Young Scholars Law最新文献_第2页

Judge-Made Contracts: Reconstructing Unconscionable Contracts 法官制定的合同:重构不合情理的合同

Young Scholars Law Pub Date : 2006-12-01 DOI: 10.2139/ssrn.953669

Aristides N. Hatzis, Eleni Zervogianni

引用次数: 3

Antitrust Analysis of Bundled Discounts 捆绑折扣的反垄断分析

Young Scholars Law Pub Date : 2006-11-29 DOI: 10.2139/ssrn.948484

T. Lambert

引用次数: 1

Access to Global Disease Innovation 获得全球疾病创新

Young Scholars Law Pub Date : 2006-11-15 DOI: 10.2139/ssrn.884241

K. Outterson

引用次数: 0

The Rise and Fall of Private Sector Unionism: What Next for the Nlra? 私营部门工会主义的兴衰:Nlra的下一步是什么?

Young Scholars Law Pub Date : 2006-09-26 DOI: 10.2139/ssrn.939495

B. Hirsch, Jeffrey M. Hirsch

引用次数: 9

Raising the Burden of Proof: A Default Rule for Remedying the Under-Funding of Indigent Defense 举证责任的提高:救济贫困辩护资金不足的默认规则

Young Scholars Law Pub Date : 2006-09-15 DOI: 10.2139/SSRN.930710

Adam M. Gershowitz

{"title":"Raising the Burden of Proof: A Default Rule for Remedying the Under-Funding of Indigent Defense","authors":"Adam M. Gershowitz","doi":"10.2139/SSRN.930710","DOIUrl":"https://doi.org/10.2139/SSRN.930710","url":null,"abstract":"Indigent defense in America is woefully under-funded. While prior reform efforts have been valiant, they unfortunately have been unsuccessful. For the most part, courts have been unwilling to inject themselves into difficult funding decisions. And when courts have become involved and issued favorable decisions, the benefits have been only temporary because once the pressure of litigation disappears so does a legislature's desire to appropriate more funding. This article proposes an alternative framework designed to assuage courts' concerns about micro-managing budget decisions, while at the same time imposing continuous pressure on legislatures to ensure proper funding. This article proposes that if an indigent defense system is under-funded, the state supreme court should impose a default rule raising the burden of proof to convict indigent defendants to \"beyond all doubt\" for the subsequent year. The legislature will then have the opportunity to opt out of this higher burden of proof by providing enough funding to bring defense lawyers' caseloads within well-recognized standards or by providing funding parity with prosecutors' offices. Such an approach will create an incentive for legislatures to adequately fund indigent defense without miring courts in detailed supervision of legislative budget decisions. At the same time, because courts can check once per year to determine whether there is funding parity with prosecutors' offices or compliance with caseload guidelines, there will be constant pressure on legislatures to maintain adequate funding in order to avoid the higher burden of proof. This approach should prevent improvements in indigent defense funding from dissipating over time.","PeriodicalId":337945,"journal":{"name":"Young Scholars Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123648652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Selective Affinities: On the American Reception of Hans Kelsen's Legal Theory 选择性亲和:论美国人对汉斯·凯尔森法律理论的接受

Young Scholars Law Pub Date : 2006-04-06 DOI: 10.2139/SSRN.895561

D. A. J. Telman

{"title":"Selective Affinities: On the American Reception of Hans Kelsen's Legal Theory","authors":"D. A. J. Telman","doi":"10.2139/SSRN.895561","DOIUrl":"https://doi.org/10.2139/SSRN.895561","url":null,"abstract":"Hans Kelsen (1881-1973), who lived and taught in the United States for over three decades, was one of those emigre intellectuals whose \"style of thinking,\" as H. Stuart Hughes put it, \"withered or barely held [its] own in the new American setting.\" Kelsen's relative obscurity in the U.S. legal academy continues despite a recent revival of interest in German legal theory among U.S. academics. Oddly enough, that revival of interest, which has been spearheaded by self-described post-Marxists and other progressives seeking to develop a new critique of liberalism, has not focused on Kelsen and his social-democratic critics, instead latching onto the writings of Kelsen's Nazi nemesis, Carl Schmitt. Interest in Schmitt has continued to grow, as reflected in the recent writings of America's leading legal economics and law theorist, Richard Posner. Still, one finds surprisingly little American legal scholarship addressing Kelsen's writings. This Article explores the reasons underlying the rejection by the U.S. legal academy of Kelsen's brand of legal positivism and proposes that Kelsen's theories can assist the American legal academy as it continues to struggle to address the problem of indeterminacy in adjudication.","PeriodicalId":337945,"journal":{"name":"Young Scholars Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129407520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Homo Sacer, Homosexual: Some Thoughts on Waging Tax Guerrilla Warfare 同性恋者:关于发动税收游击战的一些思考

Young Scholars Law Pub Date : 2006-03-23 DOI: 10.1017/CBO9780511609800.037

Anthony C. Infanti

引用次数: 2

Patents, Essential Medicines, and the Innovation Game 专利、基本药物和创新游戏

Young Scholars Law Pub Date : 2003-12-05 DOI: 10.2139/SSRN.458620

D. Opderbeck

{"title":"Patents, Essential Medicines, and the Innovation Game","authors":"D. Opderbeck","doi":"10.2139/SSRN.458620","DOIUrl":"https://doi.org/10.2139/SSRN.458620","url":null,"abstract":"Current international patent rules strike an uneasy balance between conflicting views about patents. The precarious nature of this balancing act is illustrated by the recent heated debate about the conditions under which compulsory licenses will be available for certain essential medicines under the Trade Related Aspects of Intellectual Property (TRIPS) agreement. That debate produced a compromise that will do little to fix the essential medicines problem. This paper argues that the recent debate was misplaced because it ignored differing elasticities of demand between developed and developing country markets. Demand elasticity is a primary driver of the utility of patent rules. If demand is inelastic, strong patent protection allows the patent owner to charge a price premium and the social cost of the patent monopoly is minimized. If demand is elastic, however, the justification for strong patent protection evaporates. In a demand elastic market, the patent owner cannot sustain supercompetitive pricing, and the social cost of such pricing is high. This paper argues that the level of patent protection in developing countries is irrelevant when there is inelastic demand and a relatively large market in developed countries. The author supports this argument with a game theory analysis of the essential medicines debate. The author's analysis shows that, at least with respect to essential medicines for which there is strong demand in developed countries, the level of patent protection in developing countries makes no difference. The author concludes that the international patent system governing such products should allow greater flexibility for generic imitator competition in developing country markets.","PeriodicalId":337945,"journal":{"name":"Young Scholars Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121573778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 15

A Note on Death Penalty Executions and Business Cycles in U.S. Federal States: Is There Any Nexus? 关于美国联邦州死刑执行和商业周期的说明:两者之间有联系吗?

Young Scholars Law Pub Date : 2003-12-01 DOI: 10.2139/ssrn.517765

Bernd Süssmuth

引用次数: 0

Beyond Profiling: Race, Policing, and the Drug War 超越侧写:种族、警察和毒品战争

Young Scholars Law Pub Date : 2002-10-18 DOI: 10.2139/ssrn.478481

R. R. Banks

{"title":"Beyond Profiling: Race, Policing, and the Drug War","authors":"R. R. Banks","doi":"10.2139/ssrn.478481","DOIUrl":"https://doi.org/10.2139/ssrn.478481","url":null,"abstract":"This Article aims to recast debate about race, policing, and the drug war by critically examining its central features. There are numerous efforts to identify and eliminate racial profiling, which is frequently depicted as an important cause of the widespread investigation and mistreatment of innocent blacks and Latinos. My argument, in brief, is that policymakers should abandon efforts to ferret out and eliminate racial profiling. This conclusion rests on three observations. First, efforts to prove racial profiling often will founder on empirical findings that invite contrary interpretations. Second, if officers engage in racial profiling because it helps them to apprehend drug traffickers, then efforts to eliminate the practice without altering drug policy may be futile or counterproductive. Finally, the problems most commonly associated with racial profiling do not necessarily turn on whether officers actually engage in racial profiling. These problems could persist in the absence of racial profiling or be meaningfully addressed without actually eliminating racial profiling. Instead, policy reform should address the race-related consequences of the drug war, particularly the high level of incarceration of racial minorities. The racial concentration of incarceration poses issues of distributional fairness and may also increase aggregate social costs. The strategic brilliance of the campaign against racial profiling is that it reduces complex issues to the simple and arresting image of the irrational and racially discriminatory investigation of innocent people. Yet, in doing so it may obscure, rather than identify, remedies for the problems that arise at the intersection of race, policing, and the drug war.","PeriodicalId":337945,"journal":{"name":"Young Scholars Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131640825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 45