Law Commons^™

Monitoring Stress During Training, Olivita Couso

Seton Hall University Dissertations and Theses (ETDs)

The highly stressful job of law enforcement personnel, rescue workers and soldiers requires them to constantly put to the test their previous training. In order too respond effectively under pressure, the training of these personnel must be preformed under conditions that elicit pressure. The research proposed in this thesis evaluates established training regimens for the degree of stressfulness instilled in trainees from physiological (hypothalamic-pituitary adrenal axis, autonomic nervous system) and psychological perspectives (anxiety). Subjects participating in SWAT and military training were recruited, as well as subjects having no prior SWAT or military training. Individual physiological stress responses measured included heart …

Naked And Covered In Monte Carlo: A Reappraisal Of Option Taxation, Eric D. Chason

Faculty Publications

The market for equity options and related derivatives is staggering, covering trillions of dollars worth of assets. As a result, the taxation of these instruments is inherently important. Moreover, the importance is made even more acute by the use of options in creating more complex transactions and in avoiding taxes. Consider an equity call option, which entitles, but does not obligate, its holder to buy stock at a set price at a set time in the future. Option theory gives us a way to break the option down into more fundamental units. For example, an equity call option over 10,000 …

Richmond Law Magazine: Summer 2007

Richmond Law Magazine

Features:

Bedrock of Democracy

For the Public Good

Medicine and Law

Special Counsel

Happiness Research And Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler

Coase-Sandor Institute for Law & Economics Research Paper Series

A growing body of research on happiness or subjective well-being shows, among other things, that people adapt to many injuries more rapidly than is commonly thought, fail to predict the degree of adaptation and hence overestimate the impact of those injuries on their well-being, and, similarly, enjoy small or moderate rather than significant changes in well-being in response to significant changes in income. Some researchers believe that these findings pose a challenge to cost-benefit analysis, and argue that project evaluation decision-procedures based on economic premises should be replaced with procedures that directly maximize subjective well-being. This view turns out to …

Prescribed By Law/Une Règle De Droit, Robert Leckey

Osgoode Hall Law Journal

In Multani, the Supreme Court of Canada's kirpan case, judges disagree over the proper approach to reviewing administrative action under the Canadian Charter of Rights and Freedoms. The concurring judges questioned the leading judgment, Slaight Communications, on the basis that it is inconsistent with the French text of section I. This disagreement stimulates reflections on language and culture in Canadian constitutional and administrative law. A reading of both language versions of section 1, Slaight, and the critical scholarship 'reveals a linguistic dualism in which scholars read one version of the Charter and of the judgment and write about them in …

A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra B. Zellmer

Faculty Law Review Articles

Last year, hundreds of thousands of residents of the lower Mississippi River basin were forced to flee Hurricane Katrina.2 Having scattered like leaves before the gale-force winds that pounded the Gulf Coast, many are still displaced by the wreckage caused by storm surges and floodwaters.3 Those who have returned continue to experience the adverse effects of a shattered infrastructure as they attempt to rebuild their homes and their lives. The environmental calamity is profound: drinking water sources polluted by destroyed septic systems and leaking storage tanks; contaminated sediments from the bayous to the residents' backyards; decimated marshes and oyster beds-in …

Copyright's Empire: Why The Law Matters, Alina Ng

Marquette Intellectual Property Law Review

Previous intellectual property literature demands a balance between incentives to produce for the creator of a work and access to information, knowledge, and content by the users. However, law and economics jurisprudence does not provide compelling arguments to support the notion that the copyright monopoly is the most efficient way to maximize public welfare by promoting the works of authors. The social cost from expansion of private rights is nonexistent because market structures change as technologies develop, providing society with increased accessibility to creative works. Accordingly, copyright laws need to expand as technology develops in order to realize a fair …

International Commerce And Undocumented Workers: Using Trade To Secure Labor Rights, Laura Jakubowski

Indiana Journal of Global Legal Studies

This article explores the rights of illegal immigrants and undocumented workers throughout the world. International treaties have attempted to deal with the rights of undocumented workers, but few countries have been willing to sign on to the treaties. This article argues that undocumented workers should have more expansive rights, and that international trade agreements and institutions should be used where human rights and domestic solutions have failed to guarantee the rights of the most vulnerable workers.

The Law Of Society: Governance Through Contract, Peter Zumbansen

Indiana Journal of Global Legal Studies

This paper focuses on contract law as a central field in contemporary regulatory practice. In recent years, "governance by contract" has emerged as the central concept in the context of privatization, domestic and transnational commercial relations, and law-and-development projects. Meanwhile, as a result of the neo-formalist attack on contract law, "governance of contract" through contract adjudication, consumer protection law, and judicial intervention into private law relations has come under severe pressure. Building on early historical critique of the formalist foundations of an allegedly private law of the market, the paper assesses the current justifications for contractual governance and posits that …

Sexuality And Global Forces: Dr. Alfred Kinsey And The Supreme Court Of The United States (Branigin Lecture), Michael D. Kirby

Indiana Journal of Global Legal Studies

Branigin Lecture, presented at Indiana University on October 14,2006.

Egalitarianism And Exclusion: U.S. Guest Worker Programs And A Non-Subordination Approach To The Labor-Based Admission Of Nonprofessional Foreign National, Andrew Elmore

Faculty Scholarship

Comprehensive immigration reform has been a top legislative priority for the last several years, and recent bills have contemplated the expansion of guest worker programs to adjust the status of undocumented immigrants and to control the future migrant flow. While there is a broad consensus that the current immigration system is broken, there is sharp disagreement about whether it is wise public policy to expand labor-based admissions in order to provide nonprofessional foreign nationals with an authorized means to migrate. This Article contributes to this debate by examining current guest worker programs, and recommends their reform through a “non-subordination” approach …

International Courts And Tribunals, Lee M. Caplan, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Cesare P.R. Romano

Faculty Publications

This article summarizes significant developments in 2006 concerning international courts and tribunals, particularly events relating to the International Court of Justice, the Permanent Court of Arbitration, the Iran-U.S. Claims Tribunal, the Eritrea-Ethiopia Claims Commission, and arbitral tribunals constituted under the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States. This article covers the period of activity from December 1, 2005, to November 30, 2006.

Constitutional Questions About Canada's New Political Finance Regime, Colin Feasby

Osgoode Hall Law Journal

The Supreme Court of Canada has considered the constitutionality of some aspects of the political finance regime that has been in place since 1974. Recent political finance reforms raise new and challenging constitutional questions. This article examines whether the political finance reforms introduced in the 2003 Elections Act and 2006 Accountability Act-limits on political contributions by individuals and an outright prohibition on union and corporate political contributions-are contrary to Charter guarantees of freedom of expression and freedom of association. Parliament's conflict of interest in regulating the democratic process and the implications that this conflict has for Charter analysis of the …

Geo-Politics, The ‘War On Terror’ And The Competitiveness Of The City Of London, Richard Woodward

Books/Book Chapters

No abstract provided.

The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao-Li Chang

Research Collection School Of Economics

This paper provides a theoretical framework of dispute settlement to explain the surge in blocking incidence of GATT panel reports during the 1980s and the variations in withdrawn incidence versus total disputes across different decades of the GATT regime. The study first suggests the role of the degree of legal controversy over a panel ruling in determining countries' incentives to block (appeal) a panel report under the GATT (WTO) regime. The study then analyzes the effects of political power on countries' incentives to use, and their interactions in using, the dispute settlement mechanism, when two-sided asymmetric information exists regarding panel …

Geopolitical Rivalry In The Caspian-Caucasus Region And The Dilemma Of Interstate Cooperation, Nurettin Altundeger

Graduate Program in International Studies Theses & Dissertations

This dissertation develops a unique way of analyzing the interstate relationship in the Caspian region over the development of Caspian oil resources. Based on three different independent variables, this dissertation seeks to understand the main reasons behind the absence of interstate cooperation in the Caspian Sea region.

Among the variety of factors that might have affected the nature of interstate relationships and cooperation in the region, national interest considerations among the littoral states and external powers involved in the affairs of the Caspian Sea region proved to be the most important factor(s) that explain the lack of cooperation in developing …

Redefining Marriage: Where To Draw The Line?, Seow Hon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.

License To Share: The Ugly Side Of Creative Capitalism And The Irony Of The Commons, Warren B. Chik

Research Collection Yong Pung How School Of Law

In the real world, capitalism has largely influenced the development of the copyright regime as it exists today. However, the emergence of a cyberspace society requires us to revisit communitarian values in the light of the unique features of virtual interaction and the changing expectations and attitudes towards the control and use of creative works. As copyright legal and technological protections continue to expand, private initiatives through creative licensing provide some relief to their restrictions.

Mediation Und Rugby 'Downunder', Nadja Alexander

Research Collection Yong Pung How School Of Law

No abstract provided.

Juries Reborn, Mark Findlay

Research Collection Yong Pung How School Of Law

In most states and territories in Australia the impact of the jury on criminal justice is being systematically and radically eroded by the expansion of summary jurisdiction.

Redefining Marriage: Where To Draw The Line?, Seow Hon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.

Timing Rules And Legal Institutions, Eric A. Posner, Jacob Gersen

Public Law and Legal Theory Working Papers

Constitutional and legislative restrictions on the timing of legislation and regulation are ubiquitous, but these “timing rules” have received little attention in the legal literature. Yet the timing of a law can be just as important as its content. The timing of a law determines whether its benefits are created sooner or later. This determines how the costs and benefits are spread across time, and hence how they are distributed to the advantage or disadvantage of different private groups, citizens, and governmental officials. We argue that timing rules are, and should be, used to reduce agency problems within the legislature …

A Class Of Their Own: Model Procedural Rules And Evidentiary Evaluation Of Computer-Generated "Animations", Dean A. Morande

University of Miami Law Review

No abstract provided.

"Balancing Your Strengths Against Your Felonies": Considerations For Military Recruitment Of Ex-Offenders, Michael Boucai

University of Miami Law Review

No abstract provided.

How Do We Deal With This Mess? A Primer For State And Local Governments On Navigating The Legal Complexities Of Debris Issues Following Mass Disasters, Ryan M. Seidemann, Megan K. Terrell, Christopher D. Matchett

University of Miami Law Review

No abstract provided.

Commentary On The U.N. International Law Commission's Draft Articles On The Law Of Transboundary Aquifers, Gabriel E. Eckstein

Faculty Scholarship

Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Despite our increasing reliance, ground water resources have long been the neglected stepchild of international water law; regulation and management of and information about ground water resources are sorely lacking, especially in the international context. Presently, there is no international agreement squarely addressing ground water resources that traverse an international boundary. Moreover, there is only one treaty in the entire world pertaining to the …

Trademarks And The Internet: The United States' Experience, Glynn S. Lunney Jr

Faculty Scholarship

This article is divided into three sections: (II) The past; (III) The Present; and (IV) The Future. Part II will focus on the early judicial decisions applying trademark law to the Internet. It will examine the Internet's frontier period, discuss some of the early cases and their fact patterns, and attempt to show how the courts re-wrote various doctrinal elements of trademark law so they could reach the bad actors before them. While this period is characterized more by the predominantly bad faith nature of the defendants than by a calendar, it runs for approximately five years, from the first …

Ten Common Questions About Intellectual Property And Human Rights, Peter K. Yu

Faculty Scholarship

With the continuous expansion of intellectual property rights, there is a growing need for the development of a human rights framework for intellectual property rights. Such a framework is not only socially beneficial, but will enable the development of a balanced intellectual property system that takes human rights obligations into consideration. Developing such a framework, however, is not easy and has raised many difficult questions. Some of these questions are foundational, some of them conceptual, and the remainder merely implementational.

This article tackles in turn ten questions the author has frequently encountered when he discusses the development of a human …

Can We Make The Constitution More Democratic?, Ilya Somin, Neal Devins

Faculty Publications

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.