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Series

United States

2005

Discipline
Institution
Publication

Articles 1 - 24 of 24

Full-Text Articles in Law

Sounds Of Silence, Kenneth Lasson Sep 2005

Sounds Of Silence, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Reforming Retirement Systems: Why The French Have Succeeded When Americans Have Not, Kathryn L. Moore Jul 2005

Reforming Retirement Systems: Why The French Have Succeeded When Americans Have Not, Kathryn L. Moore

Law Faculty Scholarly Articles

In order to understand why the American Social Security system has been so resistant to change while the retirement systems in other countries have been amended, this Article analyzes why one country, France, was able to reform its retirement system significantly in 2003. The Article begins by briefly describing the French retirement system prior to 2003. It then provides an overview of the most significant changes wrought by the reform enacted in 2003. It then analyses why, after years of inaction and failed attempts to reform the French retirement system, the government succeeded in reforming the retirement system in 2003 ...


History Of Colorado River Law, Development And Use: A Primer And Look Forward, Greg Hobbs, Jr. Jun 2005

History Of Colorado River Law, Development And Use: A Primer And Look Forward, Greg Hobbs, Jr.

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Greg Hobbs, Jr., Colorado Supreme Court.

25 pages.

Contains references.


Slides: Flowing Down The Basin: Federal Litigation On The Colorado River, Michael Gheleta Jun 2005

Slides: Flowing Down The Basin: Federal Litigation On The Colorado River, Michael Gheleta

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Michael Gheleta, US Department of Justice.

53 slides.


A Light In The Dark--Creating Hope For Victims Of Trafficking With Hiv/Aids, Morgan Honeycutt Jun 2005

A Light In The Dark--Creating Hope For Victims Of Trafficking With Hiv/Aids, Morgan Honeycutt

Student Legal Scholarship: Thesis Honors (1996-2008)

Although some form or another of human trafficking occurs in practically every corner of the world, for the purposes of this paper, I will focus on the ramifications of HIV/AIDS infection in victims of trafficking in the United States. As the HIV/AIDS crisis continues to grow, victims of trafficking face increasingly difficult obstacles to gaining legal status and healthcare in this country. The first portion of this paper will describe the history of trafficking and prostitution and the HIV/AIDS epidemic. The second portion will discuss current legislative action regarding trafficking. The third portion will analyze many of ...


Police And Democracy, David Alan Sklansky Jun 2005

Police And Democracy, David Alan Sklansky

Faculty Scholarship

Discusses democratic policing in the U.S. Role of democracy in police work; Components of criminal procedure law; Information on democratic theory and criminal procedure.


Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance Compa Jan 2005

Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance Compa

Book Samples

This book exposes the violations of human rights witnessed daily in workplaces across the United States. Based on detailed case studies in a variety of sectors, it reveals an “unfair advantage” in U.S. law and practice that allows employers to fire or otherwise punish thousands of workers as they seek to exercise their rights of association and to exclude millions more from laws that protect their rights to bargain and to organize. Unfair Advantage approaches workers’ use of organizing, collective bargaining, and strikes as an exercise of basic rights where workers are autonomous actors, not objects of unions’ or ...


Disciplinary Evolution And Scholarly Expansion: Legal History In The United States, Michael H. Hoeflich, Stephen M. Sheppard Jan 2005

Disciplinary Evolution And Scholarly Expansion: Legal History In The United States, Michael H. Hoeflich, Stephen M. Sheppard

Faculty Articles

In the United States, the dawn of the twenty-first century has ushered in a period of both transformation and expansion in the study and teaching of legal history. In less than a quarter century, the teaching of legal history, both in law schools and in undergraduate and graduate history programs, has mushroomed from a rather esoteric subject to one that now is considered mainstream.

The American Society for Legal History, the major professional organization of legal historians in the United States, now has a core membership in excess of 1000, and its annual meeting fills two days with lectures, seminars ...


The Impact Of Federalism Over The Formation Of Personal Jurisdiction Rules In Two Different Legal Traditions: Limited Comparison To The Civil Law Model Of The United Arab Emirates And The Common Law Model Of The United States, Abaid Al-Mutairi Jan 2005

The Impact Of Federalism Over The Formation Of Personal Jurisdiction Rules In Two Different Legal Traditions: Limited Comparison To The Civil Law Model Of The United Arab Emirates And The Common Law Model Of The United States, Abaid Al-Mutairi

SJD Dissertation Abstracts

In the last decade, a massive growth of international trade and cross-border commercial and civil transactions occur among individuals and entities of different jurisdictions and legal backgrounds, this international trend results in corresponding conflicts. This fact makes it critical to identify the nature of process involving the dispute resolution mechanisms under the various legal systems especially those rules addressing the instances in which a person is held subject to certain foreign adjudicative authority because of the contact.

In general, there is always a need in some circumstances to analyze the frameworks under one system to explore the nature of the ...


Bank Mergers In North America: Comparing The Approaches In The United States And Canada, Eric J. Gouvin Jan 2005

Bank Mergers In North America: Comparing The Approaches In The United States And Canada, Eric J. Gouvin

Faculty Scholarship

This Article provides a summary comparison of the processes in the United States and Canada for governmental approval of bank mergers. The topic came to prominence in 1998 when four of Canada's five largest banks unveiled plans that would have resulted in the Royal Bank of Canada merging with the Bank of Montreal and the Toronto Dominion Bank combining with the Canadian Imperial Bank of Commerce ("CIBC"). These proposed mergers were rejected by the then Finance Minister, Paul Martin. The reasons given included: (1) the resulting banking industry structure would have concentrated too much economic power in the hands ...


La Vida Considerada Como Cosa: Un Error Norteamericano Fundamental, Richard Stith Jan 2005

La Vida Considerada Como Cosa: Un Error Norteamericano Fundamental, Richard Stith

Law Faculty Publications

El autor explica un error fundamental que puede subyacer a la aprobación, por el Tribunal Supremo norteamericano en el año 2000, del aborto durante el parto. Este error consiste en concebir la vida física como una mera cosa, como algo que puede existir sin que haya un ser humano que la viva. En cuanto al aborto, el error radica en la confusión entre desarrollo y construcción (del feto), confusión debida en parte a ciertas creencias medievales ya superadas por la ciencia moderna. En la segunda mitad del artículo, el autor sostiene que un error semejante puede proporcionar fácilmente un argumento ...


Paying For Politics, John M. De Figueiredo, Elizabeth Garrett Jan 2005

Paying For Politics, John M. De Figueiredo, Elizabeth Garrett

Faculty Scholarship

No abstract provided.


Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith Jan 2005

Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention ...


Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper Jan 2005

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Faculty Scholarship

No abstract provided.


Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky Jan 2005

Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky

Faculty Scholarship

No abstract provided.


Progress In Animal Legislation: Measurement And Assessment, Andrew N. Rowan, Beth Rosen Jan 2005

Progress In Animal Legislation: Measurement And Assessment, Andrew N. Rowan, Beth Rosen

State of the Animals 2005

As the animal movement has gained more political authority and public acceptance, it needs better ways to assess and follow its progress—or lack thereof—towards its goals. In this era, in which nonprofits and funding agencies are demanding better measures of effectiveness, the animal movement needs to examine how it looks at the progress it is (or is not) making in gaining better legal protection for animals.


Bremer's Gordian Knot: Transitional Justice And The Us Occupation Of Iraq, Eric Stover, Hanny Megally, Hania Mufti Jan 2005

Bremer's Gordian Knot: Transitional Justice And The Us Occupation Of Iraq, Eric Stover, Hanny Megally, Hania Mufti

Faculty Scholarship

Shortly after the US invasion and occupation of Iraq, L. Paul Bremer III, in his capacity as the chief administrator of the Coalition Provisional Authority (CPA), introduced several transitional justice mechanisms that set the course for how Iraqis would confront the legacy of past crimes for years to come. In developing these mechanisms, Bremer consulted with a select group of Iraqi exiles that had returned to Iraq or were still living abroad. However, he failed to solicit the opinions and attitudes of the Iraqi people as a whole. He also failed to consult many of the governmental and nongovernmental entities ...


Regulating Spyware: The Limitations Of State Laboratories And The Case For Federal Preemption Of State Unfair Competition Laws, Peter S. Menell Jan 2005

Regulating Spyware: The Limitations Of State Laboratories And The Case For Federal Preemption Of State Unfair Competition Laws, Peter S. Menell

Faculty Scholarship

Drawing on Justice Brandeis's oft-cited observation that states can serve as 'laboratories" of policy experimentation, this Article develops a framework for assessing the allocation of governance authority for regulating Internet activities. In particular, it focuses on whether states should be free to experiment with regulatory approaches or whether the federal government should have principal, if not exclusive (preemptive), regulatory authority over Internet-related activities. Using recent efforts to regulate spyware and adware as a case study, the analysis shows that the lack of harmonization of and uncertainty surrounding, state unfair competition law produces costly, confusing, multi-district litigation and pushes enterprises ...


All Of A Piece Throughout: The Four Ages Of U.S. International Taxation, Reuven S. Avi-Yonah Jan 2005

All Of A Piece Throughout: The Four Ages Of U.S. International Taxation, Reuven S. Avi-Yonah

Articles

This paper divides up the history of U.S. international taxation into four periods, on the basis of what was the basic theoretical principle underlying the major legislative enactments made in each period. The first period lasted from the adoption of the Foreign Tax Credit in 1918 to the end of the Eisenhower Administration, and was dominated by the concept of the right to tax as flowing from benefits conferred by the taxing state. The second period lasted from 1960 until the end of the Carter Administration, and was dominated by the concept of capital export neutrality and an emphasis ...


Against Foreign Law, Robert J. Delahunty, John Yoo Jan 2005

Against Foreign Law, Robert J. Delahunty, John Yoo

Faculty Scholarship

The article looks at the practice of several U.S. Supreme Court justices who have considered the decisions of foreign and international courts for guidance in interpreting the U.S. constitution. This practice has occurred in several controversial, high profile cases. There are two main reasons to think that use of foreign or international decisions extends beyond mere ornamentation.


Penal Policy And Penal Legislation In Recent American Experience, Franklin E. Zimring Jan 2005

Penal Policy And Penal Legislation In Recent American Experience, Franklin E. Zimring

Faculty Scholarship

offers a look on the origins and careers of proposals for penal legislation in a time of radical change in the U.S. Descriptions of where penal policy is made in the U.S. governmental system; Information on issues of quality control in shaping, passing, implementing and reviewing penal legislation in recent U.S. experience; Role of penal legislation in changing penal practices in the past generation.


Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo Jan 2005

Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo

Faculty Scholarship

The article discusses several alternatives to causes of action barred by the Eleventh Amendment in the U.S. It discusses the Eleventh Amendment cases and the academic commentary they have generated. Moreover, it explains the internal constraints on state sovereign immunity such as suits against state officers in their private capacities. In addition to internal constraints, external limitations on sovereign immunity are also addressed.


(Native) American Exceptionalism In Federal Public Law, Philip P. Frickey Jan 2005

(Native) American Exceptionalism In Federal Public Law, Philip P. Frickey

Faculty Scholarship

In this Article, Professor Philip Frickey argues that in federal Indian law, the rule of law serves remarkably divergent purposes, justifying colonialism in the pursuit of constitutionalism. Because of its roots in this antinomy, federal Indian law has been remarkably incoherent. The Supreme Court has been increasingly troubled by not only the incoherence inside the field, but also the extent to which its doctrines deviate from general principles of American law. In fact, frustration with the intractability of the issues has recently led several Justices to propose that the Court should have not only the first say on sensitive issues ...


A Comparative Study Of United States And Japanese Laws On Collaborative Inventions, And The Impact Of Those Laws On Technology Transfers, Mary Lafrance Jan 2005

A Comparative Study Of United States And Japanese Laws On Collaborative Inventions, And The Impact Of Those Laws On Technology Transfers, Mary Lafrance

Scholarly Works

This research examines United States and Japanese laws regarding patent rights in collaborative inventions, and inquires whether these laws may impede technology transfers by creating uncertainty regarding the ownership, validity, or enforceability of the resulting patents, or by imposing undue obstacles to the licensing or assignment of such patents. Where the laws of the two countries differ, this paper compares the merits of each approach and also assesses whether the differing approaches could be troublesome for cross-border transactions.

One of the most significant differences between United States and Japanese law regarding joint inventions is in the requirement of consent for ...