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2006

Northwestern Pritzker School of Law

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Articles 1 - 30 of 77

Full-Text Articles in Law

Train Our Jurors, Jonathan Koehler Jan 2006

Train Our Jurors, Jonathan Koehler

Faculty Working Papers

Lay jurors are often legally and logically unprepared for trial. In response, it is recommended that jurors receive training in how to make better legal decisions. This chapter suggests that jurors should receive comprehensive training in critical legal doctrines and in how to reason with legal evidence. Jurors who cannot be trained to achieve minimal levels of competence (in the law or in basic reasoning) should be excused from jury service. Suggestions are given as to how policy makers and researchers who are interested in jury reform may wish to proceed.


Questions About Forensic Science: Response, Jonathan Koehler Jan 2006

Questions About Forensic Science: Response, Jonathan Koehler

Faculty Working Papers

THE ESSENTIAL MESSAGE OF OUR REVIEW WAS that forensic individualization/identification science is on course for a "paradigm shift" in which its future will be more scientifically grounded than its past.

Harmon and Budowle take issue with the simple point that traditional forensic science assumes that markings produced by different people and objects are observably different. The notion of uniqueness is widespread in forensic science writing, thinking, and practice. We added the qualifier "discernible" to the uniqueness assumption to indicate that criminalists do not refer to uniqueness in the abstract or as a metaphysical property. They mean that conclusions about ...


Investigation Of Halliburton Co./Tskj's Nigerian Business Practices: Model For Analysis Of The Current Anti-Corruption Environment On Foreign Corrupt Practices Act Enforcement, Barbara Crutchfield George, Kathleen A. Lacey Jan 2006

Investigation Of Halliburton Co./Tskj's Nigerian Business Practices: Model For Analysis Of The Current Anti-Corruption Environment On Foreign Corrupt Practices Act Enforcement, Barbara Crutchfield George, Kathleen A. Lacey

Journal of Criminal Law and Criminology

No abstract provided.


The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan Jan 2006

The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan

Journal of Criminal Law and Criminology

No abstract provided.


Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe Jan 2006

Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe

Journal of Criminal Law and Criminology

No abstract provided.


In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey Jan 2006

In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey

Journal of Criminal Law and Criminology

No abstract provided.


Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney Jan 2006

Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney

Journal of Criminal Law and Criminology

No abstract provided.


The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming Jan 2006

The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming

Journal of Criminal Law and Criminology

No abstract provided.


Preindictment Prosecutorial Conduct In The Federal System Revisited, James F. Holderman, Charles B. Redfern Jan 2006

Preindictment Prosecutorial Conduct In The Federal System Revisited, James F. Holderman, Charles B. Redfern

Journal of Criminal Law and Criminology

No abstract provided.


A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause Jan 2006

A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause

Journal of Criminal Law and Criminology

No abstract provided.


The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song Jan 2006

The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song

Journal of Criminal Law and Criminology

No abstract provided.


Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs Jan 2006

Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs

Journal of Criminal Law and Criminology

No abstract provided.


Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger Jan 2006

Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger

Journal of Criminal Law and Criminology

No abstract provided.


Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak Jan 2006

Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak

Northwestern Journal of International Law & Business

This paper will address the political economy of competition law in Thailand. Section II will provide a historical perspective of Thai Competition Law. Section III will show what went wrong with the law's implementation since its promulgation in 1999. Section IV will assess the implications of the lack of competition law enforcement on business conduct and the establishment of a competition regime in Thailand. Section V will summarize major lessons learned in the Thai case that may be relevant to other developing countries considering adopting such a law or facing difficulties in its implementation. Finally, Section VI will draw ...


"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson Jan 2006

"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah Jan 2006

Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah

Northwestern Journal of International Law & Business

The past years have seen a clear and incontrovertible rise in the use of international financial and commercial instruments expressed to be governed by Islamic principles. Banks and other commercial entities in Islamic and non-Islamic countries are increasingly aware of the commercial need to offer services which are specifically tailored to meet this sector of the international market. Disputes over the interpretation and application of such instruments invariably arise. English courts are not insulated from such disputes, given that the City of London is at the forefront of many international commercial and financial dealings. As a matter of law, the ...


The Hague Convention On Choice Of Court Agreements: The United States Joins The Judgment Enforcement Band, Matthew H. Adler, Michele Crimaldi Zarychta Jan 2006

The Hague Convention On Choice Of Court Agreements: The United States Joins The Judgment Enforcement Band, Matthew H. Adler, Michele Crimaldi Zarychta

Northwestern Journal of International Law & Business

In 2005, the United States signed a treaty that, if ratified, would be the United States' first-ever international agreement on judgment enforcement. The treaty provides that (a) where two commercial parties elect to resolve disputes between them in a particular forum, and (b) a judgment issues from that forum, then (c) all member states must enforce the judgment. It is a document driven by party autonomy; absent a choice of court agreement (in U.S. parlance, a choice of forum clause), the treaty has no meaning or applicability. The treaty's signing was the end of a rigorous journey. The ...


Choice Of Law In Contracts: A Chinese Approach, Mo Zhang Jan 2006

Choice Of Law In Contracts: A Chinese Approach, Mo Zhang

Northwestern Journal of International Law & Business

This article attempts to emphasize that the choice of law analysis in China is distinct from that of other countries, despite the fact that many of the theories and approaches originate in Western countries. The underlying argument is that the ongoing economic reform in China has become a dramatic and driving force for change in the country. This change necessarily shapes the development of choice of law in China in a unique way, and also de. monstrates how China is getting closer to the rest of world while searching for the "China brand" theory and approach in this regard. What ...


Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White Jan 2006

Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White

Northwestern Journal of Law & Social Policy

No abstract provided.


Relocating From The Distress Of Chicago Public Housing To The Difficulties Of The Private Market: How The Move Threatens To Push Families Away From Opportunity, Molly Thompson Jan 2006

Relocating From The Distress Of Chicago Public Housing To The Difficulties Of The Private Market: How The Move Threatens To Push Families Away From Opportunity, Molly Thompson

Northwestern Journal of Law & Social Policy

No abstract provided.


The Constitutional Right To Travel: Are Some Forms Of Transportation More Equal Than Others?, Timothy Baldwin Jan 2006

The Constitutional Right To Travel: Are Some Forms Of Transportation More Equal Than Others?, Timothy Baldwin

Northwestern Journal of Law & Social Policy

No abstract provided.


Development Of Competition Law In Vietnam In The Face Of Economic Reforms And Global Integration, The Symposium On Competition Law And Policy In Developing Countries, Alice Pham Jan 2006

Development Of Competition Law In Vietnam In The Face Of Economic Reforms And Global Integration, The Symposium On Competition Law And Policy In Developing Countries, Alice Pham

Northwestern Journal of International Law & Business

This article examines the development of a competition regime in Vietnam, with all of the existing difficulties and problems. In the context of this socialist country, we examine the economic reform and integration process and the challenges of liberalization and globalization. Finally, we provide some thoughts for the future. Specifically, Section II addresses the emergence of Vietnam's competition law since the 1980's. Section III describes some of the key legal provisions of the Competition Law of Vietnam. Section IV evaluates the current challenges in the implementation of the Vietnam competition regime, while Section V proposes some recommendations.


Bilateralism Under The World Trade Organization, Y.S. Lee Jan 2006

Bilateralism Under The World Trade Organization, Y.S. Lee

Northwestern Journal of International Law & Business

The establishment of the World Trade Organization ("WTO"), which replaced the five decades of the General Agreement on Tariffs and Trade ("GATT") regime,' has significantly reinforced multilateral control over international trade on a global scale. As of October 2005, membership in the WTO has reached 148 nations, including the majority of former Soviet bloc and other communist countries,2 making the WTO the "United Nations of International Trade.",3 WTO disciplines have significant impact on world trade today; they have been enforced by the monitoring activities of various WTO bodies and by strengthened dispute resolution mechanisms. In addition, a significant ...


Competition Law And Policy In Flux: The Developing Country Experience Symposium On Competition Law And Policy In Developing Countries: Introduction , David Van Zandt Jan 2006

Competition Law And Policy In Flux: The Developing Country Experience Symposium On Competition Law And Policy In Developing Countries: Introduction , David Van Zandt

Northwestern Journal of International Law & Business

This issue sheds light on the meaningful themes which are the driving forces in the global sphere of competition law and policy. It is also pertinent to note that the timing of this symposium is unique and coincides with the annual conference of the International Competition Network (ICN) to be held in South Africa in May 2006. The ICN is the only international body devoted exclusively to competition law enforcement and it consists of some ninety-four competition authorities from eighty-three countries. It has also become the premier international discussion forum on competition issues. With great pride, I invite you to ...


Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas Jan 2006

Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas

Northwestern Journal of International Law & Business

Adopting competition laws is part-and-parcel of a global trend. Indeed, it is striking to see how many countries first implemented competition laws within the last twenty-five years. In 2000, Frederic Jenny commented that "today between 80 and 100 countries have a competition law or are in the process of adopting one whereas ten years ago no more than 50 countries had such a law." This compares to less than ten countries in 1960. Promulgated by a Presidential Order on February 4, 1991 and coming into force one year thereafter, Taiwan's Fair Trade Act ("FTA") must be interpreted in this ...


Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett Jan 2006

Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett

Northwestern Journal of International Law & Business

This paper examines the conventional wisdom concerning competition advocacy, paying particular attention to the applicability of such wisdom to developing countries. The definition of competition advocacy, its evaluation, and the likelihood of its successful implementation are discussed in some detail. The paper concludes with a call for considerably more thought about what, hitherto, has been one of the relatively uncontroversial aspects of many competition authorities' activities.


Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra Jan 2006

Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra

Northwestern Journal of International Law & Business

Japan's New Merger Guidelines ("New Merger Guidelines"), issued by the Japan Fair Trade Commission ("JFTC") in May 2004, mark a turning point for antitrust in Japan. It is likely that Japan's New Merger Guidelines will be seen as a model for legal transplants in the future. Despite the similarities between Japan's New Merger Guidelines and the U.S. Horizontal Merger Guidelines ("U.S. Merger Guidelines"), Japan's New Merger Guidelines are unlikely to be a "success" in the same way that the U.S. Merger Guidelines have been a success since their adoption by the American competition ...


Falling Short Of The Mark: The United States Response To The European Union's Data Privacy Directive, Morey Elizabeth Barnes Jan 2006

Falling Short Of The Mark: The United States Response To The European Union's Data Privacy Directive, Morey Elizabeth Barnes

Northwestern Journal of International Law & Business

In the spring and summer of 2005, the headlines of America's major newspapers provided a constant reminder of an issue about which Americans have grown increasingly worried: data security. Rather than publicizing the war in Iraq or the buzz over potential Supreme Court nominees, these headlines warned: "Info theft slams chain: 1.4 million card numbers stolen;" "Poll Says Identity Theft Concerns Rose After High-Profile Breaches;" "Data Security Breaches Alarm Consumers." In the previous few months, a series of high-profile companies such as Bank of America, Reed Elsevier Group's LexisNexis, PayMaxx, Choice Point, and SAIC had announced that ...


At The Crossroads: Making Competition Law Effective In Pakistan Symposium On Competition Law And Policy In Developing Countries , Joseph Wilson Jan 2006

At The Crossroads: Making Competition Law Effective In Pakistan Symposium On Competition Law And Policy In Developing Countries , Joseph Wilson

Northwestern Journal of International Law & Business

Just as the first merger wave of the late 1880's in the United States resulted in the birth of Sherman Act, the recent global merger wave of the early 2000's, coupled with the growing liberalization of trade, prompted a large number of developing and transitional economies to adopt competition laws. Pakistan is one of the few developing countries with a competition law in place for more than three decades: the Monopolies and Restrictive Trade Practices Ordinance of 1970 ("MRTPO" or the "Ordinance"). While the Ordinance contained fairly strong provisions, the agency entrusted to implement it, the Monopolies Control ...


Brazil's Recent Threat On Abbott's Patent: Resolution Or Retaliation, Jennifer Bjornberg Jan 2006

Brazil's Recent Threat On Abbott's Patent: Resolution Or Retaliation, Jennifer Bjornberg

Northwestern Journal of International Law & Business

In June 2005, Brazil threatened to infringe the patent of an anti-AIDS medication, Kaletra, patented and produced by a U.S. based pharmaceutical company, Abbott Laboratories. The resulting controversy necessarily implicated the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property ("TRIPS Agreement") as Brazil was a Member Nation under the agreement and Abbott's product was protected under that agreement. Ultimately, the threat came to a voluntary resolution between both parties, but the dispute raised a number of unique questions relating to international trade and public health concerns. This article will discuss the recent controversy between ...