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Articles 1 - 30 of 80
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Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes
Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes
Journal of Criminal Law and Criminology
No abstract provided.
The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu
Journal of Criminal Law and Criminology
No abstract provided.
The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan
The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra
Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra
Journal of Criminal Law and Criminology
No abstract provided.
No Means No: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew R. Lyon
No Means No: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew R. Lyon
Journal of Criminal Law and Criminology
No abstract provided.
Current Issues Of E.U. Competition Law: The New Competition Enforcement Regime, The Symposium On European Competition Law , Philip Lowe
Current Issues Of E.U. Competition Law: The New Competition Enforcement Regime, The Symposium On European Competition Law , Philip Lowe
Northwestern Journal of International Law & Business
On May 1, 2004, two major reforms of the EC competition enforcement regime are expected to enter into force: the modernization of antitrust enforcement, based on Regulation 1/2003,1 and the review of the European merger control system. In this contribution, I will outline the main principles underlying these reforms. In Part I, I will focus on the instruments the Commission intends to adopt early in 2004 in order to guarantee the efficient functioning of Regulation 1/2003, the so-called modernization package. Subsequently, in Part II, I will present the guiding principles of the future merger control in Europe, as they result …
Role Of Judicial Review In Merger Control, The Symposium On European Competition Law , Mark Clough
Role Of Judicial Review In Merger Control, The Symposium On European Competition Law , Mark Clough
Northwestern Journal of International Law & Business
This article explains the role of judicial review in European Community ("EC") Merger Control ("ECMR") by reference to the Airtours case and three other important recent judgments of the European Court of First Instance ("CFI") (Schneider, Tetra Laval and Lagardére), all decided in 2002. Article 230 of the EC Treaty, which governs actions for annulment of acts adopted by the EC Institutions "on the grounds of lack of competence, infringement of an essential procedural requirement, infringement of this [EC] Treaty or of any rule of law relating to its application, or misuse of powers," is considered only in the context …
Chronopost V. Ufex: The Paradoc Of The Competing Monopolist Symposium On European Competition Law , Alessandra Fratini, Andrea Carta
Chronopost V. Ufex: The Paradoc Of The Competing Monopolist Symposium On European Competition Law , Alessandra Fratini, Andrea Carta
Northwestern Journal of International Law & Business
On July 3, 2003, in the Chronopost judgment, the European Court of Justice ("ECJ" or "the Court") defined the conditions under which a public undertaking, enjoying a legal monopoly for the provision of services of general interest, can provide services to its subsidiaries without infringing Article 87(1) of the EC Treaty. The impact of this judgment on European Community ("EC") state aid policy and public services is potentially large, in both legal and practical terms. The ruling casts light on the real dilemma underlying the application of state aid rules to the circumstances of the case: how to allow public …
Injury Investigations In "Material Retardation" Antidumping Cases, Prakash Narayanan
Injury Investigations In "Material Retardation" Antidumping Cases, Prakash Narayanan
Northwestern Journal of International Law & Business
Despite the criticisms of economists to antidumping measures, they continue to be the most often used trade remedy measure. A new trend that may be observed is the use of the "material retardation" standard of injury to demonstrate injury to domestic industry that is one of the requirements for imposing antidumping duty. It is essential to be wary of this trend as unlike the other two types of injury, the WTO lacks specific guidelines for the use of this standard. The general rules in the Antidumping Agreement are unsuitable for the situations where the material retardation standard is relevant, and …
Test Of Multilateralism In International Trade: U.S. Steel Safeguards, Y.S. Lee
Test Of Multilateralism In International Trade: U.S. Steel Safeguards, Y.S. Lee
Northwestern Journal of International Law & Business
The highly publicized safeguard measures applied by the United States to an array of steel products in 2002 became one of the biggest and most controversial trade disputes in recent history. Virtually all major trading nations in the world, including the European Community, Japan , China , Brazil , Korea , New Zealand , Switzerland and Norway , were the direct parties to this dispute with the United States . The contentious legal grounds of the U.S. safeguard measures, as well as the lack of adequate consultations between the United States and its trading counterparts, have brought the international community …
The Idea Of Natural Rights-Origins And Persistence, Brian Tierney
The Idea Of Natural Rights-Origins And Persistence, Brian Tierney
Northwestern Journal of Human Rights
No abstract provided.
The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel
The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel
Northwestern Journal of Human Rights
No abstract provided.
Demystifying The Madrid Protocol, John M. Murphy
Demystifying The Madrid Protocol, John M. Murphy
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Plus Ça Change. . . . How A French Court May Have Changed Internet Advertising Forever: Google France Fined For Selling Trademarked "Keywords", Brett August
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Use Of A Game Over: Emulation And The Video Game Industry, A White Paper, James Conley, Ed Andros, Priti Chinai, Elise Lipkowitz, David Perez
Use Of A Game Over: Emulation And The Video Game Industry, A White Paper, James Conley, Ed Andros, Priti Chinai, Elise Lipkowitz, David Perez
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Creating An Online Internet Tax: A Complex Construction?, Isaac J. Morris
Creating An Online Internet Tax: A Complex Construction?, Isaac J. Morris
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Actual Confusion In Trademark Infringement Litigation: Restraining Subjectivity Through A Factor-Based Approach To Valuing Evidence, Mark D. Robins
Actual Confusion In Trademark Infringement Litigation: Restraining Subjectivity Through A Factor-Based Approach To Valuing Evidence, Mark D. Robins
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark
Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson
How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen
Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
New Strategies For Owners Of Discontinued Brands, David S. Ruder
New Strategies For Owners Of Discontinued Brands, David S. Ruder
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
An Efficient Way To Improve Patent Quality For Plant Varieties, Katherine E. White
An Efficient Way To Improve Patent Quality For Plant Varieties, Katherine E. White
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen, M. Kristin Mace
The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen, M. Kristin Mace
Journal of Criminal Law and Criminology
No abstract provided.
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
Journal of Criminal Law and Criminology
No abstract provided.
Driver Race, Ethnicity, And Gender And Citizen Reports Of Vehicle Searches By Police And Vehicle Search Hits: Toward A Triangulated Scholarly Understanding, Richard J. Lundman
Driver Race, Ethnicity, And Gender And Citizen Reports Of Vehicle Searches By Police And Vehicle Search Hits: Toward A Triangulated Scholarly Understanding, Richard J. Lundman
Journal of Criminal Law and Criminology
No abstract provided.
Capital Punishment, Execution Publicity And Murder In Houston, Texas, Lisa Stolzenberg, Stewart J. D'Alessio
Capital Punishment, Execution Publicity And Murder In Houston, Texas, Lisa Stolzenberg, Stewart J. D'Alessio
Journal of Criminal Law and Criminology
No abstract provided.
Order Maintenance Reconsidered: Moving Beyond Strong Causal Reasoning, David Thacher
Order Maintenance Reconsidered: Moving Beyond Strong Causal Reasoning, David Thacher
Journal of Criminal Law and Criminology
No abstract provided.
U.S. Domestic Prosecution Of The American International Sex Tourist: Efforts To Protect Children From Sexual Exploitation, Sara K. Andrews
U.S. Domestic Prosecution Of The American International Sex Tourist: Efforts To Protect Children From Sexual Exploitation, Sara K. Andrews
Journal of Criminal Law and Criminology
No abstract provided.