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11,128 full-text articles. Page 199 of 208.

The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard 2010 University of Missouri School of Law

The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard

Faculty Publications

This article focuses on two concrete measures to improve the music industry prognosis. Public performance rights have long been an important piece of the economic pie that helps support the music business. This article suggests that the scope of public performance rights should be fundamentally reassessed and expanded. This expansion involves two specific and complementary reconfigurations.


Counting The Cost, Marc A. Clauson 2010 Cedarville University

Counting The Cost, Marc A. Clauson

History and Government Faculty Publications

No abstract provided.


Confident Uncertainty, Excessive Compensation & The Obama Plan, Michael B. Dorff 2010 Southwestern Law School

Confident Uncertainty, Excessive Compensation & The Obama Plan, Michael B. Dorff

Indiana Law Journal

Public outrage at the enormous bonuses TARP recipients paid to senior executives recently prompted the Obama administration to impose sweeping new curbs on executive compensation. Shortly thereafter, Senator Dodd added restrictions on executive bonuses to the stimulus bill President Obama subsequently signed. These are understandable political reactions, but will they achieve the twin goals of reducing executive compensation in recipients of federal assistance while spurring better corporate performance? To examine this question, I analyze excessive compensation as the product of "confident uncertainty, "the tendency of even the most sophisticated actors to place unwarranted confidence in their ability to predict the ...


An Empirical Assessment Of The Potential For Will Substitutes To Improve State Intestacy Statutes, Mary Louise Fellows, E Gary Spitko, Charles Q. Strohm 2010 University of Minnesota Law School

An Empirical Assessment Of The Potential For Will Substitutes To Improve State Intestacy Statutes, Mary Louise Fellows, E Gary Spitko, Charles Q. Strohm

Indiana Law Journal

No abstract provided.


Future Imperfect: Googling For Principles In Online Behavioral Advertising, Brian Stallworth 2010 Indiana University Maurer School of Law

Future Imperfect: Googling For Principles In Online Behavioral Advertising, Brian Stallworth

Federal Communications Law Journal

In a remarkably short time, Google, Inc. has grown from two people working in a rented garage to a pervasive Internet force. Much of Google's unprecedented success stems from online advertising sales which employ behavioral advertising techniques-techniques that track consumer behavior--thereby increasing relevance and decreasing the cost of reaching a targeted audience. In the same span that saw Google's inception and explosive online dominance, the Federal Trade Commission has struggled to define not only the privacy issues involved in online behavioral advertising, but also the practice of behavioral advertising itself. Freed from the restraints of comprehensive federal laws ...


Behavioral Advertisement Regulation: How The Negative Perception Of Deep Packet Inspection Technology May Be Limiting The Online Experience, Andrea N. Person 2010 Indiana University Maurer School of Law

Behavioral Advertisement Regulation: How The Negative Perception Of Deep Packet Inspection Technology May Be Limiting The Online Experience, Andrea N. Person

Federal Communications Law Journal

Privacy concerns associated with information available on the Internet has become a central focus for policymakers in Washington, D.C., and around the world. Specifically, the use of deep packet inspection (DPI) technology to offer behavioral advertising on the Internet has become the focus of policy discussions. While there are legitimate concerns related to improper use of this technology, the benefits of the proper use of DPI should not be overlooked. This Note asks how increasing regulatory barriers to limit online behavioral advertising could affect the consumer's experience online. To answer this question, this Note first looks at what ...


Protecting The Cloak And Dagger With An Illusory Shield: How The Proposed Free Flow Of Information Act Falls Short, Jill Laptosky 2010 Indiana University Maurer School of Law

Protecting The Cloak And Dagger With An Illusory Shield: How The Proposed Free Flow Of Information Act Falls Short, Jill Laptosky

Federal Communications Law Journal

Journalists who use secret sources may be presented with a staggering dilemma-disclose the source to comply with a subpoena or go to jail to protect the source. Despite the U.S. Supreme Court's holding in Branzburg v. Hayes (1972), most jurisdictions now recognize that journalists have a privilege not to disclose their confidential sources when compelled to do so by the government. While the degree of the privilege's protection varies across jurisdictions, the fact that such a privilege exists at all may surprise anyone who has read Branzburg, which held that the First Amendment cannot support the existence ...


Das Conversas, Paulo Ferreira da Cunha 2010 Universidade do Porto

Das Conversas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Sobre a Conversa, os discursos, o auto-biográfico, as (in)sinceridades, os géneros...


Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner MD 2010 University of Arkansas School of Law

Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner Md

Robert B Leflar

Column 5 (of 5) on the health reform debate


The Congress Within The Congress: How Tax Expenditures Distort Our Budget And Our Political Processes, Edward D. Kleinbard 2010 USC Law School

The Congress Within The Congress: How Tax Expenditures Distort Our Budget And Our Political Processes, Edward D. Kleinbard

University of Southern California Legal Studies Working Paper Series

Tax expenditures have grown in importance to the point where they are now the dominant instruments for implementing new discretionary spending policies, and operate at a cost in forgone revenues unmatched since the Tax Reform Act of 1986. While it is true that some forms of government intervention are best delivered through the tax system, it cannot be the case that neutral design principles would lead to a situation where the federal government spends twice as much through tax expenditures as it does through explicit discretionary spending programs.

This paper, the Fourteenth Annual Woodworth Memorial Lecture, is a meditation on ...


Reconstructing The Individual Mandate As An Escrow Account, Gregg D. Polsky 2010 University of North Carolina School of Law

Reconstructing The Individual Mandate As An Escrow Account, Gregg D. Polsky

Michigan Law Review First Impressions

The recent health care reform law's most controversial provision is the individual mandate, which imposes a fine on individuals who fail to obtain a minimum level of health insurance coverage. Many object to this policy, arguing that the government shouldn't force individuals to purchase health insurance. Others believe that the mandate is a necessary component to health care reform. What has been missed in the discussion is that Congress could restructure the individual mandate to avoid the requirement that individuals purchase health insurance while still fulfilling its principal function. The principal purpose of the mandate is not to ...


Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis 2010 American Energy Freedom Center

Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis

University of Richmond Law Review

No abstract provided.


The Dilemma Of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, Mathew McCubbins 2010 UC San Diego

The Dilemma Of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, Mathew Mccubbins

University of Southern California Legal Studies Working Paper Series

One of the oldest axioms about human decision-making is that knowledge is power. To be more specific, knowledge may enable people to make reasoned – that is, welfare improving – decisions. To determine whether this adage applies to voters with respect to ballot measures, we test four hypotheses. We find first that voters who know certain basic facts about an initiative vote similarly to voters who have knowledge of an information shortcut related to that initiative. We also show that many voters employ a “defensive no” strategy when faced with complex policy choices on the ballot. This reaction means that voters whose ...


Health Reform: Arkansas Impacts, Robert B. Leflar 2010 University of Arkansas School of Law

Health Reform: Arkansas Impacts, Robert B. Leflar

Robert B Leflar

Column 4 (of 5) on the health reform debate


Pensada Lei, Pensada Malícia. A Propósito Das Avaliações "De Desempenho" Aos Docentes, Paulo Ferreira da Cunha 2010 Universidade do Porto

Pensada Lei, Pensada Malícia. A Propósito Das Avaliações "De Desempenho" Aos Docentes, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

There is a widespread ignorance about what does and what it should do a university professor, lecturer or researcher. This will create dangerous myths about how teachers should be evaluated, because paying no attention to the nature of their labor, and resulting on the creation of deep injustice. It is feared that such systems to be implemented result in infinite time-consuming bureaucratic. Precious time that should be used in teaching and research. That may also pollute the environment by creating lethal enemies among teaching people, ending up in lengthy legal proceedings. This article seeks to make a diagnosis of myths ...


Por Uma Avaliação Objectiva, Paulo Ferreira da Cunha 2010 Universidade do Porto

Por Uma Avaliação Objectiva, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Com base em mitos educativos muito difundidos, e cavalgando o corcel do temor reverencial dos docentes antes o educativamente correcto, têm-se instalado perspectivas muito injustas sobre o que se deve e como se deve avaliaro dito "desempenho" dos professores, designadamente do ensino superior. Este artigo, sem discutir as questões filosóficas de base de toda a avaliação, procura minimizar os danos do processo em curso propondo concretos critérios de uma avaliação que não seja a manifestação do puro arbítrio dos poderes académicos pontuais, manipulando grelhas subjectivas e complexíssimas. Pretende, pois, uma avaliação justa, pela objectividade.


The Place Of 'Higher Law' In The Quotidian Practice Of Law: Herein Of Practical Reason, Natural Law, Natural Rights, And Sex Toys, Patrick McKinley Brennan 2010 1567

The Place Of 'Higher Law' In The Quotidian Practice Of Law: Herein Of Practical Reason, Natural Law, Natural Rights, And Sex Toys, Patrick Mckinley Brennan

Working Paper Series

The question of the place of higher law in the ordinary practice of law is even now dogged by the brooding omnipresence caricature. This Article seeks to introduce and apply a philosophically defensible account of natural law, the one defended by Thomas Aquinas, to various problematics of contemporary law and jurisprudence. The Article argues that such higher law is not so high as to be relevant only to sexy constitutional questions, as is often supposed, but to everything we do in law. The Article argues that liberals and conservatives alike should acknowledge both the place of natural law in the ...


Are Legislation And Rules A Problem In Law? Thoughts On The Work Of Joseph Vining, Patrick McKinley Brennan 2010 1567

Are Legislation And Rules A Problem In Law? Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan

Working Paper Series

Written for a conference at Villanova Law School held to celebrate and explore the work of Joseph Vining over forty years, this paper considers the adequacy of Vining’s phenomenology of law. Specifically, it inquires into the accuracy of Vining’s startling claims that “legislation is a problem in law, not central to law” and “rules are nowhere to be found” in law. The argument of the paper is that when -- but only when -- law is understood to be an ordinance of reason in the mind of him or them who have care of the community, for the common good ...


Derecho De La Seguridad Social En México, Bruno L. Costantini García 2010 ITESM Campus Puebla

Derecho De La Seguridad Social En México, Bruno L. Costantini García

Bruno L. Costantini García

Breve presentación del Derecho de la Segurida Social en México.

¿Qué es?

¿Cómo funciona?

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Presidential Control Of Administrative Agencies: A Debate Over Law Or Politics?, Cary Coglianese 2010 University of Pennsylvania

Presidential Control Of Administrative Agencies: A Debate Over Law Or Politics?, Cary Coglianese

Faculty Scholarship at Penn Law

No abstract provided.


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