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Full-Text Articles in Law

Intellectual Property As An ‘Investment’ In International Law: A Question Of Access To Medicines Vs Access To Justice, Christopher Wadlow Jan 2011

Intellectual Property As An ‘Investment’ In International Law: A Question Of Access To Medicines Vs Access To Justice, Christopher Wadlow

Christopher Wadlow

No abstract provided.


Shifting Constitutional Designs In Latin America. A Two-Level Explanation, Gabriel L. Negretto Jan 2011

Shifting Constitutional Designs In Latin America. A Two-Level Explanation, Gabriel L. Negretto

Gabriel L. Negretto

Latin American countries have been riding a massive wave of constitutional change since 1978. One aspect of the political institutions selected as a result of this process seems particularly puzzling. Reforms that promote party pluralism and consensual decision making coexist, often within the same design, with other reforms that restrict party competition and foster concentration of power in the executive branch. This Article argues that constitutional choice is endogenous to the performance of preexisting constitutional structures and to the partisan interests and relative power of reformers. According to this theory, the seemingly contradictory trends of design that we observe in …


Fitness Tax Credits: Costs, Benefits, And Viability, Daniel Reach Jan 2011

Fitness Tax Credits: Costs, Benefits, And Viability, Daniel Reach

Daniel Reach

Rates of overweight and obesity are a growing problem in the United States, and tax incentives are an effective response to encourage healthier behavior. A focus on tax incentives to encourage exercise, instead of a focus on diet, would largely avoid the special-interest opposition that tax policies focused on diet have experienced and also provides a more palatable solution for the taxpayer beneficiaries with a low impact on government revenues. Viable tax incentives to encourage greater fitness include tax credits and sales tax breaks, and in the alternative direct subsidies can be used to facilitate similar behavior. This Article posits …


Can We Find And Stop The "Jihad Janes"?, Diane Webber Jan 2011

Can We Find And Stop The "Jihad Janes"?, Diane Webber

Diane Webber

Two female American citizens, Colleen LaRose, a.k.a. “Jihad Jane” and Jamie Paulin-Ramirez, whose appearance and passports allow them to blend into Western society, currently represent “one of the worst fears” of intelligence and FBI analysts who work to identify terrorist threats. On both sides of the Atlantic, similar problems exist of homegrown terrorism and radicalization, and the internet has a huge impact on these issues. This paper examines the tools available to the U.S. and the U.K. to find and stop potential homegrown terrorists from perpetrating catastrophic acts of terror. After assessing the differences between U.S. and U.K. law, I …


Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson Jan 2011

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.


El Triunfo De La República Liberal Y La Constitución Poblana De 1861, Alejandro G. Escobedo Rojas, Juan Pablo Salazar Andreu Jan 2011

El Triunfo De La República Liberal Y La Constitución Poblana De 1861, Alejandro G. Escobedo Rojas, Juan Pablo Salazar Andreu

Alejandro G Escobedo Rojas

No abstract provided.


Cancun Climate Negotiations, Prof. Elizabeth Burleson Jan 2011

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.


Water, Climate, And Energy Security, Prof. Elizabeth Burleson Jan 2011

Water, Climate, And Energy Security, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.


From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Prof. Elizabeth Burleson Jan 2011

From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article considers the advantages and disadvantages of market-based program design, natural gas regulation, and enhanced international understanding. Transitioning to a green economy involves dedicating efforts towards environmentally sound energy innovation. RGGI, natural gas, and climate change represent sustainability challenges. Optimizing cooperative transboundary green innovation can facilitate inclusive decision-making just as public participation by civil society can help economies transition to environmentally sound energy use. Building upon progress made in the human rights and environment fields can advance both and enhance resilience.


Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson Jan 2011

Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Nuclear meltdown in Japan and civil society strife across the Middle East highlight the degree to which resilience is core to international peace and security. This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures.