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Articles 31 - 38 of 38

Full-Text Articles in Law

German Social Market In The World Of Global Finance: Pension Investment Management And The Limits Of Consensual Decision Making, Daniel I. Gordon, Daniel Mansfield, Adam Tickell Jan 2000

German Social Market In The World Of Global Finance: Pension Investment Management And The Limits Of Consensual Decision Making, Daniel I. Gordon, Daniel Mansfield, Adam Tickell

GW Law Faculty Publications & Other Works

In a previous paper we emphasised the changing national and international accounting standards used to measure net pension liability. Beginning with the implications of this analysis for the financing of German employer-sponsored pensions, in this paper we focus upon the internal management of corporate pension assets and liabilities. Two issues drive the analysis. One has to do with the emerging coalescence of interests joining corporate management and shareholders in relation to the management of pension assets and liabilities. The second issue has to do with the allocation of risk and uncertainty between social partners when negotiating the financing and final ...


Representing The Poor And Homeless: Innovations In Advocacy Tackling Homelessness Through Economic Self-Sufficiency, Susan R. Jones Jan 2000

Representing The Poor And Homeless: Innovations In Advocacy Tackling Homelessness Through Economic Self-Sufficiency, Susan R. Jones

GW Law Faculty Publications & Other Works

The homeless community is diverse, and the causes of homelessness are complex. As part of a Symposium entitled, "Representing the Poor and Homeless: Innovations in Advocacy Tackling Homelessness through Economic Self-sufficiency," the author discusses the challenges faced by those who attempt to address the needs of homeless people. This essay focuses on policies and innovations in income creation for homeless people. The author advocates for integrated approaches to homelessness prevention and policies that combine housing, income, and social services. In this regard, the author explores economic self-sufficiency through such innovations as microenterprise development, a rapidly growing and innovative strategy in ...


A Grace Period And European Patent Law: It's Time For Change, Martin J. Adelman Jan 2000

A Grace Period And European Patent Law: It's Time For Change, Martin J. Adelman

GW Law Faculty Publications & Other Works

This article begins by discussing the first-to-file and first-to-invent approaches to inventions. Next, the article describes how each of the two systems defines “prior art” and argues that employing the first-to-invent approach has two problems: a lack of incentive to file early and difficulty in advising an inventor about what qualifies as prior art. In the United States, something counts as prior art “[i]f the publication date is more than one year before the actual filing date.” The article concludes that Europe would benefit from adding a grace period because it would make the system fairer and create more ...


The Use Of The Doctrine Of Equivalents To Fix Mistakes A Mistake?, Martin J. Adelman Jan 2000

The Use Of The Doctrine Of Equivalents To Fix Mistakes A Mistake?, Martin J. Adelman

GW Law Faculty Publications & Other Works

Through empirical research, this article examines whether the patent system of the United States should limit the doctrine of non-textual infringement to obvious after-arising equivalents. Using five decisions from multiple jurisdictions, including the United States, Japan and Great Britain, the article explains the various patent systems and limitations those patent systems face in deciding whether an infringement is an obvious equivalent. The article then discusses the interpretations of patent claims and the policy implications of those interpretations. The article presents the policy argument for patentees to cover the costs associated with patent prosecution because the alternative would be burdensome costs ...


Let's Clear The Air: Enforcing Civil Penalties Against Federal Violators Of The Clean Air Act, Lisa M. Schenck Jan 2000

Let's Clear The Air: Enforcing Civil Penalties Against Federal Violators Of The Clean Air Act, Lisa M. Schenck

GW Law Faculty Publications & Other Works

The Clean Air Act (CAA) includes enforcement provisions by which violators of the Act can be held civilly liable for penalties. When federal agencies violate the CAA, however, the Constitution and the sovereign immunity doctrine serve as obstacles to civil enforcement. Federal agencies contend that the Constitution's separation of powers doctrine, unitary executive theory, and "case or controversy" justiciability requirement bar the United States Environmental Protection Agency (EPA) from proceeding against them in civil enforcement actions. This Article addresses these arguments and examines the executive branch's approach to enforcing the Act against federal agencies. Federal agencies also have ...


Commitment And Compliance: The Role Of Non-Binding Norms In The International Legal System (Introduction), Dinah L. Shelton Jan 2000

Commitment And Compliance: The Role Of Non-Binding Norms In The International Legal System (Introduction), Dinah L. Shelton

GW Law Faculty Publications & Other Works

The introductory chapter of this book describes a study undertaken to determine the extent to which states comply with non-binding legal principles as compared to rules of law and focused on environmental soft law. The leaders of the study provided four factors they predicted would have an effect on compliance with soft law: institutional setting, regional diversity, the type of obligation, and generality and specificity. The chapter next describes the international legal system and its recent expansion, then describes a variety of methods for resolving international issues. Next, the chapter notes a few possible reasons why states prefer to undertake ...


En Banc Revisited, Michael B. Abramowicz Jan 2000

En Banc Revisited, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Legal commentators have proposed a variety of solutions to the perceived problems of the U.S. courts of appeals, from splitting large circuits to assuring partisan balance in panel decisions. They have always assumed, however, that judges a particular appellate court should have sole responsibility for creating the law of that circuit, except when caseload pressures make it necessary to borrow visiting judges. In this Essay, Professor Abramowicz proposes using visiting judges in a more important role: en banc decision-making. Under this proposal, en banc decisions for one circuit would be made entirely by courts of appeals judges randomly selected ...


True Reparations, W. Burlette Carter Jan 2000

True Reparations, W. Burlette Carter

GW Law Faculty Publications & Other Works

Part of a George Washington University symposium on race and law, this article is a response to Professor Anthony Cook’s symposium contribution on reparations. According to this writer, Professor Cook argues that only public atonement supported by economic restitution will provide reconciliation between whites and blacks. The article interprets the three steps Professor Cook puts forth to heal the wounds between blacks and whites as confession, restoration and reconciliation. While the article does not dismiss the idea of reparations, and even offers legal support for it from the fields of Torts and Trusts and Estates, it argues that reparations-seeking ...