Law Commons^™

As Alterações Das Hipóteses De Cabimento Dos Recursos Extraordinário E Especial Promovidas Pela Emenda Constitucional Nº 45, De 8 De Dezembro De 2004, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

The Search For Minimal Risk In International Pediatric Clinical Trials, Tracey E. Chan

Tracey E Chan

Difficult ethical and regulatory challenges are raised whenever children are enrolled in non-beneficial research. Their resolution takes on new significance in the light of transnational pharmaceutical development trials in developing countries. This paper examines what international guidelines exist and how they address the challenges posed by involving children in non-beneficial clinical trials, focussing on the concept of ‘minimal’ risk as a legal and ethical standard to protect children from exposure to unwarranted risks presented by such trials. It reviews several domestic approaches to the question of minimal risk before evaluating the adequacy of existing international guidelines to address the needs …

All In The Family: The Apocalyptic Legal Tradition As Crit Theory, Marc L. Roark

Marc L. Roark

In 1986, a new genre of American legal education emerged upon the American legal conscience. Regent University (then CBN University) opened the first expressly evangelical law school and initially only accepted committed evangelical believers into its program. Since Regent’s beginnings, at least three other law schools have opened with similarly expressed missions of recapturing the faith in the teaching of American law; the most recent is Jerry Falwell’s Liberty University. This essay draws attention to Regent and Liberty as evangelical manifestations of American jurisprudential philosophy. Though formed out of a perceived need to inject conservative values (often times confused as …

The Iron Cold Of The Marshall Trilogy, Matthew L.M. Fletcher

Matthew L.M. Fletcher

This article examines the Marshall Trilogy of federal Indian law from numerous perspectives - legal pedagogy, legal history, federalism and constitutional law, law and literature, and law and economics.

Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher

Matthew L.M. Fletcher

A same-sex marriage amendment, depending on the text, might serve to incorporate Indian tribes into the federal union as the third sovereign. The Constitution has not been amended to incorporate Indian tribes into the federal union, rendering their place in Our Federalism uncertain and unpredictable. A same-sex marriage amendment that applies to limit or expand tribal authority to recognize or authorize same-sex marriage could constitute an implicit recognition of Indian tribes as the third sovereign in the American system of federalism. Even an amendment that excludes mention of Indian tribes may have something to say about Indian tribes as the …

The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison

Michael J. Madison

This Essay was written as part of a Symposium on open access publishing for legal scholarship, held at Lewis & Clark Law School. It makes the claim that “open access” publishing models will succeed, or not, to the extent that they account for the existing “economy of prestige” that drives law reviews and legal scholarship. What may seem like a lot of uncharitable commentary is intended instead as an expression of guarded optimism: Imaginative reuse of some existing tools of scholarly publishing (even by some marginalized members of the prestige economy – or perhaps especially by them) may facilitate the …

The Economics Of Open Access Law Publishing, Jessica Litman

Jessica Litman

The conventional model of scholarly publishing uses the copyright system as a lever to induce commercial publishers and printers to disseminate the results of scholarly research. The role of copyright in the dissemination of scholarly research is in many ways curious, since neither authors nor the entities who compensate them for their authorship are motivated by the incentives supplied by the copyright system. Rather, copyright is a bribe to entice professional publishers and printers to reproduce and distribute scholarly works. As technology has spawned new methods of restricting access to works, and copyright law has enhanced copyright owners’ rights to …

Justicia Civil: Diagnóstico, Evidencia Empírica Y Lineamientos Para Una Reforma, José Francisco García, Francisco Javier Leturia Infante

José Francisco García

No abstract provided.

Sex And Capital: What They Tell Us About Ourselves, Claire Moore Dickerson

Claire Moore Dickerson

From a Symposium on People of Color, Women, and the Public Corporation: Different perceptions of public corporations and of business enterprises in the US and Ghana underscore differences in those institutions, as well as issues of gender and class.

Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin

David M. Smolin

This article documents and analyzes a substantial incidence of "child laundering" within the intercountry adoption system. Child laundering occurs when children are taken illegally from birth families through child buying or kidnapping, and then "laundered" through the adoption system as "orphans" and then "adoptees." The article then proposes reforms to the intercountry adoption system that could substantially reduce the incidence of child laundering.

El Problema De Las Fuentes Del Derecho: Una Perspectiva Desde La Argumentación Jurídica, Jorge Gonzalez-Jacome

Jorge Gonzalez-Jacome

This article argues that there is a very vast complexity in the theory of sources of law. According to the traditional doctrine the sources are ordered in a coherent and precise manner and the interpreter has only to apply a clear hierarchy. However, looking at the way some judges in Colombia have applied their sources, it seems that the traditional way of looking to this problem is not an accurate description of what is happening in practice. Therefore, an alternative way of understanding the practice of our judges is proposed, in order to build a description that shows us in …

Judicial Incorporation Of Trade Usages: A Functional Solution To The Opportunism Problem, Juliet P. Kostritsky

Juliet P Kostritsky

This Article argues that the strategy of rejecting trade usages unless they are part of the express contract is too rigid. The rejection is premised on an overly narrow cost/benefit analysis that fails to account for the functional role that such usages may play in curbing opportunistic behavior and thereby increasing gains from trade and overall welfare. Plain meaning and incorporation must each be evaluated to see how each one can achieve the parties’ presumed instrumental goals of curbing opportunism—the “hold-up” game. Decision makers should also consider the particular reasons why parties failed to include the trade usages n their …

International Trade In The San Bernardino Region: Transportation, Trends, And Employment, Mirya R. Holman, Travis Coan

Mirya R Holman

International trade presents significant employment, growth, and revenue opportunities for the San Bernardino region, which encompasses San Bernardino County and several cities in Riverside County and is located to the immediate east of Los Angeles County. Proximity to the San Pedro Bay Port complex (which includes the Ports of Los Angeles and Long Beach) and access to a transportation and logistics network expanding out across the U.S., makes the San Bernardino region a prime location for companies participating in international trade activity. The purpose of this report is to quantify trade activity in the region, while also estimating the employment …

Law And Obesity, Miguel A. Recuerda

Miguel A. Recuerda

No abstract provided.

The Confusions And Uncertainties Thwarting Family Courts In Bangladesh, Dr. Zahidul Islam Biswas

Dr. Zahidul Islam

The purpose of establishment of Family Courts in Bangladesh was to ensure a quick, effective and amicable disposal of some of the family matters, which the traditional civil courts had failed to successfully deal with. Unfortunately, the noble aim of introducing Family Courts has not been expectantly achieved though already more than two decades have passed after the courts’ coming into operation. There are many and diverse type of reasons behind such letdown. Given the socio-economic grounds, the procedural as well as substantive loopholes in the ordinance and related laws are not negligible. Besides, there are some misconceptions. This article …

Using An Attorney Mastery Scale, Lisa A. Tucker

Lisa T. McElroy

No abstract provided.

La Violazione Delle Regole Di Condotta Dell'intermediario Finanziario Fra Responsabilità Precontrattuale E Contrattuale, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson

Scott Dodson

In these remarks, I argue that the Federal Marriage Amendment would disrupt constitutional themes to the detriment of constitutional interpretation and social constitutionalism.

Sexual Orientation And The Law: A Research Bibliography Selectively Annotating Legal Literature Through 2005, James M. Donovan

James M. Donovan

SEXUAL ORIENTATION AND THE LAW: A RESEARCH BIBLIOGRAPHY is a project of the Standing Committee on Lesbian and Gay Issues of the American Association of Law Libraries. This almost-500 page volume includes several features that the Standing Committee hopes will be useful to librarians and their patrons. These include: a description of the bibliography project from its origins in 1987; an introduction by Brad Sears, Executive Director of the Williams Institute on Sexual Orientation Law and Public Policy that places this literature into intellectual, historical and legal perspective; a reprint of the original 1994 bibligraphy as it appeared in Law …

Beijing Court Orders Ministry Of Finance To Rule On Supplier's Complaints, But Skirts Broader Issue Of Schism In China's Procurement Supervision, Daniel J. Mitterhoff

Faculty Scholarship

No abstract provided.

Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene

William & Mary Law Review

With the growth of the administrative state, agency-promulgated enforcement policy statements, typically referred to as guidelines, have become ubiquitous in the U.S. federal system. Yet, the actual usage and impact of such guidelines is poorly understood. Often the issuing agencies declare the guidelines to be nonbinding, even for themselves. Notwithstanding this disclaimer, the government, private parties, and even the courts frequently rely on the guidelines in a precedent-like manner. In this Article, Professor Greene examines the evolution of one system of enforcement policy guidelines-the U.S. federal antitrust merger guidelines--and finds that these guidelines have acted as a stealth force on …

A Guide To Trusts In Georgia, Laura A. Fawcett

Law Library Student-Authored Works

No abstract provided.

A Guide To A Design Professional's Potential Liability In Georgia, Gabriel Azar

Law Library Student-Authored Works

No abstract provided.

Georgia Sex Offender Act And National Sex Offender Laws, March Moieh Konan

Law Library Student-Authored Works

No abstract provided.

The Possibility Of Technical Definition In Later Wittgenstein, James M. Donovan

James M. Donovan

Wittgenstein’s philosophy remains influential. If its tenets impose constraints on either the possibility of scientific definition at all, or upon the kinds that will be valid, then those limits should be recognized and to the extent possible, observed. Locating the locus of meaning in ordinary use does appear to preclude certain types of definitional strategies. Stipulative definitions of terms that have ordinary currency but which are idiosyncratic and not grounded in that common usage would appear to be most troublesome. It is not that one could not attempt such definitions (quite the contrary, they are offered at every turn), but …

Editor's Note, Casey M. Holsapple

Federal Communications Law Journal

No abstract provided.

You Said What? The Perils Of Content-Based Regulation Of Public Broadcast Underwriting Acknowledgments, Andrew D. Cotlar

Federal Communications Law Journal

Public broadcast stations in the United States are forbidden to air promotional announcements in exchange for payment from commercial entities. However, these stations must acknowledge any financial contribution from donors that support particular programs without promoting the goods and services offered by those donors. While the FCC has attempted to maintain the conceptual distinction between promotional and nonpromotional information, it has struggled to apply this distinction within the context of an evolution in advertising practice.

As a result, many noncommercial educational licensees find it difficult to apply the FCC's rules. A careful analysis of how the FCC underwriting determinations yields …

Municipal Broadband: Challenges And Perspectives, Craig Dingwall

Federal Communications Law Journal

This Article reviews the status and challenges of municipal broadband and provides recommendations for responsible municipal broadband deployment. The Author reviews broadband demand; possible justifications for and the status of municipal broadband deployment; speed, feature, and price considerations; regulatory and technical issues; and relevant laws and legislation. The Author offers specific national policy recommendations and concludes that government/industry partnerships offer perhaps the best solution for municipal broadband deployment where broadband needs aren't met.

Analyzing The World Bank's Blueprint For Promoting "Information And Communications", Sherille Ismail

Federal Communications Law Journal

Book Review: Information and Communications for Development 2006: Global Trends and Policies, issued by the World Bank.

This Review provides a summary and brief analysis of foreign private investment, the book's blueprint for reform, and how investments have fared in promoting economic growth and reducing poverty. The book is a valuable asset for governments, scholars, investors, and the international community seeking to serve end users in developing countries.

Broadcast Technology As Diversity Opportunity: Exchanging Market Power For Multiplexed Signal Set- Asides, Michael M. Epstein

Federal Communications Law Journal

This Article proposes an access system based on a theory of quid pro quo: a bargained.for-exchange in which broadcasters would trade media access for market power. Under this quid pro quo approach, the FCC would administer a scaled metric whereby the greater a media company's audience reach, the more access that company must provide to citizens with diverse and local content. Since digital technology permits broadcasters to "multiplex" their television signal bandwidth into multiple signal programming streams, an opportunity exists for the government to require public access to one or more of these programming streams in return for relaxing caps …