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The contents of the January-February 2015 issue of the Yale Law Journal (Volume 124, Number 4) are: Articles: • "Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications," John C. Coates IV • "Beyond the Indian Commerce Clause," Gregory Ablavsky Essays: • "On Evidence: Proving Frye as a Matter of Law, Science, and History," Jill Lepore • "The End of Jurisprudence," Scott Hershovitz Notes: • "Against the Tide: Connecticut Oystering, Hybrid Property, and the Survival of the Commons," Zachary C.M. Arnold • "Perceptions of Taxing and Spending: A Survey Experiment," Conor Clarke & Edward Fox Comments: • "The Psychology of Punishment and the Puzzle of Why Tortfeasor Death Defeats Liability for Punitive Damages," Roseanna Sommers • "The Case for Regulating Fully Autonomous Weapons," John Lewis • "From Child Protection to Children's Rights: Rethinking Homosexual Propaganda Bans in Human Rights Law," Ryan Thoreson Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.
The contents of Yale Law Journal's April 2015 issue (Volume 124, Number 6) include: * Article, "The Constitutional Duty To Supervise," by Gillian E. Metzger * Article, "Architectural Exclusion: Discrimination and Segregation Through Physical Design of the Built Environment," by Sarah Schindler * Feature, "Fifty Attorneys General, and Fifty Approaches to the Duty To Defend," by Neal Devins & Saikrishna Bangalore Prakash * Note, "Executive Orders in Court," by Erica Newland ' * Comment, "Stare Decisis and Secret Law: On Precedent and Publication in the Foreign Intelligence Surveillance Court," by Jack Boeglin & Julius Taranto Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.
The contents of the June 2015 issue (Volume 124, Number 8) of the Yale Law Journal are: Article, "The New Corporate Web: Tailored Entity Partitions and Creditors' Selective Enforcement," Anthony J. Casey Note, "A Reassessment of Common Law Protections for 'Idiots,'" Michael Clemente Feature: Arbitration, Transparency, and Privatization: "Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights," Judith Resnik "Arbitration and Americanization: The Paternalism of Progressive Procedural Reform," Amalia D. Kessler "Arbitration’s Counter-Narrative: The Religious Arbitration Paradigm," Michael A. Helfand "Disappearing Claims and the Erosion of Substantive Law," J. Maria Glover Feature, "Constitutional Law in an Age of Proportionality," Vicki C. Jackson Quality digital formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes. This ebook is the last issue of the academic year 2014-2015, Number 8 of Volume 124. It includes a cumulative Index for the volume.
The contents of the May 2015 issue (Volume 124, Number 7) are: Articles • Defining and Punishing Offenses Under Treaties, Sarah H. Cleveland & William S. Dodge • Administrative Severability Clauses, Charles W. Tyler & E. Donald Elliott Notes • Class Ascertainability, Geoffrey C. Shaw • The Right To Be Rescued: Disability Justice in an Age of Disaster, Adrien A. Weibgen • Expanding Conscience, Shrinking Care: The Crisis in Access to Reproductive Care and the Affordable Care Act’s Nondiscrimination Mandate, Elizabeth B. Deutsch Features • Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics, Douglas NeJaime & Reva B. Siegel • Legal Scholarship for Judges, Diane P. Wood Book Review • The Banality of Racial Inequality, Richard R.W. Brooks Comment • Federal Sentencing Error as Loss of Chance, Kate Huddleston Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.
The contents of the March 2015 issue (Volume 124, Number 5) are: Articles: • “Article III Judicial Power, the Adverse-Party Requirement, and Non-Contentious Jurisdiction” by James E. Pfander & Daniel D. Birk • “Beyond Diversification: The Pervasive Problem of Excessive Fees and 'Dominated Funds' in 401(k) Plans” by Ian Ayres & Quinn Curtis • “The Uneasy Case for Favoring Long-Term Shareholders” by Jesse M. Fried • “Deviance, Aspiration, and the Stories We Tell: Reconciling Mass Atrocity and the Criminal Law” by Saira Mohamed Notes: • “Mitigating Jurors’ Racial Biases: The Effects of Content and Timing of Jury Instructions” by Elizabeth Ingriselli • “How To Eat an Elephant: Corporate Group Structure of Systemically Important Financial Institutions, Orderly Liquidation Authority, and Single Point of Entry Resolution” by Kwon-Yong Jin • “Public Actors, Private Law: Local Governments’ Use of Covenants To Regulate Land Use” by Noah M. Kazis Comment: • “Methodological Stare Decisis and Intersystemic Statutory Interpretation in the Choice-of-Law Context” by Grace E. Hart Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.
The October 2014 issue of The Yale Law Journal (the first for academic year 2014-2015) features new articles, notes, and comments on law and legal theory. Contents include: • Article, "Self-Help and the Separation of Powers," by David E. Pozen • Article, "Criminal Attempts," by Gideon Yaffe • Note, "The Rise of Institutional Mortgage Lending in Early Nineteenth-Century New Haven," by Steven J. Kochevar • Comment, "SEC 'Monetary Penalties Speak Very Loudly,' But What Do They Say? A Critical Analysis of the SEC's New Enforcement Approach," by Sonia A. Steinway • Comment, "Contract After Concepcion: Some Lessons from the State Courts," by James Dawson This quality ebook edition features linked notes, active Contents, active URLs in notes, and proper Bluebook formatting. The Oct. 2014 issue is Volume 124, Number 1.
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
The December 2014 issue of The Yale Law Journal (the 3rd of academic year 2014-2015) features new articles on law and legal theory by internationally recognized scholars. Contents include: • Article, "The Limits of Enumeration," by Richard Primus • Article, "Rules Against Rulification," by Michael Coenen • Feature, "Romanticizing Democracy, Political Fragmentation, and the Decline of American Government," by Richard H. Pildes • Note, "A 'Full and Fair' Discussion of Environmental Impacts in NEPA EISs: The Case for Addressing the Impact of Substantive Regulatory Regimes," by Sarah Langberg • Note, "Civil Servant Suits," by Alex Hemmer • Comment, "Jagged Edges," by Matthew Sipe • Comment, "Essential Data," by Zachary Abrahamson This quality ebook edition features linked notes, active Contents, active URLs in notes, and proper Bluebook formatting. The Dec. 2014 issue is Volume 124, Number 3.
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
The politics of domination with which the United States oppresses and exploits the Native Nations, is a violation of the intentions of the framers of the Constitution, and the meaning of the text itself. The arguments of the advocates of the genocide of the 1830s and their appeasers have come to determine the law, policy, and conduct of the United States, while the arguments of the opponents of what came to be known as the Trail of Tears have largely been forgotten, at least among non-Native people. By recovering these arguments, and allowing readers to explore large questions of law, justice, genocide, and politics in a context closely tethered to empirical evidence and careful argument, this book should facilitate more widespread understanding of the Native Nations’ rights to their treaty-guaranteed dominion over their own lands and perhaps help open communication between the American people and the peoples of the Native Nations; communication on which the emergence of what Martin Luther King, Jr. called “the beloved community” depends. Arguments over Genocide aims to reach a broad audience of college students, in courses on American History, Indigenous Studies, and the United States and the World, as well as in more specialized upper division courses on constitutional law, American/European imperialism, and resistance, independence, and decolonization movements. Individuals interested in the founding of the United States, in the Trail of Tears, and in 19th century American history should find the work compelling, as should legal practitioners in the field.