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2008

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Full-Text Articles in Law

Ssrn As An Initial Revolution In Academic Knowledge Aggregation And Dissemination, David Bray, Sascha Vitzthum, Benn Konsynski Jan 2010

Ssrn As An Initial Revolution In Academic Knowledge Aggregation And Dissemination, David Bray, Sascha Vitzthum, Benn Konsynski

Sascha Vitzthum

Within this paper we consider our results of using the Social Science Research Network (SSRN) over a period of 18 months to distribute our working papers to the research community. Our experiences have been quite positive, with SSRN serving as a platform both to inform our colleagues about our research as well as inform us about related research (through email and telephoned conversations of colleagues who discovered our paper on SSRN). We then discuss potential future directions for SSRN to consider, and how SSRN might well represent an initial revolution in 21st century academic knowledge aggregation and dissemination. Our paper …


Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen Dec 2008

Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

No abstract provided.


It's A Blessing, Douglas E. Abrams Dec 2008

It's A Blessing, Douglas E. Abrams

Faculty Publications

No abstract provided.


The Coase Theorem And Arthur Cecil Pigou, Herbert J. Hovenkamp Dec 2008

The Coase Theorem And Arthur Cecil Pigou, Herbert J. Hovenkamp

Faculty Scholarship at Penn Carey Law

In "The Problem of Social Cost" Ronald Coase was highly critical of the work of Cambridge University Economics Professor Arthur Cecil Pigou, presenting him as a radical government interventionist. In later work Coase's critique of Pigou became even more strident. In fact, however, Pigou's Economics of Welfare created the basic model and many of the tools that Coase's later work employed. Much of what we today characterize as the "Coase Theorem," including the relevance of transaction costs, externalities, and bilateral monopoly, was either stated or anticipated in Pigou's work. Further, Coase's extreme faith in private bargaining led him to fail …


Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner Dec 2008

Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner

Kate Bronfenbrenner

In May 2000, the United States Trade Deficit Review Commission contracted with Cornell University to conduct a study updating Cornell’s previous research on the impact of plant closings and threats of plant closings on union organizing campaigns in the U.S. private sector. Through surveys, personal interviews, documentary evidence, and the use of electronic databases, the Cornell researchers were able to collect detailed data on the extent, nature, and impact of plant closings and plant closing threats for a random sample of more than 400 NLRP certification campaigns that took place between January 1, 1998 and December 31, 1999. By examining …


Elections And Economic Turbulence In Brazil: Candidates, Voters, And Investors, Tony Petros Spanakos, Lucio R. Renno Dec 2008

Elections And Economic Turbulence In Brazil: Candidates, Voters, And Investors, Tony Petros Spanakos, Lucio R. Renno

Department of Political Science and Law Faculty Scholarship and Creative Works

The relation between elections and the economy in Latin America might be understood by considering the agency of candidates and the issue of policy preference congruence between investors and voters. The preference congruence model proposed in this article highlights political risk in emerging markets. Certain risk features increase the role of candidate campaign rhetoric and investor preferences in elections. When politicians propose policies that can appease voters and investors, elections may have a limited effect on economic indicators, such as inflation. But when voter and investor priorities differ significantly, deterioration of economic indicators is more likely. Moreover, voter and investor …


A Sampling Of Workplace Flexibility Laws And Programs For Military Personnel, Workplace Flexibility 2010, Georgetown University Law Center Dec 2008

A Sampling Of Workplace Flexibility Laws And Programs For Military Personnel, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A variety of laws, policies, and programs govern the availability and utilization of workplace flexibility in the military as an employer for both service members and civilians. This document provides examples of those laws, policies, and programs, categorized by the type of flexibility governed.


An Overview Of Userra And The Fmla's Provisions For Military Families, Workplace Flexibility 2010, Georgetown University Law Center Dec 2008

An Overview Of Userra And The Fmla's Provisions For Military Families, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Two federal laws offer employment protections specifically to service members and their families. This is a summary of these laws, the USERRA and provisions of the FMLA.


Alexander Campbell King Law Library Strategic Plan, 2008-2011, University Of Georgia Law Library Dec 2008

Alexander Campbell King Law Library Strategic Plan, 2008-2011, University Of Georgia Law Library

Strategic Plan Documents

This nine page document last revised in December 2008 served as the strategic plan for the University of Georgia School of Law's Library. It contains five goals, and each goal had objectives and strategies identified for how to achieve them. This document served as a three-year guide for the librarians, staff, their services, and library resources.


Agenda: Evolving Regional Frameworks For Ag-To-Urban Water Transfers, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Western Water Assessment (Program), Red Lodge Clearinghouse Dec 2008

Agenda: Evolving Regional Frameworks For Ag-To-Urban Water Transfers, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Western Water Assessment (Program), Red Lodge Clearinghouse

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

The permanent transfer of water from agricultural users to municipalities has become a common feature of water management in several western states. In many cases, these voluntary market‐based transfers provide significant benefits to both the buyers and sellers, but many third parties—including remaining irrigators, rural businesses and communities dependent upon agricultural economies—have been negatively impacted. While some impacts of these so‐called “buy and dry” transfers are largely unavoidable, many can be lessened by temporary arrangements that only shift water to cities in years when municipal supplies are inadequate, such as drought and post‐drought storage recovery, and by consolidating individual farm‐to‐city …


Slides: Lower Arkansas Valley Super Ditch Company, Inc.: Water Leasing Program, Peter Nichols Dec 2008

Slides: Lower Arkansas Valley Super Ditch Company, Inc.: Water Leasing Program, Peter Nichols

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Peter Nichols, General Counsel of the Lower Arkansas Valley “Super Ditch” Company, Trout, Raley, Montano, Witwer & Freeman PC, Colorado

33 slides


Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby Dec 2008

Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Jerry Rigby, Counsel for Fremont‐Madison Irrigation District, Rigby, Thatcher, Andrus, Rigby & Moeller, Idaho

25 slides


Slides: Pvid/Mwd Land Management, Crop Rotation And Water Supply Program, Ed Smith Dec 2008

Slides: Pvid/Mwd Land Management, Crop Rotation And Water Supply Program, Ed Smith

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Ed Smith, General Manager, Palo Verde Irrigation District, Southern California

25 slides


Corporate Ethics In A Devilish System, Kent Greenfield Dec 2008

Corporate Ethics In A Devilish System, Kent Greenfield

Boston College Law School Faculty Papers

Prepared for a roundtable on corporate ethics at the University of Maryland School of Law, this essay argues that discussions of corporate ethics that focus on mere compliance with law are too narrow. While an emphasis on legal compliance is indeed crucial, a dedication to legality standing alone is hardly a robust sense of ethics, corporate or otherwise. Whether one takes guidance from religious norms or from secular philosophers, there are significant areas of agreement as to what amounts to ethical behavior: acting with due care for others; taking responsibility for the effect of one's actions; being honest; considering broadly …


Généticisation Et Responsabilité: Les Habits Neufs De La Gouvernance Néolibérale (Uncorrected Proofs), Antoinette Rouvroy Dec 2008

Généticisation Et Responsabilité: Les Habits Neufs De La Gouvernance Néolibérale (Uncorrected Proofs), Antoinette Rouvroy

Antoinette Rouvroy

Loin du phantasme spectaculaire d’une “maléabilité” génétique de l’être humain, et nonobstant les discours grandiloquants qui ont accompagné la très coûteuse exploration du génome humain, la “nouvelle génétique humaine” ne révèle ni ne porte atteinte à l’essence de l’être humain (encore faudrait-il qu’une telle essence puisse jamais être définie), mais révolutionne notre perception des causes des smilitudes et variations au sein de l’espèce humaine. Le néologisme ‘généticisation’ désigne la contamination progressive des discours sociétaux (médicaux, juridiques, politiques, sociologiques,...) par une logique réductionniste et essentialiste faisant des gènes la cause privilégiée sinon exclusive des variations inter-personnelles et inter-communautaires au sein de …


The Impact Of "Going Private" On Corporate Stakeholders, Kent Greenfield Dec 2008

The Impact Of "Going Private" On Corporate Stakeholders, Kent Greenfield

Boston College Law School Faculty Papers

As capital markets in the United States increasingly "go private," it is unclear how the privatization of corporate finance will affect non-shareholder stakeholders of firms, most centrally employees, communities, and the environment. Some scholars and public policy experts believe that concern for such stakeholders should not hold any relevance in the discussion of corporate law in general, and thus may be presumed to believe the same about a conversation about privatization. In such a view, these concerns lie outside the realm of corporate governance law; they therefore should be of no great moment in the debate over whether public policy …


Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy Dec 2008

Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Presented to the Syrian American Women’s Club December 4, 2008 by Dr. Edna Saffy.


Government Clubs: Theory And Evidence From Voluntary Environmental Programs, Cary Coglianese, Jennifer Nash Dec 2008

Government Clubs: Theory And Evidence From Voluntary Environmental Programs, Cary Coglianese, Jennifer Nash

Faculty Scholarship at Penn Carey Law

The U.S. Environmental Protection Agency (EPA) has established numerous voluntary environmental programs over the last fifteen years, seeking to encourage businesses to make environmental progress beyond what current law requires them to achieve. EPA aims to induce beyond-compliance behavior by offering various forms of recognition and rewards, including relief from otherwise applicable environmental regulations. Despite EPA's emphasis on voluntary programs,relatively few businesses have availed themselves of these programs -- and paradoxically, the programs that offer the most significant regulatory benefits tend to have the fewest members. We explain this paradox by focusing on (a) how programs'membership screening corresponds with membership …


Aspectos Legais Dos Mecanismos De Compartilhamento Monetário: Currency Board, União Monetária E Adoção De Moeda Estrangeira [Legal Aspects Of Currency-Sharing Mechanisms: Currency Board, Monetary Union, And Adoption Of A Foreign Currency], Jefferson Alvares Dec 2008

Aspectos Legais Dos Mecanismos De Compartilhamento Monetário: Currency Board, União Monetária E Adoção De Moeda Estrangeira [Legal Aspects Of Currency-Sharing Mechanisms: Currency Board, Monetary Union, And Adoption Of A Foreign Currency], Jefferson Alvares

Jefferson Alvares

Aborda os aspectos jurídicos dos mecanismos que possibilitam a utilização de uma mesma moeda por mais de um Estado: o currency board, as uniões monetárias e a adoção de moeda estrangeira. Analisa as raízes sociais e jurídica da moeda; o papel da moeda na economia internacional, incluindo detalhes sobre os mecanismos de compartilhamento monetário; e as condições para a criação de uma área monetária unificada no Mercosul.

[The paper deals with the legal aspects of mechanisms that enable a single currency to be officially employed in two or more national economies: currency boards, monetary unions, and outright use of a …


Unraveling Judicial Restraint: Guns, Abortion, And The Faux Conservatism Of J. Harvie Wilkinson, Iii, Nelson Lund, David B. Kopel Dec 2008

Unraveling Judicial Restraint: Guns, Abortion, And The Faux Conservatism Of J. Harvie Wilkinson, Iii, Nelson Lund, David B. Kopel

David B Kopel

Writing in the Virginia Law Review, a distinguished federal judge maintains that true conservatives are required to substitute principles of judicial restraint for an inquiry into the original meaning of the Constitution. Accordingly, argues J. Harvie Wilkinson, III, the Supreme Court's Second Amendment decision in District of Columbia v. Heller is an activist decision just like Roe v. Wade: "[B]oth cases found judicially enforceable substantive rights only ambiguously rooted in the Constitution's text." In this response, we challenge his critique.

Part I shows that Judge Wilkinson's analogy between Roe and Heller is untenable. The right of the people to keep …


Pareto Versus Welfare, Robert C. Hockett Dec 2008

Pareto Versus Welfare, Robert C. Hockett

Cornell Law Faculty Publications

Many normatively oriented economists, legal academics and other policy analysts appear to be "welfarist" and Paretian to at least moderate degree: They deem positive responsiveness to individual preferences, and satisfaction of one or more of the familiar Pareto criteria, to be reasonably undemanding and desirable attributes of any social welfare function (SWF) employed to formulate social evaluations. Some theorists and analysts go further than moderate welfarism or Paretianism, however: They argue that "the Pareto principle" requires the SWF be responsive to individual preferences alone - a position I label "strict" welfarism - and conclude that all social evaluation should in …


An Overview Of The Gloves-Off Economy: Workplace Standards At The Bottom Of America’S Labor Market, Annette Bernhardt, Heather Boushey, Laura Dresser, Chris Tilly Dec 2008

An Overview Of The Gloves-Off Economy: Workplace Standards At The Bottom Of America’S Labor Market, Annette Bernhardt, Heather Boushey, Laura Dresser, Chris Tilly

Center for Social Policy Publications

When we talk about the “gloves-off economy,” we are identifying a set of employer strategies and practices that either evade or outright violate the core laws and standards that govern job quality in the U.S. While such strategies have long been present in certain sectors, such as sweatshops and marginal small businesses, we argue that they are spreading. This trend, driven by competitive pressures, has been shaped by an environment where other major economic actors—government, unions, and civil society—have either promoted deregulation or been unable to contain gloves-off business strategies. The result, at the start of the 21st century, is …


The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson Dec 2008

The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson

The University of New Hampshire Law Review

[Excerpt] “The following article documents the judicial career of Justice David Souter from his time served as an attorney general and state judge in New Hampshire until his recent tenure on the U.S. Supreme Court. Based upon his written opinions and individual votes, Justice Souter clearly has evolved into a more liberal jurist than ideological conservatives would have preferred in the area of criminal justice. Over the course of his judicial career, Justice Souter has gained respect as an intellectual scholar by attempting to completely understand both sides of a dispute and applying precedent and legal rules in a flexible—albeit …


The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett Dec 2008

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …


Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush Dec 2008

Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush

BYU Law Review

No abstract provided.


The Social Psychology Of Evil: Can The Law Prevent Groups From Making Good People Go Bad?, David Crump Dec 2008

The Social Psychology Of Evil: Can The Law Prevent Groups From Making Good People Go Bad?, David Crump

BYU Law Review

No abstract provided.


Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart Dec 2008

Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart

BYU Law Review

No abstract provided.


Transcending Net Neutrality: Ten Steps Toward An Open Internet, Sascha Meinrath, Victor Pickard Dec 2008

Transcending Net Neutrality: Ten Steps Toward An Open Internet, Sascha Meinrath, Victor Pickard

Departmental Papers (ASC)

The past few years have witnessed a once-obscure issue known as “net neutrality” blow up into arguably the most publicized policy debate in US telecommunications history. An untold story is how this relatively technical debate spilled outside the rarefied airs of Congressional Committees and the Federal Communications Commission’s (FCC’s) eighth floor to rage across the blogosphere, major newspapers, YouTube clips, and episodes of The Daily Show to become, if not a household phrase, a topic of popular debate involving millions of Americans. One explanation is that, at its root, the net neutrality debate is far more significant than a squabble …


Judicial Fact-Finding At Sentencing, Stephanos Bibas Dec 2008

Judicial Fact-Finding At Sentencing, Stephanos Bibas

Faculty Scholarship at Penn Carey Law

This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New Jersey, Blakely v. Washington, and United States v. Booker to limit judges' ability to find facts at sentencing. Paradoxically, the much-criticized Federal Sentencing Guidelines have survived; a line of cases that began as an effort to restore juries' role has turned into a guarantor of judicial discretion; and the doctrine has quickly moved far from its Sixth Amendment roots to a policy balancing test. The Court could instead have pursued a different, more fruitful path. The Court did not have to force sentencing factors into …


The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo Dec 2008

The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo

Faculty Scholarship at Penn Carey Law

On April 18-19, 2008, the University of Pennsylvania Law School hosted a landmark conference on “The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective.” This conference was the first major event for Penn’s newly established Center for Technology, Innovation, and Competition, a research institute committed to promoting basic research into foundational frameworks that will shape the way policymakers think about technology-related issues in the future. The breakup of AT&T represents an ideal starting point for reexamining the major themes of telecommunications policy that have emerged over the past quarter century. The conference featured a keynote address by …