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American University Washington College of Law

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2010

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Articles 121 - 137 of 137

Full-Text Articles in Law

The Copyright Principles Project: Directions For Reform, Michael W. Carroll, Pamela Samuelson, Members Of The Cpp Jan 2010

The Copyright Principles Project: Directions For Reform, Michael W. Carroll, Pamela Samuelson, Members Of The Cpp

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Statute Of Anne: Today And Tomorrow, Peter Jaszi, Craig Joyce, Marshall A. Leaffer, Tyler Trent Ochoa Jan 2010

The Statute Of Anne: Today And Tomorrow, Peter Jaszi, Craig Joyce, Marshall A. Leaffer, Tyler Trent Ochoa

Articles in Law Reviews & Other Academic Journals

This essay provides the epilogue to the University of Houston’s Institute for Intellectual Property & Information Law’s 2010 National Conference, “The ©©© Conference: Celebrating Copyright’s tri-Centennial,” in Santa Fe, New Mexico. The conference focused on the Statute of Anne, the first copyright statute ever, anywhere, enacted by the British Parliament in 1710.

Copyright law in the United States, the lineal descendant of the Statute of Anne, has managed to negotiate a course between over-protecting and under-protecting copyrighted matter, and to strike at least a rough balance between the social interest in securing capital investment, on the one hand, and encouraging …


Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson Jan 2010

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Comparative Law: Problems And Prospects, David Snyder Jan 2010

Comparative Law: Problems And Prospects, David Snyder

Articles in Law Reviews & Other Academic Journals

The following is an edited transcript of the closing plenary session of the XVIIIth International Congress of Comparative Law. The session took place on Saturday, July 31, 2010, in Washington, D.C., at the conclusion of the week-long congress, which is held quadrennially by the International Academy of Comparative Law (Académie Internationale de Droit Comparé). The remarks were given in a mix of French and English, but for ease of reading the transcript below is almost entirely in English.


Significance Of The Fujimori Trial, Juan E. Mendez Jan 2010

Significance Of The Fujimori Trial, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Writer's Block: Why Punctuation Matters, Part Two, David Spratt Jan 2010

Writer's Block: Why Punctuation Matters, Part Two, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Misplaced Modifiers - Say What, David Spratt Jan 2010

Misplaced Modifiers - Say What, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Special 301 And Access To Medicine In The Obama Administration, Sean Flynn Jan 2010

Special 301 And Access To Medicine In The Obama Administration, Sean Flynn

Articles in Law Reviews & Other Academic Journals

No abstract provided.


International Disparities Panel, Sean Flynn Jan 2010

International Disparities Panel, Sean Flynn

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Human Rights Implications For The Climate Negotiations, David Hunter Jan 2010

Human Rights Implications For The Climate Negotiations, David Hunter

Articles in Law Reviews & Other Academic Journals

Symposium: The Confluence of Human Rights and the EnvironmentINTRODUCTION: According to John Holdren, the Science Advisor to President Obama, humanity can only respond to climate change in three ways. We can mitigate climate change, for example by reducing greenhouse gas emissions; we can adapt to climate change, for example by defending our coastlines; or we can suffer from climate change. Given current emission levels and projected climate change impacts, we are inevitably going to do some of all three. A human rights approach, the subject of this Article, puts the focus on those who will suffer from climate change, in …


Inter-American System, Claudia Martin Jan 2010

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2010

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Joining The Convention On Biological Diversity, William Snape Jan 2010

Joining The Convention On Biological Diversity, William Snape

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Life on Earth as we know it is under siege. Significant and probably irreversible changes to the natural world are now occurring. It is an undisputed fact that we are losing wild species in nature to extinction faster than in any geologic period since the dinosaur die-off roughly sixty five million years ago. It is also undisputed that ecosystem services from land, water, and air are degraded throughout the world and threatening food supplies, economic development, scientific advancements, and global security. The rapid advent of global warming and associated climate change makes the job of saving native plants, animals, …


Outsourcing Criminal Prosecution?: The Limits Of Criminal Justice Privatization, Roger Fairfax Jan 2010

Outsourcing Criminal Prosecution?: The Limits Of Criminal Justice Privatization, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

In an era of scarce public resources, many jurisdictions are being forced to take drastic measures to address severe budgetary constraints on the administration of criminal justice. As prosecutors' budgets around the nation are being scaled back and enforcement capacities are being narrowed, one conceivable response is the outsourcing of the criminal prosecution function to private lawyers. Indeed, prosecution outsourcing currently is utilized in surprising measure by jurisdictions in the United States.

This Article, prepared for the University of Chicago Legal Forum Symposium on Crime, Criminal Law, and the Recession, argues that the outsourcing trend in criminal justice-seen most prominently …


The Dual Purposes Of The U Visa Thwarted In A Legislative Duel, Jamie Abrams Jan 2010

The Dual Purposes Of The U Visa Thwarted In A Legislative Duel, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Congress created the U visa non-immigrant classification to achieve the dual purposes of both strengthening law enforcement’s ability to pursue domestic violence cases and protecting victims. This article reveals how the gatekeeper function of the law enforcement certification in the U visa petition, as set out in the interim final regulations, undermines Congress’s dual purposes and thwarts the statutory framework entirely. The law enforcement certification provisions of the U visa interim final regulations irreparably shift considerable centralized power to law enforcement personnel, subjecting the certification process to inconsistent application and misapplication.

U Visas allow undocumented non-immigrants who are victims of …


Money Market Fund Reform Viewed Through A Systemic Risk Lens, Hilary Allen Jan 2010

Money Market Fund Reform Viewed Through A Systemic Risk Lens, Hilary Allen

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Money market funds ("MMFs") were first developed in the 1970s, and since that time, they have become increasingly popular as an alternative to deposit accounts. Since the financial crisis of September 2008, there has been much discussion about the systemic risks posed by alternatives to commercial banking products. One of the key themes of this discussion is whether the systemic importance of these alternative banking products justifies the imposition of heightened regulation and supervision. This article takes the view, after a comparison of deposit accounts and MMFs, that MMFs are systemically important. It then goes on to consider, through …


Countering The Majoritarian Difficulty, Amanda Frost Jan 2010

Countering The Majoritarian Difficulty, Amanda Frost

Articles in Law Reviews & Other Academic Journals

Most state court judges are elected to office, and thus must be attentive to voter preferences just like other elected officials. Critics of judicial elections fear that subjecting judges to majoritarian pressures jeopardizes the rights of disfavored groups and undermines the rule of law, and accordingly call for their abolition. The reality, however, is that judicial elections are firmly entrenched in thirty-eight states, and thus appear to be a permanent part of the legal landscape. This article suggests that the so-called “majoritarian difficulty” posed by elected judges can be tempered by regular interactions with appointed, life-tenured federal judges, who are …