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2005

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Articles 1 - 30 of 4342

Full-Text Articles in Law

Ethics In A Global Biopharmaceutical Environment, Michael J. Malinowski Dec 2005

Ethics In A Global Biopharmaceutical Environment, Michael J. Malinowski

Journal Articles

No abstract provided.


Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen Dec 2005

Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen

Faculty Scholarship

First-year law students arrive for their first day of classes with varying perceptions about the practice of law and what it means to be a lawyer. Although some students have first-hand knowledge of the profession based on their work in a law office or from family members who are attorneys, many students base their entire conception of what it means to be a lawyer on images from popular media. The Authors discuss how they used a literary account to acquaint students with an authentic picture of litigation, while still teaching the rudiments of legal research and writing. The book used ...


Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen Dec 2005

Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen

Faculty Scholarship

Under current international law, combatant status is an all-or-nothing proposition. Either a fighting force qualifies under all the criteria of article 4 of the GPW and receives all the privileges and immunities of combatant status, or a force does not qualify, and is provided no protection above that of any other civilian in the area, and may even be disqualified from the protections afforded to civilians. Given the reality of today's battlefields where the conflict is seldom between the armed forces of two nations, these requirements are counterproductive and provide a disincentive for fighters to distinguish themselves from the ...


Speech Discrimination, John Fee Dec 2005

Speech Discrimination, John Fee

Faculty Scholarship

No abstract provided.


The Exit Structure Of Venture Capital, D. Gordon Smith Dec 2005

The Exit Structure Of Venture Capital, D. Gordon Smith

Faculty Scholarship

Venture capital contracts contain extensive provisions regulating exit by the venture capitalists. In this Article, Professor Smith employs financial contracting theory in conjunction with original data collected from 367 venture-backed companies to analyze these exit provisions. He concludes that the combination of exit provisions in a typical venture capital relationship serves to lock venture capitalists into the investment during the initial stage. In later stages of the relationship, the venture capitalists acquire increasing control over exit by securing additional seats on the board of directors and by obtaining contractual exit rights. The result is a sophisticated transfer of control from ...


Moral Hazard And The Initial Public Offering, A. Christine Hurt Dec 2005

Moral Hazard And The Initial Public Offering, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Capital Requirements In United States Corporation Law, Richard A. Booth Dec 2005

Capital Requirements In United States Corporation Law, Richard A. Booth

Working Paper Series

This paper focuses on corporation law in the United States as it relates to capital contributions and capital maintenance. In other words, the paper addresses the provisions of corporation law relating to (1) the obligation of investors to contribute to the corporation a specified amount of capital and (2) the obligation of the corporation to maintain a specified amount of capital (and not to pay it back to the stockholders in the form of dividends or payments to repurchase or redeem shares). Traditionally, the amount of capital that must be contributed to and maintained by a corporation is called the ...


Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert Dec 2005

Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert

Nevada Supreme Court Summaries

A jury, selected from the third venire, convicted Gary Jerome Williams of battery with use of a deadly weapon causing substantial bodily harm on Robin Swope. On June 22, 2003, Williams and the victim (Robin Swope) engaged in an altercation after Swope saw Williams speaking to Swope’s thirteen-year-old daughter. At trial, most details of the altercation were highly disputed including, who was the initial aggressor, who produced a knife, and whether Swope used highly inflammatory language. In 1985, when he was seventeen, the State of Arkansas convicted Williams of aggravated battery, sentencing him to fifteen years confinement. The Nevada ...


Passport To Toledo: Cuno, The World Trade Organization, And The European Court Of Justice, Reuven S. Avi-Yonah Dec 2005

Passport To Toledo: Cuno, The World Trade Organization, And The European Court Of Justice, Reuven S. Avi-Yonah

Articles

The purpose of this article is to try to place the debate about Cuno v. DaimlerChrysler in a broader perspective by connecting it with the overall discussion of harmful tax competition. It discusses two hypothetical scenarios under which the city of Toledo, Ohio, is (a) a separate country and (b) a member state of the European Union. If the first hypothetical were true, the tax incentives offered by Toledo would violate the rules of the World Trade Organization; if the second hypothetical were true, the tax incentives would also violate the Treaty of Rome, as interpreted by the European Court ...


Brief Of International Business Machines Corporation As Amicus Curiae Supporting Neither Party, Laboratory Corporation Of America Holdings V. Metabolite Laboratories Inc., No. 04-607 (U.S. Dec. 23, 2005), John R. Thomas Dec 2005

Brief Of International Business Machines Corporation As Amicus Curiae Supporting Neither Party, Laboratory Corporation Of America Holdings V. Metabolite Laboratories Inc., No. 04-607 (U.S. Dec. 23, 2005), John R. Thomas

U.S. Supreme Court Briefs

No abstract provided.


2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al Dec 2005

2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (Oct. 21, 2005). Parties: Gila River Indian Community; US; AZ; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Roosevelt Irrigation District; Roosevelt Water Conservation District; Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearny, Duncan and Gilbert; Maricopa-Stanfield Irrigation & Drainage District; Central Arizona Irrigation & Drainage District; Franklin Irrigation District; Gila Valley Irrigation District, San Carlos Irrigation & Drainage District; Hohokam Irrigation & Drainage District; Buckeye Irrigation Company; Buckeye Water Conservation & Drainage District; Central Arizona Water ...


Mandated Training: Program Proposed For Local Decision-Makers, John R. Nolon, Jessica A. Bacher Dec 2005

Mandated Training: Program Proposed For Local Decision-Makers, John R. Nolon, Jessica A. Bacher

Pace Law Faculty Publications

Local land use boards, made up of volunteers from the community, decide a majority of the land use issues in New York’s municipalities, as well as most other states. In the past, these decision makers were not required to obtain formal training. Now, several states and municipalities are recognize the substantial impact of land use board decisions, and as a consequence, are providing innovative training for their board members. Land use law becomes more complicated with each passing hour, and through proper training, land use board members can become informed decision makers who maximize the potential of their communities.


2005 Graduation And Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University Dec 2005

2005 Graduation And Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University

NSU Commencement Programs

No abstract provided.


Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler Dec 2005

Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler

Faculty Scholarship at Penn Law

“QALYs” (Quality-Adjusted Life Years) are a metric for health and longevity very widely employed by health researchers. Surveys are used to assign health states a quality ranking on zero-one scale, with zero representing a health state no better than death and one perfect health. The total QALY value of a health profile is calculated as the time spent in its component health states, each weighted by its quality. Until a few years ago, despite the huge academic literature on QALY measurement, this approach was seldom used by policymakers in the U.S. But there have been recent signs of governmental ...


Evaluation Of Criminal Staff Offices - First Year, Robert Hann, Joan Nuffield, Frederick H. Zemans Dec 2005

Evaluation Of Criminal Staff Offices - First Year, Robert Hann, Joan Nuffield, Frederick H. Zemans

Commissioned Reports, Studies and Public Policy Documents

Report submitted to Legal Aid Ontario.


Wto Dispute Settlement And Competition Law: Views From The Perspective Of The Appellate Body's Experience, Claus-Dieter Ehlermann Dec 2005

Wto Dispute Settlement And Competition Law: Views From The Perspective Of The Appellate Body's Experience, Claus-Dieter Ehlermann

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

The current discussions on a future framework for competition policy within the World Trade Organization ("WTO")have revealed reservations against the full application of the WTO dispute settlement system to such a framework. The current dispute settlement system of the WTO is one of the results of the Uruguay Round negotiations. For an international agreement of nearly universal scope, this system is unique in its obligatory and quasi-automatic character. In general, complaints can be brought to the WTO against national laws which fail to comply with WTO obligations and also against a WTO-inconsistent application of national laws in individual cases ...


Worst Us Antitrust Decisions...Ever - Part Two, William Kolasky Dec 2005

Worst Us Antitrust Decisions...Ever - Part Two, William Kolasky

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

Last month we invited a panel of three US lawyers to discuss some of the worst antitrust decisions of all time. We now conclude that series, with the second set of candidates for the 'Hall of Shame'. Read the opinions carefully--we'll be picking the worst of the worst in a website survey next month.


Summary Of City Of Las Vegas V. Walsh, 121 Nev. Adv. Op. 85, 124 P.3d 203, Laura Deeter Dec 2005

Summary Of City Of Las Vegas V. Walsh, 121 Nev. Adv. Op. 85, 124 P.3d 203, Laura Deeter

Nevada Supreme Court Summaries

This case analyzes the scope of NRS 50.315(4), which allows the submission of an affidavit to prove specific facts about blood testing by experts. The scope of the affidavit was challenged as well as the Defendant’s Sixth Amendment right to confront witnesses against him.


Summary Of Bolden V. State, 121 Nev. Adv. Op. 86, Kelly Dove Dec 2005

Summary Of Bolden V. State, 121 Nev. Adv. Op. 86, Kelly Dove

Nevada Supreme Court Summaries

No abstract provided.


Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham Dec 2005

Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

In this pioneering book, Boston College Law School’s Academic Dean, Lawrence Cunningham, arranges selected contributions of his faculty’s scholarship into a meditation upon justice. The book weaves a combination of theory and practice to articulate moral and ethical values that facilitate rational application of law. It envisions legal arrangements imbued with commitments of the Jesuit tradition, including the dignity of persons, the common good and compassion for the poor. This reflective collection of inquiry evokes a signature motif of the BC Law faculty in dozens of different legal subjects. Materials downloadable from this abstract consist of: Table of ...


Keri Hamilton Dec 2005

Keri Hamilton

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


It’S Personal But Is It Mine? Toward Property Rights In Personal Information., Vera Bergelson Dec 2005

It’S Personal But Is It Mine? Toward Property Rights In Personal Information., Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

“It’s Personal But Is It Mine? Toward Property Rights in Personal Information” discusses the disturbing erosion of privacy suffered by the American society in recent years due to citizens’ loss of control over their personal information. This information, collected and traded by commercial enterprises, receives almost no protection under current law. I argue that, in order to protect privacy, individuals need to secure control over their information by becoming its legal owners.

In this article, I confront two fundamental questions that have not been specifically addressed in the privacy literature before: why property is the most appropriate regime for ...


Tennessee Department Of Safety, Petitioner, Vs. $8,860.00 In U.S. Currency, Seized From: Kendall E. Southall, Seizure Date: June 7, 2005, Claimant: Kendall E. Southall Dec 2005

Tennessee Department Of Safety, Petitioner, Vs. $8,860.00 In U.S. Currency, Seized From: Kendall E. Southall, Seizure Date: June 7, 2005, Claimant: Kendall E. Southall

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement, The State Of Illinois, The State Of Indiana, The State Of Michigan, The State Of Minnesota, The State Of New York, The State Of Ohio, The Province Of Ontario, The Commonwealth Of Pennsylvania, The Government Of Québec, The State Of Wisconsin Dec 2005

Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement, The State Of Illinois, The State Of Indiana, The State Of Michigan, The State Of Minnesota, The State Of New York, The State Of Ohio, The Province Of Ontario, The Commonwealth Of Pennsylvania, The Government Of Québec, The State Of Wisconsin

Documents on Water Law

1. The objectives of this Agreement are:
a. To act together to protect, conserve and restore the Waters of the Great Lakes—St. Lawrence River Basin because current lack of scientific certainty should not be used as a reason for postponing measures to protect the Basin Ecosystem;
b. To facilitate collaborative approaches to Water management across the Basin to protect, conserve, restore, improve and efficiently and effectively manage the Waters and Water Dependent Natural Resources of the Basin;
c. To promote co-operation among the Parties by providing common and regional mechanisms to evaluate Proposals to Withdraw Water;
d. To create ...


Great Lakes—St. Lawrence River Basin Water Resources Compact Dec 2005

Great Lakes—St. Lawrence River Basin Water Resources Compact

Documents on Water Law

The states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania hereby solemnly covenant and agree with each other, upon enactment of concurrent legislation by the respective state legislatures and consent by the Congress of the United States as follows:

ARTICLE 1: SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION

ARTICLE 2: ORGANIZATION

ARTICLE 3: GENERAL POWERS AND DUTIES

ARTICLE 4: WATER MANAGEMENT AND REGULATION

ARTICLE 5: TRIBAL CONSULTATION

ARTICLE 6: PUBLIC PARTICIPATION

ARTICLE 7: DISPUTE RESOLUTION AND ENFORCEMENT

ARTICLE 8: ADDITIONAL PROVISIONS

ARTICLE 9: EFFECTUATION


Capital Requirements In United States Corporation Law, Richard A. Booth Marbury Research Professor Of Law Dec 2005

Capital Requirements In United States Corporation Law, Richard A. Booth Marbury Research Professor Of Law

Faculty Scholarship

This paper focuses on corporation law in the United States as it relates to capital contributions and capital maintenance. In other words, the paper addresses the provisions of corporation law relating to (1) the obligation of investors to contribute to the corporation a specified amount of capital and (2) the obligation of the corporation to maintain a specified amount of capital (and not to pay it back to the stockholders in the form of dividends or payments to repurchase or redeem shares). Traditionally, the amount of capital that must be contributed to and maintained by a corporation is called the ...


Vol. 29, No. 15 (December 12, 2005) Dec 2005

Vol. 29, No. 15 (December 12, 2005)

Indiana Law Annotated

No abstract provided.


Department Of Safety Vs. One 1990 Ford Econoline Van Vin #: 1fdee14n1lha29673, Seized From: Sandra L. Tittle, Date Of Seizure: January 3, 2005, Claimant: Sandra L. Tittle, Lienholder: None Dec 2005

Department Of Safety Vs. One 1990 Ford Econoline Van Vin #: 1fdee14n1lha29673, Seized From: Sandra L. Tittle, Date Of Seizure: January 3, 2005, Claimant: Sandra L. Tittle, Lienholder: None

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. Docket # 19.05-085062 J One 1996 Mitsubishi Gallant Vin #: 4a3aj46g6te285272, Seized From: Dennis Spivey, Date Of Seizure: January 6, 2005, Claimant: Sandra Spivey, Lienholder: None Dec 2005

Department Of Safety Vs. Docket # 19.05-085062 J One 1996 Mitsubishi Gallant Vin #: 4a3aj46g6te285272, Seized From: Dennis Spivey, Date Of Seizure: January 6, 2005, Claimant: Sandra Spivey, Lienholder: None

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Ip And Antitrust Policy: A Brief Historical Overview, Herbert J. Hovenkamp Dec 2005

Ip And Antitrust Policy: A Brief Historical Overview, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The history of IP/antitrust litigation is filled with exaggerated notions of the power conferred by IP rights and imagined threats to competition. The result is that antitrust litigation involving IP practices has seen problems where none existed. To be sure, finding the right balance between maintaining competition and creating incentives to innovate is no easy task. However, the judge in an IP/antitrust case almost never needs to do the balancing, most of which is done in the language of the IP provisions. The role of antitrust tribunals is the much more limited one of ensuring that any alleged ...