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2006

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Articles 1 - 30 of 11281

Full-Text Articles in Law

Differences Without Distinctions: Boyle's Government Contractor Defense Fails To Recognize The Critical Differences Between Civilian And Military Plaintiffs And Between Military And Non-Military Procurement, John L. Watts Dec 2006

Differences Without Distinctions: Boyle's Government Contractor Defense Fails To Recognize The Critical Differences Between Civilian And Military Plaintiffs And Between Military And Non-Military Procurement, John L. Watts

Oklahoma Law Review

No abstract provided.


Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson Dec 2006

Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson

Faculty Scholarship

Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial disparities in the criminal justice system where invidious bias is difficult to establish, the Court invites advocates to pursue legislation as a remedy to racial disparities. Indeed, the McCleskey Court offers as a rationale for its ruling the judiciary's institutional incompetence to remedy these disparities, holding that "McCleskey's ...


Sentencing For The 'Crime Of Crimes': The Evolving 'Common Law' Of Sentencing Of The International Criminal Tribunal For Rwanda, Robert Sloane Dec 2006

Sentencing For The 'Crime Of Crimes': The Evolving 'Common Law' Of Sentencing Of The International Criminal Tribunal For Rwanda, Robert Sloane

Faculty Scholarship

Absent much prescriptive guidance in its Statute or other positive law, the International Criminal Tribunal for Rwanda (ICTR) has been developing, in effect, a 'common law' of sentencing for the most serious international crimes: genocide and crimes against humanity. While it remains, as the Appeals Chamber has said, premature to speak of an emerging 'penal regime', and the coherence in sentencing practice that this denotes, this comment offers some preliminary reflections on the substantive law and process of sentencing as it has evolved through ICTR practice. Above all, I argue, sentencing must, but has not yet, become an integral part ...


Legal Interoperability Issues In International Cooperation Measures To Secure The Maritime Commons, Craig Allen Dec 2006

Legal Interoperability Issues In International Cooperation Measures To Secure The Maritime Commons, Craig Allen

Books

Contains papers submitted at a workshop sponsored by the William B. Ruger Chair of National Security Economics, Newport, Rhode Island 6-8 November, 2006.


Front Matter Dec 2006

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Back Matter Dec 2006

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr. Dec 2006

Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr.

Faculty Scholarship

In recent years, proposals have been made to replace the federal income tax with a postpaid consumption tax - that is, a federal value added tax ("VAT"), a federal retail sales tax ("RST"), or a federal cash-flow (consumed income) tax. Because these taxes can be constructed so that they are indistinguishable at the level of the ultimate consumer in terms of their principal effects, and because a prominent recent proposal is the RST approach, I have written this article in terms of an RST/income tax comparison. The analysis, however, would be mostly the same if the income tax was compared ...


Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen Dec 2006

Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen

Faculty Scholarship

International institutions are almost exclusively reactive to violations of international law. There are very few systemic methods of proactively trying to prevent egregious violations such as genocide; rather, international law seems to take punishing violators as its sole approach. In modern times, most of the punishment and post-event enforcement has come through international courts and tribunals. These courts and tribunals are astoundingly expensive and notoriously inefficient. More importantly, the threat of prosecution does not appear to act as an effective deterrent in preventing criminal acts. This is unacceptable. With hundreds of thousands of lives at stake, the international community must ...


Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin Dec 2006

Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin

Faculty Scholarship

No abstract provided.


Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt Dec 2006

Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt

Faculty Scholarship

No abstract provided.


What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt Dec 2006

What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt

Faculty Scholarship

No abstract provided.


Masthead Dec 2006

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Mayer, Brown, Rowe & Maw, Michele Villagran Dec 2006

Mayer, Brown, Rowe & Maw, Michele Villagran

Faculty Publications

Mayer, Brown, Rowe & Maw is one of the nation’s largest corporate law firms with offices in seven US cities and eight cities overseas. The firm, founded in 1881, has headquarters in Chicago, with offices in New York, Los Angeles, Houston, Charlotte, Washington D.C. and Palo Alto. Overseas offices are in London, Paris, Brussels, Berlin, Frankfurt, Cologne, Shanghai and Beijing. The firm has more than 1300 attorneys and 566 partners. We spoke with Michelle Lucero, Legal Information Manager and Director of the Houston Office.


To Carry It On: A Decade Of Deaning After Haywood Burns, Kristin Booth Glen Dec 2006

To Carry It On: A Decade Of Deaning After Haywood Burns, Kristin Booth Glen

City University of New York Law Review

No abstract provided.


Shanara Gilbert: A Zealous Advocate, Susan Bryant Dec 2006

Shanara Gilbert: A Zealous Advocate, Susan Bryant

City University of New York Law Review

No abstract provided.


Haywood Remembrances: Faculty And Staff, Penelope Andrews, Frank Deale, John Farago, Victor M. Good, Cathy Larsen, Julie Lim Dec 2006

Haywood Remembrances: Faculty And Staff, Penelope Andrews, Frank Deale, John Farago, Victor M. Good, Cathy Larsen, Julie Lim

City University of New York Law Review

No abstract provided.


The Rehnquist Court And The "Turnerization" Of Prisoners' Rights, James E. Robertson Dec 2006

The Rehnquist Court And The "Turnerization" Of Prisoners' Rights, James E. Robertson

City University of New York Law Review

No abstract provided.


How Clark V. Arizona Imprisoned Another Schizophrenic While Signaling The Demise Of Clinical Forensic Psychology In Criminal Courts, Henry F. Fradella Dec 2006

How Clark V. Arizona Imprisoned Another Schizophrenic While Signaling The Demise Of Clinical Forensic Psychology In Criminal Courts, Henry F. Fradella

City University of New York Law Review

No abstract provided.


Deviant Dreams: Extreme Associates And The Case For Porn, Sienna Baskin Dec 2006

Deviant Dreams: Extreme Associates And The Case For Porn, Sienna Baskin

City University of New York Law Review

No abstract provided.


Environmental Justice, Community Empowerment, And The Role Of Lawyers In Post-Katrina New Orleans, Janell Smith, Rachel Spector Dec 2006

Environmental Justice, Community Empowerment, And The Role Of Lawyers In Post-Katrina New Orleans, Janell Smith, Rachel Spector

City University of New York Law Review

Working together toward a common goal often requires mobilizing the strength and energy of many groups of people, all of whom share the same passion for accomplishing that goal. Hurricane Katrina and its devastating effect on the environment and communities in New Orleans and the Gulf Coast has done exactly that, bringing together numerous coalitions of concerned individuals who share the determination to clean up and improve New Orleans and the Gulf region. This Article addresses how lawyers from around the country can work with local advocates on reconstruction efforts in New Orleans in a way that increases, rather than ...


An Empirical Study Of The Multifactor Tests For Trademark Infringement, Barton Beebe Dec 2006

An Empirical Study Of The Multifactor Tests For Trademark Infringement, Barton Beebe

California Law Review

No abstract provided.


Toward A New Student Insurgency: A Critical Epistolary, Rachel Anderson, Marc-Tizoc Gonzalez, Stephen Lee Dec 2006

Toward A New Student Insurgency: A Critical Epistolary, Rachel Anderson, Marc-Tizoc Gonzalez, Stephen Lee

California Law Review

No abstract provided.


Future Navies - Present Issues, Jane G. Dalton Dec 2006

Future Navies - Present Issues, Jane G. Dalton

International Law Studies

No abstract provided.


Introduction (Volume 82) Dec 2006

Introduction (Volume 82)

International Law Studies

No abstract provided.


An Australian Perspective On The Icrc Customary International Humanitarian Law Study, Timothy L.H. Mccormack Dec 2006

An Australian Perspective On The Icrc Customary International Humanitarian Law Study, Timothy L.H. Mccormack

International Law Studies

No abstract provided.


The Icrc Customary International Humanitarian Law Study, Yoram Dinstein Dec 2006

The Icrc Customary International Humanitarian Law Study, Yoram Dinstein

International Law Studies

No abstract provided.


The American Red Cross And International Humanitarian Law Dissemination, Lucy Brown Dec 2006

The American Red Cross And International Humanitarian Law Dissemination, Lucy Brown

International Law Studies

No abstract provided.


Teaching The Law Of Armed Conflict To Armed Forces: Personal Reflections, David Lloyd Roberts Dec 2006

Teaching The Law Of Armed Conflict To Armed Forces: Personal Reflections, David Lloyd Roberts

International Law Studies

No abstract provided.


War, Technology, And The Law Of Armed Conflict, Michael N. Schmitt Dec 2006

War, Technology, And The Law Of Armed Conflict, Michael N. Schmitt

International Law Studies

No abstract provided.


Chemical Agents And "Expanding" Bullets" Limited Law Enforcement Exceptions Or Unwarranted Handcuffs?, Kenneth Watkin Dec 2006

Chemical Agents And "Expanding" Bullets" Limited Law Enforcement Exceptions Or Unwarranted Handcuffs?, Kenneth Watkin

International Law Studies

No abstract provided.