Vol. 89:3
Categories: In Print, In Print - Table of Contents, Volume 89, Volume 89-3, Volumes | Posted: March 20, 2012
Archive for the 'Volume 89-3' Category
Like Deck Chairs on the Titanic: Why Spectrum Reallocation Won’t Avert the Coming Data Crunch but Technology Might Keep the Wireless Industry Afloat
Americans have a seemingly insatiable appetite for wireless bandwidth. Global mobile data traffic has grown at an annual rate exceeding 140 percent each year since 2008, and it is predicted to increase another 26-fold by 2015. Spurred by increasing adoption of smartphones and tablet computers, growth in the U.S. has outpaced worldwide averages, with [...]
Social Networking v. The Employment-at-Will Doctrine: A Potential Defense for Employees Fired for Facebooking, Terminated for Twittering, Booted for Blogging, and Sacked for Social Networking
Everyone is doing it: Grandma Margaret, Ginkgo the Black Labrador, and even President Obama have all jumped into the social networking craze via Facebook and a host of other social media options now available in cyberspace. With more than 800 million active Facebook users, over half of which visit the site daily, more than 181 [...]
How ‘Reasonable’ Has Become Unreasonable: A Proposal for Rewriting the Lasting Legacy of Jackson v. Indiana
Inquiry into a defendant’s competence to stand trial has been termed “the most significant mental health inquiry pursued in the system of criminal law.” As a result, competency to stand trial is one of the most widely debated concepts in criminal jurisprudence. Proposals for upheaval and revision of the doctrine of competence to stand [...]
Marginalizing Risk
A major focus of finance is reducing risk on investments, a goal commonly achieved by dispersing the risk among numerous investors. Sometimes, however, risk dispersion can cause investors to underestimate and under-protect against risk. Risk can even be so widely dispersed that rational investors individually lack the incentive to monitor it. This Article examines the [...]
Theorizing Mental Health Courts
To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in forty-three states. This Article examines the two utilitarian justifications proposed by mental health court advocates—therapeutic jurisprudence and therapeutic rehabilitation—and finds both insufficient. Therapeutic jurisprudence is inadequate to justify mental health courts because of its inability, by definition, [...]
