Law Commons^™

Agricultural Disputes: Mexican Tomatoes To Florida And Washington Apples To Mexico, Michael W. Gordon, Eric Salonen, Stephen J. Powell, Patrick J. Macrory, David Hurtado Badiola, John Van Sickle

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Defining The Economic Relationship Appropriate For Collective Bargaining, Michael C. Harper

Faculty Scholarship

These are, of course, difficult times for those who share the goals of the framers of the original National Labor Relations Act (the "NLRA" or "Act") .' As union density in the private sector has continued to decline² and as the NLRA has proven helpless against the economic developments that have generated continuing employer resistance to collective bargaining, the original vision of the Wagner Congress must seem myopic and shaded with an excessively optimistic tint. Observing these economic developments and the enhanced impediments to union organization that they have posed makes it clear that only a much different statute …

Discovery, Learning And Adoption Of New Techniques: Choosing Specialization To Optimize Technical Progress, James Bessen

Faculty Scholarship

Why is it that adopting new technologies takes so long and costs so much? Clearly, firms do not know all the details necessary to implement a complex technology efficiently; learning these details requires extensive search. However, this explanation has a problem: even limited search may be so costly that newly discovered techniques will not be tried. We find that specialization solves this problem. If a complex process is divided into many small components, each searched in parallel, then discoveries are readily tested. Moreover, specialized search can perform surprisingly well even for processes of indefinite complexity. We measure the returns to …

Deliberative Democracy, Overlapping Consensus, And Same-Sex Marriage, Linda C. Mcclain

Faculty Scholarship

A pressing concern in political and constitutional theory is how to construct a model of justification in law and politics that offers methods for securing agreement and social cooperation in the face of moral pluralism. A common goal of this work is to elaborate the requirements of deliberative democracy, that is, a model of democratic self-government that "asks citizens and officials to justify public policy by giving reasons that can be accepted by those who are bound by it."' Two fundamental questions are: (1) are there any limits to the grounds to which citizens may appeal or the reasons that …

Classifying International Agreements Under U.S. Law:The Beijing Platform As A Case Study, Benjamin D. Knaupp

BYU Law Review

No abstract provided.

The Unpredictable Scope Of The Waiver Resulting From The Advice-Of-Counsel Defense To Willful Patent Infringement, Jared S. Goff

BYU Law Review

No abstract provided.

Procd, Inc. V. Zeidenberg: The End Does Not Justify The Means In Federal Copyright Analysis, Brett L. Tolman

BYU Law Review

No abstract provided.

A Lawyer's Guide To The Second Amendment, Steven H. Gunn

BYU Law Review

No abstract provided.

Board Of County Commissioners V. Umbehr: The Inadequacies Of Extending Pickering Analysis To Government Contractors, Luther D. Tupponce

William & Mary Bill of Rights Journal

This Note challenges the restrictive First Amendment free speech protection that the Supreme Court gave to government contractors in Board of County Commissioners v. Umbehr when it applied the Pickering balancing test, developed nearly thirty years ago in Pickering v. Board of Education in the context of government employees. It does so by first questioning whether the First Amendment free speech protections given to government employees should be similar for government contractors. It then explores whether the Pickering balancing test should be applied to cases involving government contractors as it was in Umbehr.

The author concludes that the Court improperly …

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …

Identifying And Valuing The Injury In Lost Chances Cases, Todd S. Aagaard

Faculty Publications

Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care. Even after the plaintiff has established the defendant's breach of duty, however, issues of causation and damages remain. These two issues are frequently vexing, both conceptually and in terms of evidentiary demonstration. For example, if a plaintiff proves that a defendant acted negligently, it still may be unclear whether the plaintiff would have been injured even ip the absence of the defendant's negligence. Similarly, in assessing damages, factfinders often :find it difficult to attach a monetary value to a plaintiff's nonpecuniary losses …

Virginia Supreme Court Endorses Medical Confidentiality Claim, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

Measuring Market Power When The Firm Has Power In The Input And Output Markets, Keith N. Hylton, Mark Lasser

Faculty Scholarship

We examine the problem of measuring market power when the firm has monopoly power in the output market and monopsony power in the input market - a case we refer to as 'dual-market' power. We show how the Lerner index, which measures the mark-up over the marginal cost, can be modified to reflect the firm's ability to set price above the competitive level.

Justifying Public Decisions In Arctic Oil And Gas Development: American And Russian Approaches, Nicholas E. Flanders, Rex V. Brown, Yelena Andre'eva, Oleg Larichev

Dartmouth Scholarship

Government resource decisions in the Arctic typically involve complex issues; multiple criteria are used to choose among alternatives. This complexity is even greater with petroleum development because of concerns about national energy security, environmental impacts, and economic development. Two decision-aiding techniques may help decision makers clarify their decisions to themselves, the stakeholders, and the general public. The Russian qualitative technique seeks to reduce the number of criteria and find alternative options that may be better than the initial ones. The Western quantitative technique seeks to measure the decision maker* s judgement about the utility and certainty of each option. These …

Law School Deans Criticize Rankings, Jennifer Paynter

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Vol. 48, No. 7, February 25, 1998, University Of Michigan Law School

Res Gestae

•Jessup Team to Compete in Internationals First APALSA Symposium Client Counseling Team Takes Third at Regional Competition Everything You've Ever Wanted to Know About Professor Logue but Were Afraid to Ask Bruce Man Can't Jump •Movie Reviews for Movies we Didn't See •Larry's Weekly Contribution to his FBI File •It Pays to Stay in School

Appeal No. 0641: Boocor Producing V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 97-204

Appeal No. 0583: Kenneth Parrill, Dba Hoyt-Parrill Company V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-61 & Chief's Order 97-1

Appeal No. 0618: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-78

Appeal No. 0634: Michael Schafer V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-159 (Everflow Eastern)

Appeal No. 0607: Kenneth Parrill, Dba Hoyp-Parrill Company V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 96-91 & Chief's Order 97-1

Appeal No. 0619: Halwell Company, Cinc. (B.T. Energy Corporation) V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 97-76

Appeal No. 0633: North Coast Energy, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 97-154

Appeal No. 0637: Robert W. Barr, Dba Big Sky Petroluem V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 97-201

Appeal No. 0627: Barclay Petroleum, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 97-117

Appeal No. 0615: Donald E. Wood V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 97-63

Appeal No. 0613: Poston Operating Co., V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 97-28

Appeal No. 0623: Max Becker, Dba Ruma, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 97-102

Appeal No. 0617: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-66

Appeal No. 0620: Halwell Company (Bt Energy Corporation) V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-83