Law Commons^™

The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

Two fundamental principles relating to party autonomy developed in the recent history of the conflict of laws. Despite initial reservations, the law today takes for granted that the parties’ agreement is nearly conclusive in respect of both their choice of litigation forum and their choice of the law governing the contractual relationship. Meanwhile, the law of obligations – in tort, restitution and equity – has grown apace; disputes between contracting parties today are rarely confined to pure contractual issues. Can contracting parties choose the law to govern non-contractual disputes in cross-border litigation? In the absence of such choice, to what …

Neoliberal Penality: The Birth Of Natural Order, The Illusion Of Free Markets, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

The major function of criminal law in a capitalist society is to prevent people from bypassing the system of voluntary, compensated exchange—the “market,” explicit or implicit—in situations where, because transaction costs are low, the market is a more efficient method of allocating resources than forced exchange… When transaction costs are low, the market is, virtually by definition, the most efficient method of allocating resources. Attempts to bypass the market will therefore be discouraged by a legal system bent on promoting efficiency.

Optimal Remedies For Patent Infringement: A Transactional Model, Paul J. Heald

Public Law and Legal Theory Working Papers

In a world of zero transaction costs, one should observe optimal invention and innovation. As long as a system of enforceable contracts were in place, firms with inventive capacity and firms requiring inventions would negotiate for the optimal production of new creations. With adequate information, an observer could accurately predict which transactions would occur between firms and which transactions would not, thereby permitting description of the conditions for optimal inventiveness. Patent remedies in a world with transactions costs can be calibrated so that real firms behave as ideal firms, providing incentives for real world transactions to mimic those in a …

Supposons Que La Discipline Et La Securite N'Existent Pas~ Rereading Foucault's College De France Lectures, Bernard E. Harcourt, Paul Veyne

Public Law and Legal Theory Working Papers

No abstract provided.

Abolition In The U.S.A. By 2050: On Political Capital And Ordniary Acts Of Resistance, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

The United States, like the larger international community, likely will tend toward greater abolition of the death penalty during the first half of the twenty-first century. A handful of individual states—states that have historically carried out few or no executions—probably will abolish capital punishment over the next twenty years, which will create political momentum and ultimately a federal constitutional ban on capital punishment in the United States. It is entirely reasonable to expect that, by the mid-twenty-first century, capital punishment will have the same status internationally as torture: an outlier practice, prohibited by international agreements and customary international law, practiced …

Beyond Judicial Minimalism, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Many judges are minimalists. They favor rulings that are narrow, in the sense that they govern only the circumstances of the particular case, and also shallow, in the sense that they do not accept a deep theory of the legal provision at issue. In law, narrow and shallow decisions have real advantages insofar as they reduce both decision costs and error costs; make space for democratic engagement on fundamental questions; and reflect a norm of civic respect. In many cases, however, minimalism is hard to justify in these ways. Sometimes small steps increase the aggregate costs of decisions; sometimes they …

Protecting Public Health And The Environment By The Stroke Of A Presidential Pen: Seven Executive Orders For The President's First 100 Days, Eileen Gauna

Faculty Scholarship

This white paper recommends a series of seven Executive Orders to the new Administration, all in the areas of health, safety, and the environment. Each of the suggested Executive Orders directs agencies of the government to take specific steps that would make a realworld difference and simultaneously send a signal to the public, Congress, the business community, and others that a new course has been charted and that change has arrived.

Tales Of Two Regimes For Regulating Limited Liability Law Firms In The Us And Australia: Client Protection And Risk Management Lessons, Susan Saab Fortney

Faculty Scholarship

This essay contrasts the regimes that allow limited liability partnerships in the US and fully incorporated legal practices in Australia. The essay argues that Australia has taken advantage of an opportunity to develop innovative and necessary regulation of law firm ethical infrastructure with the introduction of incorporated legal practices, but the United States has not yet adequately addressed the consumer and ethical risks of limited liability partnerships. This essay raises the issue of whether Australia’s requirement that incorporated law firms should implement “appropriate management systems” to ensure ethical conduct is a model that could fruitfully be applied to all law …

Analysis Of Methods For Z Company To Deal With Single Hull Vlcc, Chen Ye

World Maritime University Dissertations

No abstract provided.

If Obscenity Were To Discriminate, Barry P. Mcdonald

NULR Online

No abstract provided.

August 27, 2008: The Future Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Catastrophic Loss, Alternative Risk Transfer, And Terrorism Insurance, Robert J. Rhee

Faculty Scholarship

This paper constitutes a compilation of summary entries on catastrophic loss, alternative risk transfer, and the Terrorism Risk Insurance Act of 2002 and the Terrorism Risk Insurance Extension Act of 2005, along with references and further reading.

Vol. 59, No. 1, August 25, 2008, University Of Michigan Law School

Res Gestae

•All I Ever Needed to Know About OCI I Learned Doing My Laundry •How to Succeed at OCI Without Really Trying •Baby I'm an L-STAR •Dining for Dollars •Summertime Blues •Expert Advice •Kicking It Old School •Between the Briefs •No Other Warranties, Expressed or Implied •The On-Campus Interview ad Lib •Vintage RG: OCI R(G)ad Lib

Finding A Happy And Ethical Medium Between A Prosecutor Who Believes The Defendant Didn't Do It And The Boss Who Says That He Did, Melanie D. Wilson

NULR Online

No abstract provided.

August 24, 2008: More On Michael Hampson, Bruce Ledewitz

Hallowed Secularism

Blog post, “More on Michael Hampson“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Governing Guns, Opposing Opium: A Theory Of Internationally Regulated Goods, Asif Efrat

Cornell Law Faculty Working Papers

The paper examines a significant phenomenon overlooked by the trade literature: internationally regulated goods. Contrary to the general trend of trade liberalization, specific goods, such as drugs, small arms, and antiquities, have come under increasing international control in recent decades through a set of global regulatory agreements. I argue that these goods are unique in that they involve transnational negative externalities. Whereas certain countries benefit from the trade in these goods, the trade inflicts negative effects on other countries. Examples of such negative externalities include fatalities and refugee flows resulting from rampant gun violence, high crime rates associated with widespread …

August 23, 2008: Thinkers In The New Secularism: Michael Hampson, Bruce Ledewitz

Hallowed Secularism

Blog post, “Thinkers in the New Secularism: Michael Hampson“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur

All Faculty Scholarship

This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …

August 21, 2008: Thinkers In The New Secularism: Susan Neiman, Bruce Ledewitz

Hallowed Secularism

Blog post, “Thinkers in the New Secularism: Susan Neiman“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Case For Field Preemption Of State Laws In Drug Cases, Richard A. Epstein

NULR Online

No abstract provided.

Amicus Brief, Lebron V. Gottlieb Memorial Hospital, Neil Vidmar, Tom Baker, Ralph L. Brill, Martha Chamallas, Stephen Daniels, Thomas A. Eaton, Theodore Eisenberg, Neal R. Feigenson, Lucinda M. Finley, Marc Galanter, Valerie P. Hans, Michael Heise, Edward J. Kionka, Thomas H. Koenig, Herbert M. Kritzer, David I. Levine, Nancy S. Marder, Joanne Martin, Frank M. Mcclellan, Deborah Jones Merritt, Philip G. Peters, Jr., James T. Richardson, Charles Silver, Richard W. Wright

Scholarly Works

Illinois Public Act 82-280, § 2-1706.5, as amended by P.A. 94-677, § 330 (eff. Aug. 25, 2005), and as codified as 735 ILCS 5/2-1706.5(a), imposes a $500,000 “cap” on the noneconomic damages that may be awarded in a medical malpractice suit against a physician or other health care professional, and a $1 million “cap” on the noneconomic damages that may be awarded against a hospital, its affiliates, or their employees.

This brief will address two of the questions presented for review by the parties:

1. Does the cap violate the Illinois Constitution’s prohibition on “special legislation,” Art. IV, § 3, …

Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Through state legislation and local land use powers, municipalities in New York have authority to facilitate solar energy usage and reduce carbon emissions. This article analyzes several specific New York and municipal legislative provisions enabling New York’s municipalities to encourage or discourage solar energy. Interestingly, many of the tools discussed in this article are variations of pre-existing traditional land use tools such as, variances, subdivision design requirements, or fee exemptions.

Hamifkad Haleumi V. Attorney General, Miriam Naor, Edmond E. Levy, Dorit Beinisch, Esther Hayut, Ayala Procaccia, Asher Grunis, Salim Joubran

Translated Opinions

Facts: The petitioner is a private company working for the promotion of political program to solve the Israeli-Arab conflict. It applied to the respondents for permission to expose the public to the central principles of its political program by way of advertisements on television and radio. Due to the political contents of the advertisements the Authorities rejected the applications, relying on, respectively, Broadcasting Authority’s Rules - (Advertisements and Notifications on Radio) and the  Second Authority Rules (Ethics in Advertising in Radio Broadcast)  and (Ethics in Television Advertising) (hereinafter-the Rules).

The petitioner contested this refusal in the High Court of Justice, …

Introductory Note To The Agreement Between The Republic Of Poland And The United States Of America Concerning The Deployment Of Ground-Based Ballistic Missile Defense Interceptors In The Territory Of The Republic Of Poland, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Introductory Note To The Agreement Between The Republic Of Poland And The United States Of America Concerning The Deployment Of Ground-Based Ballistic Missile Defense Interceptors In The Territory Of The Republic Of Poland, David Fidler

Articles by Maurer Faculty

No abstract provided.

The Jews And Ius Commune, Kenneth Stow

Early Modern Workshop: Resources in Jewish History

From the sixteenth through eighteenth centuries, there was a gradually increasing integration of Jews into systems of ius commune, loosely, the law of the land, but actually a legal tradition based on Roman law, which subsumed local law, usually called ius proprium. The integration might be purely theoretical or in fact, as certainly occurred in the papal state and it seems elsewhere in Italy, too. This legal integration prepared the way for the major legal upheaval worked by the French Revolution. The implications are many. The details mostly unresearched. The Tractatus de Iudaeis of Giuseppe Sessa (Turin, 1713) is the …

Trying Issues: Polish-Lithuanian Jews Under Multiple Jurisdictions, Adam Teller

Early Modern Workshop: Resources in Jewish History

The texts presented here highlight issues of multiple jurisdiction Jews were subjected to in early modern Poland-Lithuania

This presentation is for the following text(s):

• Privilege for the Jews of Lwów (1692)
• Privilege for the Jews of the Przemyśl Region and Rus' (1660)

Jews At The Court Of The Kadi, Yaron Ben-Naeh

Early Modern Workshop: Resources in Jewish History

One of the most astonishing phenomena of Jewish life in the Ottoman state is the widespread appeal to the kadi's court - a muslim court. I intend to describe the frequency of this norm, against explicit regulations, and explain the motivation to use the kadi's services, as well as the reasons for the ban against it. I shall conclude with the social and cultural significance of this practice.

This presentation is for the following text(s):

• Mordechai Halevi, Darkei Noam (Pleasant Ways) (Venice, 1697)
• The court records of istanbul/ Istanbul sher'iyye sijilleri (1662)

August 19, 2008: Rick Warren And Religious Tests, Bruce Ledewitz

Hallowed Secularism

Blog post, “Rick Warren and Religious Tests“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Under Imperial Protection? Jewish Presence On The Imperial Aulic Court In The 16th And 17th Centuries, Barbara Staudinger

Early Modern Workshop: Resources in Jewish History

From the middle ages on Jewish life in the holy roman empire was characterized by their egal status as servants of the imperial chamber (servi camerae, Kammerknechte). Paying taxes to the imperial chamber, the Jews stood under special protection of the Emperor. The so-called Speyrer Jew Privilege (1544) stated the legal framework of the Jewish community of the Empire, prohibiting expulsion, and „unjustified“ acusations of ritual murder and securing undisturbed religious practice, and imperial conduct and protection. But what was this privilege along with other privileges from indiviuals worth in reality? Based on two cases from the Imperial Aulic Court …