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2011

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Articles 1 - 30 of 2778

Full-Text Articles in Law

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel Dec 2015

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel

David C. Brown

Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about ...


Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears Dec 2015

Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears

David C. Brown

The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition ...


A Comparative Approach To Coordination: How Apes, Monkeys And Humans Respond To An Assurance Game With Equivalent Procedures, Bart Wilson, Sarah Brosnan Aug 2014

A Comparative Approach To Coordination: How Apes, Monkeys And Humans Respond To An Assurance Game With Equivalent Procedures, Bart Wilson, Sarah Brosnan

Bart J Wilson

Our research directly compares coordinated decision making across the entire primate lineage, including a new-world monkey, an old-world monkey, an ape, and humans, to help understand how decision making is different between these species. We find that the ability to coordinate on a mutually beneficial decision does vary across species, that there is variability within each taxonomic group, and that this variation overlaps between groups. Each species represents a continuum, with pairs of each species ranging from random outcomes to those which coordinate on the payoff dominant outcome. What differs is the frequency of payoff dominant outcomes within each species.


An Experiment On Protecting Intellectual Property, Bart Wilson Aug 2014

An Experiment On Protecting Intellectual Property, Bart Wilson

Bart J Wilson

We conduct a laboratory experiment to explore whether the protection of intellectual property (IP) incentivizes people to create non-rivalrous knowledge goods, foregoing the production of other rivalrous goods. In the contrasting treatment with no IP protection, participants are free to resell and remake non-rivalrous knowledge goods originally created by others. We find that creators reap substantial profits when IP is protected and that rampant pirating is not uncommon when there is no IP protection. But most importantly, we find that IP protection in and of itself is neither necessary nor sufficient for generating wealth from the discovery of knowledge goods.


Horizontal Product Differentiation In Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas Aug 2014

Horizontal Product Differentiation In Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas

Bart J Wilson

We experimentally compare first-price auctions and multilateral negotiations after introducing horizontal product differentiation into a standard procurement setting. Both institutions yield identical surplus for the buyer, a difference from prior findings with homogeneous products that results from differentiation’s influence on sellers’ pricing behavior. The data are consistent with this finding being driven by concessions from low-cost sellers in response to differentiation reducing their likelihood of being the buyer’s surplus-maximizing trading partner. Further analysis shows that introducing product differentiation increases or leaves unchanged the intensity of price competition among sellers, which contrasts with the conventional wisdom that product differentiation ...


Using Experimental Economics To Understand Competition, Bart Wilson Aug 2014

Using Experimental Economics To Understand Competition, Bart Wilson

Bart J Wilson

No abstract provided.


Geography And Social Networks In Nascent Distal Exchange, Bart Wilson, Erik Kimbrough Aug 2014

Geography And Social Networks In Nascent Distal Exchange, Bart Wilson, Erik Kimbrough

Bart J Wilson

No abstract provided.


Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom Oct 2013

Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom

Robert Bloom

No abstract provided.


When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey Oct 2013

When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey

Robert Bloom

The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of ...


The Right To Die: Themes And Variations, Charles Baron Aug 2013

The Right To Die: Themes And Variations, Charles Baron

Charles H. Baron

No abstract provided.


Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan Dec 2011

Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan

Wai Yee WAN

Section 76 of the Companies Act prohibits the giving by a company of financial assistance for the purpose of or in connection with the acquisition of its own shares. This penal provision is highly controversial in view of its breadth and uncertainty in its application. In the recent criminal prosecution of PP v Lew Syn Pau and in the recent civil litigation of Wu Yang Construction Group v Zhejiang Jinyi Group Co, Ltd, the Singapore High Court had to determine the scope of the prohibition under s 76 of the Companies Act. This case comment examines the two Singapore decisions ...


Commentary On Recommendations On Prohibition Of Financial Assistance: A Response To Consultation Paper: Report Of The Steering Committee For Review Of The Companies Act, Wai Yee Wan Dec 2011

Commentary On Recommendations On Prohibition Of Financial Assistance: A Response To Consultation Paper: Report Of The Steering Committee For Review Of The Companies Act, Wai Yee Wan

Wai Yee WAN

This is a commentary on the recommendations on prohibition of financial assistance in the Report of the Steering Committee for Review of the Companies Act


Quem Defende A Constituição?, Paulo Ferreira Da Cunha Dec 2011

Quem Defende A Constituição?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A fase actual de ataque à Constituição parece ser a de legislar sem lhe prestar atenção, esperando que ninguém se lembre que existe, e ninguém levante questões de inconstitucionalidade. 2012 vai ser um ano em que se vão tirar as teimas sobre quem defende e quem não defende a Constituição. Feliz Ano Novo, com controlo da Constitucionalidade!


The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Karolina Mik Dec 2011

The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Karolina Mik

Eliza Mik

The ‘traditional’ classi?cation into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous, the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication process. The latter resembles either dealings face-to-face or dealings at a distance. This simple division should remain the basis for all analyses. Instantaneity and control are two of many characteristics of face-to-face dealings and are not the only factors to be taken into account when making the choice between ...


The Unimportance Of Being "Electronic" Or Popular Misconceptions About “Internet Contracting”, Eliza Mik Dec 2011

The Unimportance Of Being "Electronic" Or Popular Misconceptions About “Internet Contracting”, Eliza Mik

Eliza Mik

Existing e-commerce literature abounds with misconceptions regarding both technology and contract law. Long-standing legal concepts are adorned with “e-” or “cyber-” to appear more exciting. The traditional contractual regime issupplanted with new principles instead of being supplemented with technological considerations. It is one thing, to include technology in legal analyses, it is another to create separate, technology-specific categories. Separate categories justify the departure from traditional principles. Most, if not all, alleged “challenges” created by new communication scenarios fit within the existing legal framework, technological complexity and novelty of the Internet notwithstanding. Most “challenges” are also unrelated to the fact that ...


Special Immigrant Juvenile Status: Problems With Substantive Immigration Law And Guidelines For Improvement, Maria V. Martorell Dec 2011

Special Immigrant Juvenile Status: Problems With Substantive Immigration Law And Guidelines For Improvement, Maria V. Martorell

Maria V Martorell

There is a long-standing tradition in the justice system of recognizing that legal matters involving minors are inherently different, requiring laws to protect children in the courthouse and in society. The juvenile system of justice began in the United States in 1824 and was designed for the benefit of children. The purpose of creating a separate system for juveniles was “(1) to separate children from adult offenders and (2) to rehabilitate” juveniles. Most juvenile courts have exclusive jurisdiction over the majority of cases involving minors, and these are transferred to the adult court system only when it “serve[s] the ...


The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia Dec 2011

The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Research And Resources: Where To Begin Researching Civil Rights Law Dec 2011

Research And Resources: Where To Begin Researching Civil Rights Law

Rebecca A. Mattson

No abstract provided.


Banning Churches From Meeting In New York Public Schools, Neil J. Foster Dec 2011

Banning Churches From Meeting In New York Public Schools, Neil J. Foster

Neil J Foster

Discusses and critiques a recent US court decision upholding the banning of a church meeting in a public school on the weekend.


A Constituição Laboral Em Alto Risco, Paulo Ferreira Da Cunha Dec 2011

A Constituição Laboral Em Alto Risco, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A Constituição labora está a ser vítima de graves ataques. Já quase se pode ler o texto da nossa Constituição como se fora uma utopia de um país distante. Arriscamo-nos, por este caminho, a ter uma constituição nominal ou semântica, não normativa, não efectiva. E contudo ainda existe o texto, ainda existe o princípio da proibição do retrocesso, ainda existe um Tribunal Constitucional.


Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen Dec 2011

Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen

Dan Danielsen

The recent economic crisis has demonstrated with startling clarity the importance of developing a more robust framework for assessing the effects of national rules on global welfare. For more than fifty years, law and economics scholars have examined the effects of domestic legal rules on economic activity and general welfare in the United States. More recently, international law scholars have begun to use economic methods to analyze the international legal order. In this article I survey this evolving body of “international law and economics scholarship” with a view to articulating its principle methodological innovations as well as assessing its contributions ...


Local Rules And A Global Economy: An Economic Policy Perspective, Dan Danielsen Dec 2011

Local Rules And A Global Economy: An Economic Policy Perspective, Dan Danielsen

Dan Danielsen

This article explores the growing significance and theoretical implications of ‘local rules’—such as Chinese labour standards, US financial regulation and Swiss bank secrecy rules—in the global economy. In particular, the argument developed is that Ronald Coase’s framework for analysing the effects of legal rules on economic welfare can help to reveal important weaknesses in current international legal approaches to analysing the transnational impact of local rules as well as contribute to a ‘global economic policy perspective’ better attuned to problems of power in the global regulatory order. Such a perspective will help us to see the effects ...


Between Myths And Reality--Macedonia Between Turkey And The European Union, Marija Đorđeska Dec 2011

Between Myths And Reality--Macedonia Between Turkey And The European Union, Marija Đorđeska

Dr Marija Dordeska

The spirit of Alexander the Great still stirs ghosts between Greece and the Republic of Macedonia. Macedonia is on its way to the EU and Greece represents an obstacle for these processes in the aftermath of the name dispute and the Greek veto on the Macedonian membership in NATO and the European Union. The major asset Greece has in regards to Macedonia is the veto power over the future accession talks Macedonia could have with international organizations, especially with the European Union. Instead of Greece taking Macedonia under its wing, Macedonia continues to be perceived as a threat to Greek ...


On Tax Increase Limitations: Part I - A Costly Incoherence, David Gamage, Darien Shanske Dec 2011

On Tax Increase Limitations: Part I - A Costly Incoherence, David Gamage, Darien Shanske

David Gamage

In this essay, the first of a series, we explore the theoretical implications of one particular type of fiscal limitation on state legislatures - namely, special rules limiting tax increases. In this first essay we will explore the analytic soundness of these tax increase limitations (TILs). In future essays in this series we will analyze some of the consequences of TILs and in particular how they can be 'evaded.' We will argue over the course of this series of essays that because there is no meaningful content to the term 'tax increase' as it is used in TILs, legislative majorities that ...


Don't Tax The Rich, Tax Inequality, Aaron S. Edlin Dec 2011

Don't Tax The Rich, Tax Inequality, Aaron S. Edlin

Aaron Edlin

A Brandeis tax can stop inequality in its tracks.


Two Innovative Practice Prep Exercises, E. Joan Blum Dec 2011

Two Innovative Practice Prep Exercises, E. Joan Blum

E. Joan Blum

No abstract provided.


Ignatian Spirituality And The Life Of The Lawyer: Finding God In All Things – Even In The Ordinary Practice Of The Law, Gregory A. Kalscheur S.J. Dec 2011

Ignatian Spirituality And The Life Of The Lawyer: Finding God In All Things – Even In The Ordinary Practice Of The Law, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

All of us know lawyers who seem unhappy, unfree, directionless, and dis-integrated, who seem to be following paths they haven’t consciously chosen, leading them to places they would never have chosen to go, seemingly locked in lives they haven’t freely chosen to live. Some would characterize this reality as a manifestation of a spiritual crisis, a crisis of meaning and value in the law, rooted in the difficulty lawyers have integrating the practice of the law into the whole of their lives. This article argues that the spirituality flowing from the life of Ignatius of Loyola, the founder ...


Christian Scripture And American Scripture: An Instructive Analogy?, Gregory A. Kalscheur S.J. Dec 2011

Christian Scripture And American Scripture: An Instructive Analogy?, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

This Review Essay examines the analogy between biblical interpretation and constitutional interpretation drawn by the eminent Yale church historian Jaroslav Pelikan in his provocative book, Interpreting the Bible and the Constitution. Part I of the Essay focuses on Pelikan’s discussion of the differences and analogies between the Bible and the Constitution that provide the foundation for methodological comparison. Part II of the Essay examines Pelikan’s effort to draw on the work of 19th-century theologian John Henry Newman in order to explore the fundamental problem of the relation between the authority of the original text and the authority of ...


Law School As A Culture Of Conversation: Re-Imagining Legal Education As A Process Of Conversion To The Demands Of Authentic Conversation, Gregory A. Kalscheur S.J. Dec 2011

Law School As A Culture Of Conversation: Re-Imagining Legal Education As A Process Of Conversion To The Demands Of Authentic Conversation, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

Conventional wisdom holds that the principal task of a law school is to teach law students to "think like lawyers." However, law school can be experienced as a form of narrow training that diminishes something central to the human person: the fundamental drive to question and to follow those questions wherever they lead. This Article will explore the ways in which the thought of two scholars, Bernard Lonergan and James Boyd White, can usefully inform our understanding of this crisis of meaning and value within the context of a conception of law as a social and cultural activity. First, this ...


John Paul Ii, John Courtney Murray, And The Relationship Between Civil Law And Moral Law: A Constructive Proposal For Contemporary American Pluralism, Gregory A. Kalscheur S.J. Dec 2011

John Paul Ii, John Courtney Murray, And The Relationship Between Civil Law And Moral Law: A Constructive Proposal For Contemporary American Pluralism, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

In his 1995 encyclical, Evangelium Vitae, Pope John Paul II outlined a jurisprudential vision which includes the “doctrine on the necessary conformity of civil law with moral law.” The Pope’s jurisprudential reflections prompt the question I consider in this Article: How should we understand the doctrine on the necessary conformity of civil law with moral law in a religiously pluralistic democratic society like that of the United States today? My objective is to articulate a vision of the relationship between moral values and civil law that is grounded in the tradition of Catholic social thought and that can allow ...