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Full-Text Articles in Law
Disclosure, Endorsement, And Identity In Social Marketing, William Mcgeveran
Disclosure, Endorsement, And Identity In Social Marketing, William Mcgeveran
Articles
Social marketing is among the newest advertising trends now emerging on the internet. Using online social networks such as Facebook or MySpace, marketers can send personalized promotional messages featuring an ordinary customer to that customer's friends. Because they reveal a customer's browsing and buying patterns, and because they feature implied endorsements, the messages raise significant concerns about disclosure of personal matters, information quality, and individuals' ability to control the commercial exploitation of their identity. Yet social marketing falls through the cracks between several different legal paradigms that might allow its regulation-spanning from privacy to trademark and unfair competition to consumer …
Self-Defeating Subsidiarity, Francesco Parisi, Emanuela Carbonara, Barbara Luppi
Self-Defeating Subsidiarity, Francesco Parisi, Emanuela Carbonara, Barbara Luppi
Articles
In this paper we analyze the factors that should be considered when allocating a given policy function at a particular level of government and how these factors affect the growth and evolution of multi-level governments. After discussing the interplay of economies of scale, economies of scope, and heterogeneity of preferences in determining the optimal level of legal intervention, we show that the subsidiarity principle can have mixed effects as a firewall against progressive centralization. Our economic model of subsidiarity reveals that once some functions become centralized, further centralization becomes easier and often unavoidable. Contrary to its intended function, a piecemeal …
Stability And Change In International Customary Law, Vincy Fon, Francesco Parisi
Stability And Change In International Customary Law, Vincy Fon, Francesco Parisi
Articles
No abstract provided.
Coordinating Cross-Border Bankruptcy: How Territorialism Saves Universalism, Edward Adams, Jason Fincke
Coordinating Cross-Border Bankruptcy: How Territorialism Saves Universalism, Edward Adams, Jason Fincke
Articles
This article explores the difficulties of coordinating cross-border bankruptcies. These difficulties arise from the lack of a binding set of uniform international rules, forcing multinational businesses to look to domestic laws for guidance. The problem is that without coordinated, concurrent insolvency proceedings, an effective reorganization of a multinational corporation is impossible because a multitude of separate judgments ultimately leads to the dismemberment of a debtor's estate.To address this challenge, an increasing number of countries – including the United States and several European countries such as Germany, Poland, Romania, Spain, and the United Kingdom – have enacted a Model Law on …
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth Okediji
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth Okediji
Articles
The WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (WIPO Internet Treaties) recite a need for a digital copyright framework to facilitate 'adequate solutions to questions raised by new economic, social, cultural and technological developments.' It can hardly be contested that the social and cultural developments to which the Treaties refer do not derive from the cultural or economic conditions (much less technological developments) of the developing and least-developed countries. Consistent with their predecessors, the WIPO Internet Treaties marginalize collaborative forms of creative engagement with which citizens in the global South have long identified and continue in the …
A Missed Opportunity: Minnesota's Failed Experiment With Choice-Based Integration, Margaret Hobday, Geneva Finn, Myron Orfield
A Missed Opportunity: Minnesota's Failed Experiment With Choice-Based Integration, Margaret Hobday, Geneva Finn, Myron Orfield
Articles
No abstract provided.
Punitive Damages After Exxon Shipping Company V. Baker: The Quest For Predictability And The Role Of Juries, Alexandra Klass
Punitive Damages After Exxon Shipping Company V. Baker: The Quest For Predictability And The Role Of Juries, Alexandra Klass
Articles
This Symposium Essay considers the impact of the Supreme Court’s 2008 decision in Exxon Shipping Company v. Baker on the ability of juries to award punitive damages in a manner that comports with the law. In that case, the Court continued its two-decade crusade to place federal limits on punitive damages awards. The Exxon case was a federal maritime case arising out of the 1989 grounding of the Exxon Valdez in Prince William Sound, Alaska, resulting in arguably the biggest environmental disaster in U.S. history. In its decision, the Court for the first time identified “unpredictability” as the fundamental problem …
The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox
The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox
Articles
No abstract provided.