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2000

Washington University Law Review

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Articles 1 - 30 of 35

Full-Text Articles in Law

To Preclude Or Not To Preclude?: Section 1983 Claims Surviving Title Ix's Onslaught, Beth B. Burke Jan 2000

To Preclude Or Not To Preclude?: Section 1983 Claims Surviving Title Ix's Onslaught, Beth B. Burke

Washington University Law Review

No abstract provided.


Surpassing The Material: The Human Rights Implications Of Informed Consent In Bioprospecting Cells Derived From Indigenous People Groups, Annie O. Wu Jan 2000

Surpassing The Material: The Human Rights Implications Of Informed Consent In Bioprospecting Cells Derived From Indigenous People Groups, Annie O. Wu

Washington University Law Review

No abstract provided.


Reflections On Dual Regulation Of Securities: A Case For Reallocation Of Regulatory Responsibilities, Manning Gilbert Warren Iii Jan 2000

Reflections On Dual Regulation Of Securities: A Case For Reallocation Of Regulatory Responsibilities, Manning Gilbert Warren Iii

Washington University Law Review

I address the scope of state regulatory power that remains given the National Securities Markets Improvement Act of 1996's dictates and prerogatives. I then suggest for consideration significant alterations to the regulatory role traditionally performed by the states.


State Registration Of Securities: An Anachronism No Longer Viable, Charles H. B. Braisted Jan 2000

State Registration Of Securities: An Anachronism No Longer Viable, Charles H. B. Braisted

Washington University Law Review

A number of articles and treatises give a detailed recitation of the history of blue sky laws, the reasoning behind the different approaches taken by federal and state legislators, and the arguments for and against each. There is no need to rehash the arguments here, pro or con. A cursory review of certain developments of the last fifteen years might be in order, however.


Www.Misappropriation.Com: Protecting Trade Secrets After Mass Dissemination On The Internet, Matthew R. Millikin Jan 2000

Www.Misappropriation.Com: Protecting Trade Secrets After Mass Dissemination On The Internet, Matthew R. Millikin

Washington University Law Review

No abstract provided.


Friendly Science: Medical, Scientific, And Technical Amici Before The Supreme Court, Stephanie Tai Jan 2000

Friendly Science: Medical, Scientific, And Technical Amici Before The Supreme Court, Stephanie Tai

Washington University Law Review

This Article examines the participation of medical, scientific, and technical organizations, as well as individuals in a medical, scientific, or technical capacity, as amici before the Supreme Court. This examination is limited to organizations’ and individuals’ participation as parties on amicus curiae briefs. Part II discusses the general role of amici before the Supreme Court, as well as scientific and technical information currently presented to the Court. This Part then briefly introduces and critiques the Court’s use of scientific and technical information as “legislative facts”— legally significant facts that transcend a particular dispute yet are still relevant to the ...


Fighting Fiction With Fiction—The New Federalism In (A Tobacco Company) Bankruptcy, Jonathan C. Lipson Jan 2000

Fighting Fiction With Fiction—The New Federalism In (A Tobacco Company) Bankruptcy, Jonathan C. Lipson

Washington University Law Review

This Article analyzes the new federalism’s impact on Chapter 11 reorganizations. The thesis of this Article is that the fictive nature of the new federalism and the three countervailing doctrines renders them highly unstable in the reorganization context. This instability will inevitably and needlessly distort the negotiations that shape Chapter 11 reorganizations. This Article focuses primarily, but not exclusively, on the effect that the new federalism would have on a tobacco company bankruptcy, because that example impresses these problems into starkest relief. Other Chapter 11 reorganizations could create similar problems, including cases in which the debtor is a gun ...


Natural Born Copycat Killers And The Law Of Shock Torts, John Charles Kunich Jan 2000

Natural Born Copycat Killers And The Law Of Shock Torts, John Charles Kunich

Washington University Law Review

This Article explores the legal ramifications inherent in the putative links between violent deaths—both homicides and suicides—and various entertainment industry products, including motion pictures, television programs, video games, and musical recordings. We briefly review some examples in which popular entertainment-media allegedly played a significant role in spurring individuals to commit acts of violence against themselves or others. While some of these violent events have been widely reported, others are less well known. In any event, we provide some factual predicate in order to establish the context for one of the most controversial legal issues of modern times. Then ...


Norm Origin And Development In Cyberspace: Models Of Cybernorm Evolution, April Mara Major Jan 2000

Norm Origin And Development In Cyberspace: Models Of Cybernorm Evolution, April Mara Major

Washington University Law Review

Social norm theory seeks to explain such informal constraints on human behavior. While numerous areas of academia employ social norm theory, scholars have yet to apply it directly to the study of the Internet. This Article traces norm origin and development in cyberspace and presents a corresponding theory of “cybernorms”; a theory which explains informal constraints on human behavior in cyberspace.


Balancing “Peculiarly Federal Interests” And Indian Sovereignty In Crimes By And Against Indians In Indian Country, Donald D. Raymond Jr. Jan 2000

Balancing “Peculiarly Federal Interests” And Indian Sovereignty In Crimes By And Against Indians In Indian Country, Donald D. Raymond Jr.

Washington University Law Review

No abstract provided.


The Prison Litigation Reform Act's Administrative Exhaustion Requirement: Closing The Money Damages Loophole, Kathryn F. Taylor Jan 2000

The Prison Litigation Reform Act's Administrative Exhaustion Requirement: Closing The Money Damages Loophole, Kathryn F. Taylor

Washington University Law Review

No abstract provided.


Through A Colored Looking Glass: A View Of Judicial Partition, Family Land Loss, And Rule Setting, Phyliss Craig-Taylor Jan 2000

Through A Colored Looking Glass: A View Of Judicial Partition, Family Land Loss, And Rule Setting, Phyliss Craig-Taylor

Washington University Law Review

African Americans in contemporary U.S. society continue to experience economic inequality. Regardless of the indicators one reviews—property ownership, employment, or income—the data confirm the entrenchment of African Americans’ disadvantaged status. It is the thesis of this Article that the economically subordinated status of African Americans cannot be divorced from the historical processes that have created or contributed to the divide between African Americans and other social groups. In this Article, I explore the struggle of ex-slaves and their twenty-first century descendants to achieve the promise of property in a democratic society and the role of law as ...


“Best Execution, Price Transparency, And Linkages: Protecting The Investor Interest”, Arthur Levitt Jan 2000

“Best Execution, Price Transparency, And Linkages: Protecting The Investor Interest”, Arthur Levitt

Washington University Law Review

Today I want to revisit the components of best execution, transparency, and linkages, but I want to approach them from a slightly different angle. Often, when we discuss concepts such as “trade execution” or “price visibility” or “order interaction,” it’s easy to get mired in highly technical, even puzzling details. These are not necessarily straightforward concepts, and meaningful debates about their impact on our markets often demand rigorous analysis. It’s easy to lose sight of what’s at the very core of these principles—and that’s serving the investor interest. Execution quality takes some effort to consider ...


Counterfeiting In The People's Republic Of China, Daniel C. K. Chow Jan 2000

Counterfeiting In The People's Republic Of China, Daniel C. K. Chow

Washington University Law Review

This Article examines counterfeiting in China, its origins, and problems in enforcement. It also provides some suggestions for alleviating the problem, and concludes with some observations about the future of counterfeiting in China. Part I of this Article examines the size, scope, and severity of the counterfeiting problem. Part II reviews the enforcement system in China, the current issues that contribute to a lack of effective enforcement, and provides some suggestions for improvement. Part III examines the issues of political will and commitment and discusses future trends.


The Doctrine Of Inevitable Disclosure: A Proposal To Balance Employer And Employee Interests, Jonathan O. Harris Jan 2000

The Doctrine Of Inevitable Disclosure: A Proposal To Balance Employer And Employee Interests, Jonathan O. Harris

Washington University Law Review

No abstract provided.


The Insidious Remnants Of State Rules Respecting Capital Formation, Rutheford B. Campbell Jr. Jan 2000

The Insidious Remnants Of State Rules Respecting Capital Formation, Rutheford B. Campbell Jr.

Washington University Law Review

The purpose of this Article is to argue that Congress, notwithstanding the significant problems illuminated by public choice theory and interest group analysis, should complete the work it started with the National Securities Markets Improvement Act of 1996 by entirely preempting state control over capital formation. Only in this manner is it possible to reach the goal of a modern, fair, and efficient regulatory scheme for capital formation.


Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, A. C. Pritchard Jan 2000

Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, A. C. Pritchard

Washington University Law Review

Part I provides background on the historical development of constitutional federalism, the Supreme Court’s decisions in this area, and the apparent demise of constitutional limits on federal power. Part II then reviews the Court’s revival of constitutional federalism over the last decade. Part III focuses on the Court’s decisions applying the principles of constitutional federalism to state courts. Part IV provides background to Congress’s enactment of the Uniform Act and explains why it adopted the form of preemption that it did.


Corporate Reps In Deps: To Exclude Or Not To Exclude, James F. Herbison Jan 2000

Corporate Reps In Deps: To Exclude Or Not To Exclude, James F. Herbison

Washington University Law Review

No abstract provided.


A Common Sense Reconstruction Of The Ina's Crime-Related Removal System: Eliminating The Caveats From The Statue Of Liberty's Welcoming Words, Jacqueline Pearl Ulin Jan 2000

A Common Sense Reconstruction Of The Ina's Crime-Related Removal System: Eliminating The Caveats From The Statue Of Liberty's Welcoming Words, Jacqueline Pearl Ulin

Washington University Law Review

No abstract provided.


A King No More: The Impact Of The Pinochet Decision On The Doctrine Of Head Of State Immunity, Gilbert Sison Jan 2000

A King No More: The Impact Of The Pinochet Decision On The Doctrine Of Head Of State Immunity, Gilbert Sison

Washington University Law Review

No abstract provided.


Fixing Copyright's Three-Year Limitations Clock: The Accrual Of An Infringement Claim Under 17 U.S.C § 507(B), Bart A. Starr Jan 2000

Fixing Copyright's Three-Year Limitations Clock: The Accrual Of An Infringement Claim Under 17 U.S.C § 507(B), Bart A. Starr

Washington University Law Review

No abstract provided.


The Case Against Race Profiling In Immigration Enforcement, Kevin R. Johnson Jan 2000

The Case Against Race Profiling In Immigration Enforcement, Kevin R. Johnson

Washington University Law Review

Although focusing on race profiling in immigration enforcement, this Article analyzes issues that implicate civil rights concerns cutting to the core of equal citizenship and full membership for Latinos, and other minority groups, in the national community. Part II of this Article summarizes criticisms of race profiling in criminal law enforcement and analyzes the law that, although offering somewhat flawed remedies, prohibits exclusively race-based criminal law investigatory stops. Part III analyzes the impact on immigration law enforcement of the Supreme Court decisions permitting consideration of race to justify stopping an individual. Part IV sketches the civil rights implications of racially ...


Foreword Jan 2000

Foreword

Washington University Law Review

No abstract provided.


The Securities Globalization Disclosure Debate, Merritt B. Fox Jan 2000

The Securities Globalization Disclosure Debate, Merritt B. Fox

Washington University Law Review

A global market is developing for the shares of an increasing portion of the world’s 41,000 publicly-traded issuers. This trend has given rise to an active debate concerning what United States policy should be toward regulation of their disclosure practices. This Article is a comment on this debate through the eyes of an active participant.


Resales Of Offshore Securities Into The United States: Evaluating The Overvaluation Risk To U.S. Investors, Stephen J. Choi Jan 2000

Resales Of Offshore Securities Into The United States: Evaluating The Overvaluation Risk To U.S. Investors, Stephen J. Choi

Washington University Law Review

This Article furnishes evidence on the offering discount consistent with the hypothesis that foreign investors were in fact unable to engage in resales ahead of the U.S. secondary market reaction to a Regulation S offering.


Sex, Race, And Age: Double Discrimination In Torts And Taxes, Mark J. Wolff Jan 2000

Sex, Race, And Age: Double Discrimination In Torts And Taxes, Mark J. Wolff

Washington University Law Review

This Article first provides the traditional scholarly survey of legislative history, statutory analysis, and governmental and judicial interpretations. Part II reviews the history of § 104(a)(2) and offers a substantive inquiry into the Supreme Court opinions in United States v. Burke, Commissioner v. Schleier, and in the major cases leading up to these decisions. Part III then reviews the tax policy assumptions supporting § 104(a)(2) from a perspective of both before and after the 1996 amendments. Part IV chronicles the history and current status of various federally enacted civil rights statutes. This part then presents a historical ...


Intervention In Public Law Litigation: The Environmental Paradigm, Peter A. Appel Jan 2000

Intervention In Public Law Litigation: The Environmental Paradigm, Peter A. Appel

Washington University Law Review

This Article consists of four parts. Part I explores the theoretical development of public law litigation, with a particular focus on the overlooked role that environmental litigation and its peculiarities should play in this thinking. Part II examines the history and development of intervention as a procedural device, and then outlines how it presently functions in public law cases. Part III then examines the interrelated claims that federal courts generally have been too stingy with potential intervenors and that an increased role for intervenors necessarily benefits public law litigation. The best case that supporters of a broader right of intervention ...


The Death Of The Life In Being—The Required Federal Response To State Abolition Of The Rule Against Perpetuities, John G. Shively Jan 2000

The Death Of The Life In Being—The Required Federal Response To State Abolition Of The Rule Against Perpetuities, John G. Shively

Washington University Law Review

No abstract provided.


Dedication To A. A. Sommer, Jr, Joel Seligman Jan 2000

Dedication To A. A. Sommer, Jr, Joel Seligman

Washington University Law Review

All of the speakers we invited to the symposium are here today with one exception. Al Sommer’s health is not what it once was. Al is a figure who has had a commanding role in corporate and securities for the past four decades. After consultation with the Washington University Law Quarterly, I am honored to say that the Quarterly will be dedicating this symposium to Al.


Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi Jan 2000

Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi

Washington University Law Review

This Article seeks to expand the current debate over broadcasters’ obligations by examining the news distortion doctrine and ultimately proposing that it be eliminated. In sum, the reinvented news distortion doctrine would undermine the very democratic norms marshaled in its defense. Particularly in light of the complex relation between news and the exercise of democratic citizenship, we should hesitate to support a regulatory policy that effectively grounds government censorship on an unrealistic view of news production.