Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

American University Washington College of Law

2006

Discipline
Keyword
Publication
Publication Type

Articles 1 - 30 of 322

Full-Text Articles in Entire DC Network

Brief Of Amicus Curiae, The National Legislative Association On Prescription Drug Prices, The New Hampshire Medical Society, And Prescription Policy Choices In Support Of Defendant's Objection To Plaintiff's Motion For Preliminary Injunction, Sean Flynn Dec 2006

Brief Of Amicus Curiae, The National Legislative Association On Prescription Drug Prices, The New Hampshire Medical Society, And Prescription Policy Choices In Support Of Defendant's Objection To Plaintiff's Motion For Preliminary Injunction, Sean Flynn

Amicus Briefs

Plaintiffs in this case seek a preliminary injunction to prevent the enforcement of the New Hampshire Prescription Confidentiality Act, which protects consumers and the privacy interests of doctors in the state of New Hampshire from the increasingly common practice of using doctor-identifying information in prescription records to facilitate targeting of pharmaceutical marketing and gifts toward doctors who prescribe the most expensive drugs for their patients. This practice raises drug costs for all New Hampshire residents and compromises the professional autonomy of doctors. This brief addresses the failure of the plaintiffs to show that they are likely to succeed on the …


Creative Commons As Conversational Copyright, Michael Carroll Dec 2006

Creative Commons As Conversational Copyright, Michael Carroll

PIJIP Faculty Scholarship

Copyright law's default settings inhibit sharing and adaptation of creative works even though new digital technologies greatly enhance individuals' capacity to engage in creative conversation. Creative Commons licenses enable a form of conversational copyright through which creators share their works, primarily over the Internet, while asserting some limitation on user's right with respect to works in the licensed commons. More specifically, this chapter explains the problems in copyright law to which Creative Commons licenses respond, the methods chosen, and why the machine-readable and public aspects of the licenses are specific examples of a more general phenomenon in digital copyright law …


The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax Dec 2006

The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax

Articles in Law Reviews & Other Academic Journals

No abstract provided.


After Action Review (Aar) Of Attendance At The Brazilian Army Command And General Staff College, Gary Corn Nov 2006

After Action Review (Aar) Of Attendance At The Brazilian Army Command And General Staff College, Gary Corn

Articles in Law Reviews & Other Academic Journals

In 2005, I was the first member of the U.S. Army Judge Advocate General's Corps (JAG Corps) to attend a foreign command and general staff college (CGSC). This article provides a summary of my attendance at the Brazilian Army's Command and General Staff College-Escola de Comando e Estado Maior do Extrcito (ECEME). Through a unique series of events, I was selected and attended the Brazilian Army's ECEME, a ten-month CGSC equivalent, where I studied brigade and division-level operations through the lens of a foreign military. This rare opportunity not only afforded me a unique and valuable professional development experience, it …


What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson Oct 2006

What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson

Popular Media

The Swiss playwright and novelist Friedrich Durrenmatt (1921-90) is remembered among English-language audiences primarily as the author of the 1956 play, The Visit of the Old Lady. He is, however, a leading playwright and novelist, primarily of detective fiction, of Europe and the German language in the post-war period. This review from the Wall Street Journal examines the full body of his work in a three volume selection of his writings published by the University of Chicago. One important consideration is Durrenmatt's place as a German language writer, yet Swiss, rather than German, following the horrors of the Second World …


Islands Of Garbage Continue To Grow In Pacific, Ursula Kazarian Oct 2006

Islands Of Garbage Continue To Grow In Pacific, Ursula Kazarian

PEEL Alumni Scholarship

Hundreds of square miles of discarded plastic have formed islands on the high seas, created by drifting debris caught in the oceans’ currents. The islands are held together at the points where these currents merge, producing massive, rotating vortexes of trash visible to the human eye from afar. The largest of these islands, located in the Pacific Ocean midway between Hawaii and San Francisco and known as the “Eastern Garbage Patch,” is reportedly twice the size of Texas and continuing to grow. The slightly smaller “Western Garbage Patch” lurks off of the shores of Japan. Many more are growing around …


Fish Friendly Vineyards: Is Cooperative Conservation Enough?, Christine Erickson Oct 2006

Fish Friendly Vineyards: Is Cooperative Conservation Enough?, Christine Erickson

PEEL Alumni Scholarship

Over the past decade, Californians have witnessed ever increasing damage to the water quality and fish populations of the wine growing regions. Despite the best efforts of many winegrowers, agencies, and environmental groups, farming practices continue to exhaust certain species and violate provisions of the Endangered Species Act (“ESA”) and Clean Water Act (“CWA”). The lack of substantive law in this area makes conservation very difficult. Rather than settling for so-called incentive based voluntary programs, the time has come for California’s legislature to provide explicit and meaningful regulations to help safeguard California’s fish populations.


International Whaling Commission Indicates Potential Reversal Of Policy, Athena Kennedy, Jon Feldon Oct 2006

International Whaling Commission Indicates Potential Reversal Of Policy, Athena Kennedy, Jon Feldon

PEEL Alumni Scholarship

In June, the International Whaling Commission (“IWC”) held its 58th Annual Meeting in St. Kitts and Nevis and, for the first time since its inception in 1946, declared that it intends to reintroduce “controlled and sustainable” whaling of certain whale species.The 33-32 vote is purely declaratory and does not effect a change in the IWC’s ban on whaling, which would take a 75 percent vote to overturn. However, organizations across the globe call the vote an indication of a dramatic policy shift demonstrating an “abdication of responsibility by the global community” and a sign of IWC evolution from a conservational …


World News, Scott Johnson, Cari Shiffman, Daniel Winokur Oct 2006

World News, Scott Johnson, Cari Shiffman, Daniel Winokur

PEEL Alumni Scholarship

An August 2006 report by China’s Zhejiang Provincial Environmental Bureau (“ZPEB”) highlights continuing damage from petrochemical waste, heavy metals pollution, and overfishing to the Zhoushan fishery in the East China Sea. The Zhoushan fishery is among the largest in the East China Sea, and home to more than three hundred fish species, more than eighty shrimp and crab species, and more than 125 varieties of algae. The fishery accounts for ten percent of China’s total annual fish catches and fifty percent of total catches for the Zhe- jiang Province. The ZPEB study indicates that 81 percent of the 20,800 km2 …


Regulatory Frameworks For Water Resources Management: A Comparative Study By Salman M.A. Salman & David D. Bradlow The World Bank, 2006, Julia Yeagle Oct 2006

Regulatory Frameworks For Water Resources Management: A Comparative Study By Salman M.A. Salman & David D. Bradlow The World Bank, 2006, Julia Yeagle

PEEL Alumni Scholarship

Salman and Bradlow begin by observing that as water has become an increasingly scarce resource, many states have started to adopt legislation to address a variety of issues facing the water sector. Based on a state’s legislative response, the authors place it into one of three categories: (1) countries that have adopted comprehensive water statutes; (2) countries that are struggling to agree on a comprehensive statute; and (3) countries that have addressed water issues in provisions that are scattered throughout different laws and regulations.


Changing Tides: The Need For New Legislation To Prevent Algae Blooms, Marcel De Armas Oct 2006

Changing Tides: The Need For New Legislation To Prevent Algae Blooms, Marcel De Armas

PEEL Alumni Scholarship

Under normal conditions, many species of algae form the the same throughout all coastal waters: (1) increased water temaquatic and terrestrial animals. However, algae can grow out of control creating a large mass called a harmful algae bloom (“HAB”) that produces dangerous toxins and threatens both humans and aquatic animals. In 2003, Congress passed legislation promoting more research on HABs in an attempt to prevent the damaging effects of these blooms on our oceans and lakes. Nevertheless, even after Congress recognized that a single HAB can cost millions of dollars in damage, it has not passed any legislation aimed at …


Law And Terror, Kenneth Anderson Oct 2006

Law And Terror, Kenneth Anderson

Popular Media

This short policy article argues that both the Bush administration, in its final two years in office, and Congress have an obligation and interest in taking US counterterrorism policy beyond the current "war on terror" operated on the basis of executive power and discretion, to comprehensively institutionalize it for the long term through Congressional legislation. It argues that the Military Commissions Act of 2006 is mistakenly aimed merely at satisfying the narrow requirements of the Hamdan decision, and is far from the comprehensive legislation that institutionalizing counterterrorism policy requires in order both to have democratic legitimacy with the American people …


Conserving Marine Habitats, Eric A. Bilsky Oct 2006

Conserving Marine Habitats, Eric A. Bilsky

PEEL Faculty Scholarship

While the oceans are mostly out of sight, and therefore mostly out of mind, they make up the majority of our environment. They are a place where industrial food production relies on hunting rather than farming. But industrial food production relies on industrial equipment such as massive bottom trawl nets and scallop dredges that scrape across the seafloor. The use of these destructive tools has been compared to using bulldozers for hunting squirrels in the forest. The resulting impact is comparable to clear-cutting forests — but could be far more devastating. In 1998, scientists estimated that every two years, destructive …


Understanding Single-Firm Behavior: Empirical Perspectives Session, Jonathan Baker, Luke Froeb, Robert Marshall, Wally Mullin, David Reitman, F. Michael Scherer, Clifford Winston Sep 2006

Understanding Single-Firm Behavior: Empirical Perspectives Session, Jonathan Baker, Luke Froeb, Robert Marshall, Wally Mullin, David Reitman, F. Michael Scherer, Clifford Winston

Presentations

In 2006 and 2007, the Antitrust Division and the Federal Trade Commission (FTC) cohosted hearings on single-firm conduct and antitrust law. For more information, consult the hearings information page or contact the Legal Policy Section at singlefirmconduct@usdoj.gov.


Doomed Internationalist, Kenneth Anderson Sep 2006

Doomed Internationalist, Kenneth Anderson

Popular Media

Introduction. The neoconservative influence on American foreign policy has not had an enthusiastic response outside the United States. Its failure to bring peace and democracy to Iraq has now resulted in a spate of critiques in America itself, even from within the policy establishment. The highest-level defection has been that of Francis Fukuyama, author of The End of History and the Last Man (1992), the paean to the triumph of capitalism that became a canonical neoconservative text of the 1990's, articulating the transition from the Clinton administration to that of George W. Bush. In his new book, After the Neocons, …


The Governance Of The Imf: The Need For Comprehensive Reform, Daniel Bradlow Sep 2006

The Governance Of The Imf: The Need For Comprehensive Reform, Daniel Bradlow

Working Papers

This article argues that IMF's current governance arrangements suffer from being non responsive to key stakeholders, lack of accountability, non-representative decision making, lack of transparency, and poorly defined relations with other international organizations. These deficiencies have arisen because the IMF has failed to adapt its decision-making structure and procedures to its changing functions and role in the global economy. They have caused distortions in the IMF's relations with its member states, with non-state actors, and with other international organizations and problems with some of the IMF's interpretations of its articles. The article argues that the IMF cannot perform effectively until …


Economic Evidence In Antitrust: Defining Markets And Measuring Market Power In Paolo Buccirossi, Jonathan Baker, Timothy Bresnahan Sep 2006

Economic Evidence In Antitrust: Defining Markets And Measuring Market Power In Paolo Buccirossi, Jonathan Baker, Timothy Bresnahan

Articles in Law Reviews & Other Academic Journals

This paper addresses an important aspect of the interdisciplinary collaboration between law and economics: the use antitrust courts can and should make of empirical industrial organization economics, in light of the expansion of empirical knowledge generated during the last few decades. First we show how courts can apply what economists have learned about identification of alternative theories of industry structure and firm strategy to the problems of defining markets and determining whether market power has been exercised. We emphasize that the same analytic issues arise regardless of whether the evidence on these concepts is quantitative or qualitative. Second we show …


Wi-Fi Everywhere: Universal Broadband Access As Antitrust And Telecommunications Policy, Hannibal Travis Aug 2006

Wi-Fi Everywhere: Universal Broadband Access As Antitrust And Telecommunications Policy, Hannibal Travis

American University Law Review

No abstract provided.


Addressing Perceptions Of Procedural Unfairness In Compulsory Unitization By Appointing Neutral Experts, Gideon Wiginton Aug 2006

Addressing Perceptions Of Procedural Unfairness In Compulsory Unitization By Appointing Neutral Experts, Gideon Wiginton

American University Law Review

No abstract provided.


No Relief: Understanding The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Through The Rights/Remedies Framework, Tritia L. Yuen Aug 2006

No Relief: Understanding The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Through The Rights/Remedies Framework, Tritia L. Yuen

American University Law Review

No abstract provided.


The Bapcpa's Chilling Effect On Debtor's Councel, Alan Eisher Jun 2006

The Bapcpa's Chilling Effect On Debtor's Councel, Alan Eisher

American University Law Review

No abstract provided.


The Implications Of The Third Circuit's Armstrong Decision On Creative Corporate Restructuring: Will Strict Construction Of The Absolute Priority Rule Make Chapter 11 Consensus Less Likely?, Harvey R. Miller, Ronit J. Berkovich Jun 2006

The Implications Of The Third Circuit's Armstrong Decision On Creative Corporate Restructuring: Will Strict Construction Of The Absolute Priority Rule Make Chapter 11 Consensus Less Likely?, Harvey R. Miller, Ronit J. Berkovich

American University Law Review

No abstract provided.


The New Journalism? Why Traditional Defamation Laws Should Apply To Internet Blogs, Melissa A. Troiano Jun 2006

The New Journalism? Why Traditional Defamation Laws Should Apply To Internet Blogs, Melissa A. Troiano

American University Law Review

No abstract provided.


Pharmacy Conscience Clause Statutes: Constitutional Religious "Accommodations" Or Unconstitutional "Substaintial Burdens" On Women?, Melissa Duvall Jun 2006

Pharmacy Conscience Clause Statutes: Constitutional Religious "Accommodations" Or Unconstitutional "Substaintial Burdens" On Women?, Melissa Duvall

American University Law Review

No abstract provided.


A Few Lines, David G. Epstein Jun 2006

A Few Lines, David G. Epstein

American University Law Review

No abstract provided.


Testing The Limits Of Statutory Construction Doctrines: Deconstructing The 2005 Bankruptcy Act, John Rao Jun 2006

Testing The Limits Of Statutory Construction Doctrines: Deconstructing The 2005 Bankruptcy Act, John Rao

American University Law Review

No abstract provided.


The California Missions Preservation Act: Safeguarding Our History Or Subsidizing Religion?, Stacey L. Mahaney Jun 2006

The California Missions Preservation Act: Safeguarding Our History Or Subsidizing Religion?, Stacey L. Mahaney

American University Law Review

No abstract provided.


The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell May 2006

The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell

American University Law Review

No abstract provided.


Patent Law Decisions Of The Federal Circuit, Sasha Mayergoyz, Michael F. Harte, David Mckone, Amanda J. Hollis, Peter Moore, Jennifer L. Travers May 2006

Patent Law Decisions Of The Federal Circuit, Sasha Mayergoyz, Michael F. Harte, David Mckone, Amanda J. Hollis, Peter Moore, Jennifer L. Travers

American University Law Review

No abstract provided.


2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird May 2006

2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird

American University Law Review

No abstract provided.