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2006

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Articles 8161 - 8190 of 11654

Full-Text Articles in Law

From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, Peter K. Yu Jan 2006

From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, Peter K. Yu

Faculty Scholarship

In "From Pirates to Partners: Protecting Intellectual Property in China in the Twenty-First Century," I criticized the ineffectiveness and short-sightedness of the American foreign intellectual property policy toward China. As I argued, the coercive approach taken by the U.S. administrations created a "cycle of futility" in which China and the United States repeatedly threatened each other with trade wars, only to back down in the eleventh hour with a compromise that did not provide sustained improvements in intellectual property protection.

Since I wrote that article five years ago, China has joined the WTO and undertook a complete overhaul of ...


Horizontes Distópicos En La Literatura Infantil: El Caso De La Esclavitud En La Saga De Harry Potter, Luis Gomez Romero Jan 2006

Horizontes Distópicos En La Literatura Infantil: El Caso De La Esclavitud En La Saga De Harry Potter, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers

La voz utopía puede entenderse en dos sentidos. Habitualmente y en un sentido amplio, se ha convenido en remontar sus raíces a las voces griegas ού (no) y τόπος (lugar), esto es, el lugar que no existe. Sin embargo, también puede referirse a las raíces ευ (bueno) y τόπος (lugar): el buen lugar1 . En la etimología de la voz utopía se encuentra presente una ambigüedad que, al ser suprimida, confunde sus contenidos conceptuales: el “no lugar” (porque no es ahora, pero puede ser mañana) y el “buen lugar” (porque, ahora o mañana, debe ser). Con base en las acotaciones que ...


Appellate Review Of Racist Summations: Redeeming The Promise Of Searching Analysis, Ryan Patrick Alford Jan 2006

Appellate Review Of Racist Summations: Redeeming The Promise Of Searching Analysis, Ryan Patrick Alford

Michigan Journal of Race and Law

This Article addresses the question of the appropriate response of appellate counsel for Black defendants tarred at trial by the indirect deployment of powerful racial stereotypes. The crux of the problem is that even now, the courts only take exception to blatant racist appeals, even though indirectly racist summations can have a determinative impact at trial. In laying out the contours of the problem, we must draw upon the discipline of rhetoric, or persuasion through oration, to describe various techniques of intentional indirectness that prosecutors use to obviate the possibility of appellate review under the stringent standards of the Fourteenth ...


The End Of Preclearance As We Knew It: How The Supreme Court Transformed Section 5 Of The Voting Rights Act, Peyton Mccrary, Christopher Seaman, Richard Valelly Jan 2006

The End Of Preclearance As We Knew It: How The Supreme Court Transformed Section 5 Of The Voting Rights Act, Peyton Mccrary, Christopher Seaman, Richard Valelly

Michigan Journal of Race and Law

This Article’s analysis reveals that by the 1990s the intent, or purpose, prong of Section 5 had become the dominant basis for objections to discriminatory voting changes. During that decade an astonishing 43 percent of all objections were, according to this assessment, based on discriminatory purpose alone. Thus, a key issue for Congress in determining how to deal with the preclearance requirement of the Act due to expire in 2007-assuming it seeks to restore the protection of minority voting rights that existed before January 2000-is whether to revise the language of Section 5 so as to restore the long-accepted ...


Constitutional Cash: Are Banks Guilty Of Racial Profiling In Implementing The United States Patriot Act?, Cheryl R. Lee Jan 2006

Constitutional Cash: Are Banks Guilty Of Racial Profiling In Implementing The United States Patriot Act?, Cheryl R. Lee

Michigan Journal of Race and Law

This Article begins by comparing the concerns of American racial profiling to current terrorism concerns. Part II is an overview of the Bank Secrecy Act and its role in privacy issues concerning bank customers (as the predecessor to the USA Patriot Act). Here, the value of traditional reporting devices, specifically CTRs and SARs used by banks to alert law enforcement to possible terrorist activities, are discussed and evaluated. The facts suggest these reports have been ineffective in identifying terrorists, and have not only greatly infringed upon First Amendment privacy rights, but also diminished the Fourth Amendment protection against warrant-less searches ...


The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii Jan 2006

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii

Michigan Journal of Race and Law

This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court ...


Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee Jan 2006

Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee

Michigan Journal of Race and Law

This Note argues that certain Southeast Asian defendants should be able to use their families' refugee experience as well as their own economic and social marginalization in the U.S. as a partial excuse for their criminal acts. This argument draws its strength from both the socioeconomic deprivation of much of the Southeast Asian community and the linking of this reality to a careful analysis of the moral foundations of the criminal law. In essence, the American criminal justice system, which draws much of its moral force to punish from the theory of retributivism, cannot morally justify the full punishment ...


Ghosts Of Alabama: The Prosecution Of Bobby Frank Cherry For The Bombing Of The Sixteenth Street Baptist Church, Donald Q. Cochran Jan 2006

Ghosts Of Alabama: The Prosecution Of Bobby Frank Cherry For The Bombing Of The Sixteenth Street Baptist Church, Donald Q. Cochran

Michigan Journal of Race and Law

Perhaps no other crime in American history has shocked the conscience of America like the 1963 bombing of the Sixteenth Street Baptist Church in Birmingham, Alabama. In May of 2002- almost thirty-nine years after the bombing- Bobby Frank Cherry was brought to trial for the murders of Addie, Carole, Cynthia, and Denise. He was the last person to be tried for the bombing. As an Assistant United States Attorney in Birmingham, Alabama it was my privilege to be a part of the prosecution team that brought Cherry to justice. This Article tells the story of that prosecution and explores the ...


The Tribal Sovereign As Citizen: Protecting Indian Country Health And Welfare Through Federal Environmental Citizen Suits, James M. Grijalva Jan 2006

The Tribal Sovereign As Citizen: Protecting Indian Country Health And Welfare Through Federal Environmental Citizen Suits, James M. Grijalva

Michigan Journal of Race and Law

This Article suggests that federal environmental citizen suits can serve tribal sovereignty interests without presenting the legal risks tribes face when they attempt direct regulation of non-Indians. Section I briefly describes governmental regulatory roles tribes may play in the implementation of federal environmental law and policy. Section II overviews the conceptual and procedural framework for tribal claims as "citizens." Section III argues that in bringing environmental citizen suits, tribal governments exercise their inherent sovereign power and responsibility to protect the health and welfare of tribal citizens and the quality of the Indian country environment. Section IV concludes that, while suits ...


The Usa Patriot Act: A Policy Of Alienation, Kam C. Wong Jan 2006

The Usa Patriot Act: A Policy Of Alienation, Kam C. Wong

Michigan Journal of Race and Law

This Article provides a brief overview of how Muslims were treated after 9/11. It documents how the USAPA and related measures have been used to monitor, investigate, detain, and deport Muslim U.S. citizens in violation of their civil rights. Of particular importance, is how the life circumstances of the Muslims in America have changed for the worse as a result of zealous enforcement and discriminatory application of the USAPA. In so doing, this Article seeks to provide concrete facts and a rich context to ascertain the implications of 9/11 on American society.


Ethical Incentives For Employers In Adopting Legal Service Plans To Handle Employment Disputes, Michael Z. Green Jan 2006

Ethical Incentives For Employers In Adopting Legal Service Plans To Handle Employment Disputes, Michael Z. Green

Faculty Scholarship

Given the difficulties for employees in finding a lawyer to handle an employment dispute and with the growth of ADR, this article asserts that employers should adopt legal service plans as an employee benefit. It might seem counterintuitive for employers to provide their employees with a legal service benefit that may be used against them in employment disputes. However, comprehensive dispute resolution systems employ fair mechanisms that allow employees to resolve their disputes as soon as possible. Having sound legal counsel can become a major component of an employer's dispute resolution system because it offers a distinct human resource ...


Anticircumvention And Anti-Anticircumvention, Peter K. Yu Jan 2006

Anticircumvention And Anti-Anticircumvention, Peter K. Yu

Faculty Scholarship

In today's debate on digital rights management systems, there is a considerable divide between the rights holders, their investors and representatives on the one hand and academics, consumer advocates, and civil libertarians on the other. These two groups often talk past each other, concocting their own doomsday scenarios while arguing for laws and policies that vindicate their positions. Unfortunately, neither side has sufficient empirical evidence to either support its position or disprove its rivals'. As the digital economy grows, the debate intensifies, and the divide between the two sides widens. Today, there has emerged an urgent need to find ...


Do Divorce Law Reforms Matter For Divorce Rates - Evidence From Portugal, Clarisse Coelho, Nuno Garoupa Jan 2006

Do Divorce Law Reforms Matter For Divorce Rates - Evidence From Portugal, Clarisse Coelho, Nuno Garoupa

Faculty Scholarship

The effect of divorce law reforms on divorce rates in the United States and elsewhere has generated a controversy in the law and economics literature. In this article, we study the contribution of divorce law reforms for the evolution of divorce rates in Portugal over the last 40 years. We focus on the reforms of divorce law in the 1970s and in the 1990s as well as socioeconomic factors as determinants of the divorce rate. We find that the introduction of a modern divorce law in the 1970s had a significant effect on the divorce rate, but the changes of ...


Expanding The Protection Of Geographical Indications Of Origin Under Trips: Old Debate Or New Opportunity, Irene Calboli Jan 2006

Expanding The Protection Of Geographical Indications Of Origin Under Trips: Old Debate Or New Opportunity, Irene Calboli

Faculty Scholarship

Geographical indications of origin (GI), their definition, and rationale for protection have historically been the subject of heated debates in the international community. Countries have long quarreled about the extent of protection of "their" GI, that is, the names they used to identify products grown or manufactured on their soil. Fierce defenders of GI protection, European countries have traditionally advocated that GI should not be used by unrelated parties because GI identify the unique qualities, characteristics, and reputation of the products to which they are affixed; thus, should others use GI improperly, consumers would be confused as to the origin ...


Women Labor Arbitrators: Women Members Of The National Academy Of Arbitrators Speak About The Barriers Of Entry Into The Field, Cynthia Alkon Jan 2006

Women Labor Arbitrators: Women Members Of The National Academy Of Arbitrators Speak About The Barriers Of Entry Into The Field, Cynthia Alkon

Faculty Scholarship

Labor arbitration imposes some of the highest barriers of entry in any field of alternative dispute resolution. Parties picking an arbitrator in a labor dispute typically know and trust the chosen arbitrator. Arbitrators usually have some prior experience in labor organizations or management before assuming the role of a neutral. This reality makes the field an "insiders club." A successful labor arbitrator not only has these strong personal and professional connections to the parties, but also experience, knowledge, and impartiality. This Article explores the barriers that women, in particular, face in entering this profession.


Post-Acquisition Harassment And The Scope Of The Fair Housing Act, Aric Short Jan 2006

Post-Acquisition Harassment And The Scope Of The Fair Housing Act, Aric Short

Faculty Scholarship

Because Halprin v. Prairie Single Family Homes of Dearborn Park Ass’n creates a split of circuit authority and threatens established civil rights protections, the Seventh Circuit’s decision provides a useful opportunity to reconsider the proper scope of the FHA. The subject of housing harassment, in general, has received significant scholarly attention in the recent past; however, no commentator has focused on the concept of post-acquisition harassment or evaluated the validity of the underlying assumption that the FHA does, in fact, protect against harassment occurring after housing has been secured. With the current schism in federal case law as ...


Legal Positivism: Still Descriptive And Morally Neutral, Andrei Marmor Jan 2006

Legal Positivism: Still Descriptive And Morally Neutral, Andrei Marmor

Cornell Law Faculty Publications

It has become increasingly popular to argue that legal positivism is actually a normative theory, and that it cannot be purely descriptive and morally neutral as H.L.A. Hart has suggested. This article purports to disprove this line of thought. It argues that legal positivism is best understood as a descriptive, morally neutral, theory about the nature of law. The article distinguishes between five possible views about the relations between normative claims and legal positivism, arguing that some of them are not at odds with Hart’s thesis about the nature of jurisprudence, while the others are wrong, both ...


Federalism, Peter H. Schuck Jan 2006

Federalism, Peter H. Schuck

Case Western Reserve Journal of International Law

No abstract provided.


Building The New World Of Nanotechnology, Michael A. Van Lente Jan 2006

Building The New World Of Nanotechnology, Michael A. Van Lente

Case Western Reserve Journal of International Law

No abstract provided.


Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont Jan 2006

Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.


Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna B. Ndulo Jan 2006

Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna B. Ndulo

Cornell Law Faculty Publications

No abstract provided.


Judges As "Amateur Scientists", David L. Faigman Jan 2006

Judges As "Amateur Scientists", David L. Faigman

Faculty Scholarship

No abstract provided.


Title Page Jan 2006

Title Page

Missouri Law Review

Title Page


Victimhood, Jessie K. Liu Jan 2006

Victimhood, Jessie K. Liu

Missouri Law Review

No abstract provided.


Belonging: Citizenship And Migration In The European Union And In Germany, Helen E. Hartnell Jan 2006

Belonging: Citizenship And Migration In The European Union And In Germany, Helen E. Hartnell

Publications

This article investigates the evolving notion of belonging through the lens of Germany's new frameworks for nationality/citizenship and migration. Given the quantity of EU activity in the fields under consideration here, European developments are also analyzed, though less for their own sake than for the sake of staking out the parameters within which Germany remains sovereign to act.

Throughout this article, the question of how concrete developments bear on larger questions about belonging will recur. I make two main arguments. First, however welcome Germany's dramatic legal reforms may be, they will not necessarily solve the problems such ...


Lifting The Fog: Finding A Clear Standard Of Liability For Secondary Actors Under Rule 10b-5, Mary M. Caskey Jan 2006

Lifting The Fog: Finding A Clear Standard Of Liability For Secondary Actors Under Rule 10b-5, Mary M. Caskey

Valparaiso University Law Review

No abstract provided.


The Legality Of Hatch-Waxman Pharmaceutical Settlements: Is The Terazosin Test The Proper Prescription?, Joel Graham Jan 2006

The Legality Of Hatch-Waxman Pharmaceutical Settlements: Is The Terazosin Test The Proper Prescription?, Joel Graham

Washington University Law Review

No abstract provided.


Recent Developments: Design Kitchen And Baths V. Lagos: An Undocumented Alien Injured In The Course Of His Employment Is Entitled To Receive Workers' Compensation Benefits Under The Maryland Workers' Compensation Act, Jacob Y. Statman Jan 2006

Recent Developments: Design Kitchen And Baths V. Lagos: An Undocumented Alien Injured In The Course Of His Employment Is Entitled To Receive Workers' Compensation Benefits Under The Maryland Workers' Compensation Act, Jacob Y. Statman

University of Baltimore Law Forum

No abstract provided.


Monism, Nominalism, And Public-Private In The Work Of Margaret Jane Radin, Christopher L. Sagers Jan 2006

Monism, Nominalism, And Public-Private In The Work Of Margaret Jane Radin, Christopher L. Sagers

Cleveland State Law Review

This essay begins by situating the distinction in history generally and in American legal thought. Its historical aspect seems important because it suggests that the distinction is not predetermined—it is historically and culturally contingent. That fact has been largely ignored in the American legal academy, and among most of the judiciary it is all but outright socialist treachery to suggest it. The essay moves on to consider Radin's work itself. The prominence of the distinction is relatively obvious in some of her work on technological marketing and design issues, but I will suggest that in fact it runs ...


Augustine And Calvin: Post-Modernism And Pluralism, David S. Caudill Jan 2006

Augustine And Calvin: Post-Modernism And Pluralism, David S. Caudill

Villanova Law Review

No abstract provided.