Law Commons^™

The Significance Of Sprint/United Management Company V. Mendelsohn: A Reply To Professors Gregory And Secunda, Mitchell H. Rubinstein

NULR Online

No abstract provided.

July 9, 2008: Gender And Religion, Bruce Ledewitz

Hallowed Secularism

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

When Life Depends On It: Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Sean O'Brien

Faculty Works

The Supplementary Guidelines for the Mitigation Function of Capital Defense Teams are the culmination of three years of work coordinated by the Public Interest Litigation Clinic (PILC) and the University of Missouri-Kansas City School of Law in cooperation with seasoned capital litigators and mitigation specialists across the United States. This article describes the Supplementary Guidelines and the process by which they were researched and developed. Part I describes the Supplementary Guidelines and the process by which they were researched and developed. Part II describes the reasons for undertaking this project. Part III describes the process of investigating, researching and drafting …

Sprint/United Management Company V. Mendelsohn And Case-By-Case Adjudication Of "Me Too" Evidence Of Discrimination, David Gregory

NULR Online

No abstract provided.

July 6, 2008: For The Establishment Of Religion: Where Are We Now?, Bruce Ledewitz

Hallowed Secularism

Blog post, “For the Establishment of Religion: Where Are We Now?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

An Overview Of Brazilian Corporate Governance, Bernard S. Black, Antonio Gledson De Carvalho, Érica Gorga

Cornell Law Faculty Publications

We provide the first detailed picture of firm-level corporate governance practices in an emerging market. We report on the corporate governance practices of Brazilian public companies, based primarily on an extensive 2005 survey of 116 companies. Most firms have a controlling shareholder or group. Board independence is an area of weakness. The boards of most Brazilian private firms are comprised entirely or almost entirely of insiders or representatives of the controlling family or group. Many firms have no independent directors. Financial disclosure is a second area of weakness. Only a minority of firms provide a statement of cash flows or …

July 3, 2008: Having It Both Ways On Faith-Based Providers, Bruce Ledewitz

Hallowed Secularism

Blog post, “Having it Both Ways on Faith-Based Providers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Vol. Vi, Tab 38 - Ex. 39 - Email From Michael Wu, Michael Wu

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Water Security, Fear Mitigation And International Water Law (Symposium), A. Dan Tarlock

All Faculty Scholarship

Water lawyers, courts, and others in the water community are fond of quoting the quip attributed to Mark Twain, "whiskey is for drinking and water is for fighting over." Not only is there no evidence that Twain ever uttered these words, but the quote has taken on a life of its own which grossly distorts the nature of water competition disputes, especially state to state competition. Both whiskey and water are for human benefit and exist in sufficient quantities throughout the world to satisfy present and future demand. Meeting these demands will be challenging because water must be managed to …

Arbitration's Summer Soldiers: An Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin

Cornell Law Faculty Publications

We provide the first study of varying use of arbitration clauses across contracts within the same firms. Using a sample of 26 consumer contracts and 164 nonconsumer contracts from large public corporations, we compared arbitration clause use in consumer contracts with their use in the same firms' nonconsumer contracts. Over three-quarters of the consumer agreements provided for mandatory arbitration but less than 10% of the firms' material nonconsumer, nonemployment contracts included arbitration clauses. The absence of arbitration provisions in nearly all material contracts suggests that, ex ante, many firms value, even prefer, litigation over arbitration to resolve disputes with peers. …

Mid-Atlantic Ethics Committee Newsletter, Summer 2008

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Book Review: Anna-Katharina Hornidge Compares Singapore And Germany In “The Knowledge Society”, Knowledge@Smu

Knowledge@SMU

An international think tank at the forefront of critical reflections about the rise of knowledge is the research group on Culture, Knowledge and Development at the Centre for Development Policy (ZEF), University of Bonn, Germany. Anna-Katharina Hornidge is senior researcher at ZEF. Her book, The Knowledge Society -- Vision and Social Construction of Reality in Germany and Singapore, edited by Solvay Gerke and Hans-Dieter Evers and published in 2007, is reviewed by Thomas Menkhoff, professor of organisational behaviour at the Lee Kong Chian School of Business, Singapore Management University.

Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan D. Franck

Scholarly Articles

While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …

Law Library Annual Report 2007-2008, Georgia State University Law Library

Law Library Annual Reports

No abstract provided.

Cultural Conflicts, Annelise Riles

Cornell Law Faculty Publications

This article builds upon insights from contemporary anthropology to rethink the field of conflicts as a matter of cultural conflict. This approach shifts the analysis away from the dominant approaches in the discipline, which take as their primary metric either questions of state power or of individual rights. Drawing on a case of conflict between Native American legal norms and U.S. state and federal law, this article argues for a conflicts methodology that takes seriously the role of cultural description in the process of cultural adjudication. To do so, in turn will require us to adopt a more sophisticated, flexible, …

July 1, 2008: The Secularist's Prayer, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Secularist's Prayer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Environmental Law At Maryland, No. 26, Summer-Fall 2008

Environmental Law at Maryland

No abstract provided.

Vol. 25, No. 3, Susan J. Willenborg

The Illinois Public Employee Relations Report

Contents:

Labor Relations Issues in the Public Sector Electronic Workplace, by Susan J. Willenborg

Recent Developments

Further References, compiled by Yoo-Seong Song

Cees Newsletter, No. 7, July 2008, University Of Colorado Boulder. Center For Energy & Environmental Security

CEES: The Center for Energy & Environmental Security [Newsletter] (2008)

No abstract provided.

Short Term Time Off: What We Know, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Short Term Time Off (STO) refers to job-protected time away from the workplace to address anticipated or unexpected needs of limited duration. STO may be scheduled or unscheduled, depending on the underlying need. STO enables workers to address both the routine and emergency situations that occur in everyday life.

The need for STO may arise, for example, because a worker or worker’s child is sick or has a routine doctor’s appointment, because a worker has to wait for the plumber or apply for public benefits or go to court, or because a worker needs to attend a school conference or …

Can Poverty Maps Direct Development Aid More Effectively To The Neediest?, Knowledge@Smu

Knowledge@SMU

Developing countries face many difficulties with targeting poverty alleviation programs towards people who need help the most. Often, detailed and accurate information is not readily available, and governments could end up in a double-bind -- distributing resources to individuals not in urgent need of assistance while excluding the poorest of the poor. Singapore Management University economics professor Tomoko Fujii was one of five international researchers who concluded that using ‘poverty maps’ combined with fine geographic targeting can deliver promising results.

Public Law, Private Law, And Legal Science, Chaim Saiman

Working Paper Series

This essay explores the historical and conceptual connections between private law and nineteenth century classical legal science from the perspective of German, American, and Jewish law. In each context, legal science flourished when scholars examined the confined doctrines traditional to private law, but fell apart when applied to public, administrative and regulatory law. Moving to the contemporary context, while traditional private law scholarship retains a prominent position in German law and academia, American law has increasingly shifted its focus from the language of substantive private law to a legal regime centered on public and procedural law. The essay concludes by …

Second Panel: Labor Markets, Income Inequality And Globalization, Fran Ansley

Scholarly Works

No abstract provided.

Better Competition Advocacy, Maurice Stucke

Scholarly Works

Today's competition advocacy censures governmental restraints that diminish competition. But such advocacy glosses over four fundamental questions: First, what is competition? Second, what are the goals of a competition policy? Third, how does one achieve, if one can, the objectives of such desired competition? Fourth, how does one know if the economy is progressing toward these goals? This Article outlines the conventional wisdom underlying today's competition advocacy. It examines what is meant by competition, and what is being valued. It examines the goals of competition, as expressed by various governmental agencies, and the structural mechanisms that the government can provide …

The Odyssey Of Cass Sunstein, James E. Fleming

Tulsa Law Review

No abstract provided.

Means And Ends In Politics And Law: An Essay In Honor Of Cass Sunstein, Richard H. Pildes

Tulsa Law Review

No abstract provided.

Sunstein And Brandeis: The Minimalist And The Prophet, Jeffrey Rosen

Tulsa Law Review

No abstract provided.

A New Deal For Civil Liberties: An Essay In Honor Of Cass R. Sunstein, Adrian Vermeule

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Notice And Expectation Under Bounded Uncertainty: Defining Evolving Property Rights Boundaries Through The Public Trust And Takings, Hannah J. Wiseman

Scholarly Publications

No abstract provided.