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2008

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Full-Text Articles in Law

How To Repair Unconscionable Contracts, Omri Ben-Shahar Jul 2008

How To Repair Unconscionable Contracts, Omri Ben-Shahar

Coase-Sandor Institute for Law & Economics Research Paper Series

Several doctrines of contract law allow courts to strike down excessively one-sided terms. A large literature explored which terms should be viewed as excessive, but a related question is often ignored—what provision should replace the vacated excessive term? This paper begins by suggesting that there are three competing criteria for a replacement provision: (1) the most reasonable term; (2) a punitive term, strongly unfavorable to the overreaching party; and (3) the maximally tolerable term. The paper explores in depth the third criterion—the maximally tolerable term—under which the excessive term is reduced merely to the highest level that the law considers …


Taming The Paper Tiger: A Comparative Approach To Reforming Japanese Gender Equality Laws, Kristina T. Geraghty Jul 2008

Taming The Paper Tiger: A Comparative Approach To Reforming Japanese Gender Equality Laws, Kristina T. Geraghty

Cornell International Law Journal

No abstract provided.


Due Process For The Global Crime Age: A Proposal, L. Song Richardson Jul 2008

Due Process For The Global Crime Age: A Proposal, L. Song Richardson

Cornell International Law Journal

No abstract provided.


Corporate Corruption And Reform Undertakings: A New Approach To An Old Problem, David Hess, Cristie L. Ford Jul 2008

Corporate Corruption And Reform Undertakings: A New Approach To An Old Problem, David Hess, Cristie L. Ford

Cornell International Law Journal

No abstract provided.


I Have A Secret? Applying The Uniform Trade Secrets Act To Confidential Information That Does Not Rise To The Level Of Trade Secret Status, Julie Piper Jul 2008

I Have A Secret? Applying The Uniform Trade Secrets Act To Confidential Information That Does Not Rise To The Level Of Trade Secret Status, Julie Piper

Marquette Intellectual Property Law Review

A trade secret is valuable information, such as a formula, a device, or a client list, that is essential to the survival of a business. State law governs trade secrets; however, the Uniform Trade Secrets Act was established to be a unified guide to assist states in protecting such secrets. Even though the UTSA's definition is broad, the Act does not provide protection for certain confidential information that does not qualify as a trade secret. Such information is still crucial to the survival and the carrying on of a business. This article explores the importance of creating a system that …


Patents And Traditional Medicine: Digital Capture, Creative Legal Interventions And The Dialectics Of Knowledge Transformation, Chidi Oguamanam Jul 2008

Patents And Traditional Medicine: Digital Capture, Creative Legal Interventions And The Dialectics Of Knowledge Transformation, Chidi Oguamanam

Indiana Journal of Global Legal Studies

This article examines the debate over the exclusion of indigenous or local knowledge forms from the global intellectual property system, and some of the current attempts to solve this problem. Using the lens of cultural cosmopolitanism, the article highlights important trends in the dialectics of developing countries' engagement with intellectual property and other collateral knowledge protection systems. The three sites at which this significant development is unfolding are: (1) the digitization of traditional medicinal knowledge through India's traditional knowledge digital library (TKDL) project; (2) a recent attempt at incorporating innovations in Chinese Herbal Medicine (CHM) in Taiwanese patent law; and …


Filling Gaps Left By Congress Or Violating Federal Rights: An Analysis Of Local Ordinances Restricting Undocumented Immigrants' Access To Housing, Clifton R. Gruhn Jul 2008

Filling Gaps Left By Congress Or Violating Federal Rights: An Analysis Of Local Ordinances Restricting Undocumented Immigrants' Access To Housing, Clifton R. Gruhn

University of Miami Inter-American Law Review

No abstract provided.


Oil And Remittances In The Middle East, Azza El-Sharabassy Jul 2008

Oil And Remittances In The Middle East, Azza El-Sharabassy

Graduate Program in International Studies Theses & Dissertations

This dissertation constructs a framework for understanding the determinants of remittances. It develops the effects of multiple macro economic variables in one area in the Middle East on the remittances flows and the future development of (another Arab neighboring country) Egypt. The framework will explore the relationship between oil prices and remittances from oil based economies (mainly Saudi-Arabia, Kuwait and the Arab Emirates) to a labor exporting country (Egypt). It also highlights the impact of multiple variables affecting the flow of remittances from labor exporting Arab countries: (1) Prices of oil. (2) Oil revenues. (3) Differentials in deposit interest rate …


Eyewitness Identification Reform In Massachusetts, Stanley Z. Fisher Jul 2008

Eyewitness Identification Reform In Massachusetts, Stanley Z. Fisher

Faculty Scholarship

This article traces the impact of the new scientific learning upon police eyewitness identification procedures in the Commonwealth of Massachusetts. Over the past 25 years, experimental psychologists have devised more reliable techniques for gathering eyewitness identification evidence than have been traditionally used by police. Massachusetts has over 350 autonomous municipal police departments, plus approximately 39 college campus police departments, the state police, and the MBTA (transit) Police Department. The decision how to investigate crime rests principally with the police chief responsible for each department. How does such a system of policing absorb new, scientifically superior methods of investigation?


"Other Worlds Are Actual": Tully On The Imperial Roles Of Modern Constitutional Democracy, Michael Simpson Jul 2008

"Other Worlds Are Actual": Tully On The Imperial Roles Of Modern Constitutional Democracy, Michael Simpson

Osgoode Hall Law Journal

The globalization of modern legal and economic practices has not ushered in a state of perpetual peace as Kantians have famously predicted. Rather, it has reinforced the perpetual crises and violence that is today's realm of the political. This article examines James Tully's claim that the formalization of diverse legal traditions into the modular confines of modern constitutions, as nation-states and international taw, is a project of today's imperial hegemony. The global imperialism of modern constitutionalism is one that suppresses the vast multiplicity of existing legal pluralities and, consequently, fuels war and aggression, not perpetual peace. Tully's important analysis of …


Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz Jul 2008

Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz

Articles

The article advocates for reclassifying immigration removal proceedings, distinguishing between exclusion and expulsion. It argues that while exclusion should remain a civil process, expulsion, particularly for lawful permanent residents, should be treated as a criminal matter due to its punitive nature and severe consequences. This bifurcated approach aims to align legal procedures with the reality of the impact on individuals and ensure constitutional protections.


Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker Jul 2008

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

University of Miami Inter-American Law Review

No abstract provided.


The Failed Invigoration Of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, And Lawlessness In Argentine History, Mugambi Jouet Jul 2008

The Failed Invigoration Of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, And Lawlessness In Argentine History, Mugambi Jouet

University of Miami Inter-American Law Review

No abstract provided.


Condominium Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels Jul 2008

Condominium Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels

Articles

No abstract provided.


Time For Singapore To Relook Abortion Law, Seow Hon Tan Jul 2008

Time For Singapore To Relook Abortion Law, Seow Hon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.


Taxes And The Success Of Non-Tax Market-Based Environmental Regulatory Regimes, Jonathan Remy Nash Jul 2008

Taxes And The Success Of Non-Tax Market-Based Environmental Regulatory Regimes, Jonathan Remy Nash

Public Law and Legal Theory Working Papers

No abstract provided.


Which States Enter Into Treaties, And Why?, Eric A. Posner, Thomas J. Miles Jul 2008

Which States Enter Into Treaties, And Why?, Eric A. Posner, Thomas J. Miles

Public Law and Legal Theory Working Papers

Treaties are the primary source of international law. But little is known about which countries enter into treaties, which forms the treaties take, and which subjects they address. We present an exploratory analysis of a unique dataset of roughly 50,000 treaties ratified since 1946. We hypothesize that states enter treaties in order to obtain public goods but that the transaction costs of negotiating and enforcing treaties also limit the value of treaties. Simple predictions are that larger and richer states should benefit more from cooperation: therefore, they should be parties to more treaties. Older, less corrupt, and (again) larger states …


Erga Omnes Norms, Institutionalization, And Constitutionalism In International Law, Eric A. Posner Jul 2008

Erga Omnes Norms, Institutionalization, And Constitutionalism In International Law, Eric A. Posner

Public Law and Legal Theory Working Papers

Erga omnes norms are those that give third-party states, rather than just the victim, legal claims against states that violate them. This paper argues that ordinary two party norms arise when states recognize that a norm violation injures only one state and that other states that seek to retaliate on that state’s behalf are likely using the violation as a pretext for predatory behavior. Erga omnes norms arise when states recognize that a norm violation injures multiple states and that states have an incentive to free ride rather than retaliate against the violator. Erga omnes norms reduce the incentive to …


Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young Jul 2008

Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young

Publications

No abstract provided.


Congressional Concerns Related To The Energy-Water Nexus, Erik Webb Jul 2008

Congressional Concerns Related To The Energy-Water Nexus, Erik Webb

Publications

No abstract provided.


Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker Jul 2008

Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker

Publications

No abstract provided.


The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law Jul 2008

The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Secondary Damages In Interstate Water Compact Litigation, David B. Willis, Joel R. Hamilton, M. Henry Robison, Norman K. Whittlesey, John B. Draper Jul 2008

Secondary Damages In Interstate Water Compact Litigation, David B. Willis, Joel R. Hamilton, M. Henry Robison, Norman K. Whittlesey, John B. Draper

Natural Resources Journal

No abstract provided.


Is Your Client Prejudiced? Litigating Ineffective-Assistance-Of-Counsel Claims In Immigration Matters Arising In The Eleventh Circuit, Michael S. Vastine Jul 2008

Is Your Client Prejudiced? Litigating Ineffective-Assistance-Of-Counsel Claims In Immigration Matters Arising In The Eleventh Circuit, Michael S. Vastine

University of Miami Law Review

No abstract provided.


Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless Jul 2008

Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless

University of Miami Law Review

No abstract provided.


Keeping It Real: Judicial Review Of Asylum Credibility Determinations In The Eleventh Circuit After The Real Id Act, Tania Galloni Jul 2008

Keeping It Real: Judicial Review Of Asylum Credibility Determinations In The Eleventh Circuit After The Real Id Act, Tania Galloni

University of Miami Law Review

No abstract provided.


Appellate Discretion And Sentencing After Booker, Lindsay C. Harrison Jul 2008

Appellate Discretion And Sentencing After Booker, Lindsay C. Harrison

University of Miami Law Review

No abstract provided.


Eleventh Circuit Treatment Of Certification Of Collective Actions Under The Fair Labor Standards Act: A Remedial Statute Without A Remedy?, Kristin M. Stastny Jul 2008

Eleventh Circuit Treatment Of Certification Of Collective Actions Under The Fair Labor Standards Act: A Remedial Statute Without A Remedy?, Kristin M. Stastny

University of Miami Law Review

No abstract provided.


The University Of Michigan Law School Report Of Giving, July 1, 2007 - June 30, 2008, University Of Michigan Law School Jun 2008

The University Of Michigan Law School Report Of Giving, July 1, 2007 - June 30, 2008, University Of Michigan Law School

Miscellaneous Law School History & Publications

An annual report of giving from the members of the University of Michigan Law School community.


California Commission On The Fair Administration Of Justice Final Report, California Commission On The Fair Administration Of Justice Jun 2008

California Commission On The Fair Administration Of Justice Final Report, California Commission On The Fair Administration Of Justice

Northern California Innocence Project Publications

The California Commission on the Fair Administration of Justice was created by the California State Senate in 2004 to “study and review the administration of criminal justice in California, to determine the extent to which that process has failed in the past” and to examine safeguards and improvements. The Commission completed its work on June 30, 2008 in Sacramento by delivering a report on the fair administration of the death penalty in California to the Legislature and the Governor.