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Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai Dec 2006

Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai

Alaska Law Review

No abstract provided.


Why We Need Global Standards For Corporate Disclosure, Allen L. White Jul 2006

Why We Need Global Standards For Corporate Disclosure, Allen L. White

Law and Contemporary Problems

After two years of gradual revelations concerning undisclosed information on suicidal risks to children on antidepressants, a federal advisory committee in Sep 2004 recommended that such drugs be labeled to alert physicians and consumers of this risk. The antidepressant story is noteworthy in its own right, shedding light on the tangled web of legal, regulatory, economic, and ethical issues surrounding disclosure practices in the pharmaceutical industry. The complex interworkings of an emerging global economy make it necessary for corporate standards for disclosure to be established and enforced.


Improving Prosecutorial Decision Making: Some Lessons Of Cognitive Science, Alafair S. Burke Mar 2006

Improving Prosecutorial Decision Making: Some Lessons Of Cognitive Science, Alafair S. Burke

William & Mary Law Review

No abstract provided.


Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule Feb 2006

Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule

Michigan Law Review

Most academics who have written on coercive interrogation believe that its use is justified in extreme or catastrophic scenarios but that nonetheless it should be illegal. They argue that formal illegality will not prevent justified use of coercive interrogation because government agents will be willing to risk criminal liability and are likely to be pardoned, acquitted, or otherwise forgiven if their behavior is morally justified. This outlaw and forgive approach to coercive interrogation is supposed to prevent coercive interrogation from being applied in inappropriate settings, to be symbolically important, and nonetheless to permit justified coercive interrogation. We argue that the …


The Political Dynamics Of Corporate Legislation: Lessons From Israel, Yael T. Ben-Zion Jan 2006

The Political Dynamics Of Corporate Legislation: Lessons From Israel, Yael T. Ben-Zion

Fordham Journal of Corporate & Financial Law

No abstract provided.


Linking Trade And Labor Standards: Prioritizing The Right Of Association, Risa L. Lieberwitz Jan 2006

Linking Trade And Labor Standards: Prioritizing The Right Of Association, Risa L. Lieberwitz

Cornell International Law Journal

No abstract provided.


Three Thoughts Concerning Just Linkage, Daniel Markovits Jan 2006

Three Thoughts Concerning Just Linkage, Daniel Markovits

Cornell International Law Journal

No abstract provided.


International Trade And Labor Standards: A Proposal For Linkage, Christian Barry, Sanjay G. Reddy Jan 2006

International Trade And Labor Standards: A Proposal For Linkage, Christian Barry, Sanjay G. Reddy

Cornell International Law Journal

No abstract provided.


The Beleaguered Gatekeeper: Protection Challenges Posed By Unhcr Refugee Status Determination, Michael Kagan Jan 2006

The Beleaguered Gatekeeper: Protection Challenges Posed By Unhcr Refugee Status Determination, Michael Kagan

Scholarly Works

The number of individual Refugee Status Determination (RSD) applications received by United Nations High Commissioner for Refugees (UNHCR) offices worldwide nearly doubled from 1997 to 2001, while UNHCR’s RSD operations have been criticized for failing to implement basic standards of procedural fairness. Yet, although there is some literature critiquing how UNHCR determines refugee status, there is little literature examining whether UNHCR should do so, and if it should, when, where, and under what conditions.

UNHCR performance of RSD poses protection challenges because it is founded on a basic contradiction. On the one hand, government action is essential for effective refugee …


Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin Jan 2006

Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin

Michigan Law Review

Thanks to the vision of Omri Ben-Shahar and the excellence of the scholars contributing to this symposium, students of the law of commercial exchange transactions will now understand how important and interesting, and indeed exciting, boilerplate really is. The various presentations are so rich that my assigned task of commentary cannot approach an adequate summation. Instead of attempting such a task, therefore, I will take up a slightly different one. My commentary will relate some of the ideas presented in the symposium to two themes that I think are significant for the groundwork of contract today: the growing modularity of …