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Journal

2002

Discipline
Institution
Keyword
Publication

Articles 121 - 150 of 4255

Full-Text Articles in Law

Regulating Federal Prosecutors: Why Mcdade Should Be Repealed, Paula J. Casey Dec 2002

Regulating Federal Prosecutors: Why Mcdade Should Be Repealed, Paula J. Casey

Georgia State University Law Review

No abstract provided.


Picture Perfect: The First Amendment Trumps Congress In Ashcroft V. Free Speech Coalition, Paul Finkelman Dec 2002

Picture Perfect: The First Amendment Trumps Congress In Ashcroft V. Free Speech Coalition, Paul Finkelman

Tulsa Law Review

No abstract provided.


Table Of Contents Dec 2002

Table Of Contents

Tulsa Law Review

No abstract provided.


Constitutional Prohibition On The Execution Of The Mentally Retarded Criminal Defendant, Lyn Entzeroth Dec 2002

Constitutional Prohibition On The Execution Of The Mentally Retarded Criminal Defendant, Lyn Entzeroth

Tulsa Law Review

No abstract provided.


Does Palazzolo V. Rhode Island's Upholding Of The Transferability Of Takings Claims Require A Rethinking Of Takings Jurisprudence, Tyrone T. Bongard Dec 2002

Does Palazzolo V. Rhode Island's Upholding Of The Transferability Of Takings Claims Require A Rethinking Of Takings Jurisprudence, Tyrone T. Bongard

North Carolina Law Review

No abstract provided.


Table Of Contents - Issue 1, North Carolina Law Review Dec 2002

Table Of Contents - Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Gun Torts: Defining A Cause Of Action For Victims In Suits Against Gun Manufacturers, Jean Macchiaroli Eggen, John G. Culhane Dec 2002

Gun Torts: Defining A Cause Of Action For Victims In Suits Against Gun Manufacturers, Jean Macchiaroli Eggen, John G. Culhane

North Carolina Law Review

No abstract provided.


Rogers V. Tennessee: An Assault On Legality And Due Process, Heyward D. Armstrong Dec 2002

Rogers V. Tennessee: An Assault On Legality And Due Process, Heyward D. Armstrong

North Carolina Law Review

No abstract provided.


Rational Actors, Self-Defense, And Duress: Making Sense, Not Syndromes, Out Of The Battered Woman, Alafair S. Burke Dec 2002

Rational Actors, Self-Defense, And Duress: Making Sense, Not Syndromes, Out Of The Battered Woman, Alafair S. Burke

North Carolina Law Review

No abstract provided.


Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Aysmmetries Of The International Legal Order, Mark A. Drumbl Dec 2002

Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Aysmmetries Of The International Legal Order, Mark A. Drumbl

North Carolina Law Review

No abstract provided.


Picking Up The Pieces After Alexander V. Sandoval: Resurrecting A Private Cause Of Action For Disparate Impact, Derek Black Dec 2002

Picking Up The Pieces After Alexander V. Sandoval: Resurrecting A Private Cause Of Action For Disparate Impact, Derek Black

North Carolina Law Review

No abstract provided.


An Economic Analysis Of The Private Securities Litigation Reform Act: Auctions As An Efficient Alternative To Judicial Intervention, Charles H. Gray Dec 2002

An Economic Analysis Of The Private Securities Litigation Reform Act: Auctions As An Efficient Alternative To Judicial Intervention, Charles H. Gray

William & Mary Law Review

No abstract provided.


The Seatbelt Defense: A Doctrine Based In Common Sense, Jesse N. Bomer Dec 2002

The Seatbelt Defense: A Doctrine Based In Common Sense, Jesse N. Bomer

Tulsa Law Review

No abstract provided.


Employment Rights And Wrongs: Ada Issues In The 2001-2002 Supreme Court Term, Barbara K. Bucholtz Dec 2002

Employment Rights And Wrongs: Ada Issues In The 2001-2002 Supreme Court Term, Barbara K. Bucholtz

Tulsa Law Review

No abstract provided.


The European Commission's Extraterritorial Jurisdiction Over Corporate Mergers, David J. Feeney Dec 2002

The European Commission's Extraterritorial Jurisdiction Over Corporate Mergers, David J. Feeney

Georgia State University Law Review

This article examines the concept and application of the European Merger Regulation as it applies to mergers, acquisitions, and joint ventures external to the European Union (the Union) and the European Economic Area (EEA). More specifically, the article . traces the development of the Merger Regulation and how its application developed into the legal vehicle for the European Commission (the Commission) to administer its authority over the clearance or prohibition of mergers beyond its territorial frontier. Part I addresses the historical concept of extraterritorial jurisdiction under the Merger Regulation. It considers the European Court of Justice's approach to extraterritorial jurisdiction …


The Juvenile Death Penalty And International Law, Curtis A. Bradley Dec 2002

The Juvenile Death Penalty And International Law, Curtis A. Bradley

Duke Law Journal

The United States is almost alone among nations in permitting the execution of juvenile offenders. Citing this fact, along with a variety of legal and historical materials, litigants and scholars are increasingly claiming that the United States' use of the juvenile death penalty violates international law. This Article examines the validity of this claim, from the perspective of both the international legal system and the U. S. legal system. Based on a detailed examination of the United States' interaction with treaty regimes and international institutions since the late 1940s, the Article concludes that the international law arguments against the juvenile …


Rational Custom, Edward T. Swaine Dec 2002

Rational Custom, Edward T. Swaine

Duke Law Journal

Customary international law is understood to require that state practices be followed from a sense of legal obligation, though international lawyers have long puzzled over how those obligations come into being. Recent work applying rational choice theory suggests, unsettlingly, that the entire inquiry is misconceived: practices commonly attributed to obligations are merely behavioral regularities that arise from intersecting state interests, and the role of legal obligations is minimal at best. This Article attempts to explain how the rational choice critique and traditional doctrine may be reconciled. Rational choice theory, it is argued, responds to a genuine problem in the existing …


In The Election Of 2002, The Voters Of New Jersey Were The Winners, Angelo J. Genova, Jennifer Mazawey Dec 2002

In The Election Of 2002, The Voters Of New Jersey Were The Winners, Angelo J. Genova, Jennifer Mazawey

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


A Devil In Disguise: How Paycheck Protection Legislation Violates The First Amendment, Sean T. Mclaughlin Dec 2002

A Devil In Disguise: How Paycheck Protection Legislation Violates The First Amendment, Sean T. Mclaughlin

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


First Monday - Civil Liberties In A Post-9/11 World Dec 2002

First Monday - Civil Liberties In A Post-9/11 World

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


The Tax Expenditure Budget: What The U.S. Can Learn From Germany, Jonathan Babu Dec 2002

The Tax Expenditure Budget: What The U.S. Can Learn From Germany, Jonathan Babu

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Commercial Activity And Charitable Tax Exemption, John D. Colombo Dec 2002

Commercial Activity And Charitable Tax Exemption, John D. Colombo

William & Mary Law Review

No abstract provided.


An Overview Of Progress In The International Regulation Of The Pharmaceutical Industry, Joan Costa-Font, Aaron Burakoff Harvard University; University Of Barcelona Dec 2002

An Overview Of Progress In The International Regulation Of The Pharmaceutical Industry, Joan Costa-Font, Aaron Burakoff Harvard University; University Of Barcelona

The University of New Hampshire Law Review

[Excerpt] “The pharmaceutical industry, a significant source of healthcare throughout the world, has several features that distinguish it from the rest of the health industry. In the last half-century, new technology, better technological know-how, and overall economic growth have led to widespread and rapid growth in the pharmaceutical sector. Advancements in pharmaceutical research and development have led to the production of drugs that can routinely combat afflictions that, only years ago, were untreatable or even fatal. Since 1970, the average share of Gross Domestic Product (GDP) on pharmaceutical goods has increased in most Organization for Economic Cooperation and Development (OECD) …


Regulating Functional Foods: Pre- And Post-Market Strategy, Dana Ziker Nov 2002

Regulating Functional Foods: Pre- And Post-Market Strategy, Dana Ziker

Duke Law & Technology Review

As best we understand the government, its first argument runs along the following lines: that health claims lacking "significant scientific agreement" are inherently misleading because they have such an awesome impact on consumers as to make it virtually impossible for them to exercise any judgment at the point of sale. It would be as if the consumers were asked to buy something while hypnotized, and therefore they are bound to be misled. We think this contention is almost frivolous.


Trends. Disclosure Of Post-9-11 Arrestees And Maslow’S Hierarchy Of Needs, Ibpp Editor Nov 2002

Trends. Disclosure Of Post-9-11 Arrestees And Maslow’S Hierarchy Of Needs, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses the Maslowian hierarchy of needs in the context of 9-11 terrorist attacks and the relationship between executive and judicial branches of American government.


Music Piracy And The Audio Home Recording Act, Tia Hall Nov 2002

Music Piracy And The Audio Home Recording Act, Tia Hall

Duke Law & Technology Review

In spite of the guidance provided by the Audio Home Recording Act (AHRA) of 1992, music companies are once again at odds with consumer electronics manufacturers. This time around, the dispute is over certain information technology products that enable consumers to copy digital music and transfer them to different formats, or exchange them over the Internet. This article will discuss anti-piracy measures being taken by digital content owners and the United States legislature to combat piracy and evaluate them in light of the AHRA.


Trends. Getting Emotional On Nonlethal Weapons, Ibpp Editor Nov 2002

Trends. Getting Emotional On Nonlethal Weapons, Ibpp Editor

International Bulletin of Political Psychology

This article describes a significant biopsychosocial impediment to developing nonlethal weapons affecting emotional functioning.


The Recovery Of The Aviation Industry: The Aviation Security Challenge, Ibpp Editor Nov 2002

The Recovery Of The Aviation Industry: The Aviation Security Challenge, Ibpp Editor

International Bulletin of Political Psychology

This article is based on a presentation made to the SAE 2002 World Aviation Congress on November 6, 2002 by the IBPP Editor. The article’s focus is on how representatives of the aviation industry need to think about aviation security to facilitate the industry’s economic recovery.


Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor Nov 2002

Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor

International Bulletin of Political Psychology

This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.


Online Brokers And The Sec: Still Working Out The Glitches, Philip J. Bezanson Nov 2002

Online Brokers And The Sec: Still Working Out The Glitches, Philip J. Bezanson

Duke Law & Technology Review

Common sense dictates that some customers of an on-line brokerage service are bound to have some of the same difficulties in conducting business but that does not mean all customers or even many customers had the same problems. In addition, as to customers who may have had problems executing buy and/or sell orders, there are many variables regarding the circumstances and conditions for each customer's transaction. Variables such as, but not limited to, account status, time of order, i.e., time of day and day of the week, and the customer's computer modem capabilities and internet service provider. Plaintiffs fail to …