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2003

Articles in Law Reviews & Other Academic Journals

Articles 1 - 30 of 48

Full-Text Articles in Law

Opening A Door To Help: Legal Services Programs' Key Role In Representing Battered Immigrant Women And Child, Leslye Orloff, Amanda Baran, Laura A. Martinez-Mcintoh, Jennifer Rose Jun 2003

Opening A Door To Help: Legal Services Programs' Key Role In Representing Battered Immigrant Women And Child, Leslye Orloff, Amanda Baran, Laura A. Martinez-Mcintoh, Jennifer Rose

Articles in Law Reviews & Other Academic Journals

Mariella Batista approached the family court building in Riverside, California, 9- year-old son in tow, ready for her hearing. Her family law attorney, who had little domestic violence experience, had no time to meet with Mariella before the court date and arranged to meet her outside the courthouse before the hearing. Mariella, a Cuban immigrant, had a history of years of abuse at the hands of her partner and was attempting to gain control of her life by instituting legal action to gain custody of her son. Suddenly her estranged partner approached her and grabbed the boy. In fear, Mariella …

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Addressing Sexual Misconduct In Community Corrections, Brenda V. Smith, Maureen Buell, Elizabeth Layman, Susan W. Mccampbell Apr 2003

Addressing Sexual Misconduct In Community Corrections, Brenda V. Smith, Maureen Buell, Elizabeth Layman, Susan W. Mccampbell

Articles in Law Reviews & Other Academic Journals

INAPPROPRIATE RELATIONSHIPS BETWEEN OFFENDERS AND EMPLOYEES of community-based corrections organizations have emerged as a serious issue. Among the most dangerous and destructive of these inappropriate relationships is sexual misconduct. The very nature of community corrections, with semi-autonomous employees, the increasing focus on a rehabilitative rather than the punitive model, the increase of offenders assigned to these programs, and actual allegations of sexual misconduct have raised the awareness of administrators of the need for action.

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How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle Jan 2003

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle

Articles in Law Reviews & Other Academic Journals

INTRODUCTIONThe Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law practice? …

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Pedagogical Subversion In Clinical Teaching: The Women & The Law Clinic And The Intellectual Property Clinic As Legal Archaeology, Ann Shalleck Jan 2003

Pedagogical Subversion In Clinical Teaching: The Women & The Law Clinic And The Intellectual Property Clinic As Legal Archaeology, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Restitution In Public Concern Cases, Candace Kovacic-Fleischer Jan 2003

Restitution In Public Concern Cases, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

Enron Corporation. Arthur Andersen. Guns. Tobacco. Lead. Asbestos. Water Pollution. All are in the news as allegedly having caused injury. All involve restitution. Plaintiffs are bringing suits claiming that not only have they been injured, but also that the companies involved have been unjustly enriched at the plaintiffs' expense. The plaintiffs use, either explicitly or implicitly, the broad concept of restitution found in section one of the Restatement of the Law of Restitution. That section, entitled "Unjust Enrichment," says "[a] person who has been unjustly enriched at the expense of another is required to make restitution to the other."' In …

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The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson Jan 2003

The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Why Did The Antitrust Agencies Embrace Unilateral Effects, Jonathan Baker Jan 2003

Why Did The Antitrust Agencies Embrace Unilateral Effects, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Inter-American System, Claudia Martin Jan 2003

Inter-American System, Claudia Martin

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No abstract provided.

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Inter-American System, Diego Rodriguez-Pinzon Jan 2003

Inter-American System, Diego Rodriguez-Pinzon

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No abstract provided.

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Using The World Bank Inspection Panel To Defend The Interests Of Project-Affected People, David Hunter Jan 2003

Using The World Bank Inspection Panel To Defend The Interests Of Project-Affected People, David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll Jan 2003

A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or …

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Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams Jan 2003

Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Peer Dialogue: The Quagmire Of Scientific Expert Testimony: Crumping The Supreme Court's Style, Paul Rice Jan 2003

Peer Dialogue: The Quagmire Of Scientific Expert Testimony: Crumping The Supreme Court's Style, Paul Rice

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No abstract provided.

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Proyecto - Transformación De La Condición Legal De La Mujer: Integrando Temas De Género En La Doctrina Y Enseñanza Del Derecho, Macarena Saez Jan 2003

Proyecto - Transformación De La Condición Legal De La Mujer: Integrando Temas De Género En La Doctrina Y Enseñanza Del Derecho, Macarena Saez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff Jan 2003

Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff

Articles in Law Reviews & Other Academic Journals

With the destruction of the Taliban regime, the international community is turning its attention toward the establishment of an interim government consistent with the Bonn Accords, and the identification of a process for selecting a more long-term governing arrangement. As is well known, these first steps toward establishing a new government in Afghanistan are the beginning of a long and difficult process for re-establishing peace. Absent a comprehensive and attainable plan for nation rebuilding in Afghanistan, the United States may find that despite its victory on the battle- field, it may be unable to adequately achieve its long term security …

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Achieving A Final Status Settlement For Kosovo, Paul Williams, R Hitchner, Janusz Bugajski Jan 2003

Achieving A Final Status Settlement For Kosovo, Paul Williams, R Hitchner, Janusz Bugajski

Articles in Law Reviews & Other Academic Journals

On November 19, 2002, the Center for Strategic and International Studies (CSIS), the National Albanian American Council, and the Dayton Peace Accords Project held a one-day conference in Washington, D.C., at CSIS, entitled “The Future of Kosovo.” The conference was attended by U.S. policymakers, congressional representatives, regional specialists, nongovernmental organizations (NGOs), business leaders, journalists, as well as key activists and analysts from Kosovo. The vital question of Kosovo’s emerging status was discussed openly with a view to producing a subsequent report offering concrete recommendations to the U.S. administration, U.S. legislators, and major international organizations on the question of Kosovo’s future …

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The International Human Rights Status Of Elderly Persons, Claudia Martin, Diego Rodriguez-Pinzon Jan 2003

The International Human Rights Status Of Elderly Persons, Claudia Martin, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Suing The Sovereign From The Latin American Perspective, Claudio Grossman Jan 2003

Suing The Sovereign From The Latin American Perspective, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

In these remarks, I will comment on the papers of Professors Jackson and Pfander by analyzing the topic of "suing the sovereign" from the Latin American perspective. This analysis requires a comparison, and comparisons by their very nature are difficult and challenging as words have different meanings in different languages. The Italian expression "traductore traditore," or "the translator is a traitor," comes to mind. Without entering into additional complex issues that arise when attempting to make cross-cultural comparisons, one issue that is especially important is what I will call the "hierarchy trap." The relative importance of an issue-in terms of …

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Watching You, Watching Me, Brenda V. Smith Jan 2003

Watching You, Watching Me, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This article examines one of the most often called for remedies for sexual abuse of female inmates - ending cross-gender supervision of female inmates by male correctional staff. Part I of the article describes the context of sexual misconduct against prisoners in the United States, highlighting important cases and discourse. Part II examines important differences in the legal decisions that address claims challenging cross-gender supervision raised by or concerning male and female inmates. Part III addresses the disconnect between the jurisprudence involving cross-gender supervision of men and women positing a "dignity and shame" approach by the court, and examines the …

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Owning Enlightenment: Proprietary Spirituality In The New Age Marketplace, Walter Effross Jan 2003

Owning Enlightenment: Proprietary Spirituality In The New Age Marketplace, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost Jan 2003

Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Cutting Science, Ecology, And Transparency Out Of National Forest Management: How The Bush Administration Uses The Judicial System To Weaken Environmental Laws, William Snape Iii Jan 2003

Cutting Science, Ecology, And Transparency Out Of National Forest Management: How The Bush Administration Uses The Judicial System To Weaken Environmental Laws, William Snape Iii

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón Jan 2003

El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Mental Health And Incarceration: What A Bad Combination, Olinda Moyd Jan 2003

Mental Health And Incarceration: What A Bad Combination, Olinda Moyd

Articles in Law Reviews & Other Academic Journals

The District of Columbia has one of the highest per capita incarceration and criminal justice supervision rates in the United States1 and among the highest in the world. The local prison population has risen dramatically over the past decade for a variety of reasons including increased rates of re-incarceration for parole violations and the imposition of longer sentences for drug offenses. Recent acts of Congress have seriously impacted the sentencing laws in the District including determination of where persons sentenced for violating local D.C. laws will serve such sentences. On August 5, 1997, President Clinton signed into law The National …

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Private Law Making, David Snyder Jan 2003

Private Law Making, David Snyder

Articles in Law Reviews & Other Academic Journals

This article argues that a significant amount of law is privately made and suggests that privately made law should be subjected to the same kinds of questioning as publicly made law, considering in the end whether privately made law might be considered "molecular federalism." Private lawmaking, through which one private group makes rules that govern much larger groups, extends well beyond the boundaries of relatively well-known examples of private legislatures like the American Law Institute and the Uniform Law Commissioners. The phenomenon includes the practical ability of private entities to make law governing many kinds of corporate, commercial, and consumer …

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Feminist Inquiry And Action: Introduction To A Symposium On Confronting Domestic Violence And Achieving Gender Equality: Evaluating Battered Women & Feminist Lawmakingby Elizabeth Schneider, Ann Shalleck Jan 2003

Feminist Inquiry And Action: Introduction To A Symposium On Confronting Domestic Violence And Achieving Gender Equality: Evaluating Battered Women & Feminist Lawmakingby Elizabeth Schneider, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Battering, Forgiveness And Redemption, Brenda V. Smith Jan 2003

Battering, Forgiveness And Redemption, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This Article focuses on a topic that, though frequently discussed, has been dismissed in the domestic violence discourse - forgiveness. The author draws upon personal narrative to frame the challenge of forgiveness. The article explores forgiveness - for domestic violence survivors, for batterers, and for communities - through a personal lens and drawing upon mediation, restorative justice and indigenous peace and reconciliation models. The article concludes that exploration and embrace of models that address forgiveness and reconciliation are overdue and would contribute greatly to practice and discourse on domestic violence.

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Carriers Of Globalization: Loss Of Home And Self Within The African Diaspora, Camille Nelson Jan 2003

Carriers Of Globalization: Loss Of Home And Self Within The African Diaspora, Camille Nelson

Articles in Law Reviews & Other Academic Journals

This article deals with the tension of “returnees” and how that tension reflects the distribution of resources in globalization through the context of Jamaica. Returnees are often citizens who leave Jamaica in order to take advantage of economic opportunity or to create upward social mobility not presently available to them in their homeland. Returnees maintain connections with family and friends with the desire and purpose to one day return. However, many returnees have been subjected to violent attacks upon returning to their homeland. Returnees in a sense become carriers of globalization, and their return to their homeland signals the very …

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Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers Jan 2003

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …

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Competitive Price Discrimination: The Exercise Of Market Power Without Anticompetitive Effects (Comment On Klein And Wiley), Jonathan Baker Jan 2003

Competitive Price Discrimination: The Exercise Of Market Power Without Anticompetitive Effects (Comment On Klein And Wiley), Jonathan Baker

Articles in Law Reviews & Other Academic Journals

A firm that discriminates in prices faces a downward sloping demand curve, and thus could potentially raise price by reducing output. For this reason, evidence of price discrimination is relevant to assessing the possibility of market power, as antitrust law has long recognized. But price discrimination can be beneficial as well as harmful, and can reasonably be termed competitive if entry is easy. Hence a demonstration that entry is easy rebuts the inference of anticompetitive effect when price discrimination is the basis for proof of market power, breaking the link between market power and anticompetitive effect. Klein and Wiley's proposal …

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