Law Commons^™

Reform Of Environment Regulations: Three Points, Published In National Resources And The Environment, Ann Juliano, Lois Schiffer

Ann C Juliano

No abstract provided.

The Psychotherapist-Patient Privilege After Jaffee V. Redmond: Where Do We Go From Here?, Anne Poulin

Anne Poulin

No abstract provided.

Pursuing The Unspeakable: Towards A Critical Theory Of Power, Ethics, And The Interpreting Subject In Australian Constitutional Law, Penelope Pether

Penelope J Pether

No abstract provided.

Resurrecting The Dodo: The Unfortunate Re-Emergence Of The Puffery Defense In Private Securities Fraud Actions, Jennifer O'Hare

Jennifer O'Hare

No abstract provided.

Project Management Seminar At The University Of Trent--Carrying The Message Of Project Management Techniques To Northern Italy, Filippa Anzalone, Anna Merlo

Filippa Marullo Anzalone

No abstract provided.

Cracking The Copyright Lock: A Debate About Implementing The Wpo Treaty, Tom Bell

Tom W. Bell

No abstract provided.

The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas Kohler

Thomas C. Kohler

While acknowledging the difficulties inherent in a comparative approach to labor and employment ordering issues, the author argues that our times and circumstances force us to consider such a perspective. This essay looks at the some of the background and characteristics of the labor law regimes of the United States and Germany to reflect on where we have been and where we might be going, and concludes that we stand at the edge of a new world, one that may well entail a new culture of work and new ways of being for all its inhabitants.

Internet Gambling Ban Faces Losing Odds, Tom Bell

Tom W. Bell

No abstract provided.

International Law, Ground Water Resources, And The Danube Dam Case, Gabriel Eckstein, Yoram Eckstein

Gabriel Eckstein

International water law is generally applied to disputes between states concerning surface bodies of water crossing international borders. Disputes and policy-making over transboundary ground water resources, however, have traditionally been determined on an ad hoc basis or based on regional custom. This disparate treatment stems primarily from the misunderstood nature of ground water and its relationship to surface water among government officials, policy-makers, jurists, and others. The result often has been the degradation of subsurface waters on both sides of political boundaries, and unwittingly, of numerous international surface bodies of water.

International concern over regional and global availability and quality …

Polishing The Tarnished Golden Door, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Steuervereinfachung Im Internationalen Vergleich, Hugh Ault

Hugh J. Ault

No abstract provided.

Federal Income Taxation: Cases And Materials, Hugh Ault, Paul Mcdaniel, Martin Mcmahon, Daniel Simmons

Hugh J. Ault

Supplemented by 2000 Supplement: Federal Income Taxation: Cases and Materials, 4th ed., by McDaniel, Ault, McMahon and Simmons. New York: Foundation Press, 2000; 2003 Supplement: Federal Income Taxation: Cases and Materials, 4th ed., by McDaniel, Ault, McMahon and Simmons. New York: Foundation Press, 2003

Special Report On Copyright, Sarah Wiant

Sarah K. Wiant

No abstract provided.

The Oecd's Report On Harmful Tax Competition, Hugh Ault, Joann Weiner

Hugh J. Ault

In response to pressures created by the increasing globalization of the world economy, the OECD has issued a report titled “Harmful Tax Competition: An Emerging Global Issue” that provides an analysis of the phenomenon known as harmful tax competition. The Report identifies factors that characterize tax havens and harmful preferential tax regimes and recommends numerous measures in the areas of domestic legislation, tax treaties, and international cooperation, that countries may pursue to counter harmful tax competition. As part of intensifying international cooperation, the Report recommends that Member countries adopt a set of Guidelines endorsing the “3 R’s:” to refrain, to …

Institutions For Intellectual Property Property Transactions: The Case Of Patent Pools, Robert Merges

Robert P Merges

No abstract provided.

Lex Mercatoria And Legal Pluralism: A Late Thirteenth-Century Treatise And Its Afterlife, Daniel Coquillette, Mary Elizabeth Basile, Jane Fair Bestor, Charles Donahue Jr.

Daniel R. Coquillette

Lex Mercatoria is the earliest known treatment of what a later age would call “the law merchant”. This work provides important insights into the legal framework of English commerce in the reign of Edward

Special Factors Making Small Post-Socialist Economies Susceptible To Bank System Risk

Patricia A. McCoy

No abstract provided.

Massachusetts Criminal Practice, 2nd, Daniel Kanstroom, Eric Blumenson, Stanley Fisher

Daniel Kanstroom

No abstract provided.

At The Intersection Of Bank Finance And Derivatives: Who Has The Right Of Way?, Christian Johnson

Christian A. Johnson

Minimizing The Risks Of Otc Derivatives Through Loan Documentation, Christian Johnson

Christian A. Johnson

The Rise And Fall And Perhaps Rise Again Of The "Blindfold Rule" In Modified Comparative Fault Cases: A Proposed Experiment, Jordan Leibman, Robert Bennett, Richard Fetter

Robert B. Bennett

... Wyoming and Illinois are among the states that maintain systems of modified comparative fault. ... The experiment also provides a comparative measure of the economic effects of the four principal defensive rule regimes: (1) contributory-negligence-as-a-complete-defense; (2) pure comparative fault; (3) modified comparative fault under the blindfold rule; and (4) modified comparative fault under a sunshine rule. ... So, when the Wisconsin legislature, in 1931, enacted a modified comparative fault law, a blindfold rule automatically came into effect in cases where special verdicts were submitted. ... The language of section 1-7.2 of the statute closely followed the Wisconsin law with …

Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning

Hope Lewis

Women's human rights activism in the United States tend to highlight human rights violations of women outside the U.S., or on women from other cultures who enter the U.S. as immigrants or asylum-seekers, while ignoring internal human rights abuses. This Article focuses on the events surrounding a recent U.S. gender asylum case involving Fauziya Kassindja, a young asylee from Togo, in an attempt to demonstrate the irony of American complacency about the status of the United States as a haven for the protection of human rights. Ms. Kassindja, and other immigrants and asylum-seekers, were subjected to degradation and abuse--in the …

Global Intersections : Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis

Hope Lewis

Although there have been great strides in feminist human rights efforts in developing methods to prevent domestic violence and other forms of "private" violence against women, feminists still have far to go. For instance, feminists have only recently begun to acknowledge that physical, social, and economic violence against women, especially poor women of color, is perpetuated in part by top-down globalization. This Article demonstrates how Critical Race Feminist analysis, a set of approaches to legal scholarship rooted in feminist and anti-racist critical traditions, reconceptualizes the human rights problems facing Black women who migrate between the United States and Jamaica. Like …

Internet Gambling: Impossible To Stop, Wrong To Outlaw, Tom Bell

Tom W. Bell

No abstract provided.

Intersexionality And The Strategy Question, Julie Nice

Julie A. Nice

This essay is the foreword for a Symposium on InterSEXionality: Interdisciplinary Perspectives on Queering Legal Theory. Professor Nice’s essay offers a roadmap for the symposium, which focuses on the intersection between relationships of sexuality, sexual orientation, sex, gender, race, and class. She suggests the scholarly connoisseur will find something of interest in the electic collection of papers ranging from Nan Boyd’s bar culture, Pat Cain’s re-telling of transsexuals’ stories, Mary Ann Case’s films, Karen Engle’s legal texts, Martha Ertman’s inter-doctrinal borrowing, Katherine Franke’s globe-trotting, Karla Robertson’s sexual descriptions, Jane Schacter’s caution, Susan Sterett’s history, to Frank Valdes’ passion. Professor Nice …

Teacher's Manual To Accompany Tort And Accident Law, 3rd Ed., Gregory Keating

Gregory C. Keating

No abstract provided.

Introduction To United States International Taxation, Hugh Ault, Paul Mcdaniel

Hugh J. Ault

No abstract provided.

The Multi-Door Contract And Other Possibilities, Thomas J. Stipanowich

Thomas J. Stipanowich

The pressure of recent legislative, judicial and administrative developments and increasing awareness of the possibilities of other alternatives is encouraging unprecedented experimentation in the consensual arena. As courts and agencies have experimented with a range of solutions to more effectively address the many and varied controversies presented to them, litigators have been exposed to the possibilities of purposive third party intervention prior to adjudication. At the same time, nonlawyers have recoiled from the perceived high costs of “Total Process” in the litigation mode and have become more proactive in their approaches to conflict. Gradually, both these trends are feeding, together …

Reconstructing Construction Law: Reality And Reform In A Transactional System, Thomas J. Stipanowich

Thomas J. Stipanowich

In this article, Professor Stipanowich extensively explores the entire transactional system surrounding contracts for design and construction of the built environment. He examines the legal landscape of construction, focusing on “cases of trouble,” and evaluates options for reforming the legal framework including codification, a Restatement and more narrowing tailored legislation. He also discusses the critical role played by families of contracts and mechanisms for the management of relational conflict.