Columbia Law Review最新文献_第5页

Truth and Justice in Sierra Leone: Coordination between Commission and Court 塞拉利昂的真相与正义:委员会与法院之间的协调

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2004-04-01 DOI: 10.2307/4099329

Elizabeth M. Evenson

引用次数: 46

Diffusion of Local Regulatory Innovations: The San Francisco Cedaw Ordinance and the New York City Human Rights Initiative 地方监管创新的传播:旧金山《消除对妇女歧视条例》和纽约市人权倡议

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2004-04-01 DOI: 10.2307/4099330

Stacy Laira Lozner

引用次数: 30

The Political Economy of Entitlement 权利的政治经济学

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2004-04-01 DOI: 10.2307/4099328

David A. Super

{"title":"The Political Economy of Entitlement","authors":"David A. Super","doi":"10.2307/4099328","DOIUrl":"https://doi.org/10.2307/4099328","url":null,"abstract":"Debates over \"entitlements\" have lacked conceptual clarity because the term has at least six analytically distinct meanings. The psychological \"entitlements\" that many attack are distinct from the legalistic \"entitlements\" that others champion. Most importantly, however, entitlements are economic concepts. A benefit provided to all claimants meeting stated eligibility requirements can be termed a \"responsive entitlement', its antithesis is a program that arbitrarily caps participation. Similarly, a program whose benefits are defined by the amount required to accomplish some specific purpose is a 'functional entitlement\"; it may be juxtaposed with one providing only an arbitrary sum. The market through which public sentiments and claimants' needs govern the generosity of benefits and the number of recipients served can be described in terms offamiliar supply and demand functions. Responsive entitlements allow that market to clear. Artificially capping participation, by contrast, creates the same inefficiencies economists decry in pricecontrolled markets. Benefits lacking functional entitlements also may distort private markets. Moreover, entitlements are crucial to maintaining political transparency. Without them, programs' scope, benefits, and eligibility requirements must be described in arbitrary terms few voters can comprehend. Voters tend to assume programs are entitlements, overestimating the support available to those programs' target populations. Confusion among types of entitlements, and the complexity inherent in nonentitlements, further impedes meaningful debate. Recognizing this, some liberals have sought to avoid debate about costs by creating nonentitlements that they can slowly expand. Conversely, some opponents of means-tested programs have shifted from attacking programs' funding to dismantling responsive and functional entitlements.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"104 1","pages":"633"},"PeriodicalIF":2.9,"publicationDate":"2004-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/4099328","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68754725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10

Corporate Criminal Liability: Patchwork Verdicts and the Problem of Locating a Guilty Agent 公司刑事责任:拼凑的判决与确定犯罪代理人的问题

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2004-03-01 DOI: 10.2307/4099301

Stacey Neumann Vu

引用次数: 4

The Capital Punishment Exception: A Case for Constitutionalizing the Substantive Criminal Law 死刑例外:实体刑法的宪法化案例

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2004-03-01 DOI: 10.2307/4099300

Daniel Suleiman

引用次数: 1

Intellectual Property and Constitutional Norms 知识产权与宪法规范

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2004-03-01 DOI: 10.2139/SSRN.453261

Thomas B. Nachbar

{"title":"Intellectual Property and Constitutional Norms","authors":"Thomas B. Nachbar","doi":"10.2139/SSRN.453261","DOIUrl":"https://doi.org/10.2139/SSRN.453261","url":null,"abstract":"The paper examines a question of general interpretive significance about the relationship between enumerated powers within the particular context of intellectual property. Specifically, the paper asks whether Congress can avoid the restrictions on its intellectual property power (such as the \"limited times\" requirement or the prohibition against protecting facts and consequently electronic databases) by resorting instead to other Article I powers, most notably the Commerce Clause. It is my position that the Intellectual Property Clause stands as no barrier to legislation passed pursuant to another Section 8 power. Because of the nature of a government of enumerated powers, it is impossible as a matter of text or structure to determine whether limits on one Article I power apply to the others. A review of precedent confronting overlapping Section 8 powers in other contexts leads one to a more nuanced approach: to identify the values underlying the different Section 8 restrictions and whether they are worthy of general application - whether they represent constitutional norms. What follows is an attempt to identify such a norm in the Intellectual Property Clause, as reflected by the First Amendment, present in Supreme Court precedent, or demonstrated by the history surrounding the Intellectual Property Clause's inclusion in the Constitution. Once one closely examines the history of intellectual property and American trade regulation, it becomes clear that no such generally applicable norm is at work in the limits on Congress's intellectual property power. The economics of trade regulation, demonstrate that, far from unique, the intellectual property power is economically indistinguishable from other forms of trade regulation - any benefit conferred by means of an exclusive right could be conferred in some other way, such as through taxation or industry regulation. Furthermore, finding such a limit would require a rejection of our modern understanding of the commerce power and would turn the concept of enumerated powers on its head. In the end, \"exclusive rights\" are merely another form of regulation that Congress may, and frequently does, use to confer economic rents on favored special interests. The Constitution, it will come as no surprise, offers very little protection against rent-seeking.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"104 1","pages":"272"},"PeriodicalIF":2.9,"publicationDate":"2004-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.453261","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67736082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Trademark Dilution on the Constitutional Edge 宪法边缘上的商标稀释

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2004-01-01 DOI: 10.2307/4099351

B. Jacobs

引用次数: 8

Ruth Bader Ginsburg's Jurisprudence of Opportunity and Equality 鲁斯·巴德·金斯伯格的《机会与平等的法理学》

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2004-01-01 DOI: 10.2307/4099346

D. J. Merritt, D. Lieberman

{"title":"Ruth Bader Ginsburg's Jurisprudence of Opportunity and Equality","authors":"D. J. Merritt, D. Lieberman","doi":"10.2307/4099346","DOIUrl":"https://doi.org/10.2307/4099346","url":null,"abstract":"Two timeless women embody the ideals of our nation. In New York Harbor, the Statue of Liberty proclaims: \"Give me your tired, your poor, / Your huddled masses yearning to breathe free ... .\"1 In Washington, D.C., the statue Contemplation of Justice sits solemnly before the main entrance to the Supreme Court of the United States.2 Above her head, on the building's architrave, appear the words \"Equal Justice Under Law.\" These two promises, of opportunity and equality, have marked our nation's vision since its founding. The pledge of \"equal justice under law\" is a profound one, positing a judicial system free of corruption and favoritism as well as one that disdains distinctions of class and caste. The true achievement of our country has been not merely the original expression of this idea, but our willingness to expand our commitment, gradually, to include propertyless white men, former male slaves, other men of color, women of all races, people with disabilities, gay and lesbian citizens, and others within the circle originally reserved for the propertied white men who founded our nation. We began with a transcendent principle, but we have also had the humility to recognize our failings and to revise our behavior to draw closer to our ideal.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"29 1","pages":"39"},"PeriodicalIF":2.9,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/4099346","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68755548","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Ruth Bader Ginsburg, Professor of Law 露丝·巴德·金斯伯格，法学教授

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2004-01-01 DOI: 10.2307/4099343

H. Kay

引用次数: 4

Properties of Marriage 婚姻的性质

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2004-01-01 DOI: 10.2307/4099349

Hanoch Dagan, Carolyn J. Frantz

引用次数: 33