Law Commons^™

Antitrust And Nonexcluding Ties, Herbert J. Hovenkamp

All Faculty Scholarship

Notwithstanding hundreds of court decisions, tying arrangements remain enigmatic. Conclusions that go to either extreme, per se legality or per se illegality, invariably make simplifying assumptions that frequently do not obtain. For example, by ignoring double marginalization or tying product price cuts it becomes very easy to prove that a wide range of ties are anticompetitive. At the other extreme, by ignoring foreclosure possibilities one can readily conclude that ties are invariably benign.

Ties have historically been thought to produce two kinds of competitive harm: “leverage,” or extraction; and foreclosure, or exclusion. The two theories are not mutually exclusive. Indeed, …

Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp

All Faculty Scholarship

This brief essay reviews Firat Cengiz’s book Antitrust Federalism in the EU and the US (2012), which compares the role of federalism in the competition law of the European Union and the United States. Both of these systems are “federal,” of course, because both have individual nation-states (Europe) or states (US) with their own individual competition provisions, but also an overarching competition law that applies to the entire group. This requires a certain amount of cooperation with respect to both territorial reach and substantive coverage.

Cengiz distinguishes among “markets,” “hierarchies,” and “networks” as forms of federalism. Markets are the least …

Impostos E Alternativas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

O Tribunal Constitucional terá que muito provavelmente apreciar o OGE para 2013. Será uma prova decisiva para a nossa democracia e a II República. Façamos entretanto um recuo e lembremos, ainda que muito sucintamente, os problemas de legitimação de qualquer tributação, e o contrato social para que remete. Será também que, como se dizia nos tempos da "dama de ferro", "there is no alternative"? Há sempre alternativas. Por isso é que há política e não mera tecnocracia. Há sempre Política. E sempre pode haver outras políticas, desde que haja políticos com coragem, imaginação e competência.

An Estate Dilemma - Inaccessible Assets Hiding Behind Passwords And Encryption, Douglas J. Henderson

DOUGLAS J HENDERSON

Every person living in the modern world holds valuable assets, data, or information in digital mediums. Digital mediums include not only digital hardware storage mediums in personal possession (like external hard drives and internal hard drives within laptop and desktop computers, personal digital assistants, cell phones, and the like), but also those only accessible through a network. Because so much is held in digital mediums, when an individual dies or becomes incapacitated, another person must know how to access the incapacitated person’s digital assets and other important information (this person is known herein as the ‘Responsible Party’). There are potential …

Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy

Master's Theses

This study assesses the origins of Arizona’s state-sponsored immigration policy. It attempts to identify the social dynamics within Arizona that contributed to the overwhelming public support for SB 1070. Since it has been two years after the law was passed, this analysis determines what impact the law has had thus far within the state. Finally, it postulates the future of Arizona’s immigration policy.

Massa E Elite. Uma Lição Da 'Renascença Portuguesa', Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há muitos mitos e preconceitos sobre o elitismo e o seu papel em democracia. Confunde-se elite com oligarquia, por exemplo. Desde a Antiga Grécia que os regimes mais perfeitos eram mistos, em que não havia um único princípio a governar, mas vários. Hoje que as manifestações enchem as ruas e as massas podem ter maior protagonismo (já o estão a ter) é preciso refletir sobre o papel das massas e de como se relacionam com as elites. Um contributo para essa reflexão está já no movimento da Renascença Portuguesa, que se encontra em tempo de comemoração, mas também revisitação crítica. …

An Empirical Exploration Of The Effects Of Medical Marijuana Laws, Ben Ehrens

Economics Theses

This exploration into the multiple effects of medical marijuana laws on regional marketplaces uses a novel data set and contributes three unique and important findings. First, in states with medical marijuana legislation the price of marijuana is significantly lower than states without similar legislation, this is likely due to measures that allow for legalized avenues of production and distribution. Secondly, because of price breaks for bulk purchases, retail level distributers operate on a downward sloping supply curve that is less steep in medical marijuana states; this is likely due to decreased risk of distribution which may reduce preference for lower …

Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael

Associate Professor Katina Michael

The boom of the internet and the explosion of new technologies have brought with them new challenges and thus new connotations of privacy. Clearly, when people deal with e-government and e-business, they do not only need the right to be let alone, but also to be let in secret. Not only do they need freedom of movement, but also to be assured of the secrecy of their information. Solove [6] has critiqued traditional definitions of privacy and argued that they do not address privacy issues created by new online technologies. Austin [7] also asserts: “[w]e do need to sharpen and …

Privacy- The Times They Are A-Changin', M.G. Michael, Katina Michael

Professor Katina Michael

This special section is dedicated to privacy in the information age. Since the rise of mobile social media in particular and the advent of cloud computing few can dispute that the times have changed. Privacy is now understood in context, and within a framework that is completely different to what it once was. The right to be let alone physically seemingly has been replaced by the right to give away as much information as you want virtually. What safeguards can be introduced into such a society? We cannot claim to wish for privacy as a right if we ourselves do …

Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center

The Future of Natural Resources Policy (December 6)

This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Moderator: Dean Phil Weiser, University of Colorado Law School

Panelists:

Jay Jensen, Associate Director for Land & Water Ecosystems, White House Council on Environmental Quality

Scott Miller, Visiting Assistant Professor, University of Colorado Law …

Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar

The Future of Natural Resources Policy (December 6)

18 pages (DO-5 through DO-22).

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture

The Future of Natural Resources Policy (December 6)

57 pages.

"Fiscal Year 2013 Budget Overview"

"February 2012"

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Interative Discussion Leader (Idt) @ Futuregov Forum Queensland On The Theme Of "Mobile Government", Katina Michael, Erica Fensom

Professor Katina Michael

Mobile Government Briefing: Provide services anywhere any time: - Transact to enable in-field data collection, request processing, order management, approvals, edits, updates and execute actions. - What are the implications for the incorporation of rich multimedia content on devices to better serve staff and citizens? - Addressing the security challenges of various risks around data access, data transmission, and data storage for BI architecture and mobile devices

High Speed Rail: Strategic Information For The Australian Context, Tania Von Der Heidt, Pat Gillett, Chris Hale, Philip Laird, Alex Wardrop, Robert Weatherby, Charles Waingold, Michael Charles, Ian Rossow, Dale Coleman, Bala Ramasokeran, Rocco Zito, Michael Taylor, Adrian Pollock

Dr Philip Laird

No abstract provided.

Climate Change Adaptation Chapter: Marshfield, Massachusetts, Joshua H. Chase, Jonathan G. Cooper, Rory Elizabeth Fitzgerald, Filipe Antunes Lima, Sally R. Miller, Toni Marie Pignatelli

Landscape Architecture & Regional Planning Studio and Student Research and Creative Activity

Climate change, understood as a statistically significant variation in the mean state of the climate or its variability, is the greatest environmental challenge of this generation (Intergovernmental Panel on Climate Change, 2001). Marshfield is already being affected by changes in the climate that will have a profound effect on the town’s economy, public health, coastal resources, natural features, water systems, and public and private infrastructure. Adaptation strategies have been widely recognized as playing an important role in improving a community’s ability to respond to climate stressors by resisting damage and recovering quickly.

Based on review of climate projections for the …

Constraints In Adoption Of Moongbean Production Technology In Sundarban, West Bengal, Ganesh Chandra

Ganesh Chandra

The new agricultural technologies are considered to be the prime mover to the process of agricultural development in India. Understanding farmers’ perceptions of a given technology is crucial in the generation and diffusion of new technologies and farm household information dissemination. Pulses in India have long been considered as the poor man’s only source of protein. Moongbean (green gram) is one of the important pulse crop in India, plays a major role in augmenting the income of small and marginal farmers of Sundarban. Constraints are the circumstances or causes, which prohibit farmer to adopt improved farm technology. This constraint study …

An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck

Graduate Theses and Dissertations

Public pension systems are underfunded, straining state budgets. Historically, many states have presumed that they can modify pension benefits only as to newly-hired employees, and that they must leave benefit accruals untouched for current workers. More recently, though, states have begun enacting more fundamental pension reform that modifies future accruals or even reduces cost-of-living allowances for retirees. Nearly all such new reforms have been the subject of one or more lawsuits alleging that the federal and/or state constitution bars the legislature from reducing benefits or accrual patterns. This dissertation examines the legal underpinnings for arguments made against pension reform, and …

Funding Health-Related Vr Services: The Potential Impact Of The Affordable Care Act On The Use Of Private Health Insurance And Medicaid To Pay For Health-Related Vr Services, Robert Silverstein

All Institute for Community Inclusion Publications

One of the myriad of issues affecting the administration of the vocational rehabilitation (VR) program by State VR agencies under Title I of the Rehabilitation Act is how to maximize access to and use of all available funding sources to pay for VR services and supports for VR applicants and clients. In March 2010, Congress passed and the President signed into law the "Affordable Care Act" (ACA). 1 On June 28, 2012, the United States Supreme Court upheld all of the provisions of the ACA, with the exception of provisions mandating Medicaid expansion. The Supreme Court held that if a …

The Striking Success Of The National Labor Relations Act, Michael L. Wachter

All Faculty Scholarship

Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial peace.

Before the NLRA and the 1947 Taft-Hartley Amendments, our industrial relations system gave rise to frequent and violent strikes that threatened the nation’s stability. For example, in the late 1870s, the Great Railroad Strike spread throughout a number of major cities. In Pittsburg alone, strikes claimed 24 lives, nearly 80 buildings, and over 2,000 …

Neoclassical Labor Economics: Its Implications For Labor And Employment Law, Michael L. Wachter

All Faculty Scholarship

Whereas law and economics appears throughout business law, it never caught on in legal commentary about labor and employment law. A major reason is that the goals of the National Labor Relations Act (NLRA), the country’s foundational labor law, are at war with basic principles of economics. The lack of integration is unfortunate if understandable. Notwithstanding the NLRA’s normative goal to keep wages out of competition, economic analysis applies as centrally to labor markets as to any other market.

One of the NLRA’s primary goals is to equalize bargaining power. Its drafters envisioned achieving this goal through procedural and substantive …

The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann

Holly Doremus

No abstract provided.

Constitutive Law And Environmental Policy, Holly Doremus

Holly Doremus

No abstract provided.

Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus

Holly Doremus

The George W. Bush Administration has been criticized by scientists for its use of science in the policy arena generally, and for politicizing science. However, the problem is more one of the scientizing of politics, as the administration has shown that the rhetoric of science can be used defensively, as a barrier to regulation. Key methods used by the administration to pursue its strategy of defensive science in natural resource management are detailed. A more normatively defensible, and a more politically effective, strategy for conservationists would emphasize the need to bring transparency and a commitment to updating into the regulatory …

Ieee T&S Magazine: Undergoing Transformation, Katina Michael

Professor Katina Michael

Our Magazine is in a transformative period, not only because we are ‘Going Green’ in 2013 but because we are experiencing tremendous growth in quality international submissions. This means that we are increasingly appealing to an international audience with transdisciplinary interests. This has not gone unnoticed by the media, nor by our SSIT readership or wider engineering community.

Da Universidade. Reflexão Jurídica Em Tempo De Crise, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há princípios constitucionais para as Universidades. É bom que tal não se esqueça num tempo em que a Constituição está, mais que metida na gaveta, apedrejada todos os dias. E há princípios de bom senso, também. A Universidade não pode ser desvirtuada nem por asfixia financeira, nem por burocracia antidemocrática, nem por modismos que distraiam os professores (e até os estudantes) dos fins naturais e primaciais que tem: aprender e ensinar.

Foreword, Amy C. Gaudion

Penn State Journal of Law & International Affairs

No abstract provided.

Jlia Editorial Board & Staff

Penn State Journal of Law & International Affairs

No abstract provided.

To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson

Penn State Journal of Law & International Affairs

More than three decades of war and hundreds of thousands killed or brutalized by the actions of warlords and insurgent commanders vying for power comprise the backdrop of modern Afghanistan. As Afghanistan continues toward a new era, seeking democracy in a country where tribal affiliations and ethnic groups often usurp any sense of patriotism, the reconciliation of armed fighters while providing an adequate grievance process for victims of war crimes must take priority in the process adopted to unify the Islamic Republic of Afghanistan. This comment explores the current attempt by the Islamic Republic of Afghanistan to provide a system …

International Activity And Domestic Law, Adam I. Muchmore

Penn State Journal of Law & International Affairs

This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.

The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels

Penn State Journal of Law & International Affairs

This article explores the seminal United States Supreme Court decision of United States v. Smith (1820). Smith, an early piracy case, has influenced developments in both domestic and international law on piracy, universal jurisdiction, and a range of broader themes. This article is the first to explore the context within which the case arose, as well as the circumstances of the case itself. In addition to the details of the case, the story of the men prosecuted for their cruise aboard the vessel known as the Irresistible in the late spring and early summer of 1819 also offers a …