6,565 research outputs found
Adam Smith and Roman Servitudes
No full textThis essay is a preprint of an article that appeared at: Tijdschrift voor Rechstsgeschiedenis, 72 (2004), 327–57.This essay discusses Adam Smith historical jurisprudence and his use of Roman law materials in his Lectures on Jurisprudence. It argues that Smith found it difficult to maintain his theory of legal development in the face of a highly developed body of Roman law literature
How Might Adam Smith Pay Professors Today?
No full textAdam Smith’s proposal for paying professors was intended to induce increased faculty knowledge. If students have imperfect information about what they learn, and universities can only imperfectly measure the input of faculty time in student learning, publications may be used to measure faculty knowledge. If professors’ ability to publish is positively related to their ability to produce student learning, which universities can imperfectly measure, publications may be necessary to attract more able professors. Since research signals faculty knowledge, schools that do not value publications per se could require higher publication standards and pay higher wages than schools that value only publications.
Utah Law Review 2011 Number 2
No full textTABLE OF CONTENTS: SYMPOSIUM: THE CARD ACT IN PERSPECTIVE: ONGOING EFFORTS TO FIND BALANCE IN CREDIT CARD REGULATION The CARD Act in Perspective: Ongoing Efforts to Find Balance in Credit Card Regulation Christopher L. Peterson; Rate-Jacking: Risk-Based & Opportunistic Pricing in Credit Cards Adam J. Levitin; Young Consumer Protection in the "Millennial" Age Eboni S. Nelson; Old Enough to Fight, Old Enough to Swipe: A Critique of the Infancy Rule in the Federal Credit CARD Act of 2009 Andrew A. Schwartz;ARTICLES The Procedure of Election Law in Federal Courts Joshua A. Douglas; Uses and Abuses of Textualism and Originalism in Establishment Clause Interpretation Carl H. Esbeck; A Sobering Look at Why Sunday Liquor Laws Violate the Sherman Act Elina Tetelbaum; NOTES Victims\u27 Rights in Context: Protecting Crime Victims under the Utah Supreme Courts\u27 Analysis of Rule 506(d)(1) Thomas E. Goodwin;Talkin\u27 ‘Bout a Revolution?: Utah Overhauls Its Rules of Civil Discovery Marc Therrie
Keynote Discussion: The Second Amendment in an Era of Mass Shootings
No full textKEYNOTE DISCUSSION: THE SECOND AMENDMENT IN AN ERA OF MASS SHOOTINGS
Robert J. Cottrol, Harold Paul Green Research Professor of Law, George Washington University School of Law
Adam Winkler, Professor of Law, UCLA School of La
Securities Law in the Supreme Court
No full textAdam C. Pritchard and Robert B. Thompson will discuss their book, A History of Securities Law in the Supreme Court, recently-published by the Oxford University Press. The book goes behind the curtain to see how securities law gets made at the Supreme Court, relying on the justices\u27 internal correspondence, memoranda and interviews with law clerks to see how the ideologies and personalities of the individual justices have shaped the path of securities law. Pritchard and Thompson will also discuss the implications of that history for the future of securities law in the Supreme Court and the modern administrative state. Speaker Bios
Adam C. Pritchard is the Frances and George Skestos Professor of Law at the University of Michigan, where he teaches corporate and securities law. His research focuses on securities class actions, Securities and Exchange Commission (SEC) enforcement and the history of securities law in the US Supreme Court. He is the author, with Stephen J. Choi, of Securities Regulation: Cases and Analysis, currently in its sixth edition.
Robert B. Thompson teaches courses in the corporate and securities area, including mergers and limited liability. He joined the Georgetown faculty in 2010 after visiting in 2009-10. Previous positions include service as the New York Alumni Chancellor’s Professor of Law and Professor of Management at Vanderbilt University and the George Alexander Madill Professor of Law at Washington University. He has visited at New York University and Northwestern University and has taught intensive courses at the University of Sydney. He has authored or co-authored casebooks on corporations and on mergers, treatises on Close Corporations and Oppression of Minority Shareholders and LLC Members, and more than 50 articles. Thompson has testified before committees of Congress, a state legislature and the New York Stock Exchange. He has served since 1991 as editor of the Corporate Practice Commentator, served as an adviser for the American Law Institute’s Restatement (Third) of Agency and chaired two sections of the Association of American Law Schools
Utah Law Review 2012 Number 1
No full textTABLE OF CONTENTS ARTICLES Law, Fact, and Discretion in the Federal Courts: An Empirical Study Robert Anderson IV 1 Bargained Justice: Plea-Bargaining\u27s Innocence Problem and the Brady Safety-Valve Lucian E. Dervan; Recantations Reconsidered: A New Framework for Righting Adam Heder & Wrongful Convictions Michael Goldsmith; Remedying the Misuse of Nature Sanne H. Knudsen; Due Process Denied: The Forgotten Constitutional Limits on Choice of Law in the Enforcement of Employee Covenants Not to Compete David A. Linehan; The Penguin and the Cartel: Rethinking Antitrust and Innovation Policy for the Age of Commercial Open Source Stephen M. Maurer; Class Action Defendants\u27 New Lochnerism Mark Moller; A Minimalist Approach to Same-Sex Divorce: Respecting States that Permit Same-Sex Marriages and States that Refuse to Recognize Them Robert E. Rains; The Common Law of Disability Discrimination Mark C. Weber; NOTES E-Verify During a Period of Economic Recovery and High Unemployment Emily Patten; Incentive for Innovation or Invitation to Inhumanity?: A Human Rights Analysis of Gene Patenting and the Case of Myriad Genetics Laurie E. Abbot
Remarks on Language and International Law
No full textThe main assumption behind this study is that the relationship between language and international law is particularly interesting due to the complexity and special nature of this relationship when compared to national law. The author focuses on some selected issues connected with the fact that from the legal point of view the multiplicity of languages in international law is an important factor affecting its interpretation. Due to this, apart from the issue of the dominant position of the English language in international law, the major focus of the study is on the specific problems associated with the interpretation of international treaties. The study suggests that there are certain intrinsic tensions and contradictions involved in the relationship between language and international law. The dominant position of English language in international law is at odds with the principle of sovereign equality laid down in the UN Charter, which entails equal opportunities for all nations to participate in the global legal discourse. Moreover, the interpretation of plurilingual treaties involves significant problems when it comes to the interpretation of authentic texts made in various languages, which need to be reconciled. In turn, the tensions between the meaning of terms used in international legal norms and their corresponding meaning in national legislation are addressed through the use of the autonomous method of interpretation. Moreover, considering the growing importance of the legitimacy of international law, the role of the language of international law in this context is also considered. The problems related to the problems of language in the context of international law outlined in this study confirm the need for further continuous and in-depth research in this field
Winning War Through Law in Afghanistan? Interview with Adam Baczko
No full textcontribution à un site webAdam Baczko is the author of a book entitled La guerre par le droit. Les tribunaux Taliban en Afghanistan ( War by Law. Taliban Courts in Afghanistan) published on 2 September by CNRS Editions within the series called “Logiques du désordre” he coedits with Adèle Blazquez, Martin Lamotte and Gilles Dorronsoro. Published three weeks after the Taliban took power in Afghanistan, this sadly very timely comparative study of the parallel legal system put in place by the Taliban for decades is likely to help us better understand more broadly the role of Law in war. Adam Baczko answers our questions on this issue and on his long-term research. Interview by Miriam Périer, CERI
Oberer Day
No full textLaw student Adam Pritchard as Dean Walter Oberer on Oberer Day, December 6, 2013
Is the Administrative State Morally Legitimate
No full textOn the evening of November 1, Catholic Law’s Project on Constitutional Originalism and the Catholic Intellectual Tradition (CIT) and The American Enterprise Institute (AEI) co-hosted a discussion of the morality of the administrative state. The discussion featured: Jennifer Mascott, Assistant Professor of Law, Antonin Scalia Law School, George Mason University; Paul J. Ray, Director, Thomas A. Roe Institute for Economic Policy Studies, The Heritage Foundation; Chad Squitieri, Assistant Professor of Law, The Catholic University of America Columbus School of Law; and Adam J. White, Senior Fellow, The American Enterprise Institute
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