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Full-Text Articles in Law

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver Oct 2002

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Carole Silver

This article contriubtes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000. The various roles …


Feist Goes Global: A Comparative Analysis Of The Notion Of Originality In Copyright Law, Daniel J. Gervais Jun 2002

Feist Goes Global: A Comparative Analysis Of The Notion Of Originality In Copyright Law, Daniel J. Gervais

Daniel J Gervais

he 1991 U.S. Supreme Court decision in Feist Publications v. Rural Telephone Service Company, Inc. delivered was hailed both as a landmark decision and a legal bomb. Was Feist so original as to deserve all the attention? After all, it did not establish a new originality paradigm as such but only ended a long division among federal circuits concerning the protection under copyright of factual compilations. A number of circuits had adopted a test similar to the one articulated in Feist (i.e., based on creative selection), while others required only evidence of labor, a test known as sweat of the …


International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth Mar 2002

International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth

David A. Wirth

No abstract provided.


The Ilc Articles On State Responsibility: The Paradoxical Relationship Between Form And Authority, David D. Caron Dec 2001

The Ilc Articles On State Responsibility: The Paradoxical Relationship Between Form And Authority, David D. Caron

David D. Caron

No abstract provided.


Post-Colonialism, Gender, And Customary Injustice: Widows In African Societies, Uche Ewelukwa Dec 2001

Post-Colonialism, Gender, And Customary Injustice: Widows In African Societies, Uche Ewelukwa

Uche Ewelukwa

By amending discriminatory laws and practices related to the treatment of widows in Africa, widows can gain new rights based on evolving international human rights standards on equality. In Nigeria, both common law and statutes perpetuate discrimination against widows by subjecting them to dehumanizing treatment. The current laws ignore the deep social changes that have been present in Africa since the onset of colonialism. Due to the piecemeal way in which African legal systems were constructed, patently discriminatory laws are routinely upheld by the courts. This is done despite constitutional provisions espousing the principles of equality and non-discrimination, thereby creating …