3722 research outputs found
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April 2025 Poetry Month Display Photo 07
Photo of The book Lawyers, Poets, and that World We Call Law , edited by James Elkins from which poem Hadley v. Baxendale (by James McKenna) was drawn.https://scholarship.law.tamu.edu/poetry-month-2025-photos/1010/thumbnail.jp
Micro-Costs
The modern world is filled with tiny attentional impositions (cognitiveasks) that inflict small mental burdens (micro-costs) on virtually everyone, everywhere, all the time. Micro-costs make life worse, and everybody knows it. They sap collective energy; they lead to worse decisions; they exacerbate inequality; and they contribute to an overall sense of mismanagement in the world, a sentiment that readily pairs with destructive political impulses.
Yet the law has essentially ignored micro-costs-until now. In what follows, we construct a theory of micro-costs that gives the phenomenon analytic shape and charts a path forward for reform. Drawing on the insights of philosophy, economics, and cognitive science, we canvass the ways that micro-costs crowd out the best parts of life, impair cognitive performance, and inflame societal disaffection. Micro-costs are everywhere-cutting across otherwise-disparate spheres of life-because a host of technological, social, and organizational developments have made cognitive-asks cheaper, more valuable, and harder to avoid than in years past. Motivated by this diagnosis, the Article culminates with a number of ideas for regulating micro-costs on the ground
The discursive contributions of debates on intellectual property and human rights
This chapter revisits the debate on intellectual property and human rights to explore questions that can facilitate the study of the interactions between intellectual property law and other areas of law. It begins by documenting the historical evolution of the debate on intellectual property and human rights. It traces the debate\u27s origins to the panel on 9 November 1998 that the World Intellectual Property Organization and the Office of the United Nations High Commissioner for Human Rights jointly organized to commemorate the fiftieth anniversary of the Universal Declaration of Human Rights. The chapter further explores the discursive contributions of a robust human rights debate in the intellectual property area, a robust intellectual property debate in the human rights area, and a robust debate on intellectual property and human rights
Introduction to Cooperating Over Shared Freshwater Resources Using International Law
International water law (IWL) comprises the legal regime that governs the relations of nations over their freshwater resources. It provides a framework for the conduct of states in relation to the regulation, allocation, management, and protection of transboundary freshwater bodies, including rivers, lakes, wetlands, and aquifers. It also provides a set of legal tools that nations can utilize when seeking cooperation and addressing disputes over internationally shared freshwater resources (Wouters, 2005). From the substantive norms of equitable and reasonable utilization and of no significant harm to the procedural principles of prior notification and exchange of information, these tools have evolved and been applied in various contexts to address growing water challenges around the world. Among others, these include rising demand, dwindling supplies, inequitable distribution, and environmental changes due to climatic and other phenomena, as well as the need to meet emerging ecological, cultural, and other prioritie
Inclusive Prosperity
Gentrification affects almost every American city to varying degrees, involving different parties with different interests. While positive changes are associated with gentrification, low-income individuals are often displaced from their communities due to increased rent costs and property values. Throughout our nation’s history, the federal government has offered tax incentives to those who invest in low-income areas that have historically suffered disinvestment. These tax incentives encourage investment by providing tax benefits and minimal investment constraints. However, because investors are not required to tailor their investments to meet the needs of communities, the unintended consequence of these programs is that residents do not typically benefit and are instead displaced from their communities. There is little in the current literature that proposes how economic development tax incentives should be practically designed to ensure community members are not displaced.
This Article argues that communities can undergo development without displacing current residents through economic development tax incentives that promote inclusive prosperity—ensuring that all members benefit from the development. These incentives should be calibrated to prioritize the needs of existing residents. I propose providing tax incentives to investors who pay residents a livable wage, who invest directly in nonprofits that have community members on their boards, or who invest directly in a community fund that can provide residents with rent and homeownership resources.
Economic development tax incentives can be designed to promote inclusive prosperity by providing the most lucrative tax incentives to investors who contribute capital directly to communities or to locally based nonprofit organizations. As an example of what this sort of investment can achieve, this Article highlights the Dudley Street Neighborhood Initiative, a nonprofit organization in Boston, Massachusetts, which illustrates how, if the above proposals are implemented, communities can develop without displacing residents
Public Funds, Public Functions, Private Actors: The Cognitive Dissonance of US Health Law
This chapter begins with the evolution of American medicine from a “sovereign” self-regulating profession focused on direct patient service to a large industry that serves the social sector but that, because of its professional heritage, receives extensive public subsidies without equivalent public accountability. Next, the chapter identifies regulatory dynamics in American health care governance that structurally discourage movement from the prevailing, if dissonant, private law framework to one explicitly grounded in public law. The chapter concludes by highlighting the challenges and opportunities inherent in a private law approach to what is intuitively a public law domain
April 2025 Poetry Month Display Photo 05
Unforseeable, a poem by Susan Ayres along side her book of poems Red Cardinal, White Snow (2024) which contains the poemhttps://scholarship.law.tamu.edu/poetry-month-2025-photos/1008/thumbnail.jp
April 2025 Poetry Month Poster Photo
Photo of National Poetry Month poster 18 by 24 inches created by Lillian Velez on display April 2026https://scholarship.law.tamu.edu/poetry-month-2025-photos/1001/thumbnail.jp
From Myriad to Moderna: The Modern (Bio)Pharmaceutical Company
This Article examines the emergence of two modern pharmaceutical companies: Myriad and Moderna. After providing a brief background on each company, this Article contrasts them across the following areas: the technologies they have brought to market; their location; their start-up stages and the role that venture capital played in catalyzing their evolution from start-ups to large corporate structures; their relationships with other entities in the private sector, in academia and in the public sector; and their intellectual property and licensing strategies