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Full-Text Articles in Law

Convergence, Culture And Contract Law In China, John H. Matheson Jan 2006

Convergence, Culture And Contract Law In China, John H. Matheson

Minnesota Journal of International Law

No abstract provided.


American Films In China: An Analysis Of China's Intellectual Property Record And Reconsideration Of Cultural Trade Exceptions Amidst Rampant Piracy, Carl Erik Heiberg Jan 2006

American Films In China: An Analysis Of China's Intellectual Property Record And Reconsideration Of Cultural Trade Exceptions Amidst Rampant Piracy, Carl Erik Heiberg

Minnesota Journal of International Law

No abstract provided.


Putting A Mine On The Moon: Creating An International Authority To Regulate Mining Rights In Outer Space, Jeremy L. Zell Jan 2006

Putting A Mine On The Moon: Creating An International Authority To Regulate Mining Rights In Outer Space, Jeremy L. Zell

Minnesota Journal of International Law

No abstract provided.


Around The World In Eighty Centiliters, Jim Chen Jan 2006

Around The World In Eighty Centiliters, Jim Chen

Minnesota Journal of International Law

No abstract provided.


Max Weber, Talcott Parsons And The Sociology Of Legal Reform: A Reassessment With Implications For Law And Development, Chantal Thomas Jan 2006

Max Weber, Talcott Parsons And The Sociology Of Legal Reform: A Reassessment With Implications For Law And Development, Chantal Thomas

Minnesota Journal of International Law

No abstract provided.


Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson Jan 2006

Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson

Minnesota Journal of International Law

No abstract provided.


Trade And Tensions, Daniel J. Gifford Jan 2006

Trade And Tensions, Daniel J. Gifford

Minnesota Journal of International Law

No abstract provided.


Trade And Tensions, Daniel J. Gifford Jan 2006

Trade And Tensions, Daniel J. Gifford

Articles

International disputes and tensions arise in situations where one nation is seeking its own economic betterment in ways that diminish the economic welfare of other nations. Prior to World War II, most nations deployed systems of tariffs and import quotas in unveiled attempts to protect their domestic in- dustries. Today, trading tensions are often generated by a range of government activities that limit imports or subsidize exports; yet the governments that impose these measures often rationalize them as policy measures that have no protectionist or other trading objective. The earlier trading model was a mer- cantilist one. Economic welfare was …


Challenging Delaware's Desirability As A Haven For Incorporation, Philip S. Garon, Michael A. Stanchfield, John H. Matheson Jan 2006

Challenging Delaware's Desirability As A Haven For Incorporation, Philip S. Garon, Michael A. Stanchfield, John H. Matheson

Articles

Whether a "race to the bottom" or a "race to the top," the competition among many states to encourage businesses to incorporate in their states has wide-ranging consequences for those businesses. Those consequences include the allocation of rights, powers, duties, and liabilities among corporate directors, officers, and shareholders. Despite the tendency to analyze this competition as a multi-state contest, empirical research shows that the "race" is actually a vast number of individual races between just two states at a time: the state in which the would-be corporation's principal office will be located and Delaware. Attorneys and their clients are regularly …


The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins Jan 2006

The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins

Articles

By exploring statelessness through legal, theoretical, and practical lenses, this article presents a broad examination of the human rights of stateless persons. The article delineates the rights of stateless persons as enunciated in various human rights instruments; presents the mechanisms of, and paths to, statelessness; illustrates the practical struggles of stateless persons by highlighting the plights of various stateless populations; examines how the problem of statelessness is being addressed; and considers the complex political and regional forces affecting policies towards stateless persons. The article concludes with recommendations regarding remedies and solutions for statelessness.


The Future Of The Legal Profession, Robert Stein Jan 2006

The Future Of The Legal Profession, Robert Stein

Articles

It is a pleasure to be with you this evening and share some thoughts with you. Sandy and I are delighted to see so many wonderful friends here. I hope we have an opportunity to greet each of you before the evening is over. I include my wife, Sandy, in our network of friends because she has been my partner throughout my association with the Law School - during the time I was a student, then a faculty member, and eventually as Dean - and so many friends here tonight are friends of both of ours. I'd like to ask …


Raz, Authority, And Conceptual Analysis, Brian Bix Jan 2006

Raz, Authority, And Conceptual Analysis, Brian Bix

Articles

In "Authority: Revisiting the Service Conception," Joseph Raz reflects on his work on the nature of authority, defending much of what he has written on the subject, while offering some additional clarifications and modifications. I must leave to others a more direct assessment of Raz's views on authority, and the revisions he has suggested in this most recent paper. I will instead focus on some of the methodological considerations he discusses in this paper; in particular, I will compare and contrast Raz's discussion here about conceptual analysis and the concept of authority with his recent analyses of the conceptual analysis …


Blakely In Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, Richard Frase Jan 2006

Blakely In Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, Richard Frase

Articles

The Supreme Court's decision in Blakely v. Washington' has produced some changes in sentencing law and practice in Minnesota, but after two years the basic structure of the state's pioneering sentencing guidelines system remains intact. Blakely caused much initial concern and uncertainty, but the dire predictions2 of catastrophic change or major retreat from progressive sentencing policy have not been borne out. This article examines the ways in which critical policy choices made before and after Blakely helped to preserve the most important features of the Guidelines. Part I shows how the design, implementation, and pre-Blakely evolution of the Guidelines served …


Purposes And Functions Of Sentencing, Michael Tonry Jan 2006

Purposes And Functions Of Sentencing, Michael Tonry

Articles

No abstract provided.


Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield Jan 2006

Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield

Articles

No abstract provided.


Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield Jan 2006

Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield

Articles

No abstract provided.


The Regulatory Void Of Contingent Work, Stephen F. Befort Jan 2006

The Regulatory Void Of Contingent Work, Stephen F. Befort

Articles

No abstract provided.


Brother, Can You Paradigm? Book Review Of: Revolution By Judiciary: The Structure Of American Constitutional Law. By Jed Rubenfeld, Brannon P. Denning Jan 2006

Brother, Can You Paradigm? Book Review Of: Revolution By Judiciary: The Structure Of American Constitutional Law. By Jed Rubenfeld, Brannon P. Denning

Constitutional Commentary

Book review: Revolution by Judiciary: The Structure of American Constitutional Law. By Jed Rubenfeld. Cambridge, Harvard University Press. 2005. Pp. ix + 241. Reviewed by: Brannon P. Denning


Presidential Signing Statements And Executive Power, Curtis A. Bradley, Eric A. Posner Jan 2006

Presidential Signing Statements And Executive Power, Curtis A. Bradley, Eric A. Posner

Constitutional Commentary

No abstract provided.


The Constitution And The Annexation Of Texas, Earl M. Maltz Jan 2006

The Constitution And The Annexation Of Texas, Earl M. Maltz

Constitutional Commentary

No abstract provided.


Originalism As A Legal Enterprise, Gary Lawson, Guy Seidman Jan 2006

Originalism As A Legal Enterprise, Gary Lawson, Guy Seidman

Constitutional Commentary

No abstract provided.


Judicial Interpretive Finality And The Constitutional Text, John Harrison Jan 2006

Judicial Interpretive Finality And The Constitutional Text, John Harrison

Constitutional Commentary

No abstract provided.


Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, Julian Ku, John Yoo Jan 2006

Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, Julian Ku, John Yoo

Constitutional Commentary

No abstract provided.


Mixed Motives: Regarding Race And Racial Fortuity. Book Review Of: Silent Covenants: Brown V. Board Of Education And The Unfulfilled Hopes For Racial Reform. By Derrick Bell, Kathleen A. Bergin Jan 2006

Mixed Motives: Regarding Race And Racial Fortuity. Book Review Of: Silent Covenants: Brown V. Board Of Education And The Unfulfilled Hopes For Racial Reform. By Derrick Bell, Kathleen A. Bergin

Constitutional Commentary

Book review: Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform. By Derrick Bell. Oxford University Press. 2004. Pp. 230. Reviewed by: Kathleen A. Bergin


Compelled Speech, Larry Alexander Jan 2006

Compelled Speech, Larry Alexander

Constitutional Commentary

No abstract provided.


Justice Iredell, Choice Of Law, And The Constitution-A Neglected Encounter, Michael G. Collins Jan 2006

Justice Iredell, Choice Of Law, And The Constitution-A Neglected Encounter, Michael G. Collins

Constitutional Commentary

No abstract provided.


Farewell To Social Nostalgia. Book Review Of: Beyond Camelot: Rethinking Politics And Law For The Modern State. By Edward L. Rubin., Peter E. Quint Jan 2006

Farewell To Social Nostalgia. Book Review Of: Beyond Camelot: Rethinking Politics And Law For The Modern State. By Edward L. Rubin., Peter E. Quint

Constitutional Commentary

Book review: Beyond Camelot: Rethinking Politics and Law for the Modern State. By Edward L. Rubin. Princeton, Princeton University Press, 2005. Pp. 471. Reviewed by: Peter E. Quint


"Modest Expectations"?: Civic Unity, Religious Pluralism, And Conscience. Book Review Of: Divided By God: America's Church-State Problem - And What We Should Do About It. By Noah Feldman; The Right To Be Wrong: Ending The Culture War Over Religion In America. By Kevin Seamus Hasson, Richard W. Garnett Jan 2006

"Modest Expectations"?: Civic Unity, Religious Pluralism, And Conscience. Book Review Of: Divided By God: America's Church-State Problem - And What We Should Do About It. By Noah Feldman; The Right To Be Wrong: Ending The Culture War Over Religion In America. By Kevin Seamus Hasson, Richard W. Garnett

Constitutional Commentary

Book review: Divided by God: America's Church-State Problem - And What We Should Do About It. By Noah Feldman. Farrar, Straus & Giroux. 2005. Pp. 306 ; The Right to be Wrong: Ending the Culture War Over Religion in America. By Kevin Seamus Hasson. Encounter Books. 2005. Pp. 176 + xii. Reviewed by: Richard W. Garnett


Hamdan's Limits And The Military Commissions Act, Samuel Estreicher, Diarmuid O'Scannlain Jan 2006

Hamdan's Limits And The Military Commissions Act, Samuel Estreicher, Diarmuid O'Scannlain

Constitutional Commentary

No abstract provided.


Deduction, Legal Reasoning, And The Rule Of Law. Book Review Of: Rhetoric And The Rule Of Law. A Theory Of Legal Reasoning. By Neil Mccormick, Spaak Torben Jan 2006

Deduction, Legal Reasoning, And The Rule Of Law. Book Review Of: Rhetoric And The Rule Of Law. A Theory Of Legal Reasoning. By Neil Mccormick, Spaak Torben

Constitutional Commentary

Book review: Rhetoric and the Rule of Law. A Theory of Legal Reasoning. By Neil MacCormick. Oxford: Oxford University Press, 2005. Pp. xvi + 287. Reviewed by: Torben Spaak