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2000

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Full-Text Articles in Law

Trends. Terrorism, Terror Management, And Faking Mental Disorder, Editor Dec 2000

Trends. Terrorism, Terror Management, And Faking Mental Disorder, Editor

International Bulletin of Political Psychology

This article highlights the difficulty of determining if defendants on trial are faking mental disorder. The case in question involves the bombing of United States embassies in Kenya and Tanzania.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Dec 2000

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Deducting Environmental Cleanup Costs, Neil Harl Dec 2000

Deducting Environmental Cleanup Costs, Neil Harl

Agricultural Law Digest

For nearly a decade, there’s been a great deal of uncertainty over how to handle environmental cleanup costs. Two developments this year have cast new light on the problem, one confirming the direction we have been taking on the issue and the other raising some question about the reliance on a 1992 U.S. Supreme Court case in requiring the capitalization of some environmental cleanup costs.


The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein Dec 2000

The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein

Federal Communications Law Journal

When analyzing issues surrounding minority ownership of media, scholars have often noted that policy discussions in the area suffer from the linked problems of inadequate data and a lack of tools with which to analyze the data that do exist and might be collected. In Issue Three of Volume 51, several authors made this particular observation. To address this problem, This Article shows how one may use economic analysis and a financial model of a "typical" radio broadcaster to quantify the effects of specific policies. Specifically, the Article focuses on barriers to entry imposed by the FCC’s financial qualification ...


The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister Dec 2000

The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister

Federal Communications Law Journal

The decision whether to be a regulated common carrier or a non-regulated communications provider carries with it numerous benefits and burdens that must be weighed. Although one may automatically assume that non-regulation is preferable, that may not always be the case. This Article directly addresses the decision of whether to be a lightly-regulated non-dominant common carrier or a non-regulated private carrier. The Article argues that certain statutory and regulatory rights enjoyed by common carriers are more important than the minimal regulatory burdens associated with non-dominant common carrier regulation.


Chasing Shadows: The Human Face Behind The Cyber Threat, Jim Chirsty Dec 2000

Chasing Shadows: The Human Face Behind The Cyber Threat, Jim Chirsty

Federal Communications Law Journal

Book Review: Tangled Web: Tales of Digital Crime From the Shadows of Cyberspace, Richard Power, Que, 2000, 450 pages.

Richard Power’s Tangled Web: Tales of Digital Crime from the Shadows of Cyberspace presents a comprehensive account of computer crime. The book unveils and explores in meticulous detail the nature and scope, and—more importantly—the tremendous potential that common criminals, terrorists, and nation-states now have at their fingertips. This Review describes Tangled Web as a must-read for all cyber cops, prosecutors, and information technology heads and policy-makers.


Masthead Vol.53 No.1 (2000) Dec 2000

Masthead Vol.53 No.1 (2000)

Federal Communications Law Journal

No abstract provided.


Editor's Note, Robyn M. Holtzman Dec 2000

Editor's Note, Robyn M. Holtzman

Federal Communications Law Journal

No abstract provided.


The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth Dec 2000

The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth

Federal Communications Law Journal

In this introduction to the three pieces that follow, Commissioner Harold Furchtgott-Roth proposes his view that the regulation-drafting process relies more on art than science. The Commissioner sets out a four-category sliding scale to evaluate regulations, and lists the most frequently noted problems with FCC-promulgated rules.


Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker Dec 2000

Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker

Federal Communications Law Journal

In the "new economy" driven by the telecommunications industry, the FCC is a busy agency. Given the myriad legal issues faced daily by agency decisionmakers and the lack of perfect clarity in major communications legislation, a few legal missteps here and there by the FCC might be expected. In one area, however, the public can and should demand a first-rate agency record: regulation of communications media without regard to the viewpoint expressed via that media, as the First Amendment requires. This Article offers two case studies in which the FCC arguably took viewpoint-discriminatory actions with regard to regulated broadcasters, and ...


The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon Dec 2000

The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon

Federal Communications Law Journal

Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996, the FCC has been under attack in the courts. The road has been a rough one, and the Commission has lost on a good many issues. The Commission has regularly accused its opponents in these legal battles-chiefly the incumbent local exchange carriers-of using litigation to impede the implementation of the 1996 Act’s local competition provisions. As discussed in this Article, if litigation has in fact slowed the introduction of competition in the local exchange markets, the Commission itself must share some of ...


Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont Dec 2000

Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont

Federal Communications Law Journal

The character of a regulatory agency is most severely tested at the zenith of its power. When the Federal Communications Commission ("FCC" or "Commission") breaks free of the limitations imposed by the law, the Commission’s leadership sets its own course. It is at these times, when legal oversight is at a minimum, that it becomes most important for the agency to "pay more attention to justice." Unfortunately, as outlined in this Article, the FCC has often failed this test of institutional character. In at least three contexts, the Commission has proven to be something less than a benevolent master ...


A Modest Proposal: The “Reasonable Victim” Standard And Alaska Employers’ Affirmative Defense To Vicarious Liability For Sexual Harassment, Kamla Alexander Dec 2000

A Modest Proposal: The “Reasonable Victim” Standard And Alaska Employers’ Affirmative Defense To Vicarious Liability For Sexual Harassment, Kamla Alexander

Alaska Law Review

No abstract provided.


The Need For Centralized Securities Regulations In The European Union, Karen M. Smith Dec 2000

The Need For Centralized Securities Regulations In The European Union, Karen M. Smith

Boston College International and Comparative Law Review

Developing a system of securities regulation in the European Union has been a difficult task. Currently, markets are regulated at the national level and are guided by certain minimum standards established by EU Directives. The Investment Services Directive, enacted in 1996, was heralded as the final piece of legislation required to complete a unified market for securities. This Note discusses the ISD's failure to result in a fully integrated market and concludes that EU markets need supervision by a centralized regulatory body to allow them to become fully integrated.


The European Healthcard: The Time To Legislate Is Now, Rosemary E. Libera Dec 2000

The European Healthcard: The Time To Legislate Is Now, Rosemary E. Libera

Boston College International and Comparative Law Review

The European Union for years has considered introducing a healthcard that citizens of all Member States could carry to help facilitate the provision of health care throughout the EU. Such a card would ensure that care providers in all Member States could access the medical information of those patients who do not reside in the country where care is being provided. In the wake of the EU's failure to introduce such a card, many Member States have developed their own incompatible healthcard technologies. The EU must implement a universal healthcard in the near future in order to prevent the ...


Exemptions To The European Union Personal Data Privacy Directive: Will They Swallow The Directive?, Stephen A. Oxman Dec 2000

Exemptions To The European Union Personal Data Privacy Directive: Will They Swallow The Directive?, Stephen A. Oxman

Boston College International and Comparative Law Review

This Note analyses the probable effectiveness of the European Union Data Protection Directive, which was passed in order to curtail the invasion of personal privacy that has accompanied the development of the Internet, in light of three potentially expansive exemptions contained within the Directive. The author concludes that the goals of the Directive will be achieved only if Member States interpret these exemptions restrictively when enacting legislation pursuant to the Directive.


Will The Great Banana War Ever End: Will The Tariff Only System Be The Solution?, Jessica L. Spiegel Dec 2000

Will The Great Banana War Ever End: Will The Tariff Only System Be The Solution?, Jessica L. Spiegel

Boston College International and Comparative Law Review

The European Union and the United States are in the midst of the Great Banana War, a trade dispute over EU banana tariffs. The World Trade Organization authorized sanctions against the EU, effective until the EU modifies its banana tariff system to comply with WTO rules. Meanwhile, the EU's fonner colonies, the ACP nations, are caught in the precarious position of losing the EU's preferential treatment concerning the banana tariffs. This Note highlights the issues surrounding this conflict and advocates on behalf of the EU's latest re-configuration of its tariff system.


In Memory Of Sanford Jaccob Fox Dec 2000

In Memory Of Sanford Jaccob Fox

Boston College International and Comparative Law Review

No abstract provided.


The European Commission’S Directive On Electronic Signatures: Technological “Favoritism” Towards Digital Signatures, Andrew Barofsky Dec 2000

The European Commission’S Directive On Electronic Signatures: Technological “Favoritism” Towards Digital Signatures, Andrew Barofsky

Boston College International and Comparative Law Review

The increasing use of e-commerce generally is considered a positive trend that should be fostered. Yet, many lawmakers believe that laws requiring signatures to authenticate certain transactions represent obstacles to e-commerce and threaten to keep it from reaching its full potential. In the European Union, several Member States have drafted or enacted "electronic signature" laws to define the legal validity of electronic signatures. However, many of these laws are taking diverging approaches, thus creating an inconsistent framework for electronic signatures. In response, the European Commission recently adopted a directive to provide a common framework for electronic signatures. In its present ...


Recommendations For The Curbing Of Corruption, Cronyism, Nepotism, & Fraud In The European Commission, Kelly Li Dec 2000

Recommendations For The Curbing Of Corruption, Cronyism, Nepotism, & Fraud In The European Commission, Kelly Li

Boston College International and Comparative Law Review

The European Commission consists of twenty appointed members including a Commission President, and serves primarily as a policy initiator and administrator for the European Union. Allegations of corruption had long surrounded the Commission and, through a series of events, an independent panel of experts was charged with the duty of investigating specific allegations of corruption. On March 16, 1999, the independent panel issued a scathing report of a "sad catalog of negligence and mismanagement" by the Commissioners. This report not only identified individual instances of mismanagement, cronyism, nepotism, and fraud but also excoriated the Commission for lacking "even the slightest ...


The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi Dec 2000

The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi

Boston College International and Comparative Law Review

This Article examines and compares the differing treatment of territorial restraints in licensing agreements under United States (U.S.) antitrust law and European Union (E.U.) competition law. While in the U.S. vertical territorial restraints are assessed under the Rule of Reason, in the E.U. they often are considered illegal per se, unless exempt under the E.U. Technology Transfer Regulation or by an express decision of the Commission addressed to the parties to the licensing agreement. Yet, even if a licensing agreement is exempt under the E.U. Regulation, the Regulation imposes severe time limitations on exclusivity ...


The Western European Union, Yugoslavia, And The (Dis)Integration Of The Eu, The New Sick Man Of Europe, William Bradford Dec 2000

The Western European Union, Yugoslavia, And The (Dis)Integration Of The Eu, The New Sick Man Of Europe, William Bradford

Boston College International and Comparative Law Review

This Article examines the historical evolution of the Western European Union (WEU) within the context of its relationship to NATO and to the European Union (EU) in order to explain Europe's failure to devise and implement collective security measures during the dissolution of Yugoslavia. This Article concludes that, under the limitations of its present legal and political framework, the WEU is not a realistic alternative to NATO in the "post-post-Cold War era" and that continued failure to craft a European defense identity and to meld it to effective European security institutions will prevent the EU from generating cohesive force ...


Salt Equalizer, Vol. 2000, Issue 4, Society Of American Law Teachers Dec 2000

Salt Equalizer, Vol. 2000, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Eric S. Janus, A Focus on Access to the Legal Profession, at 1.

Carol Chomsky & Margaret Montoya, Presidents' Column, at 1.

Joan Howarth, Report from the Bar Exam Task Force, at 2.

Cover Conference Scheduled for March 2-4 in New Hampshire, at 3.

Jane Dolkart, Theresa Glennon & Peter Margulies, The Robert Cover Workshop, at 3.

Theresa Glennon & Peter Margulies, Improving Law School Admissions Now, at 3.

Sylvia A. Law, SALT Honors Found and First President Norman Dorsen, at 4.

Norman Dorsen's Acceptance, at 5.

Deborah Jones Merritt, Raising the Bar: Questionable Changes in Bar Passage ...


Choices And Institutions In Watershed Management, Jon Cannon Dec 2000

Choices And Institutions In Watershed Management, Jon Cannon

William & Mary Environmental Law and Policy Review

No abstract provided.


Restoring Polluted Waters With Public Values, Wendy E. Wagner Dec 2000

Restoring Polluted Waters With Public Values, Wendy E. Wagner

William & Mary Environmental Law and Policy Review

No abstract provided.


The Changing Political Landscape Of Hydropwer Project Relicensing, Sarah C. Richardson Dec 2000

The Changing Political Landscape Of Hydropwer Project Relicensing, Sarah C. Richardson

William & Mary Environmental Law and Policy Review

No abstract provided.


Markets For Nature, Barton H. Thompson Jr. Dec 2000

Markets For Nature, Barton H. Thompson Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.


The Importance Of Getting Names Right: The Myth Of Markets For Water, Joseph W. Dellapenna Dec 2000

The Importance Of Getting Names Right: The Myth Of Markets For Water, Joseph W. Dellapenna

William & Mary Environmental Law and Policy Review

No abstract provided.


Taking Nature Into Account: Observations About The Changing Role Of Analysis And Negotiation In Hydropower Relicensing, Kurt Stephenson Dec 2000

Taking Nature Into Account: Observations About The Changing Role Of Analysis And Negotiation In Hydropower Relicensing, Kurt Stephenson

William & Mary Environmental Law and Policy Review

No abstract provided.


Shall It Be Said That My Dusk Was In Truth My Dawn? What States Can Gleam From The Environmental Consequences Of Deregulating Electricity In California, Michael Kantro Dec 2000

Shall It Be Said That My Dusk Was In Truth My Dawn? What States Can Gleam From The Environmental Consequences Of Deregulating Electricity In California, Michael Kantro

William & Mary Environmental Law and Policy Review

No abstract provided.