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Northwestern Pritzker School of Law

2007

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Articles 31 - 60 of 87

Full-Text Articles in Law

Hedge Fund Regulation: What The Fsa Is Doing Right And Why The Sec Should Follow The Fsa's Lead, Lartease Tiffith Jan 2007

Hedge Fund Regulation: What The Fsa Is Doing Right And Why The Sec Should Follow The Fsa's Lead, Lartease Tiffith

Northwestern Journal of International Law & Business

Recent news about hedge funds' successes and failures, and in some cases outright fraud, has increased the public's interest in a field that often prefers to cloak itself in a hidden veil. One can analogize hedge fund managers and the hedge fund industry to the nostalgic era of cowboys and the wild frontier. Hedge fund managers, like cowboys of the old days, do not want to be regulated. Just as the cowboys entering the frontier appreciated the lack of law or authority over their actions, today's hedge fund managers appreciate the lack of law or authority over their actions. And …


Development In International Energy Law, David Van Zandt Jan 2007

Development In International Energy Law, David Van Zandt

Northwestern Journal of International Law & Business

International energy law embodies a matter of keen interest that affects the daily lives of citizens in developing and developed countries worldwide. Among numerous other effects, international energy law influences gas prices, wages, employment rates and domestic market regulations. The weight of these direct consequences of international energy law and policy led to the creation of this year's symposium topic. The goal of this year's symposium is to identify issues arising from various international energy laws as well as to understand the effects that recent international events, including the fall of Enron, the creation of NAFTA and the political unrest …


Proven Guilty: An Examination Of The Penalty-Free World Of Post-Conviction Dna Testing , Gwendolyn Carroll Jan 2007

Proven Guilty: An Examination Of The Penalty-Free World Of Post-Conviction Dna Testing , Gwendolyn Carroll

Journal of Criminal Law and Criminology

No abstract provided.


Innocents Convicted: An Empirical Justified Factual Wrongful Conviction Rate, D. Michael Risinger Jan 2007

Innocents Convicted: An Empirical Justified Factual Wrongful Conviction Rate, D. Michael Risinger

Journal of Criminal Law and Criminology

No abstract provided.


Comment: Experts Who Don't Know They Don't Know, Jonathan Koehler Jan 2007

Comment: Experts Who Don't Know They Don't Know, Jonathan Koehler

Faculty Working Papers

Sadly, the conclusion reached by Green and Armstrong (2006) – that experts should not be used for predicting the decisions that people will make in conflicts – comes as no surprise. Decades ago, Armstrong himself taught us that expertise beyond a minimal level does not improve judgmental accuracy across a variety of domains (Armstrong, 1980). More recently, Tetlock (2006) drove home the point in a study of hundreds of political experts who made thousands of forecasts over many years. Like Green and Armstrong (2006), Tetlock (2006) found that that expert forecasts were frequently inaccurate. In a nod to Armstrong's previous …


Symposium: Technical Change And The Evolution Of Criminal Law: Foreword Jan 2007

Symposium: Technical Change And The Evolution Of Criminal Law: Foreword

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Discovery Of Internet Communications Under The Stored Communications Act: It's Not A Level Playing Field , Marc J. Zwillinger, Christian S. Genetski Jan 2007

Criminal Discovery Of Internet Communications Under The Stored Communications Act: It's Not A Level Playing Field , Marc J. Zwillinger, Christian S. Genetski

Journal of Criminal Law and Criminology

No abstract provided.


Reasonable Expectations Of Privacy And Novel Search Technologies: An Economic Approach , Steven Penney Jan 2007

Reasonable Expectations Of Privacy And Novel Search Technologies: An Economic Approach , Steven Penney

Journal of Criminal Law and Criminology

No abstract provided.


Guantanamo And Beyond: Dangers Of Rigging The Rules, Brian J. Foley Jan 2007

Guantanamo And Beyond: Dangers Of Rigging The Rules, Brian J. Foley

Journal of Criminal Law and Criminology

No abstract provided.


The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman Jan 2007

The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman

Journal of Criminal Law and Criminology

No abstract provided.


Assembling Recidivism: The Promise And Contingencies Of Post-Release Life , Mark Halsey Jan 2007

Assembling Recidivism: The Promise And Contingencies Of Post-Release Life , Mark Halsey

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2007

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Grassroots Death Sentences: The Social Movement For Capital Child Rape Laws, Monica C. Bell Jan 2007

Grassroots Death Sentences: The Social Movement For Capital Child Rape Laws, Monica C. Bell

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Procedure In Perspective, Kit Kinports Jan 2007

Criminal Procedure In Perspective, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.


Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin Jan 2007

Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin

Journal of Criminal Law and Criminology

No abstract provided.


Domestic Violence And Mandatory Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani Jan 2007

Domestic Violence And Mandatory Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani

Journal of Criminal Law and Criminology

No abstract provided.


Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini Jan 2007

Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini

Northwestern Journal of International Law & Business

An increase in global reliance on fossil fuels has prompted greater discussion on energy security. For the United States, interest has focused on ensuring that countries in the Western Hemisphere, which currently supply roughly half of U.S. imports of crude oil and petroleum products, remain stable sources of energy. While concerns have focused on political instability and a rising interest in the hemisphere's energy resources by China and India, the conversation centers on a hemispheric trend toward resource nationalism. Resource nationalism is exemplified by the global trend of placing the world's oil reserves under the control of national oil companies …


Methanex V. United States: The Realignment Of Nafta Chapter 11 With Environmental Regulation, Kara Dougherty Jan 2007

Methanex V. United States: The Realignment Of Nafta Chapter 11 With Environmental Regulation, Kara Dougherty

Northwestern Journal of International Law & Business

In July 1999, the Canadian firm Methanex Corporation ("Methanex") notified the United States of its intention to seek approximately $1 billion in damages for the United States's alleged breach of Chapter 11 of the North American Free Trade Agreement ("NAFTA"). NAFTA, a trilateral agreement among the United States, Canada and Mexico (the "Parties"), gives private, foreign investors from each country the right to bring claims against another Party under certain circumstances. Methanex claimed a California measure banning the use of the gasoline additive MTBE discriminated against and expropriated its investments. The case of Methanex v. United States highlights two unintended …


Outsourcing Drug Investigations To India: A Comment On U.S., Indian, And International Regulation Of Clinical Trials In Cross-Border Pharmaceutical Research, James Cekola Jan 2007

Outsourcing Drug Investigations To India: A Comment On U.S., Indian, And International Regulation Of Clinical Trials In Cross-Border Pharmaceutical Research, James Cekola

Northwestern Journal of International Law & Business

The traditional research and development model of large pharmaceutical companies is arguably unsustainable in current times. For example, estimated research and development costs increased as much as twelve percent over the last year while pharmaceutical sales grew only seven percent over the same period. Current estimates put the price to develop a new drug and bring it to market between $800 million and $1.5 billion per drug. These costs are increasing, driving large pharmaceutical companies to find more cost-effective research and development models. One cost-saving initiative is to globalize the system. In particular, companies have increasingly outsourced the required investigational …


Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz Jan 2007

Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins Jan 2007

Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins

Northwestern Journal of Technology and Intellectual Property

Trouble is brewing for patent infringement defendants who use lawyers from one law firm to act as trial counsel and other lawyers from the same or different firm (albeit perfectly screened off from the trial team) to prepare a non-infringement opinion as an advice of counsel defense to allegations of willful infringement. The 2006 Federal Circuit decision in EchoStar has set off a veritable feeding frenzy of attacks by patentees' counsel on the most sacred of attorney client communications and work product: that of trial counsel. In a case of first impression, one federal court has even granted a motion …


National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo Jan 2007

National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho Jan 2007

From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa Jan 2007

Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour Jan 2007

Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford Jan 2007

Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Times May Have Changed, But The Song Is Still The Same: Why The Supreme Court Was Incorrect To Stray From Sony's Reasoning In Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., Julie A. Wooten Jan 2007

Times May Have Changed, But The Song Is Still The Same: Why The Supreme Court Was Incorrect To Stray From Sony's Reasoning In Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., Julie A. Wooten

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Overcoming The Achilles Heel Of Copyright Law, Haochen Sun Jan 2007

Overcoming The Achilles Heel Of Copyright Law, Haochen Sun

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Emerging Bric Economies: Lessons From Intellectual Property Negotiation And Enforcement, Robert C. Bird, Daniel R. Cahoy Jan 2007

The Emerging Bric Economies: Lessons From Intellectual Property Negotiation And Enforcement, Robert C. Bird, Daniel R. Cahoy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Welcoming Remarks, David E. Van Zandt Jan 2007

Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Welcoming Remarks, David E. Van Zandt

Northwestern Journal of Technology and Intellectual Property

No abstract provided.