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Series

2001

Articles in Law Reviews & Other Academic Journals

Articles 1 - 26 of 26

Full-Text Articles in Law

Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson Sep 2001

Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article was offered in 2001 as the Times Literary Supplement's main commentary the week following 9-11. The essay argues that 9-11 required war as a response, and challenges views expressed in the days following 9-11 by commentators such as Anne-Marie Slaughter and Michael Ignatieff that the proper response by the United States should be criminal law in nature - either international criminal law, through international tribunals or procedures, or domestic criminal law of the kind pursued in the first 1993 World Trade Center bombing. It further argues against the functional pacifism of many Christian theologians who, while approving of …

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Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff Apr 2001

Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff

Articles in Law Reviews & Other Academic Journals

The United States is currently experiencing one of the largest waves of immigration in its history. Contrary to common assumptions, more than half of new immigrants are women. Despite this fact, U.S. immigration policy and most agencies serving immigrants have remained blind to gender differences and have treated all immigrants alike.

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Domestic Violence And Us Asylum Law: Eliminating The 'Cultural Hook' For Claims Involving Gender-Related Persecution, Anita Sinha Jan 2001

Domestic Violence And Us Asylum Law: Eliminating The 'Cultural Hook' For Claims Involving Gender-Related Persecution, Anita Sinha

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In this Note, Anita Sinha examines the treatment of asylum claims involving gender-related persecution. Analyzing the three most recent decisions published by the Board of Immigration Appeals, Sinha illustrates that these cases have turned on whether the gender-related violence can be linked to practices attributable to non-Western,'foreign" cultures. Sinha argues that cases involving gender-related persecution can be given full consideration of asylum law only when their adjudication is based on an understanding of the political and institutional character of violence against women, rather than on" cultural" culpability. In making this argument, Sinha examines recent amendments to the regulations governing asylum …

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Environmental Insurance: Does It Defy The Rules, Amanda Leiter Jan 2001

Environmental Insurance: Does It Defy The Rules, Amanda Leiter

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No abstract provided.

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The Victim Requirement, The Fourth Instance Formula And The Notion Of Person In The Individual Complaint Procedure Of The Inter-American Human Rights System, Diego Rodriguez-Pinzon Jan 2001

The Victim Requirement, The Fourth Instance Formula And The Notion Of Person In The Individual Complaint Procedure Of The Inter-American Human Rights System, Diego Rodriguez-Pinzon

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No abstract provided.

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Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc Jan 2001

Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Symposium: Antitrust At The Millennium (Part Ii), Jonathan Baker Jan 2001

Symposium: Antitrust At The Millennium (Part Ii), Jonathan Baker

Articles in Law Reviews & Other Academic Journals

This issue features Part II of the Antitrust Law Journal's Symposium on Antitrust at the Millennium. As with Part I, which appeared in Volume 68, Issue 1 (2000), most Symposium authors use a decision or other significant text from antitrust's past as a springboard to discuss some aspect of antitrust's future. This group of Symposium essays is being published in the wake of a U.S. election that has shifted control of the Executive Branch of the federal government from Democrats to Republicans. Yet the broad themes and challenges pursed by Symposium authors are likely to remain central to antitrust regardless …

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New Horizons In Cartel Detection, Jonathan Baker Jan 2001

New Horizons In Cartel Detection, Jonathan Baker

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No abstract provided.

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The Limits Of Pragmatism In American Foreign Policy: Unsolicited Advice To The Bush Administration On Relations With International Nongovernmental Organizations, Kenneth Anderson Jan 2001

The Limits Of Pragmatism In American Foreign Policy: Unsolicited Advice To The Bush Administration On Relations With International Nongovernmental Organizations, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

The Bush Administration has tended to see international nongovernmental organizations in a pragmatic way, as functionally the international equivalent of domestic "volunteer" organizations. This article argues that the Bush Administration ought to see international nongovernmental organizations as organizations seeking to substitute so-called "international civil society," on the one hand, and public international organizations, on the other, for the authority of democratically sovereign states. Looking beyond the particular issues on which international NGOs press political agendas - human rights, environmentalism, etc. - the function of international NGOs is to delegitimize democratic sovereignty in favor of liberal internationalism. The article argues that …

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Inter-American System, Claudia Martin, Diego Rodriguez-Pinzon Jan 2001

Inter-American System, Claudia Martin, Diego Rodriguez-Pinzon

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No abstract provided.

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Ethical And Humanitarian Concerns Add A New Dimension To International Security In The Post-Cold War World, Juan E. Mendez Jan 2001

Ethical And Humanitarian Concerns Add A New Dimension To International Security In The Post-Cold War World, Juan E. Mendez

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No abstract provided.

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Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman Jan 2001

Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman

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No abstract provided.

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Lessons From The Ngo Campaign Against The Second Review Of The World Bank Inspection Panel: A Participant's Perspective, Daniel D. Bradlow Jan 2001

Lessons From The Ngo Campaign Against The Second Review Of The World Bank Inspection Panel: A Participant's Perspective, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Reason, Justice And Love: The Constitutional Humanism Of Peter Cicchino, Jamin B. Raskin Jan 2001

Reason, Justice And Love: The Constitutional Humanism Of Peter Cicchino, Jamin B. Raskin

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No abstract provided.

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Should Concentration Be Dropped From The Merger Guidelines?, Jonathan Baker, Steven Salop Jan 2001

Should Concentration Be Dropped From The Merger Guidelines?, Jonathan Baker, Steven Salop

Articles in Law Reviews & Other Academic Journals

As members of the ABA Antitrust Section's Task Force on Fundamental Theory, we are pleased to provide a briefdiscussion of the appropriate role of market concentration in the review of mergers under the antitrust laws. Thispaper, organized in four main parts, will offer some suggestions for revising the Department of Justice and FederalTrade Commission Horizontal Merger Guidelines. A final section of this work will analyze whether it would bepreferable to conduct merger analysis by applying Professor Michael E. Porter's business strategy framework ratherthan the Merger Guidelines.

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From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle Jan 2001

From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle

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No abstract provided.

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A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru Jan 2001

A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru

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No abstract provided.

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Teaching Restitution, Candace Kovacic-Fleischer Jan 2001

Teaching Restitution, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: When I began teaching in 1981, I was assigned two separate Remedies courses to teach during the fall: Equitable Remedies and Legal and Extraordinary Remedies. For the Equitable course, I chose the text Leavell, Love & Nelson, Equitable Remedies, Restitution and Damages (3d ed. 1980) and for the Legal and Extraordinary course, York and Bauman, Remedies (3d ed. 1979). I was not sure what "extraordinary remedies" were if they were not equitable remedies, so I assumed they must be this topic called restitution. Of course, most people refer to equitable remedies as the extraordinary ones, and my two Remedies …

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Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David Snyder Jan 2001

Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David Snyder

Articles in Law Reviews & Other Academic Journals

This article defends the decision to retain usage of trade, course of performance, and course of dealing in the revision of Article 1 of the Uniform Commercial Code. The article responds to recent neoformalist criticisms of the incorporation approach and offers a theoretical justification. Usage of trade and course of dealing should be understood as part of the parties' language, following Wittgenstein's understanding of language. Course of performance, which presents a weaker case in terms of language, should be understood as a legal formality, following Fuller's explanation of formalities. Thus understood, custom and conduct can be as important as written …

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The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis Jan 2001

The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …

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Re-Valuing Lawyering For Middle-Income Clients, Susan Carle Jan 2001

Re-Valuing Lawyering For Middle-Income Clients, Susan Carle

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No abstract provided.

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Protecting Ecosystems Under The Endangered Species Act, William Snape Jan 2001

Protecting Ecosystems Under The Endangered Species Act, William Snape

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: CAN THE TORTOISE STILL BEAT THE HARE? Can the tortoise even enter the race with its fabled competitor? Unfortunately, the desert tortoise is threatened with extinction and, consequently, most United States populations of this biological wonder are listed under the federal Endangered Species Act (ESA or Act) as a result of rampant habitat loss and other human causes. As desert tortoise numbers have declined, the species has also suffered from disease and predation.

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La Libertad De Expresion En El Sistema Interamericano De Proteccion De Los Derechos Humanos, Claudio Grossman Jan 2001

La Libertad De Expresion En El Sistema Interamericano De Proteccion De Los Derechos Humanos, Claudio Grossman

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No abstract provided.

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Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes Jan 2001

Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes

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No abstract provided.

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Polling Establishment: Judicial Review, Democracy, And The Endorsement Theory Of The Establishment Clause - Commentary On 'Measured Endorsement', Jamin B. Raskin Jan 2001

Polling Establishment: Judicial Review, Democracy, And The Endorsement Theory Of The Establishment Clause - Commentary On 'Measured Endorsement', Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

[In Measured Endorsement] Shari Seidman Diamond and Andrew Koppelman argue that courts should rely on the techniques and methodologies of public opinion polling to survey the public and determine whether such displays endorse religion and therefore violate the Establishment Clause.' The authors support the point by developing an analogy to litigation under the Lanham Act, where courts regularly use evidence from public opinion poll results to determine whether there is legally salient 'consumer confusion' in a trademark dispute. The theoretical problem with this analogy is that the issue at stake under the Lanham Act is whether there is a likelihood …

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A Human Rights Critique Of The Wto: Some Preliminary Observations, Padideh Ala'i Jan 2001

A Human Rights Critique Of The Wto: Some Preliminary Observations, Padideh Ala'i

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No abstract provided.

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