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Golan v. Holder: A Look at the Constraints Imposed by the Berne Convention
(Vanderbilt Law Review, 2011)
One of the central issues in the Golan v. Holder litigation is the extent to which the United States had flexibility to tailor the protection of existing works that had fallen in the public domain when it joined the Berne ...
Survey Mode Effects on Valuation of Environmental Goods
(International Journal of Environmental Research and Public Health, 2011)
This article evaluates the effect of the choice of survey recruitment mode on the value of water quality in lakes, rivers, and streams. Four different modes are compared:bringing respondents to one central location after ...
Beyond Equality
(Indiana Law Journal, 2011)
Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered ...
Regulating Money Creation After the Crisis
(Harvard Business Law Review, 2011)
Like bank deposits, money market instruments function in important ways as "money." Yet our financial regulatory regime does not take this proposition seriously. The (non-government) issuers of money market instruments-almost ...
Public Entrenchment through Private Law: Binding Local Governments
(University of chicago Law Review, 2011)
Anti-entrenchment rules prevent governments from passing unrepealable legislation and ensure that subsequent governments are free to revisit the policy choices of the past. However, governments — and local governments in ...
Organizational Apologies: BP as a Case Study
(Vanderbilt Law Review, 2011)
This Article examines the conduct of BP executives in the weeks following the Deepwater Horizon oil spill to illuminate the use of apology by organizations. After briefly describing the value of apology and its nuances ...
To Transfer or Not to Transfer: Identifying and Protecting Relevant Human Rights Interests in Non-Refoulement
(Fordham Law Review, 2011)
Human rights law imposes upon States an absolute duty not to transfer an individual to another State where there are substantial grounds for believing he or she will be tortured or subjected to cruel, inhuman or degrading ...
Unforgiving of Those Who Trespass against U.S.
(Loyola Journal of Public Interest Law, 2011)
Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. Specifically, in April 2010, Arizona passed SB 1070: Support Our Law Enforcement and ...
Democracy's Distrust: Contested Values and the Decline of Expertise
(Harvard Law Review Forum, 2011)
This response to Professor Dan Kahan’s recent Harvard Foreword, Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law, argues that while Kahan accurately describes the contemporary “neutrality ...
The Law of War in the War Against Terrorism
(Loyola University Chicago International Law Review, 2011)
The struggle to define the contours of the legal regime and to correctly communicate those expectations to the broader audience of civilians is a recurring problem that is integrally related to the current evolution of ...