Law Commons^™

Network Neutrality: The Global Dimension, Pierre Larouche

Pierre Larouche

This paper first sets out a framework for understanding network neutrality, by organizing the various issues raised in the course of the network neutrality debate. Secondly, recent US legal and regulatory initiatives are briefly reviewed. Thirdly, the situation under EU law is surveyed. Finally, the conclusion compares the two regulatory responses and considers how the global network neutrality debate could unfold. In the short term, ISPs must take measures to deal with imbalances and congestion on their networks. Beyond that, in the longer term, ISPs are looking to introduce differentiated Quality of Service (QoS) offerings, so as to turn their …

Gender And Partner Compensation At America's Largest Firms, Marina Angel

Marina Angel

Abstract

This study compiled the largest research sample on the gender gap in compensation at the 200 largest law firms by combining two large databases to examine the compensation disparities between men and women partners. The analysis elucidates the question of whether the difference is because women are less productive than men partners or because they are women. The Am Law 100 and 200 studies include gross revenue, profits, number of equity and non-equity partners, and the total number of lawyers at each firm. The Vault/MCCA Law Firm Diversity Programs study (Vault/MCCA) includes the gender ratios at each Am Law …

The Legal Response To Discrimination: Does Law Matter?, John J. Donohue

John Donohue

The topic of the legal response to discrimination is broad and growing. It includes everything from hate crime legislation and governmental prohibition of discrimination in the purchase of housing, cars, and loans, to restrictions on discrimination in the provision of government services and benefits as well as in employment.1 In the latter category alone, the body of law banning discrimination in the workplace has both deepened as the original prohibitions against discrimination on the basis of "race, color, religion, sex, or national origin" (Section 703(a)(1) of Tide VII of the Civil Rights Act of 1964) have been interpreted to prohibit …

The Japanese Constitution As Law And The Legitimacy Of The Supreme Court’S Constitutional Decisions: A Response To Matsui, Craig Martin

Craig Martin

This article, from a conference at Washington University School of Law on the Supreme Court of Japan, responds to an article by Shigenori Matsui, “Why is the Japanese Supreme Court is so conservative?” Professor Matsui’s article makes the argument that a significant factor is the extent to which the judges fail to view the Constitution as positive law requiring judicial enforcement. It is novel in its emphasis on an explanation grounded in law, and the decision-making process, rather than the political, institutional, and cultural explanations that are so often offered. In this article, Borrowing from Kermit Roosevelt’s arguments on judicial …

Perspective On Economic Critiques Of Disability Law: The Multifaceted Federal Role In Balancing Equity And Efficiency, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Given the recent enactment of the ADA Amendments Act, this article analyzes a Rawlsian philosophical framework with which to view society’s treatment of people with disabilities. Allocation of resources remains a pervasive concern of economists and attorneys alike. Need, merit, and market compete as means by which to decide who should receive what benefits. This article concludes that while economics can play a powerful role in the initial allocation of limited resources there remains a multifaceted federal role to confront discrimination and promote equity.