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Full-Text Articles in Law

The Proceedings Of The European Ombudsman, Simone Cadeddu Dec 2004

The Proceedings Of The European Ombudsman, Simone Cadeddu

Law and Contemporary Problems

Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.


European Principles Governing National Administrative Proceedings, Claudio Franchini Dec 2004

European Principles Governing National Administrative Proceedings, Claudio Franchini

Law and Contemporary Problems

It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.


Forms Of European Administrative Action, Mario P. Chiti Dec 2004

Forms Of European Administrative Action, Mario P. Chiti

Law and Contemporary Problems

Chiti examines the various forms of European administration and their associated administrative law systems. Chiti recounts the history of administration and of administrative law in the European Community, examines the main types of administrative action in the Community, and highlights the novel elements and the shortcomings of European administrative law today.


Four Ways To Better 1l Assessments, Ron M. Aizen Dec 2004

Four Ways To Better 1l Assessments, Ron M. Aizen

Duke Law Journal

No abstract provided.


Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman Oct 2004

Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman

Law and Contemporary Problems

An association is more likely to win immunity from an antidiscrimination law, the more clearly its message is a discriminatory one. Boy Scouts of America v. Dale is in some tension with this rule, but the opinion is so muddled that it establishes no new rule to displace the old one.


Capitalism And Freedom — For Whom?: Feminist Legal Theory And Progressive Corporate Law, Kellye Y. Testy Oct 2004

Capitalism And Freedom — For Whom?: Feminist Legal Theory And Progressive Corporate Law, Kellye Y. Testy

Law and Contemporary Problems

Progressive corporate law has the potential to realign corporate activity and market economies with human benefit. The present state of disruption in the economy is a key moment: with disruption comes the opportunity for change.


Democracy And The Dominance Of Delaware In Corporate Law, Kent Greenfield Oct 2004

Democracy And The Dominance Of Delaware In Corporate Law, Kent Greenfield

Law and Contemporary Problems

Delaware has a population less than one-third of one percent of the nation, but it is the state of incorporation for more than fifty percent of US public companies and more than sixty percent of the Fortune 500. Delaware's resulting dominance over the terms of corporate governance in the US has been the subject of one of the grandest debates within corporate law scholarship.


Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein Oct 2004

Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein

Law and Contemporary Problems

The rule of law helps to check tendencies to excess, aligns remedies with what happened to similarly situated persons in the past, and give both power and accountability to public officials. Asserting its perpetual demand of Muss es sein? in reaction to oppressions, tort law jolts stais into change.


Corporate Law Or The Law Of Business?: Stakeholders And Corporate Governance At The End Of History, Adam Winkler Oct 2004

Corporate Law Or The Law Of Business?: Stakeholders And Corporate Governance At The End Of History, Adam Winkler

Law and Contemporary Problems

Surely, corporate managers themselves, who must operate within the broader law of business, are aware of the legally imposed duties to protect workders, consumers, and larger communities. Perhaps it is time corporate lawyers caught up to this reality.


Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy May 2004

Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy

San Diego International Law Journal

The debate over whether cyberspace can or should be regulated is essentially dead. This is the conclusion being taught in law schools today. The battle between Judge Frank Easterbrook and Professor Lawrence Lessig over "laws" and "horses", infamous among cyberspace legal scholars, became irrelevant when geographically-based governments began regulating Internet related activities. However, debate over how the Internet should be regulated continues. One way of framing this debate is in terms of deciding how to regulate behavior in cyberspace. Professor Lessig postulated four kinds of constraints regulate behavior: (1) social norms, (2) markets, (3) law, and (4) architecture. This comment …


Bringing The Messiah Through Law: Legal Education At The Jesuit Schools, Daniel J. Morrissey Mar 2004

Bringing The Messiah Through Law: Legal Education At The Jesuit Schools, Daniel J. Morrissey

Saint Louis University Law Journal

No abstract provided.


The Metaphysics Of Property: Looking Beneath The Surface Of Regulatory Takings Law After Tahoe-Sierra Preservation Council V. Tahoe Regional Planning Agency, Brian J. Nolan Mar 2004

The Metaphysics Of Property: Looking Beneath The Surface Of Regulatory Takings Law After Tahoe-Sierra Preservation Council V. Tahoe Regional Planning Agency, Brian J. Nolan

Saint Louis University Law Journal

No abstract provided.


Law Is The Answer? Do We Know That For Sure?: Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh Goodmark Jan 2004

Law Is The Answer? Do We Know That For Sure?: Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh Goodmark

Saint Louis University Public Law Review

No abstract provided.


A Global Convention On Choice Of Court Agreements, Ronald A. Brand Jan 2004

A Global Convention On Choice Of Court Agreements, Ronald A. Brand

ILSA Journal of International & Comparative Law

A Special Commission of the Hague Conference on Private International Law will meet during the first nine days of December 2003 to consider a Draft Text on Choice of Court Agreements.


Recent Developments In International Commercial Arbitration, Houston Putnam Lowry Jan 2004

Recent Developments In International Commercial Arbitration, Houston Putnam Lowry

ILSA Journal of International & Comparative Law

Arbitration is the preferred method of settling commercial disputes internationally.


The Global Challenge To Legal Education: Training Lawyers For A New Paradigm Of Economic, Political And Legal-Cultural Expectations In The 21st Century, Winston P. Nagan, Frsa, Danie Visser Jan 2004

The Global Challenge To Legal Education: Training Lawyers For A New Paradigm Of Economic, Political And Legal-Cultural Expectations In The 21st Century, Winston P. Nagan, Frsa, Danie Visser

ILSA Journal of International & Comparative Law

Enormous developments are taking place in the global economy. Initia- tives are being taken from the top down, and quite literally, from the bottom up.


Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2004

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

One of the more common criticisms of modem globalization is that this trend is leading to "higher inequality within countries."


Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2004

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

In discussing the justice processes used in Indonesia and East Timor to hold individuals accountable for serious violations of international law com- mitted in East Timor, it is important to emphasize that the problems are rooted in politics not the rule of law.


Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2004

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

In Ocho Rios, on July 23-24, 2004, the American and Caribbean Law Initiative ("ACLI")' held a conference entitled "Caribbean Market Forces: Emerging Trends in International and Comparative Law."


Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon Jan 2004

Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon

Animal Law Review

The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions.


The Right To Play, Edward Castronova Jan 2004

The Right To Play, Edward Castronova

NYLS Law Review

No abstract provided.


Introduction To W. Bernard Richland's Address Before The National Institute For Municipal Law Officers On October 15, 1975, Courtney Rineer Jan 2004

Introduction To W. Bernard Richland's Address Before The National Institute For Municipal Law Officers On October 15, 1975, Courtney Rineer

NYLS Law Review

No abstract provided.


The Honorable Jack B. Weinstein, United States District Court For The Eastern District Of New York, Jack B Weinstein Jan 2004

The Honorable Jack B. Weinstein, United States District Court For The Eastern District Of New York, Jack B Weinstein

NYLS Law Review

No abstract provided.


Demystifying The Madrid Protocol, John M. Murphy Jan 2004

Demystifying The Madrid Protocol, John M. Murphy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Plus Ça Change. . . . How A French Court May Have Changed Internet Advertising Forever: Google France Fined For Selling Trademarked "Keywords", Brett August Jan 2004

Plus Ça Change. . . . How A French Court May Have Changed Internet Advertising Forever: Google France Fined For Selling Trademarked "Keywords", Brett August

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Use Of A Game Over: Emulation And The Video Game Industry, A White Paper, James Conley, Ed Andros, Priti Chinai, Elise Lipkowitz, David Perez Jan 2004

Use Of A Game Over: Emulation And The Video Game Industry, A White Paper, James Conley, Ed Andros, Priti Chinai, Elise Lipkowitz, David Perez

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Creating An Online Internet Tax: A Complex Construction?, Isaac J. Morris Jan 2004

Creating An Online Internet Tax: A Complex Construction?, Isaac J. Morris

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Actual Confusion In Trademark Infringement Litigation: Restraining Subjectivity Through A Factor-Based Approach To Valuing Evidence, Mark D. Robins Jan 2004

Actual Confusion In Trademark Infringement Litigation: Restraining Subjectivity Through A Factor-Based Approach To Valuing Evidence, Mark D. Robins

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark Jan 2004

Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson Jan 2004

How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.