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Full-Text Articles in Law

Sorting Out The Debate Over Customary International Law, Ernest A. Young Jan 2002

Sorting Out The Debate Over Customary International Law, Ernest A. Young

Faculty Scholarship

No abstract provided.


Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer Jan 2002

Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer

Faculty Scholarship

This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …


Strategic Planning For Distance Learning In Legal Education: Initial Thoughts On A Role For Libraries, Richard A. Danner Jan 2002

Strategic Planning For Distance Learning In Legal Education: Initial Thoughts On A Role For Libraries, Richard A. Danner

Faculty Scholarship

Distance learning technologies will be used increasingly by law schools both to enhance learning within their existing residential programs and to reach new audiences. For law librarians, the questions involved in serving distance learners are a subset of the questions about the future of the law library that arise from changes in the legal information environment. This article discusses current distance learning alternatives for law schools, and the impacts of distance learning and other technological innovations on the future role of the academic law library in legal education.


Electronic Publication Of Legal Scholarship: New Issues And Models, Richard A. Danner Jan 2002

Electronic Publication Of Legal Scholarship: New Issues And Models, Richard A. Danner

Faculty Scholarship

No abstract provided.


The Paradoxical Corporate And Securities Law Implications Of Counsel Serving On The Client’S Board, James D. Cox Jan 2002

The Paradoxical Corporate And Securities Law Implications Of Counsel Serving On The Client’S Board, James D. Cox

Faculty Scholarship

No abstract provided.


Unconscionable Lawyers, Paul D. Carrington Jan 2002

Unconscionable Lawyers, Paul D. Carrington

Faculty Scholarship

No abstract provided.


The Independence And Democratic Accountability Of The Supreme Court Of Ohio: Recalling The Work Of Frederick Grimke, Paul D. Carrington, Adam R. Long Jan 2002

The Independence And Democratic Accountability Of The Supreme Court Of Ohio: Recalling The Work Of Frederick Grimke, Paul D. Carrington, Adam R. Long

Faculty Scholarship

No abstract provided.


Leaving Money On The Table: Do Institutional Investors Fail To File Claims In Securities Class Actions?, James D. Cox, Randall S. Thomas Jan 2002

Leaving Money On The Table: Do Institutional Investors Fail To File Claims In Securities Class Actions?, James D. Cox, Randall S. Thomas

Faculty Scholarship

No abstract provided.


Shareholders As Principals, Deborah A. Demott Jan 2002

Shareholders As Principals, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Reflections On A Conversation, H. Jefferson Powell Jan 2002

Reflections On A Conversation, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Precaution In A Multi-Risk World, Jonathan B. Wiener Jan 2002

Precaution In A Multi-Risk World, Jonathan B. Wiener

Faculty Scholarship

Heads up. The "Precautionary Principle" is coming to a law near you. It aspires to answer a timeless question: how should society in general, and regulatory authorities in particular, respond to uncertain risks? This chapter addresses the normative and positive implications of adopting the Precautionary Principle. Whereas many analyses have compared precautionary versus reactive regulatory strategies as applied to individual risks taken one at a time, this chapter examines precaution in a world of multiple risks. It distinguishes different versions of the Precautionary Principle, some of which are more sensible than others. It suggests that precaution against one risk may …


Restrictions On The Speech Of Judicial Candidates Are Unconstitutional: A Reply To Professor O’Neil, Erwin Chemerinsky Jan 2002

Restrictions On The Speech Of Judicial Candidates Are Unconstitutional: A Reply To Professor O’Neil, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Fencing Off Ideas: Enclosure & The Disappearance Of The Public Domain, James Boyle Jan 2002

Fencing Off Ideas: Enclosure & The Disappearance Of The Public Domain, James Boyle

Faculty Scholarship

No abstract provided.


Sovereign Bonds And The Collective Will, Lee C. Buchheit, G. Mitu Gulati Jan 2002

Sovereign Bonds And The Collective Will, Lee C. Buchheit, G. Mitu Gulati

Faculty Scholarship

No abstract provided.


Meeting The Challenge Of Cyberterrorism: Defining The Military Role In A Democracy, Charles J. Dunlap Jr. Jan 2002

Meeting The Challenge Of Cyberterrorism: Defining The Military Role In A Democracy, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Constitutional Design: Proposals Versus Processes, Donald L. Horowitz Jan 2002

Constitutional Design: Proposals Versus Processes, Donald L. Horowitz

Faculty Scholarship

No abstract provided.


Book Review, Matthew D. Adler Jan 2002

Book Review, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Canadian Armed Forces Under United States Command, Michael Byers Jan 2002

Canadian Armed Forces Under United States Command, Michael Byers

Faculty Scholarship

No abstract provided.