Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 11 of 11
Full-Text Articles in Law
Icann And The Problem Of Legitimacy, Jonathan Weinberg
Icann And The Problem Of Legitimacy, Jonathan Weinberg
Duke Law Journal
Two years ago, an entity called the Internet Corporation for Assigned Names and Numbers (ICANN) was formed to take control of the Internet's infrastructure of domain name and IP address identifiers. Private parties formed ICANN at the behest of the U. S. government; the government is currently using its considerable resources to cement ICANN's authority over the domain name space. ICANN's role is one generally played in our society by public entities. It is setting rules for an international communications medium of surpassing importance. That task had historically been performed by a U. S. government contractor in an explicitly public-regarding …
Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel
Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel
Law and Contemporary Problems
Both Russia and China refused to adopt international copyright agreements until pressured by other countries, particularly the US. The US has pursued China's copyright abuses more aggressively than it has pursued similar abuses by Russia. Neigel attempts to explain the reasons for this disparate treatment.
Independence And The Director Of Public Prosecutions: The Marshall Inquiry And Beyond, Philip C. Stenning
Independence And The Director Of Public Prosecutions: The Marshall Inquiry And Beyond, Philip C. Stenning
Dalhousie Law Journal
The author describes the reforms to the prosecution system in Nova Scotia which were recommended by the Marshall Inquiry in its 1989 report, and reviews the extent to which they have been effectively implemented during the ensuing decade. He concludes that many of the objectives originally identified by the Marshall Inquiry in this respect have been substantially met, but that in some areas there is still room for improvement. Finally, he notes the absence of systematic evaluations of prosecutorial institutions and practices in Canadian jurisdictions, and that because of this, it is difficult to say whether the Marshall Inquiry's objectives …
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Law and Contemporary Problems
Cox discusses six fundamental tenets that should guide the regulation of public offerings of securities. It is assumed that regulation is to be re-examined from the ground up, with no political or regulatory constraints.
Evaluation And Facilitation: Moving Past Either/Or, Richard Birke
Evaluation And Facilitation: Moving Past Either/Or, Richard Birke
Journal of Dispute Resolution
In this essay, I argue that there is no such thing as a purely facilitative mediation of a legal dispute. Neither is there such a thing as a purely evaluative mediation of a legal dispute. Mediation of legal disputes is, by its nature, always facilitative and evaluative. The evaluative-facilitative divide is an artificial artifact of history. Following this introduction, I offer a brief description of the development of the field of legal mediation, and I attempt to place the Riskin grid in historical context. I then hope to push the debate toward a new moment, one in which all mediation …
Foreword, Neil Kinkopf
Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders
Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders
Duke Law Journal
In the classic description, students without law degrees set the standards for publication in the scholarly journals of American law-one of the few reported cases of the inmates truly running the asylum.(1)
A Report Card On The Impeachment: Judging The Institutions That Judged President Clinton, Susan Low Bloch
A Report Card On The Impeachment: Judging The Institutions That Judged President Clinton, Susan Low Bloch
Law and Contemporary Problems
Reflecting on the impeachment and trial of Pres Bill Clinton, Bloch considers how well the impeachment process worked and what was learned from the experience that might be a guide in the event of another impeachment in the future. Any critique of the impeachment process should begin with the independent counsel statute.
Bakke Betrayed, Alan J. Meese
Bakke Betrayed, Alan J. Meese
Law and Contemporary Problems
While it seems that a President who disagrees with the Supreme Court's account of the Constitution faces only two choices--to enforce the Court's decision or defy the Court and take his case to a skeptical populace--there is a third way in which the President can publicly embrace the doctrine in question, while at the same time refusing to follow it. Pres Clinton's Administration has followed just such a third way approach to "Regents of the University of California v. Bakke."
Weak Law Teaching, Adam Smith And A New Model Of Merit Pay, Ronald H. Silverman
Weak Law Teaching, Adam Smith And A New Model Of Merit Pay, Ronald H. Silverman
Cornell Journal of Law and Public Policy
No abstract provided.
Current Trends In Faculty Personnel Policies: Appointment, Evaluation And Termination, Annette B. Johnson
Current Trends In Faculty Personnel Policies: Appointment, Evaluation And Termination, Annette B. Johnson
Saint Louis University Law Journal
No abstract provided.