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2000

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Articles 7681 - 7710 of 8794

Full-Text Articles in Law

Marijuana As A Schedule I Substance: Political Ploy Or Accepted Science?, Annaliese Smith Jan 2000

Marijuana As A Schedule I Substance: Political Ploy Or Accepted Science?, Annaliese Smith

Santa Clara Law Review

No abstract provided.


Book Review [Contempt Of Court: The Turn-Of-The-Century Lynching That Launched A Hundred Years Of Federalism], Santa Clara Law Review Jan 2000

Book Review [Contempt Of Court: The Turn-Of-The-Century Lynching That Launched A Hundred Years Of Federalism], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


Baehr Mysteries, Retroactivity, And The Concept Of Law, Mark Strasser Jan 2000

Baehr Mysteries, Retroactivity, And The Concept Of Law, Mark Strasser

Santa Clara Law Review

No abstract provided.


Visual Artists' Moral Rights In The United States: An Analysis Of The Overlooked Need For States To Take Action, Laura Nakashima Jan 2000

Visual Artists' Moral Rights In The United States: An Analysis Of The Overlooked Need For States To Take Action, Laura Nakashima

Santa Clara Law Review

No abstract provided.


Online Profiling Is On The Rise: How Long Until The United States And The European Union Lose Patience With Self-Regulation?, Scott Foster Jan 2000

Online Profiling Is On The Rise: How Long Until The United States And The European Union Lose Patience With Self-Regulation?, Scott Foster

Santa Clara Law Review

No abstract provided.


A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Strategies In Gay Legal Theory, Nancy Levit Jan 2000

A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Strategies In Gay Legal Theory, Nancy Levit

Faculty Works

Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …


Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus Jan 2000

Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus

Scholarship@WashULaw

Patent applications are evaluated in light of the prior art. What this means is that patent examiners evaluate a claimed invention by comparing it with what in a rough sense corresponds to the set of ideas and inventions already known to the public. This is done for three reasons. First, the comparison helps to ensure that patents issue only in cases where an inventor has made a non-trivial contribution to the public's store of knowledge. Second, it protects a possible reliance interest on the part of the public since, once an invention is widely known, members of the public might …


The Case For United States Reparations To African Americans, Adrienne D. Davis Jan 2000

The Case For United States Reparations To African Americans, Adrienne D. Davis

Scholarship@WashULaw

The political and juridical viability of reparations for descendants of enslaved black people is emerging as a highly contested concept in U.S. debates about justice and law. For decades, reparations have been an essential part of the international discourses of war and human rights.


Panel Two: Who's Minding The Baby?, Adrienne D. Davis, Catherine J. Ross, Marion Crain, Bonnie Thornton Dill Jan 2000

Panel Two: Who's Minding The Baby?, Adrienne D. Davis, Catherine J. Ross, Marion Crain, Bonnie Thornton Dill

Scholarship@WashULaw

This publication is a transcript of remarks made by multiple law professors discussing the relationship between race, gender, and class and focusing on feminism and the challenges faced by working mothers.


Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams Jan 2000

Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams

Scholarship@WashULaw

This Symposium inaugurates the Annual Feminist Legal Theory Lecture Series of the Washington College of Law's Gender, Work & Family Project. Martha Fineman, in honor of her two towering achievements in feminist jurisprudence, is the first lecturer. The first achievement is her ground-breaking work on dependency, about which we will say more later. The second is her equally influential Feminist Theory Workshop, which she began at the University of Wisconsin, and has since moved to Columbia University and now to Cornell. The annual Workshop has provided the opportunity for scores of scholars to present papers related to feminist jurisprudence, helping …


Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis Jan 2000

Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis

Scholarship@WashULaw

As most men and women acknowledge, gender is a battleground. Most of us are fairly clear on biological sex: who bears children, who ejaculates sperm, even whose (big) hands might open a stuck jar and whose (smaller ones) could pull that cufflink out of the garbage disposal. What remains less clear is how social gender roles flow from this: Does lactation result in eighteen years of primary caregiving? Should the chemical realities of testosterone shape the law governing sexual assault? 3 Should the dynamics of heterosexual relationships mirror the physics of heterosexual intercourse (penetration equals power)? Does the reality of …


How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian Jan 2000

How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian

Scholarship@WashULaw

Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …


Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo Jan 2000

Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo

Scholarship@WashULaw

In two 1996 decisions involving equitable subordination of claims in bankruptcy cases, United States v. Noland and United States v. Reorganized CF&I Fabricators of Utah, Inc., the Supreme Court did not answer the question of whether a bankruptcy court must find creditor misconduct before it equitably subordinates a creditor's claim. This Note argues that the Court should have established a bright-line rule that requires such a finding, using prepetition, nonpecuniary loss tax penalty claims of the IRS as a model. After showing that, as codified in the Bankruptcy Code, the doctrine of equitable subordination requires a finding of creditor misconduct, …


The Direction Of Corporate Law: The Scholars' Perspective, John C. Coffee Jr., Richard A. Booth Marbury Research Professor Of Law, R. Franklin Balotti, David C. Mcbride, Edward P. Welch Jan 2000

The Direction Of Corporate Law: The Scholars' Perspective, John C. Coffee Jr., Richard A. Booth Marbury Research Professor Of Law, R. Franklin Balotti, David C. Mcbride, Edward P. Welch

Faculty Scholarship

Transcript of a panel on a scholar's approach to corporation law.


Are Ethics Committee Members Competent To Consult?, Diane E. Hoffmann, Anita J. Tarzian, J. Anne O'Neil Jan 2000

Are Ethics Committee Members Competent To Consult?, Diane E. Hoffmann, Anita J. Tarzian, J. Anne O'Neil

Faculty Scholarship

No abstract provided.


A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews Jan 2000

A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews

Articles & Chapters

An evaluation of the success or otherwise of the TRC may seem premature, but there have been some interesting reflections thus far. One such work is David Dyzenhaus’ book, Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order. The book is a narrative and critique of the legal hearings which took place over three days at the TRC. This is a review of the Dyzenhaus book.


Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard Jan 2000

Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard

Articles & Chapters

No abstract provided.


Accounting Standards And German Supplementary Pensions: The Emerging Framework Underpinning Global Finance, Daniel I. Gordon Jan 2000

Accounting Standards And German Supplementary Pensions: The Emerging Framework Underpinning Global Finance, Daniel I. Gordon

GW Law Faculty Publications & Other Works

In this paper we focus on the current status of German employer-sponsored supplementary pensions in the context of moves towards the harmonization of international accounting standards. We emphasize the changing standards used to measure pension liability, and the consequences of these changes for (firstly) corporate management discretion and (secondly) German under-funded systems of defined benefit pensions. In combination, we show that claimed historical differences between the Anglo-American market for corporate control and the German system of entrenched management within interlocking boards of supervision are now less compelling than assumed. Adoption of international and US financial accounting standards by leading German …


Family Leave And The Gender Wage Gap, Michael Selmi Jan 2000

Family Leave And The Gender Wage Gap, Michael Selmi

GW Law Faculty Publications & Other Works

In this article, I argue that the key to achieving greater gender equality in the workplace is finding a way to change the behavior of men with respect to the care of children. Until now, most suggestions have focused on changing the behavior of women or employers, but women continue to face significant disadvantages in the workplace despite substantial changes in their labor force behavior. In the first part of the article, I analyze the latest data and conclude that the gender pay gap reflects both women's actual labor market behavior, which still differs from men's, and employers' exaggerated responses …


Standing For Protection Of Collective Rights In The European Communities, Alison Peck Jan 2000

Standing For Protection Of Collective Rights In The European Communities, Alison Peck

Law Faculty Scholarship

No abstract provided.


The Consumer Advocates V. The Banks: Public Debate Of Regulation Issues Survives Passage Of The Financial Services Modernization Act, Don Allen Resnikoff Jan 2000

The Consumer Advocates V. The Banks: Public Debate Of Regulation Issues Survives Passage Of The Financial Services Modernization Act, Don Allen Resnikoff

Loyola Consumer Law Review

No abstract provided.


Table Of Contents, Annals Of Health Law Jan 2000

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


The Attorney/Client Privilege: A Fond Memory Of Things Past: An Analysis Of The Privilege Following United States V. Anderson, Michael M. Mustokoff, Jonathan L. Swichar, Cheryl Roth Herzfeld Jan 2000

The Attorney/Client Privilege: A Fond Memory Of Things Past: An Analysis Of The Privilege Following United States V. Anderson, Michael M. Mustokoff, Jonathan L. Swichar, Cheryl Roth Herzfeld

Annals of Health Law and Life Sciences

Mr. Mustokoff, Mr. Swichar, and Ms. Herzfeld address the rudiments of the attorney/client privilege, its crime-fraud exception, corporate compliance programs, the United States government's quest for voluntary disclosure, and how those principles have been affected by United States v. Anderson.


(Panelist) Collision, Towage, Salvage And Limitation Of Liability, Joseph Sweeney Jan 2000

(Panelist) Collision, Towage, Salvage And Limitation Of Liability, Joseph Sweeney

Faculty Scholarship

No abstract provided.


Pragmatic Conceptualism, Benjamin C. Zipursky Jan 2000

Pragmatic Conceptualism, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.


Pet Animals: What Happens When Their Humans Die?, Gerry W. Beyer Jan 2000

Pet Animals: What Happens When Their Humans Die?, Gerry W. Beyer

Santa Clara Law Review

No abstract provided.


En Banc Review, Horror Pleni, And The Resolution Of Patent Law Conflicts, William C. Rooklidge, Matthew F. Weil Jan 2000

En Banc Review, Horror Pleni, And The Resolution Of Patent Law Conflicts, William C. Rooklidge, Matthew F. Weil

Santa Clara Law Review

No abstract provided.


Modeling The Garden: How New Jersey Built The Most Progressive State Supreme Court And What California Can Learn, Kevin M. Mulcahy Jan 2000

Modeling The Garden: How New Jersey Built The Most Progressive State Supreme Court And What California Can Learn, Kevin M. Mulcahy

Santa Clara Law Review

No abstract provided.


Women's Human Rights In Iran: What Can The International Human Rights System Do?, Maryam Javaherian Jan 2000

Women's Human Rights In Iran: What Can The International Human Rights System Do?, Maryam Javaherian

Santa Clara Law Review

No abstract provided.


Book Review [The Promise And Peril Of Environmental Justice], Santa Clara Law Review Jan 2000

Book Review [The Promise And Peril Of Environmental Justice], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.