective, this legal framework favors non-optimal governance structures, since sponsors do not bear the financial consequences of the contracts they create. As predicted, the empirical evidence reported in this thesis shows that sponsors use this authority to create contracts that minimize monitoring and maximize control over business decisions to the …

Substance Over Form? Phantom Regulations And The Internal Revenue Code, Amandeep S. Grewal

ExpressO

This paper addresses the appropriate response to tax statutes that call for the issuance of regulations, but that have been ignored by the Secretary. The courts and the IRS have taken the unusual step of treating these statutes as self-executing, notwithstanding the absence of regulations, and have invoked phantom regulations to enforce the statutes. Several commentators have analyzed the Tax Court's and the IRS's approaches, but have focused mostly on cases interpreting delegations found in the Internal Revenue Code. Because those cases themselves are inconsistent, it is not possible to extract a clear rule from analysis of those cases alone. …

Analysis Of Certain Aspects Of The “Long-Term Legal Strategy Project For Preserving Security And Democratic Freedoms In The War On Terrorism” Report In Light Of Customary International Law, Michael P. Hatchell

ExpressO

No abstract provided.

“Hail To The Potomac Drainage Basin Indigeneous Persons” Just Doesn’T Have The Same Ring: Is The Name “Redskins” Offensive Enough To Outweigh Tradition?, Marvin L. Longabaugh

ExpressO

In this article, I discuss whether the federal government has an obligation to act to restrict the NFL’s Washington franchise’s use of the term “Redskins”. The article discusses the unique obligation that the courts have placed on the federal government with respect to Native Americans. It articulates two approaches that have been employed with varying degrees of success in abolishing the nickname. Free speech concerns are explored with respect to this issue. Finally, the article briefly discusses some proposed methods that the government could employ to “encourage” the Redskins and the NFL to change the nickname.

Don't Bring Me Your Tired, Your Poor: The Crowded State Of America's Emergency Departments, Jessamyn Taylor

National Health Policy Forum

If the time comes, people expect that the emergency department (ED) will have the resources necessary to treat them in a timely, high-quality manner. Increasingly, however, EDs may not be able to meet that expectation. Hospitals in urban areas with large populations, high population growth, and higher-than-average numbers of uninsured are particularly crowded: ambulances are often diverted to other hospitals and patients are frequently forced to “board” in the hallways (while they wait to be transferred to another facility or part of the hospital). This issue brief places EDs in the context of the U.S. health care system and its …

Establishing A Precedent In Uganda: The Legitimacy Of National Amnesties Under The Icc, Robin B. Murphy

ExpressO

After 14 years of unconscionable wrath against local civilians, including enforced recruitment of thousands of child soldiers, the rebel group The Lord’s Resistance Army (“LRA”) was offered amnesty by the Ugandan government in 2000. However, as the conflict continued unabated, the Ugandan government, for the first time in the history of the Court, referred its case to the International Criminal Court (“ICC”). The ICC Prosecutor announced the beginning of an investigation and issued warrants for seven top LRA officers in October of 2005. The potential ICC prosecution raises many questions about the jurisdiction of the new court, including whether the …

Vengeance, Forgivness, Resentment, Jurisprudence, Dispute Resolution, Theodore Y. Blumoff

ExpressO

Vengeance is generally accompanied by the moral emotion of resentment and indignation, which are also natural psychological reactions. We can and do give these emotions cognitive content, inasmuch as they have developed and matured over time with culture, but they are primitive. They arise when an individual suffers a non-trivial injury that was inflicted without excuse or justification. Among other injuries suffered, the harm done discounts the value we hold of ourselves as human beings, so that when this discounting (the crime or a substantial tort) occurs and we react defensively; our worth as an individual feels threatened. We hope …

Written Testimony Of Professor Douglass Cassel Before The Constitutional Court Of Indonesia, Douglass Cassel

Congressional Testimony

From the Summary:

The Truth Commission Law fails to meet Indonesia’s duties as a State, and fails to respect the rights of victims, families and society under international human rights law to truth, reparations and justice. In particular, the law fails to meet minimum international standards in regard to:

• investigating and disclosing the truth about cases of genocide and crimes against humanity committed in Indonesia before the year 2000,
• providing reparations to victims and families, and
• prosecuting and appropriately punishing perpetrators.

Shemesh V. Focaccetta Ltd, Elyakim Rubinstein

Translated Opinions

Facts: The applicant, who was pregnant, and her children went to dine at the respondent’s restaurant. While dining, another customer of the respondent began to smoke. The applicant complained to the respondent but the customer continued smoking.

The applicant filed a claim in the Small Claims Court on the grounds that the smoking in the restaurant was illegal and caused her damage. The trial court held that the respondent had breached the law, but it only awarded the applicant compensation for the cost of the meal (NIS 112) plus expenses. The applicant applied for leave to appeal to the District …

Applying Tort Theory To Information Technology, Marvin L. Longabaugh

ExpressO

In this article, I discuss the issue of whether torts attributable to Information Systems products, both hardware and software, should be subject to litigation as a contract action, a tort action, or both. I further suggest a protocol for attorneys and courts to consider when attempting to discern whether a particular cause of action is appropriate. Last, I briefly discuss whether the advent of certification programs for computer professionals should result in the courts reconsideration of the concept of computer malpractice.

Abortion: Ensuring Access, Sanda Rodgers, Jocelyn Downie

Articles, Book Chapters, & Popular Press

Access to reproductive health care is essential to women’s health, and for some women, abortion is a key component of that care. But not all women in Canada have adequate, or in some cases any, access to abortion. It is important for Canadian physicians to know the facts about access to abortion so that they can better protect and promote the health of their female patients.

Developing Development Theory: Law & Development Orthodoxies And The Northeast Asian Experience, John K.M. Ohnesorge

ExpressO

None of the orthodox theories about law and economic development produced in recent decades has been based on a study of the "miracle" economies of Northeast Asia, nor have any of these orthodoxies seriously been tested against the Northeast Asian experience of law and development. This article conducts such a test, finding that none of these orthodoxies fares well when its claims are tested against the Northeast Asian experience. Rather than using Northeast Asia's experience to produce yet another orthodoxy, however, this article instead proposes rethinking how we understand the task of legal technical assistance, a rethinking which is based …

Greed And Pride In International Bankruptcy: The Problems And Proposed Solutions To “Local Interests”, John A. E. Pottow

Law & Economics Working Papers Archive: 2003-2009

From just-enacted (2005) chapter 15 of the U.S. Bankruptcy Code to the U.K. Enterprise Act of 2002, legislative reforms to international bankruptcy are on the rise. One of the thorniest issues facing scholars and policymakers alike in these efforts is what to do with the nettlesome problem of “local interests.” What exactly are these “local interests,” and what is it that we are we trying to protect? Literature to date has been elusive in pinning this down and has offered, for the most part, only undifferentiated anxiety that an international bankruptcy regime may impinge undesirably upon “local concerns.” This article …

“Beholder” Reflections—Part Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

This column is the second in a series analyzing feedback from readers about what they believe is good legal writing. In the January 2006 Scrivener, I provided a survey containing writing samples for three parts of an objective legal analysis. The survey questions asked readers to indicate which samples they preferred and why, and to comment on specific devices used in the samples.

Judges, Juries, And Punitive Damages: Empirical Analyses Using The Civil Justice Survey Of State Courts 1992, 1996, And 2001 Data, Theodore Eisenberg, Paula L. Hannaford, Michael Heise, Neil Lafountain, Brian Ostrom, Martin T. Wells, G. Thomas Munsterman

Cornell Law Faculty Publications

We analyze thousands of trials from a substantial fraction of the nation's most populous counties. Evidence across ten years and three major datasets suggests that: (1) juries and judges award punitive damages in approximately the same ratio to compensatory damages, (2) the level of punitive damages awards has not increased, and (3) juries' and judges' tendencies to award punitive damages differ in bodily injury and no-bodily-injury cases. Jury trials are associated with a greater rate of punitive damages awards in financial injury cases. Judge trials are associated with a greater rate of punitive damages awards in bodily injury cases.

Vol. 23, No. 3, Barry E. Simon

The Illinois Public Employee Relations Report

Contents:

Last Chance Agreements: Shape Up or Ship Out, by Barry E. Simon

Recent Developments

Further References, compiled by Yoo-Seong Song

Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn

Faculty Scholarship

Civil Gideon advocates have at each turn faced the scourge of Lassiter v. Department of Social Services, which established (apparently out of whole cloth) a presumption that indigent litigants are entitled to appointed counsel only when physical liberty is at stake. This article proposes side-stepping that presumption by seeking a right to counsel on appeal via Douglas v. California, not a right to counsel at trial via Gideon v. Wainwright. Once established, a civil right to counsel on appeal would presage the inevitable downfall of Lassiter and the establishment of Civil Gideon. This article poses the argument …

Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee

Faculty Scholarship

This essay inquires into the political economy and system of governance that have made catastrophes more frequent and severe. The system of governance that is designed to mitigate risk and respond to catastrophes can be ineffective, or worse, increase the risk of harm through unintended consequences. Human influence must be considered a source of collateral risk, the kind that leads to a systemic crisis or exacerbates one. This essay concludes with some brief proposals, discussion topics more than completed ideas, which may facilitate further academic and political dialogue on effective governance and public risk management. They include a catastrophe tax, …

Mid-Atlantic Ethics Committee Newsletter, Summer 2006

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Law Library Annual Report 2005-2006, Georgia State University Law Library

Law Library Annual Reports

No abstract provided.

Santa Clara Magazine Volume 48 Number 1, Summer 2006, Santa Clara University

Santa Clara Magazine

8 - THE MAN BEHIND THE SOUND by Karen Crocker Snell. As a young music-loving soldier in the final days of World War II, John T. "Jack" Mullin '36 went to investigate a German recording device called a magnetophon. His resulting work in sound profoundly affected the field of recorded audio.

14 - THREE ROOMMATES IN PARIS By John Patrick Donnelly, S.J. It has been 500 years since Francisco Xavier and Pierre Favre were born, and 450 years since the death of Ignatius of Loyola. Quite a lot has happened since 1529 at the University of Paris, when the three …

Vol. 4, No. 05 (July/August 2006)

Indiana Law Update

No abstract provided.

Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Gregory S. Alexander, Mary L. Fellows

Cornell Law Faculty Publications

In this paper we develop two theses. First, we argue that uniform law proposals that ask courts and practitioners to abandon revered legal traditions and ways of thinking about estates and trusts, even when they are intent-furthering proposals, face resistance until in time the glories of the past and the risks of a new legal regime fade in importance in legal thought. Second, we argue that, especially within an environment in which states seek to gain competitive advantage over their counterparts in other states, the glories of the past and the risks of a new legal regime fade fastest when …

Environmental Law At Maryland, No. 23, Summer-Fall 2006

Environmental Law at Maryland

No abstract provided.

Some Middle-Aged Spread, A Few Mood Swings, And Growing Exhaustion: The Human Rights Movement At Middle Age, Penelope E. Andrews

Tulsa Law Review

No abstract provided.