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American University Washington College of Law

2012

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Articles 61 - 90 of 484

Full-Text Articles in Law

A Look At The Supreme Court Justices’ Individual Biases Toward Copyright Law: Prediction And Reflection On The Golan V. Holder Decision, Elizabeth F. Jackson Aug 2012

A Look At The Supreme Court Justices’ Individual Biases Toward Copyright Law: Prediction And Reflection On The Golan V. Holder Decision, Elizabeth F. Jackson

Intellectual Property Brief

No abstract provided.


When Patent Offices Become Captain Planet: Green Technology And Accelerated Patent Examination Programs In The United States And Abroad, Amanda Patton Aug 2012

When Patent Offices Become Captain Planet: Green Technology And Accelerated Patent Examination Programs In The United States And Abroad, Amanda Patton

Intellectual Property Brief

No abstract provided.


Music As Biotech: Remixing The Ubmta For Use With Digital Samples, Adam G. Holofcener Aug 2012

Music As Biotech: Remixing The Ubmta For Use With Digital Samples, Adam G. Holofcener

Intellectual Property Brief

No abstract provided.


The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti Aug 2012

The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti

Legislation and Policy Brief

The legal and medical communities have debated the impact and necessity of medical liability reform for over twenty years. At the heart of the debate is the question of how to strike a balance between compensating patients and their families for the thousands of deaths and injuries resulting from medical errors that occur annually, and encouraging physicians to continue to care for patients across America. While several states have passed medical liability reform laws previously, on March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA)—colloquially known as the “health care bill”—that contains provisions on medical …


The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan Aug 2012

The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan

Legislation and Policy Brief

Human cloning, the caning of teen vandals, and the belief that aliens descend from space to abduct humans and livestock all hold something in common: they are more popular than Congress. With the 112th Congress bottoming out at a record-low 9% approval rating, it is clear that Americans are deeply unsatisfied with the gridlock gripping Washington. While it is popular, and even easy, to lambaste Republicans for blanket obstructionism and to condemn Democrats for failure to stand up to minority bullying, collective blame shifting will not breach the dam of a hyper-partisan Congress. Instead, individuals hoping to get Congress moving …


Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist Aug 2012

Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist

Legislation and Policy Brief

The common policy of treating sexually exploited minors as criminals represents a fundamental failing of the justice system. Prostituted minors should not be treated as delinquents requiring discipline but rather as severely traumatized and abused victims requiring specialized services and counseling. Yet, in most states, prostituted minors are re-traumatized through arrest, prosecution, and detention instead of receiving specialized services. Besides being unjust, this policy is counter-productive. Arresting, prosecuting, and detaining minors hinders law enforcement efforts to go after the real criminals – the pimps and the johns, and misses an important opportunity to rescue minors from a system of commercial …


In Defense Of The Obama Administration's Non-Defense Of Doma, Daniel J. Crooks Iii Aug 2012

In Defense Of The Obama Administration's Non-Defense Of Doma, Daniel J. Crooks Iii

Legislation and Policy Brief

The Constitution charges the President with the duty to “take Care that the Laws be faithfully executed . . . .” Moreover, the President takes an oath to “preserve, protect and defend the Constitution of the United States.” Although “[g]enerally, these duties are compatible . . ., when the Executive faces a law that he believes is unconstitutional, he must decide whether the law should be executed as written and defended if attacked, or whether the duty of faithfulness to the Constitution requires its repudiation.” This decision belongs to the President alone as the head of a co-equal branch of …


Making The Case For Wilderness: The Bureau Of Land Management’S Wild Lands Policy And Its Role In The Storied History Of Wilderness Protection, Maureen O’Dea Brill Aug 2012

Making The Case For Wilderness: The Bureau Of Land Management’S Wild Lands Policy And Its Role In The Storied History Of Wilderness Protection, Maureen O’Dea Brill

Legislation and Policy Brief

On December 23, 2010, the Secretary of the Department of the Interior, Ken Salazar, issued Secretarial Order No. 3310, commonly referred to as the Wild Lands Policy. The Wild Lands Policy established a two-step process through which the Bureau of Land Management (BLM), an agency within the Department of the Interior, was to inventory and to manage its lands with wilderness characteristics (LWCs). The policy continued the requirement that the BLM maintain a current inventory of LWCs and evaluate these LWCs during the previously established land use planning process. The Wild Lands Policy further required that the BLM protect LWCs …


What Use Are Legal Academics?, Roger Fairfax Aug 2012

What Use Are Legal Academics?, Roger Fairfax

Presentations

No abstract provided.


How Well Does The G20 Reflect African Interests And Priorities?: Some Thoughts Following The Los Cabos, Mexico Summit, Daniel Bradlow Aug 2012

How Well Does The G20 Reflect African Interests And Priorities?: Some Thoughts Following The Los Cabos, Mexico Summit, Daniel Bradlow

Working Papers

The leaders of the G20 countries have now held seven summits -- enough to begin critically evaluating how well the G20 serves the interest of specific sub-parts of the international community. The purpose of this paper is to assess how well the G20 responds to African interests. It is divided into three parts. The first is a brief description of the most recent summit, held on June 18-19, 2012 in Los Cabos, Mexico. The second part is a brief discussion of the criteria that will be used in this evaluation. The third part is an assessment of the G20 against …


Politicizing Patents - Patenting Biotechnology In The Wake Of Section 33, Prometheus, And Cls Bank, Jonathan R. K. Stroud Jul 2012

Politicizing Patents - Patenting Biotechnology In The Wake Of Section 33, Prometheus, And Cls Bank, Jonathan R. K. Stroud

Articles in Law Reviews & Journals

Tucked into the America Invents Act is the first statutory exemption for any patentable subject matter. Section 33 renders unpatentable all claims “encompassing a human being.” By recognizing a vague subject matter – exception for human beings despite the fact that internal policies had long militated against such patent claims, Congress has politicized the patent law to an unheard-of degree. While textually consistent with internal USPTO policy, the passage of § 33 should not be seen as an invitation to litigators to expand § 101 unpatentable-subject-matter challenges to validity by including arguments that medical methods, genetic tests, biological chimeras, or …


Prea 101 For Adult Prisons, Brenda V. Smith Jul 2012

Prea 101 For Adult Prisons, Brenda V. Smith

Presentations

No abstract provided.


Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith Jul 2012

Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith

Presentations

sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA) in partnership with Mental Health Systems, Inc.


Batson's Grand Jury Dna, Roger Fairfax Jul 2012

Batson's Grand Jury Dna, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

Batson v. Kentucky was a landmark decision imposing constitutional restrictions on peremptory challenges in the petit jury selection process. Batson was a culmination of a long line of cases addressing racial discrimination in jury selection. However, the role of anti-discrimination doctrine in grand jury selection is often overlooked when the story of Batson is considered. Many of the key equal protection cases underpinning the Batson decision were grand jury cases. Furthermore, the evidentiary framework applied to challenges to race-based peremptory strikes in Batson was forged in a century's worth of grand jury discrimination doctrine. This Essay, prepared for the "Batson …


One Step Ahead Two Steps Back: Reverse Engineering 2nd Draft For 3rd Revision Of The Chinese Copyright Law, Hong Xue Jul 2012

One Step Ahead Two Steps Back: Reverse Engineering 2nd Draft For 3rd Revision Of The Chinese Copyright Law, Hong Xue

Joint PIJIP/TLS Research Paper Series

On July 6, 2012, the National Copyright Administration of China released the 2nd Draft of the 3rd Revision of the copyright law, in which 81 provisions were changed from the 1st Draft. It does contain a few improvements, but it contains more compromises and even steps backward under the pressure of interest groups. It is unfortunate that China, the largest country by both population and Internet users, despite its fast-growing economy, seems missing the opportunities to craft a 21st-Century Copyright Law, but instead follows the old path of “the more the better” (more copyright protection and enforcement, the better economic …


Prea 101 For Juvenile Justice Agencies, Brenda V. Smith Jun 2012

Prea 101 For Juvenile Justice Agencies, Brenda V. Smith

Presentations

No abstract provided.


Prea 101 For Community Corrections Agencies, Brenda V. Smith Jun 2012

Prea 101 For Community Corrections Agencies, Brenda V. Smith

Presentations

No abstract provided.


Hiding Behind The Cloak Of Invisibility: The Supreme Court And Per Curiam Opinions, Ira Robbins Jun 2012

Hiding Behind The Cloak Of Invisibility: The Supreme Court And Per Curiam Opinions, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Per curiam--literally translated from Latin to "by the court"-is defined by Black's Law Dictionary as "[a]n opinion handed down by an appellate court without identifying the individual judge who wrote the opinion." Accordingly the author of a per curiam opinion is meant to be institutional rather than individual, attributable to the court as an entity rather than to a single judge The United States Supreme Court issues a significant number of per curiam dispositions each Term. In the first six years of Chief Justice John Roberts’ tenure, almost nine percent of the Court full opinions were per curiams. The prevalence …


Open Access Scientific Publishing And The Developing World, Jorge Contreras May 2012

Open Access Scientific Publishing And The Developing World, Jorge Contreras

Working Papers

Responding to rapid and steep increases in the cost of scientific journals, a growing number of scholars and librarians have advocated “open access” (OA) to the scientific literature. OA publishing models are having a significant impact on the dissemination of scientific information. Despite the success of these initiatives, their impact on researchers in the developing world is uncertain. This article analyses major OA approaches adopted in the industrialized world (so-called Green OA, Gold OA, and OA mandates, as well as non-OA information philanthropy) as they relate to the consumption and production of research in the developing world. The article concludes …


Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll May 2012

Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll

Articles in Law Reviews & Other Academic Journals

Copyright law grants authors certain rights of creative control over their works. This Article argues that these right of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to …


The Cy Pres Doctrine In Class Action Residual Distributions: Cy Pres As A Best Practice And Recommendations For Regulation, Evelyn Abravanel May 2012

The Cy Pres Doctrine In Class Action Residual Distributions: Cy Pres As A Best Practice And Recommendations For Regulation, Evelyn Abravanel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Call In The Feds: Title Vi As A Diversifying Force In The Collegiate Head Football Coaching Ranks, N. Jeremi Duru May 2012

Call In The Feds: Title Vi As A Diversifying Force In The Collegiate Head Football Coaching Ranks, N. Jeremi Duru

Articles in Law Reviews & Other Academic Journals

Over the course of the past decade, the racial complexion of the National Football League's ("NFL's") head coaching ranks has dramatically changed. For the bulk of the NFL's existence, it was virtually impossible for an African American to land a head coaching position. Whether as a result of "old boy" networking or stereotypical suppositions that African Americans lacked the intellectual capacity required to lead, manage, and teach a team of professional football players, African Americans toiled in assistant coaching positions for their entire careers with virtually no hope of ascending to the top spot.' Beginning in December of 2002, however, …


Managing Expectations: Beyond Formal Adjudication, Susan Franck May 2012

Managing Expectations: Beyond Formal Adjudication, Susan Franck

Articles in Law Reviews & Other Academic Journals

The international investment system has depended heavily on international arbitration to provide guidance and clarification on the standards contained in international investment agreements. In order to assess the system realistically, this commentary discusses unpacking stakeholder expectations by recognizing where expectations may have been overly optimistic and thinking systematically about the mechanisms through which to capture and manage regulatory discretion. This article evaluates ideas expressed by Anne van Aaken and Bart Legum, which consider different ways to achieve regulatory and commercial balance, and offers a lens for thinking systematically about managing stakeholder expectations in the international investment system. A critical issue …


Tribes, Land, And The Environment, 1d, Sarah Krakoff, Ezra Rosser Apr 2012

Tribes, Land, And The Environment, 1d, Sarah Krakoff, Ezra Rosser

Books

Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays …


Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore Apr 2012

Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore

Legislation and Policy Brief

In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …


“Strong Words, Gentle Deeds”: Evaluating The Effectiveness Of The Maryland Immigration Consultant Act Five Years On, Cori Alonso-Marsden Apr 2012

“Strong Words, Gentle Deeds”: Evaluating The Effectiveness Of The Maryland Immigration Consultant Act Five Years On, Cori Alonso-Marsden

Legislation and Policy Brief

On February 7, 2005, legislators introduced in the Maryland General Assembly a bill entitled “Consumer Protection – Immigration Consulting Services.” Designated as House Bill 691, the legislation sought to protect Maryland consumers through a series of civil and criminal provisions targeting consultants for unauthorized immigration legal practice. Primarily, House Bill 691 limited the types of services an immigration consultant could offer and the claims she could make regarding those services. In addition, the law required that the consultant provide the client with a posted disclaimer regarding the scope of the service, and a written contract prior to the provision of …


Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass Apr 2012

Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass

Legislation and Policy Brief

Prior to the 1970s, many healthcare plans in the U.S. offered benefits without discriminating between mental health and general healthcare coverage. In the 1970s and 1980s, the cost of healthcare increased dramatically and employers eliminated or limited mental health benefits in an attempt to reduce insurance costs. To manage insurance costs, employers began using more cost sharing mechanisms and benefit caps on mental health benefits. However, these limitations were not applied equally to mental health and general health benefits and a coverage disparity was created. Today, insurers often do not provide coverage for mental health on the same terms as …


The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick Apr 2012

The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick

Legislation and Policy Brief

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA). The ADA was intended to eliminate discrimination against individuals with disabilities by expanding the Rehabilitation Act (Rehab Act) to cover people with disabilities in need of coverage from a non-federal employer or entity. Unfortunately, due to a number of Supreme Court cases narrowing the focus of the ADA, the individuals that were intended by Congress to have full protection under the law were no longer assured adequate coverage. In 2008, in response to the narrowing of the definition of disability and …


Juda V. United States: An Atoll's Legal Odyssey, James J. Whittle Apr 2012

Juda V. United States: An Atoll's Legal Odyssey, James J. Whittle

American University International Law Review

No abstract provided.


The Soviet Psychiatric Assistance Statute Of 1988: An Uncertain Prognosis, Cynthia A. Lewis Apr 2012

The Soviet Psychiatric Assistance Statute Of 1988: An Uncertain Prognosis, Cynthia A. Lewis

American University International Law Review

No abstract provided.