Law Commons^™

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

All Faculty Scholarship

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 …

It's A Blessing, Douglas E. Abrams

Faculty Publications

No abstract provided.

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.

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

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

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

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

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

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: 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

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

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

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 …

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

All Faculty Scholarship

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 …

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 …

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 …

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

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 …

Toward A Unified Theory Of Access To Local Telephone Systems, Daniel F. Spulber, Christopher S. Yoo

All Faculty Scholarship

One of the most distinctive developments in telecommunications policy over the past few decades has been the increasingly broad array of access requirements regulatory authorities have imposed on local telephone providers. In so doing, policymakers did not fully consider whether the justifications for regulating telecommunications remained valid. They also allowed each access regime to be governed by its own pricing methodology and set access prices in a way that treated each network component as if it existed in isolation. The result was a regulatory regime that was internally inconsistent, vulnerable to regulatory arbitrage, and unable to capture the interactions among …

Peace Without Justice, Or Justice Without Peace?, Clair Apodaca

Human Rights & Human Welfare

Peace without justice is an illusion. The use of the International Criminal Court (ICC) to investigate and prosecute human rights violations not only provides restorative justice for those harmed by the wrongdoing but also retributive justice towards the perpetrators. Restorative justice seeks to help heal the wounds of the victims and community by acknowledging and witnessing the pain and suffering of the victim. Retributive justice seeks to punish the offenders. The hope is that retribution will deter or prevent future acts of violence by holding perpetrators accountable for the violations of human rights, genocide, war crimes, and crimes against humanity. …

Torch (December 2008), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds

William & Mary Law Review

No abstract provided.

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

BYU Law Review

No abstract provided.

Challenging The International Criminal Court Over Al-Bashir, Emma Gilligan

Human Rights & Human Welfare

As of late November 2008, we are still awaiting the decision of the U.N. Security Council with regard to the request for the arrest of Sudanese President, Omar al-Bashir for war crimes, crimes against humanity and genocide put forward by the International Criminal Court (ICC) in July. With former Presidents Charles Taylor of Liberia and Slobodan Milosevic of Serbia as the only two heads of state formally indicted by the ICC since its inception in 2002, the question remains whether the U.N. Security Council will allow this controversial indictment of al-Bashir by Chief Prosecutor, Luis Moreno-Ocampo or invoke Article 16 …

Alex De Waal's Shuttle Diplomacy, Sarah Stanlick

Human Rights & Human Welfare

This month’s discussion piece, “The Activist,” is a critical look at one of the most renowned scholars of the turmoil in Sudan. Alex de Waal, a man with an almost encyclopedic knowledge of the different factions, aspects, and issues surrounding the conflicts in Sudan, is profiled under a careful eye. De Waal, a competent critic—as McDonell notes who “takes pride in his competence, and he does not hesitate to criticize activists he deems inexpert”— has built a career on a meticulously researched understanding of the conflict. He honed that reputation through careful action, critical thinking, and a critical voice for …

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

BYU Law Review

No abstract provided.

December Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Activist.” Harper's Magazine. November 2008.

Human Rights Or Inhuman Wrongs, Edward Friedman

Human Rights & Human Welfare

The project of promoting universally recognized human rights, that is, the commitments of the U.N. General Assembly-ratified Universal Declaration of Human Rights (UDHR), is in danger. Military and political intervention, including economic sanctions, to stop genocide and ethnic and other political mass murder is under attack. Apparently the lessons of Hitler’s holocaust, the Turkish genocide of Armenians, Pol Pot’s slaughter of innocents, and the loss of life in Rwanda are being rethought and un-taught. So-called peace is now preferred over prevention. The dead may have died in vain.