Law Commons^™

When Responsive Legislation Ignores The Forest For The Trees, Matthew G. Curtis

Law Student Publications

Large-scale financial disasters have resulted in equally large-scale overhauls of the system responsible for financial industry regulation. Choice over responding parties to these disasters is minimal, and the public inevitably looks to the government for assistance and explanation. The increasingly globalized economy causes any nationwide financial regulation in the U.S. to be felt throughout international markets. U.S. environmental regulation, while not felt immediately abroad, can have drastic impacts on business planning, environmental risk-management, and human rights in the developing world.

Disability Rights, Welfare Law, Mark C. Weber

Cardozo Law Review

This Article asks how disability rights ideas can be reconciled with - and might transform - the law of public assistance. The social model of disability forms the basis of most disability rights thinking. This model recognizes that impairments do not by themselves disable, but disability instead arises from a dynamic between a person's physical and mental conditions and society's environmental and attitudinal barriers: Paraplegia does not cause disability but for stairs, curbs, and human attitudes that limit accessibility. The social model focuses on changing the environment; its close corollary, the civil rights approach to disability, looks to anti-discrimination law …

Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker

Akron Law Faculty Publications

Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.

This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in …

Succession In Family Businesses: Kinship Culture And Islamic Law Of Inheritance, Nasir Afghan

Business Review

Majority of research has been carried out on succession within family firms in the positivistic tradition of research and also has a very strong normative element to it. The successful research has been defined using researchers determined criterion such as firm performance, viability and harmony among the family members etc. This type of research obviously assumes an independent reality ‘out there’ ready to be collected by objective researcher. This positive stance has been apparent even in the case based research mostly conducted by practitioners. On the contrary, to carry out this research an interpretive approach was adopted. The aim of …

Richmond Law Magazine: Summer 2011

Richmond Law Magazine

Features:

Embracing New Opportunities

'Your Honor'

Health Care: Why Jurisdiction Matters

Connecting the World

Discount Rates, Judgments, Individuals’ Risk Preferences, And Uncertainty, Louis Kaplow, David A. Weisbach

Coase-Sandor Institute for Law & Economics Research Paper Series

The choice of the proper discount rate is important in the analysis of projects whose costs and benefits extend into the future, a particularly striking feature of policies directed at climate change. Much of the literature, including prominent work by Arrow et al. (1996), Stern (2007, 2008), and Dasgupta (2008), employs a reduced-form approach that conflates social value judgments and individuals' risk preferences, the latter raising an empirical question about choices under uncertainty rather than a matter for ethical reflection. This article offers a simple, explicit decomposition that clarifies the distinction, reveals unappreciated difficulties with the reduced-form approach, and relates …

Utopian Justice: A Review Of Global Justice, A Cosmopolitan Account, By Gillian Brock, Katelyn Miner

Indiana Journal of Global Legal Studies

No abstract provided.

The Transnational Law Market, Regulatory Competition, And Transnational Corporations, Horst Eidenmuller

Indiana Journal of Global Legal Studies

In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations, and countries advertise their legal wares globally as they compete for customers. Transnational corporations in particular are prominent actors in the emerging transnational law market. This article investigates the causes of this development and discusses these changes with respect to company law, contract law, the law of dispute resolution, and insolvency law. It assesses the market for legal rules and its practical consequences, and it provides legal policy recommendations for an efficient framework of the transnational law market. …

Widening Batson's Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney, Jeffrey Bellin, Junichi P. Semitsu

Faculty Publications

In Snyder v. Louisiana, the Supreme Court reaffirmed its commitment to rooting out racially discriminatory jury selection and its belief that the three-step framework established in Batson v. Kentucky is capable of unearthing racially discriminatory peremptory strikes. Yet the Court left in place the talismanic protection available to those who might misuse the peremptory challenge—the unbounded collection of justifications that courts, including the Supreme Court, accept as “race neutral.”

To evaluate the Court’s continuing faith in Batson, we conducted a survey of all federal published and unpublished judicial decisions issued in this first decade of the new millennium (2000–2009) that …

From Oglethorpe To The Overthrow Of The Confederacy: Habeas Corpus In Georgia, 1733-1865, Donald E. Wilkes Jr.

Scholarly Works

This Article will provide, for the first time, a comprehensive account of the writ of habeas corpus in Georgia not primarily focused on use of the writ as a postconviction remedy. The Article covers the 132-year period stretching from 1733, when the Georgia colony was established, to 1865, when the Confederate States of America was finally defeated and the American Civil War came to a close.

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

China's Use Of Cyber Warfare: Espionage Meets Strategic Deterrence, Magnus Hjortdal

Journal of Strategic Security

This article presents three reasons for states to use cyber warfare and
shows that cyberspace is—and will continue to be—a decisive element in
China's strategy to ascend in the international system. The three reasons
are: deterrence through infiltration of critical infrastructure; militarytechnological
espionage to gain military knowledge; and industrial espionage
to gain economic advantage. China has a greater interest in using
cyberspace offensively than other actors, such as the United States, since
it has more to gain from spying on and deterring the United States than
the other way around. The article also documents China's progress in
cyber warfare and …

Modeling Human Behavior To Anticipate Insider Attacks, Frank L. Greitzer , Ph.D., Ryan E. Hohimer

Journal of Strategic Security

The insider threat ranks among the most pressing cyber-security challenges
that threaten government and industry information infrastructures.
To date, no systematic methods have been developed that provide a
complete and effective approach to prevent data leakage, espionage, and
sabotage. Current practice is forensic in nature, relegating to the analyst
the bulk of the responsibility to monitor, analyze, and correlate an overwhelming
amount of data. We describe a predictive modeling framework
that integrates a diverse set of data sources from the cyber domain, as well
as inferred psychological/motivational factors that may underlie malicious
insider exploits. This comprehensive threat assessment approach
provides …

"The Dynamics Of Terror And Creation Of Homegrown Terrorists," Richard J. Hughbank, Ed. Et Al., (Mustang, Ok: Tate Publishing And Enterprises, 2010), Jennifer Jefferis

Journal of Strategic Security

No abstract provided.

"Obama's Wars," Bob Woodward, (New York, Ny: Simon And Schuster, 2010), Richard J. Kilroy Jr.

Journal of Strategic Security

No abstract provided.

"Small Boats, Weak States, Dirty Money: Piracy And Maritime Terrorism In The Modern World," Martin N. Murphy, (New York: Columbia University Press, 2009), Francis D. Bonadonna , Capt.

Journal of Strategic Security

No abstract provided.

"Information Operations Matters: Best Practices," Leigh Armistead, (Washington, D.C.: Potomac Books, 2010), Robin L. Thompson

Journal of Strategic Security

No abstract provided.

Constitutional Versus Administrative Ordering In An Era Of Globalization And Privatization: Reflections On Sources Of Legitimation In The Post-Westphalian Polity, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Introduction

Cardozo Law Review

No abstract provided.

Biography: Paul R. Verkuil

Cardozo Law Review

No abstract provided.

Paul R. Verkuil - Bibliography

Cardozo Law Review

No abstract provided.

Paul R. Verkuil, Antonin Scalia

Cardozo Law Review

No abstract provided.

Paul Verkuil As Institution Builder: The Cardozo Story, Matthew Diller

Cardozo Law Review

No abstract provided.

Dean Verkuil, Michael Herz

Cardozo Law Review

No abstract provided.

Lessons In Leadership: A Law Student And Her Dean, Gail B. Agrawal

Cardozo Law Review

No abstract provided.

Rethinking Judicial Review Of Administrative Action: A Nineteenth Century Perspective, Jerry L. Mashaw

Cardozo Law Review

No abstract provided.

Governing In The Information Age: Technology As A Tool Of Democratic Engagement, Sally Katzen

Cardozo Law Review

No abstract provided.

Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford

Cardozo Law Review

No abstract provided.

Outsourcing Incompetence: An Essay In Honor Of Paul Verkuil, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

Agency Independence After Pcaob, Kevin M. Stack

Cardozo Law Review

No abstract provided.