Law Commons^™

Bożena Borkowska, Regulacja Monopolu Naturalnego W Teorii I Praktyce [Regulation Of A Natural Monopoly In Theory And Practice], Wydawnictwo Wrocławskiego Uniwersytetu Ekonomicznego, [Publishing House Of The Wroclaw University Of Economics], Wroclaw 2009, Pp. 229., Anna Fornalczyk

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Usługi Portów Lotniczych W Unii Europejskiej I W Polsce Ii – Wybrane Zagadnienia, Filip Czernicki, Tadeusz Skoczny

Monografie CARS/CARS Monographs

Praca zbiorowa pod redakcją prof. Tadeusza Skocznego i Filipa Czernickiego dotyczy usług portów lotniczych. Publikacja została stworzona na podstawie raportów badawczych przygotowanych przez pracowników Wydziału Zarządzania UW oraz Przedsiębiorstwa Państwowego „Porty Lotnicze”, w ramach drugiej edycji projektu badawczego zrealizowanego w 2011 r.(pierwsza edycja zakończona została w 2010 r.).

Książka przeznaczona jest dla osób zaangażowanych w zarządzanie portami lotniczymi, przedsiębiorców świadczących usługi lotniskowe i lotnicze, pracowników administracji publicznej związanych z sektorem lotnisk, a także dla pracowników naukowych i studentów, zainteresowanych tematyką ochrony konkurencji i regulacji.

The Human Rights Of The San (Bushmen) Of Botswana - The Clash Of The Rights Of Indigenous Communities And Their Access To Water With The Rights Of The State To Environmental Conservation And Mineral Resource Exploitation, Jeremy Sarkin, Amelia Cook

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Keeping The Welcome Mat Rolled-Up: Social Jsutice Theorists' Failure To Embrace Adverse Possession As A Redistributive Tool, Tessa Davis

Florida State University Journal of Transnational Law & Policy

"The essential difference between prescription and limitation is that in the former case title can be acquired only by possession as of right. That is the antithesis of what is required for limitation, which perhaps can be described as possession as of wrong." "Property rights must be defined and structured so as to grant legal protection for particular interests while at the same time limiting that protection to ensure an environment in which all people may exercise their rights . . . . Contrary, perhaps, to popular belief this means that one of the purposes of property systems must be …

Dietary Supplementary Regulation: A Comparative Study, Sara Atherton Mason

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Antitrust Review Of The At&T/T-Mobile Transaction, Maurice E. Stucke, Allen Grunes

College of Law Faculty Scholarship

In this Essay, we review AT&T Inc.’s proposed $39 billion acquisition of T-Mobile USA, Inc., under federal merger law, under the U.S. Department of Justice and Federal Trade Commission’s 2010 Horizontal Merger Guidelines, and with a focus on possible remedies. We find, under a rule of law approach, that the proposed acquisition is presumptively anticompetitive, and the merging parties in their public disclosures have failed to overcome this presumption. Next we find that under the Merger Guidelines, there is reason to believe that the transaction may result in higher prices to consumers under several different plausible theories. Finally, we turn …

Economists On Deregulation Of The American Legal Profession: Praise And Critique, Benjamin Barton

College of Law Faculty Scholarship

Both law professors and economists are discussing deregulation of the American legal profession, often without consulting each other. This symposium essay reviews the book length deregulation argument entitled First Thing We Do, Let’s Deregulate All the Lawyers. The essay argues that Let’s Deregulate is a tremendous addition to the literature: it disregards laws various professional shibboleths and offers a crisp and persuasive argument that the current barriers to entry are very, very costly to law students, clients, and society at large. Let’s Deregulate estimates the 2004 lawyers’ earning premium at $64 billion. The estimation is high, but well supported. Even …

Behavioral Antitrust, Maurice E. Stucke, Amanda P. Reeves

College of Law Faculty Scholarship

Competition policy is entering a new age. Interest in competition laws has increased world-wide, and the United States no longer holds a monopoly on antitrust policy. In the aftermath of the financial crisis, the question for competition authorities is whether and to what extent does bounded rationality, self-interest and willpower matter.

This article explores how the behavioral economics literature will advance competition policy. With increasing interest in the United States and abroad in the implications of behavioral economics for competition policy, this Article first provides an overview of behavioral economics. It next discusses how the assumption of rational, self-interested profit-maximizers …

The Works Of Jürgen Habermas: A Tool For Further Understanding The Theory And Practice Of Restorative Justice, Audrey Laurel Barrett

LLM Theses

The theory of restorative justice has always lagged behind practice. As such, gaps in theory have existed over time and continue to exist today, particularly in terms of explaining "the magic" that occurs within the encounter process. By exploring the theories of Jürgen Habermas, it is suggested that new frameworks can be developed that can help theorists think about, and explain the experiences and outcomes central to restorative processes. This paper focuses on Habermas' theory of universal pragmatics and communicative action as a means to better understand the mechanisms within the encounter process, and the conditions necessary, to give rise …

Front Matter Hlr 40(2)

Hofstra Law Review

No abstract provided.

Reconsidering Competition, Maurice Stucke

Scholarly Works

In light of the financial crisis and the empirical findings from behavioral economics, policymakers should reconsider the fundamental question: What is competition? Only in understanding competition can one understand what competition can or cannot achieve under certain circumstances.

This Article reexamines one premise of competition, namely the extent to which firms, consumers, and the government are rational and act with perfect willpower. In varying this assumption, the Article maps four scenarios of competition.

Competition authorities should revisit their conception of competition, including the underlying assumptions, to better understand the competitive dynamics in different industries. In engaging in this review, competition …

Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Balancing National Security And International Responsibility: The Immigration System’S Legal Duty To Asylees Fleeing Gang Violence In Central America, Margot Kniffin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Deep Seabed: The Laws Of Nature And Nature’S Manganese Nodules, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Nuremberg And The Crime Of Abortion, Jeffrey C. Tuomala

Faculty Publications and Presentations

The crime of abortion played prominently in two international trials held at Nuremberg following World War II—the Goering and Greifelt cases. Allied prosecutors made the case that voluntary and involuntary abortion were war crimes and crimes against humanity. The Goering Judgment identified policies promoting abortion as activities marking the Political Leadership Corps of the Nazi Party as a Criminal Organization. The Greifelt Indictment charged ten defendants with voluntary and involuntary abortion. A focus of the prosecution’s case was the removal of the protection of law from unborn children in occupied Poland and racially non-valuable unborn children of Eastern workers in …

Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity, Andrew Mark Bennett

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Foreign Competition In U.S. Defense Contracts: Why The U.S. Government Should Favor Domestic Companies In Awarding Major Defense Procurement And Acquisition Contracts, Lindsay I. Mccarl

Global Business & Development Law Journal

No abstract provided.

Lebron V. Gottlieb Memorial Hospital: Capping Medical Practice Reform In Illinois, Leonard Nelson, Amanda Swanson, Marianne Buckley

Annals of Health Law and Life Sciences

On February 4, 2010 the Illinois Supreme Court struck down Illinois' medical practice reform bill, P.A. 94-677, when it decided Lebron v. Gottlieb Memorial Hospital. Although the court only considered the unconstitutionality of the cap on non-economic damages contained in that bill, an inseverability provision resulted in the invalidation of all of its provisions. The end result of the Lebron decision extends much further than the striking of the cap on non-economic damages. It affects such areas as medical liability insurance law, physician discipline, public disclosure of information, the admissibility of physician statements into evidence, and expert witness standards. …

Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez

Faculty Articles and Other Publications

Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.

Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to …

Reaching Batson's Challenge Twenty-Five Years Later: Eliminating The Peremptory Challenge And Loosening The Challenge For Cause Standard, Matt Haven

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

You're Doing It Wrong: How The Anti-Law School Scam Blogging Movement Can Shape The Legal Profession, Lucille A. Jewel

Scholarly Works

One of the biggest social advancements that the Internet has given us is the capacity for an individual’s idea to reach a mass audience. Internet-based communication forms, particularly blogs, enable an idea to gain credence without the involvement of traditional mass media outlets, such as newspapers or television stations. With no “top-down” filter that controls what ideas get disseminated, the Internet can amplify voices speaking from outside the mainstream culture that perhaps would not be heard under the traditional media system. The open network structure of the Internet also allows ideas to reach broad audiences and enables individuals, operating independently, …

"Mosaic Theory" And Megan's Laws, Wayne A. Logan

Scholarly Publications

This essay urges reexamination of the privacy implications of registration and community notification (RCN) laws, commonly known as Megan’s Laws. Applying the analytic construct recently employed by the D.C. Circuit in United States v. Maynard to conclude that extended use of a GPS tracking device constitutes a search for Fourth Amendment purposes, the essay argues that the collection and aggregation of registrant data entailed in RCN implicates a protectable Fourteenth Amendment privacy interest. In both contexts, the government collects nominally public data – in Maynard, car travel, with RCN, registrants’ home/work/school addresses, physical traits, etc. – and creates an informational …

A Prediction Market For Climate Outcomes, Shi-Ling Hsu

Scholarly Publications

This Article proposes a way of introducing some organization and tractability in climate science, generating more widely credible evaluations of climate science, and imposing some discipline on the processing and interpretation of climate information. I propose a two-part policy instrument consisting of (1) a carbon tax that is indexed to a “basket” of climate outcomes, and (2) a cap-and-trade system of emissions permits that can be redeemed in the future in lieu of paying the carbon tax. The amount of the carbon tax in this proposal (per ton of CO2) would be set each year on the basis of some …

Negotiating Federalism, Erin Ryan

Scholarly Publications

Bridging the fields of federalism and negotiation theory, Negotiating Federalism analyzes how public actors navigate difficult federalism terrain by negotiating directly with counterparts across state-federal lines. In contrast to the stylized, zero-sum model of federalism that dominates political discourse and judicial doctrine, it demonstrates that the boundary between state and federal power is negotiated on scales large and small, on an ongoing basis. The Article is also the first to recognize the procedural tools that bilateral federalism bargaining offers to supplement unilateral federalism interpretation in contexts of jurisdictional overlap. The Article begins by situating its inquiry within the central federalism …

Unbound By Theory And Naming: Survival Feminism And The Women Of The South African Victoria Mxenge Housing And Development Association, Becky Jacobs

College of Law Faculty Scholarship

The emergence of a uniquely African formulation of feminism is one of the most energizing developments in feminist theory and discourse in recent history. As African women confront unprecedented economic and political challenges, they also are questioning, and, in some instances, redefining, individual and societal orthodoxies of gender and family roles. This Article will examine the discourse on African feminism and will consider the practical utility of feminist theory in the context of one extraordinary group of South African women, the members of the Victoria Mxenge Housing and Development Association. The discussion will review the historical context in which the …

Disability Trouble, Brad Areheart

College of Law Faculty Scholarship

In the 1960s, the term “gender” emerged in the academic literature to indicate the socially constructed nature of being a man or woman. The gender/sex binary soon became standard academic fare, with sex representing biology and gender representing sex’s social construct. However, in the 1980s feminists became concerned the gender/sex binary – by effectively designating sex as non-social – left room for biological determinism. These feminists made “gender trouble” in part by arguing biological sex was a social concept. The resulting scholarship on sex and gender enriched feminist thought and catalyzed civil rights through an expansion of legal protections.An almost …

The Water-Energy Nexus In The American West, Douglas S. Kenney, Robert Wilkinson

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b613233~S0

Contents: PART I : INTRODUCTION AND OVERVIEW: The water-energy nexus : methodologies, challenges and opportunities / Robert Wilkinson -- Energy, water and the natural environment / Melinda Kassen, Jack E. Williams -- PART IIA : WATER FOR ENERGY : FOSSIL FUELS: The coal conundrum / Kristen Averyt -- Oil shale and water / Bart Miller -- Managing produced water from coalbed methane production / Lawrence J. MacDonnell, …

Plurality Of Political Opinion And The Concentration Of The Media, Maurice Stucke

Book Chapters

No abstract provided.

The Unfortunate Advantage Of The Holyland People, Tomer Benito

William Mitchell Law Review

No abstract provided.

No Strict Scruting—The Court's Deferrential Position On Material Support To Terrorism In Holder V. Humanitarian Law Project, Katherine R. Zerwas

William Mitchell Law Review

No abstract provided.