Digital Commons Network^™

A Public View Of Attorney Discipline In Florida: Statistics, Commentary, And Analysis Of Disciplinary Actions Against Licensed Attorneys In The State Of Florida From 1988-2002

Articles in Law Reviews & Other Academic Journals

A review of Florida Bar discipline from documents available to the public from 1988-2002.

Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi

Amicus Briefs

Amicus on behalf of the Internet Archive and the CCIA, requesting the Supreme Court of the United States to deny the petition for certiorari in the MGM v. Grokster case.

Declaration On Issues Of The Laws Of War, Corporate Liability And Other Issues Of International Law In Agent Orange Ats Litigation, Kenneth Anderson

Congressional and Other Testimony

This 2004 expert declaration was offered on behalf of defendant corporations in Agent Orange litigation heard before Judge Jack Weinstein in 2005 as part of an Alien Tort Statute action by Vietnamese individuals and associations. I have posted it to SSRN because of the numerous requests I have had for it, and as it has been cited in scholarship.The Declaration starts by offering a basic discussion of the sources of international and in particular customary international law and the meaning and role of opinio juris, and their relation to ATS cases following the Sosa case. It then addresses laws of …

A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck

Articles in Law Reviews & Other Academic Journals

In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that adversely affect their ability to do and stay in business. This article focuses on analyzing which methods small businesses should use in constructing their dispute resolution provisions and how to avoid errors in drafting and negotiation.

Anthrax Hoaxes, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist2 and who was condemned by the media.3 Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond.4 Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …

Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte

PEEL Alumni Scholarship

Latin America is a unique continent in many respects. Its vicious colonial history, characterized by the enslavement of indigenous peoples and the extraction of limitless wealth by occupying powers, left modern society to cope with a legacy of oppression. However, many critics believe that post-colonial marginalization of Native Latin Americans is largely equivalent to the oppression attributed to the colonial architects. Much of this abuse has occurred in the name of development: expansive industrialization projects that overtake indigenous lands and decimate cultures. However, in Latin America, which is a patchwork of nations plagued by large populations of rural and urban …

Overview Of Prior Informed Consent From And International Perspective, Melanie Nakagawa

PEEL Alumni Scholarship

Prior Informed Consent ("PIC") is an important and timely topic because it raises and melds significant issues in the international community beyond those that involve the protection of human health and the environment. PIC is considered by many as both arising from and being an extension of several United States laws, specifically the Toxic Substances Control Act ("TSCA") of 1976. This is because TSCA includes provisions on export notification and conditions requiring the United States Environmental Protection Agency ("EPA") to implement specific measures to control potential hazards associated with chemical substances or mixtures that present or will present an unreasonable …

Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay

PEEL Faculty Scholarship

The World Bank Group (“WBG”) is a notable exception despite two major reviews, both commissioned by the WBG, which recommend incorporation of FPIC into WBG policy and practice with special reference to indigenous peoples. The first was the World Commission on Dams, which made detailed recommendations in relation to FPIC, all of which were rejected by the WBG. The second, and focus of this article, the World Bank’s Extractive Industries Review (“EIR”), is presently under consideration by WBG management prior to submission to the Board of Directors. In a leaked January 2004 WBG management response to the EIR’s Final Report, …

Econometric Methods In Staples, Jonathan Baker, Orley Ashenfelter, David Ashmore, Suzanne Gleason, Daniel Hosken

Articles in Law Reviews & Other Academic Journals

Econometrics played a major role in the investigation and litigation of the Federal Trade Commission's successful challenge to the proposed merger between two office superstore chains, Staples and Office Depot. Our goal in writing this essay is to describe the econometric issues at stake in evaluating the FTC's central claim that the price charged by office supply superstores was related to the number and identity of superstore firms participating in the market. Similar statistical models were relied upon by the FTC and the merging firms to analyze pricing. Our discussion of these models highlights the advantages and disadvantages of alternative …

African Environmental Information Network: Improving Enforcement And Compliance Within Africa, Shelly Dill

PEEL Alumni Scholarship

AEIN is a multi-stake holder capacity building network dedicated to supporting sustainable development planning in Africa. AEIN is spearheaded by the United Nations Environment Program (“UNEP”) Regional Office for Africa and UNEP Division of Early Warning and Assessment (“UNEP-DEWA”), located in Nairobi, Kenya. UNEP-DEWA focuses on building capacity for early warning and environmental assessment, thereby ensuring that proper mechanisms are in place for sustainable development. The AEIN is intended to bolster Africa’s inadequate institutional capacity by addressing the following problems: the lack of harmonized efforts for environmental assessment and reporting; poor compliance and enforcement; and the lack of integrated environmental …

Cities In Africa: An Examination Of Domestic Implementation And Compliance, Yvonne Fiadjoe

PEEL Alumni Scholarship

This paper is divided into four parts. Part One provides a brief overview of CITES and background to the African situa- tion. Part Two details some of the problems which have impeded the implementation of CITES in Africa. Part Three then discusses recommendations and proposals to ensure compliance with CITES in signatory countries of the African region. Part Four provides a conclusion to this study.

An Environmental Agenda For The Future: Preserving The Environment And Strengthening The Economy, Liz Klein

PEEL Alumni Scholarship

This article provides an introduction to some of the components necessary for a comprehensive environmental agenda for the future. Such an agenda must include recognition and reward of sustainable corporate practices, increased emphasis on the value of stakeholder partnerships, and a strong government regulatory scheme supported by vigilant enforcement.

The Inece Indicators Project: Improving Environmental Compliance And Enforcement Through Performance Measurement, Kenneth J. Markowitz, Krzysztof Michalak

PEEL Alumni Scholarship

The ECE Indicators will be used to evaluate capabilities and effectiveness of environmental compliance and enforcement programs at national, regional, and international levels. They will also serve as a tool for communicating government actions to decision-makers and the general public and helping to identify training, technology, and funding resources. While the indicators will be scaled to accommodate needs of countries at varying levels of development, their ultimate aim is to achieve sustainable development goals through improved environmental governance on national, regional and global scales. This article provides background information on the project development process, describes progress to date, and concludes …

Power To The People: How The Coming Energy Revolution Will Transform An Industry, Change Our Lives, And Maybe Even Save The Planet By Vijay Vaitheeswaran, Matt Brown

PEEL Alumni Scholarship

Power to the People is full of challenges. That is not to say it is a difficult read. Rather, it challenges many assumptions of environmentalists as well as those of oil barons and coal tycoons. No one is safe from Vaitheeswaran’s scathing equal- opportunity critique. ExxonMobil boss, Lee Raymond, is singled out for leading his company in a backward looking way without giving due notice to the future of energy beyond oil. Bill Clinton and Al Gore’s poor leadership during the Kyoto climate summit negotiations are also subjected to the author’s scorn. The book does not seek to serve as …

World News, Lydie Edwards, Kirk Herbertson, Dave Herbertson

PEEL Alumni Scholarship

In February, the United States Agency for International Development (“USAID”), the International Institute of Tropical Agriculture, and the Shell Petroleum Development Company (“SPDC”) signed an agreement to implement a $20 million development program in the Niger Delta of Nigeria. Shell is the largest producer of Nigerian oil. The purpose of the program is to diversify the source of livelihoods in the impoverished region. Shell will contribute $15 million, and USAID will contribute $5 million, towards the development of a large-scale cassava enterprise. Shell plans to continue signing similar agreements with other international development agencies in an effort to ease the …

Independent Study On Best Practices, Including Recommendations, To Assist States In Strengthening Their Domestic Capacity To Combat All Aspects Of Impunity, By Professor Diane Orentlicher, Diane Orentlicher

Reports

Transmits: Independent study on best practices, including recommendations, to assist States in strengthening their domestic capacity to combat all aspects of impunity / by Diane Orentlicher.

Economists And Lawyers Roundtable, Jonathan Baker, R. Hewitt Pate, William Baer, Wayne "Dale" Collins, James Loftis, James Rill, Daniel Rubinfeld, Robert Willig, Dennis Carlton

Presentations

This three-day workshop brought together prominent practitioners, academics and enforcement officials to discuss the Horizontal Merger Guidelines. The workshop explored state-of-the-art application of the Guidelines by those with the most experience using them. In preparation for this workshop, the Agencies released data associated with their enforcement efforts.

Coordinated Effects, Jonathan Baker, Michael Knight, Andrew Dick, Paul Yde, Deborah Majoras, Steven Salop, David Scheffman

Presentations

This three-day workshop brought together prominent practitioners, academics and enforcement officials to discuss the Horizontal Merger Guidelines. The workshop explored state-of-the-art application of the Guidelines by those with the most experience using them. In preparation for this workshop, the Agencies released data associated with their enforcement efforts.

On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips

PIJIP Faculty Scholarship

In one of his first speeches soon after being sworn in as a commissioner of the Federal Communications Commission, Michael Powell bemoaned the lack of an angel's visit to give him a clearer understanding of the guiding standard in broadcast regulation - the public interest. Without a clear message as to the public interest, he declared the standard too vague.

Five years later, and now serving as Chairman, Powell leads the charge for even further deregulation of the already deregulated broadcast industry. The most recent FCC decision relaxed a wide range of media ownership regulations remaining on the books and …

Addressing Staff Sexual Misconduct With Offenders Curriculum (Instructor’S Guide: Staff Sexual Misconduct With Offenders)_2004, Brenda V. Smith, Morris L. Thigpen, Allen Ault, Anadora Moss, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Susan Mccampbell

Reports

Addressing Staff Sexual Misconduct with Offenders is a 36-hour training program that focuses on the complex issues surrounding staff sexual misconduct with offenders in all correctional settings. This training is designed for correctional policy makers, agency managers and administrators, and community leaders who influence correctional policy.

In this guide you will find a suggested program agenda for this training which will provide the instructor with a snap-shot of the training program as a whole. You will also find an overview of each training module, resources you will need, and activities which you may find helpful in the execution of the …

Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona

Articles in Law Reviews & Other Academic Journals

In Changing Channels and Bridging Divides: The Failure and Redemption of American Broadcast Television Regulation Professor Varona analyzes how the Supreme Court, Congress and the FCC have defined the legal duties of commercial broadcasters throughout the maturation of the television industry. First, he shows how the public trustee doctrine has failed, with broadcasters today airing very little 'public interest' programming. Second, he examines how and why the FCC has failed to effectively elucidate and enforce the public trustee doctrine, focusing on the irreconcilable First Amendment and commercial tensions inherent in the public trustee doctrine since its inception and the 'capture' …

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins

Articles in Law Reviews & Other Academic Journals

The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence northe opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,without due process of law[.]” While prosecutors may offer many justifications to support the practice of namingunindicted co-conspirators, these reasons do not withstand …

Introduction To Symposium On Integrating New Economic Learning With Antitrust Doctrine, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

Many participants in the music industry consider unauthorized transmissions of music files over the Internet to be theft of their property. Many Internet users who exchange music files reject this characterization. Prompted by the dispute over unauthorized music distribution, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing music making in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some …

One Man's Token Is Another Woman's Breakthrough - The Appointment Of The First Women Federal Judges, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny M. Roberts

Articles in Law Reviews & Other Academic Journals

No abstract provided.