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Articles 1 - 30 of 59
Full-Text Articles in Law
Odious Debt In Retrospect, Daniel K. Tarullo
Odious Debt In Retrospect, Daniel K. Tarullo
Law and Contemporary Problems
In the eighty years since Alexander Sack coined the phrase "odious debt," academics and activists have periodically rediscovered Sack's idea, often arguing for its application or extension-to this point, in vain. Here, Tarullo reveals the degree to which current interest in the problem of odious debt is intertwined with other problems that strike more critically at the well-being of developing-and emerging-market countries. He reasons that the necessarily complex effort needed to institutionalize a doctrine of odious debt is a potentially effective organizing principle for generating the political will to address these other persistent, debilitating problems.
Law And Feminism: Foreword, Mary Jane Mossman
Law And Feminism: Foreword, Mary Jane Mossman
Osgoode Hall Law Journal
No abstract provided.
Partially Odious Debts?, Omri Ben-Shahar, Mitu Gulati
Partially Odious Debts?, Omri Ben-Shahar, Mitu Gulati
Law and Contemporary Problems
Ben-Shahar borrows from a rich private-law tradition to explore the treatment of odious debt as a problem analogous to allocation of liability in private law. Drawing on the economic analysis of private law, it develops insights as to the structure of an optimal liability scheme. Under this approach, liability is imposed not on the basis of some intrinsic judgment as to the parties' relative blameworthiness, but rather in a forward-looking fashion, on parties who are best suited to take actions to prevent the loss. In addition, liability is imposed on a magnitude tailored to induce an optimal level of precautionary …
Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla
Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Lawyering In The 21st Century: A Capstone Course On The Law And Ethics Of Lawyering, Judith L. Maute
Lawyering In The 21st Century: A Capstone Course On The Law And Ethics Of Lawyering, Judith L. Maute
Saint Louis University Law Journal
No abstract provided.
Oil. The Geopolitics Of Oil And Iraq, Issam Al-Chalabi
Oil. The Geopolitics Of Oil And Iraq, Issam Al-Chalabi
New England Journal of Public Policy
The author deals only with the recent developments that will shape the destiny of Iraq and determine whether it will remain a unified country or disintegrate. He is not optimistic.
Consensual Sex Crimes In The Armed Forces: A Primer For The Uninformed, Walter T. Cox Iii
Consensual Sex Crimes In The Armed Forces: A Primer For The Uninformed, Walter T. Cox Iii
Duke Journal of Gender Law & Policy
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, . . . shall be punished at the discretion of that court.5 To implement this congressionally-enacted prohibition, the President, as Commander-in-Chief of the Armed Forces, has deemed by executive order that a number of acts are punishable under this Article.
Legal Impediments To Service: Women In The Military And The Rule Of Law, Linda Strite Murnane
Legal Impediments To Service: Women In The Military And The Rule Of Law, Linda Strite Murnane
Duke Journal of Gender Law & Policy
Some of those who served did so by disguising themselves as men.6 A number of women had served as spies, as was the case of Rose O'Neal Greenhow, who was arrested and imprisoned for supplying the Confederate Army with information, and Pauline Cushman, who was sentenced to be executed as a Union spy during the War Between the States.7 The first woman to receive the Congressional Medal of Honor, Dr. Mary Walker, provided her services as a doctor free of charge to Union forces in Virginia and Tennessee.8 She had asked the Union Army to hire her as a doctor, …
A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum
A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum
Dalhousie Law Journal
Students in first year law in English-speaking common law schools in Canada follow a fairly standard curficulum, heavily weighted in favour of private law subjects such as torts, contracts and property, with criminal law, constitutional law, and perhaps a methods, theories or skills course rounding out their required courses. Most students find the content to be as they expected in courses in torts, contracts, criminal and constitutional law. These areas of law, after all, provide the law-related stories that are an increasing part ofnational and even international news. But many students find first year property a puzzle. They expect the …
Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost
Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble
Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble
ILSA Journal of International & Comparative Law
International law teaching combines the worst aspects of sex and the weather. Everyone thinks they are an expert; they complain about problems but do nothing to improve the situation.
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Epidemiology 101: An Overview Of Epidemiology And Its Relevance To U.S. Law, Richard A. Goodman
Epidemiology 101: An Overview Of Epidemiology And Its Relevance To U.S. Law, Richard A. Goodman
Journal of Health Care Law and Policy
No abstract provided.
The Law And Economics Of Identity, Rafael Gely
The Law And Economics Of Identity, Rafael Gely
Duke Journal of Gender Law & Policy
"24 Social norms, for example, have long had an important impact on gender roles in employment specifically with respect to work/family concerns.25 Moreover, one of the central conclusions of the famous Hawthorne experiments of the 1930s26 was that employee work effort is significantly influenced by the norms of the employee's workgroup with respect to what constitutes an appropriate work level or output.27 Applying this analysis, employees are deemed not "irrational" when they don't increase output in response to increased employer incentive pay; they are simply responding to workplace social norms-i.e., they don't want to be ostracized by fellow employees as …
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
Duke Journal of Gender Law & Policy
The keynote speaker for the conference begins by reminding the audience that a mere quarter of a century earlier there was no federal law that expressly prohibited discrimination in employment based on physical appearance. Considering the difficulty of crafting and enacting an appearance-based employment discrimination law should lead to a fuller appreciation of not only our employment discrimination laws generally, but also the Americans with Disabilities Act specifically.
Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson
Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson
Duke Journal of Gender Law & Policy
The overwhelming majority of support for bans on same-sex civil marriage has come from religious believers, and the so-called "secular justifications" for these bans are mere pretexts for religious beliefs that homosexuality, homosexuals, and same-sex couples are evil or sinful. Courts should take a hard look at the substantive justifications offered in support of same-sex marriage bans, bearing in mind that (1) these justifications are universally offered by religious believers but are infrequently offered by credentialed Secularists, and (2) they are the result of a studied use of pretextual, secular-sounding language to cloak a religiously-motivated bias against homosexuals and same-sex …
Humane Education, Dissection, And The Law, Marcia Goodman Kramer
Humane Education, Dissection, And The Law, Marcia Goodman Kramer
Animal Law Review
Students regularly encounter animal dissection in education, yet humane education receives little attention in animal law. This article analyzes the status of humane education laws in the United States. It discusses the range of statutory protections, from student choice laws to bans on vivisection. The article then analyzes the litigation options for students who do not wish to dissect, including constitutional claims and claims arising under student choice laws. The article concludes by calling for additional legislation to protect students who have ethical objections to dissection.
Front Matter
Animal Law Review
Front Matter includes Title Page, masthead, advisors, and Table of Contents for Animal Law Review Vol. 13, Issue 2.
At A Complex Crossroads: Animal Law In Indian Country, Rob Roy Smith
At A Complex Crossroads: Animal Law In Indian Country, Rob Roy Smith
Animal Law Review
Animals play an especially important role in Indian history and culture. The value of animals to the tribes is reflected in every aspect of their culture, from song and dance to land use and treaty terms. Tribes today are still dependent on fish and wildlife for ceremonies and everyday living. The tribes have translated their value for animals into creative ways to protect domestic animals and manage animal populations, including working with state and federal governments to co-manage fish and wildlife populations. This article begins with a discussion of criminal and civil jurisdiction within Indian Country. The article provides a …
2006 Legislative Review, Marjorie A. Berger
Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz
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
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
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
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
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
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
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
Northwestern Journal of Technology and Intellectual Property
No abstract provided.