Law Commons^™

Labour Protests: Bringing The Courtroom Into The Streets Of Southern China, Knowledge@Smu

Knowledge@SMU

Demonstrations can be a loud, disruptive, and sometimes destructive form of expression. Aside from provoking attention, most demonstrations fail to yield effective outcomes. In Southern China, the growing instances of labour protests have sparked governmental concerns. Though demonstrations are unlawful in the country, the Chinese government has resisted complete repression. Instead, they have been known to assist the protestors by facilitating favourable outcomes. This is referred to as a “street as a courtroom” phenomenon. Law professor Xin (Frank) He from the City University of Hong Kong explains this anomaly.

Trustworthiness As A Limitation On Network Neutrality, Aaron J. Burstein, Fred B. Schneider

Federal Communications Law Journal

The policy debate over how to govern access to broadband networks has largely ignored the objective of network trustworthiness-a set of properties (including security, survivability, and safety) that guarantee expected behavior. Instead, the terms of the network access debate have focused on whether imposing a nondiscrimination or "network neutrality" obligation on network providers is justified by the condition of competition among last-mile providers. Rules proposed by scholars and policymakers would allow network providers to deviate from network neutrality to protect network trustworthiness, but none of these proposals has explored the implications of such exceptions for either neutrality or trustworthiness.

This …

Unh Law Alumni Magazine, Summer 2009, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Art Deaccessions And The Limits Of Fiduciary Duty, Sue Chen

Duke Law Student Papers Series

Art deaccessions prompt lawsuits against museums, and some commentators advocate using the stricter trust standard of care, instead of the prevailing corporate standard (business judgment rule), to evaluate the conduct of non‑profit museum boards. This Article explores the consequences of adopting the trust standard by applying it to previously unavailable deaccession policies of prominent art museums. It finds that so long as museum boards adhere to these policies, their decisions would satisfy the trust standard. This outcome illustrates an important limitation of fiduciary law: the trust standard evaluates procedural care but cannot assess deaccessions on their merits. Yet this limitation, …

The Year In Review 2008: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, The United States Supreme Court, And The United States Court Of Appeals For The Ninth Circuit

Alaska Law Review Year in Review

No abstract provided.

The God Paradox, Joshua A.T. Fairfield

Scholarly Articles

Not available.

Judging Jena's Da: The Prosecutor And Racial Esteem, Andrew E. Taslitz

School of Law Faculty Publications

In the Jena 6 case, six African-American high school students were arrested for assault charges allegedly arising out of a series of confrontations between black and white students stemming from a black student's sitting under the "white tree" on school grounds. The Jena prosecutor successfully arranged for one of the Jena 6 to be tried as an adult, where he was convicted and exposed to the potential of a very harsh sentence. The prosecutor did not, however, proceed, or not proceed as harshly, against several white students who were purportedly involved in violence or threats of violence against black students. …

State Constitutional Limits On New Hampshire‘S Taxing Power: Historical Development And Modern State, Marcus Hurn

Law Faculty Scholarship

The New Hampshire Constitution is, in most of its fundamental parts, very old. It is long (nearly 200 articles) and wordy, even by the standards of the eighteenth century. It expresses essential principles in more than one place, in more than one way, and in language that to modem eyes is more suited to political philosophy than to positive law. Most of it was copied from the original Massachusetts Constitution, itself based on a draft by John Adams. However, there is no other state in the union with a structure of taxing powers and limits comparable to New Hampshire's.

Torch (June 2009), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Political Participation: Influences And Implications, Knowledge@Smu

Knowledge@SMU

Education has always been viewed as a predictor of a nation’s level of political participation. The levels of political activity in Latin America and East Asia, however, disprove this belief. SMU economics professor Davin Chor and Harvard public policy professor Filipe R. Campante attempt alternative explanations from an economic perspective. In the paper, “Schooling, Political Participation, and the Economy”, factors such as resources and human capital were examined.

Does The Rule Of Reason Violate The Rule Of Law?, Maurice Stucke

Scholarly Works

In the past few years, the Supreme Court has been more active in deciding antitrust issues. The Court's choice of legal standards affects future market behavior and the incentives for individuals and organizations to engage in productive activity. Despite its increased activity, the Court never assesses the deficiencies of its rule-of-reason standard under rule-of-law principles. This assessment is critical. This article analyzes the standard's significant deficiencies, and how these deficiencies adversely affect antitrust enforcement and competition policy generally. Perfect compliance with rule-of-law ideals, however, may be unobtainable and undesirable, so the Article recommends several improvements to reorient the rule of …

Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Glenn Reynolds, Brannon Denning

College of Law Faculty Scholarship

This paper examines the post-Heller Second Amendment case law in the lower courts and concludes that although federal courts are not rushing to overturn gun laws under the Second Amendment, they are moving more rapidly to implement Heller than under previous 'revolutionary' decisions such as U.S. v. Lopez. There is also some evidence that state courts are taking the right to arms more seriously, with the additional possibility that the new federal right to arms may boost interest in the numerous state right-to-arms provisions. Finally, by characterizing gun ownership as a protected individual right, Heller has served to 'renormalize' firearms …

Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Glenn Harlan Reynolds

Scholarly Works

This paper examines the post-Heller Second Amendment case law in the lower courts and concludes that although federal courts are not rushing to overturn gun laws under the Second Amendment, they are moving more rapidly to implement Heller than under previous 'revolutionary' decisions such as U.S. v. Lopez. There is also some evidence that state courts are taking the right to arms more seriously, with the additional possibility that the new federal right to arms may boost interest in the numerous state right-to-arms provisions. Finally, by characterizing gun ownership as a protected individual right, Heller has served to 'renormalize' firearms …

The New Black: Trademark Protection For Color Marks In The Fashion Industry, Sunila Sreepada

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Clean Water Initiatives And The Proper Balance Between The Right To Ballot Initiatives And The Prohibition On Appropriations, Timothy J. Mullins

Alaska Law Review

No abstract provided.

From Dependence To Global Integration For Development: A Case Study Of Vietnam—From 1975 To Present, Phong Thanh Dang

Electronic Theses and Dissertations

This study examines the process of Vietnam's global integration for development in order to conclude that Vietnam has been able to achieve economic development and human development by joining regional and global institutions and working closely with multilateral international development agencies.

With proper literature reviews of economic theories and empirical studies, this study determines that Vietnam was able to graduate from dependence on the former Soviet Union and achieved economic development and human development.

This study determines that Vietnam has become one of the best-performing developing economies in the world. The Vietnamese people's standard of living has improved significantly. The …

Corruption In Our Courts: What It Looks Like And Where It Is Hidden, Stratos Pahis

Faculty Scholarship

No abstract provided.

Panel I: Cross-Licensing And Injunctions -- The Interplay Between Big Business, Small Business, And Non-Practicing Inventors, Katherine Strandburg, Lisa M. Ferri, John M. Griem, Jonathan Putnam

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

An Information Theory Of Willful Breach, Omri Ben-Shahar, Oren Bar-Gill

Articles

Should willful breach be sanctioned more severely than inadvertent breach? Strikingly, there is sharp disagreement on this matter within American legal doctrine, in legal theory, and in comparative law. Within law-and-economics, the standard answer is "no"-breach should be subject to strict liability. Fault should not raise the magnitude of liability in the same way that no fault does not immune the breaching party from liability. In this paper, we develop an alternative law-and-economics account, which justifies supercompensatory damages for willful breach. Willful breach, we argue, reveals information about the "true nature" of the breaching party-that he is more likely than …

Fault In American Contract Law, Omri Ben-Shahar, Ariel Porat

Articles

No abstract provided.

Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin

The University of New Hampshire Law Review

[Excerpt] “Colleges and universities have long been scrutinized and confronted with lawsuits regarding safety and security measures designed and implemented to protect students and prevent dangerous incidents on campus. Under the doctrine of in loco parentis, college administrators assume responsibility for the physical safety and well-being of students as they matriculate through their academic programs. However, in recent decades, the realization that university communities are not immune to criminal activity has led to federal legislation and judicial opinions that have attempted to identify what legal duty colleges and universities have to prevent security breaches. Moreover, college and university administrators have …

Table Of Contents, Volume 5, Number 3, 2007, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Five, Issue Number Three.

Minority Shareholders And Direct Suits In Closely Held Corporations Where Derivative Suits Are Impractical: Durham V. Durham, Jason M. Tanguay

The University of New Hampshire Law Review

[Excerpt] “Suppose A, B, and C are the sole shareholders and directors of a corporation. A and B have used corporate funds for their own personal use and such use has depleted the corporation’s assets. C now wishes to commence a legal proceeding to recover the damages. Should C be forced to recover through a derivative suit brought on behalf of the corporation just because the depletion of the corporate assets affected all of the shareholders and not just C? Not necessarily.

In Durham v. Durham, the Supreme Court of New Hampshire permitted a minority shareholder, in a closely held …

Table Of Contents, Volume 7, Number 3, 2009, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Seven, Issue Number Three.

First Amendment, Second Fiddle? Free Speech In New Hampshire‘S Constitution, Adam Rick

The University of New Hampshire Law Review

[Excerpt] “A car dealer in Concord, New Hampshire recently challenged the city zoning board‘s denial of its application to replace its existing readerboard (with manually changeable letters) with an electronic sign. The dealer argued that the city‘s zoning ordinance, prohibiting “[s]igns which move or create an illusion of movement except those parts which solely indicate date, time, or temperature,” constituted an unconstitutional restriction on free speech under the First Amendment. The trial court agreed, but the New Hampshire Supreme Court reversed, applying the Central Hudson test and finding that the ordinance reached no “broader than necessary to meet and advance …

State Constitutional Limits On New Hampshire's Taxing Power: Historical Development And Modern State, Marcus Hurn

The University of New Hampshire Law Review

[Excerpt] "The New Hampshire Constitution is, in most of its fundamental parts, very old. It is long (nearly 200 articles) and wordy, even by the standards of the eighteenth century. It expresses essential principles in more than one place, in more than one way, and in language that to modern eyes is more suited to political philosophy than to positive law. Most of it was copied from the original Massachusetts Constitution, itself based on a draft by John Adams. However, there is no other state in the union with a structure of taxing powers and limits comparable to New Hampshire‘s."

Self-Assessment/Planning Tool For Implementing Recovery-Oriented Mental Health Services (Sapt), James Winarski, Michael G. Dow, Patrick Hendry, Patricia Robison, Roger H. Peters

Mental Health Law & Policy Faculty Publications

No abstract provided.

Fighting For Human Rights: The Application Of Human Rights Treaties To United States' Military Operations, Patrick Walsh

Penn State International Law Review (1982 - 2011)

No abstract provided.

Reforming The Global Financial Architecture: Is Real Change Coming?, Daniel Bradlow

Working Papers

This article evaluates the prospects for meaningful reform of the global financial architecture. It begins by looking at the most significant problems with the current architecture. Thereafter it classifies the current reform efforts into three areas -- reforms that in fact have been implemented, reforms that have been proposed but not yet implemented, and reforms that are only under discussion. The paper then evaluates the adequacy of these reform efforts and makes some brief proposals for future reform efforts.

No Reason To Wait: Reducing Greenhouse Gas Emissions Through The Clean Air Act, William Snape

Newsletters & Other Publications

In the United States, the legal and policy response to global warming has always lagged far behind the urgency of the problem as articulated by scientists and borne out in the real world. In the past five years, this mismatch has reached frightening proportions, with Arctic sea ice and glaciers rapidly retreating, rising and acidifying seas, stronger storms, more frequent and intense droughts and heat waves, looming species extinction and the climate related-deaths of 300,000 people each year. Leading scientists warn that atmospheric carbon dioxide levels have likely already exceeded safe levels and must therefore be reduced in the next …