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2003

American University Washington College of Law

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Articles 1 - 30 of 222

Full-Text Articles in Law

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman Dec 2003

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

American University Law Review

Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities.

In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage ...


Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury Dec 2003

Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury

American University Law Review

No abstract provided.


Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber Dec 2003

Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber

American University Law Review

No abstract provided.


Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent Oct 2003

Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent

American University Law Review

No abstract provided.


The Exclusion Of Felons From Jury Service, Brian C. Kalt Oct 2003

The Exclusion Of Felons From Jury Service, Brian C. Kalt

American University Law Review

The lifetime exclusion of felons from jury service is the majority rule in the U.S., used in thirty one states and in federal courts. The result is that over 6% of the adult population is excluded, including about 30% of black men.

The parallel issue of felon disenfranchisement has drawn considerable scholarly attention, despite its lower, declining, and less racially charged numbers. The racial composition of juries has been widely discussed in the literature as well. By contrast, felon jury service has been almost entirely ignored, despite a mass of legislation and appellate litigation, and despite glaring racial disparities ...


Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger Oct 2003

Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger

American University Law Review

No abstract provided.


A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael Carroll Apr 2003

A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael Carroll

PIJIP Faculty Scholarship

Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or ...


A Non-Harmonized Perspective On Parallel Imports: The Protection Of Intellectual Property Rights And The Free Movement Of Goods In International Trade, Krithpaka Boonfueng Jan 2003

A Non-Harmonized Perspective On Parallel Imports: The Protection Of Intellectual Property Rights And The Free Movement Of Goods In International Trade, Krithpaka Boonfueng

SJD Dissertation Abstracts

This dissertation aims to define an appropriate international legal standard for the exhaustion doctrine as it pertains to parallel imports, being the importation of genuine goods but without authorization from intellectual property owners. The clarification of this issue is needed because developed and developing countries have different perspectives on the application of the exhaustion doctrine. Under the exhaustion doctrine, once an intellectual property owner deliberately releases or authorizes others to release goods into the stream of commerce, his exclusive right to further control the goods is no longer valid. However, there are three diverse aspects in the application of exhaustion ...


“Don't Buy Another Vote. I Won't Pay For A Landslide": The Sordid And Continuing History Of Political Corruption In West Virginia, Allen Hayes Loughry Ii Jan 2003

“Don't Buy Another Vote. I Won't Pay For A Landslide": The Sordid And Continuing History Of Political Corruption In West Virginia, Allen Hayes Loughry Ii

SJD Dissertation Abstracts

This study documents the long and sordid history of corruption--both perceived and corroborated--in the West Virginia political process. The researcher explores the considerable amounts of money spent by wealthy individuals for election or re-election. It documents the effect of high-cost elections, an effect which in many instances has spawned criminal activity. The author relates ostensibly ceaseless measures of corruption at the executive, legislative, and judicial levels. The findings indicate the existence of problems in West Virginia politics since the State's inception in 1863, including vote buying, vote rigging, undue geographical barriers, and lawlessness leading to numerous declarations of martial ...


Disability Rights And United States Foreign Assistance Policy - A New Framework, Einat Hurvitz Jan 2003

Disability Rights And United States Foreign Assistance Policy - A New Framework, Einat Hurvitz

American University International Law Review

No abstract provided.


Poverty Reduction, Trade, And Rights, Chantal Thomas Jan 2003

Poverty Reduction, Trade, And Rights, Chantal Thomas

American University International Law Review

No abstract provided.


The Trans-Atlantic Slave Trade: A Forgotten Crime Against Humanity As Defined By International Law, Patricia M. Muhammad Esq Jan 2003

The Trans-Atlantic Slave Trade: A Forgotten Crime Against Humanity As Defined By International Law, Patricia M. Muhammad Esq

American University International Law Review

No abstract provided.


Conflict, Confusion, And Bias Under Trips Articles 22-24 , Kevin M. Murphy Jan 2003

Conflict, Confusion, And Bias Under Trips Articles 22-24 , Kevin M. Murphy

American University International Law Review

No abstract provided.


Revolutions In Accountability: New Approaches To Past Abuses, Chandra Lekha Sriram Jan 2003

Revolutions In Accountability: New Approaches To Past Abuses, Chandra Lekha Sriram

American University International Law Review

No abstract provided.


David, Goliath And The Beach Cleaning Machine: How A Small California Town Fought An Oil Giant—And Won! By Barbara Wolcott, Matt Brown Jan 2003

David, Goliath And The Beach Cleaning Machine: How A Small California Town Fought An Oil Giant—And Won! By Barbara Wolcott, Matt Brown

Sustainable Development Law & Policy

No abstract provided.


Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy Jan 2003

Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy

Sustainable Development Law & Policy

No abstract provided.


The Chicago Climate Exchange: Greenhouse Gases Be Reduced Absent Government Mandates? , Angie Farleigh Jan 2003

The Chicago Climate Exchange: Greenhouse Gases Be Reduced Absent Government Mandates? , Angie Farleigh

Sustainable Development Law & Policy

No abstract provided.


David, Goliath And The Beach Cleaning Machine: How A Small California Town Fought An Oil Giant—And Won! By Barbara Wolcott, Capital Books, Matt Brown Jan 2003

David, Goliath And The Beach Cleaning Machine: How A Small California Town Fought An Oil Giant—And Won! By Barbara Wolcott, Capital Books, Matt Brown

Sustainable Development Law & Policy

No abstract provided.


Empowering The Wind: Overcoming Obstacles To Wind Energy Development In The United States, Dave Newman Jan 2003

Empowering The Wind: Overcoming Obstacles To Wind Energy Development In The United States, Dave Newman

Sustainable Development Law & Policy

This paper analyzes the development of the wind industry in the United States and the policies and programs that have been used to spur its growth. Section One discusses the economic and environmental benefits of wind energy today and tracks its recent growth within the U.S. and around the world. Section Two identifies and explains many of the obstacles to growth, including price distortions, discriminatory transmission policies, infrastructure limitations, and local opposition. Section Three includes a discussion of the federal and state incentives in place today and analyzes their impact on wind energy development throughout the country. Section Four ...


Volume 3, Issue 2, Sustainable Development Law & Policy Jan 2003

Volume 3, Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Dave Newman Jan 2003

Editor's Note, Dave Newman

Sustainable Development Law & Policy

No abstract provided.


Empowering The Wind: Overcoming Obstacles To Wind Energy Development In The United States, Dave Newman Jan 2003

Empowering The Wind: Overcoming Obstacles To Wind Energy Development In The United States, Dave Newman

Sustainable Development Law & Policy

No abstract provided.


Multilateral Environmental Agreements & World Trade, Melanie Nakagawa Jan 2003

Multilateral Environmental Agreements & World Trade, Melanie Nakagawa

Sustainable Development Law & Policy

No abstract provided.


A Conversation With Nrdc’S Greg Wetstone, Dave Newman Jan 2003

A Conversation With Nrdc’S Greg Wetstone, Dave Newman

Sustainable Development Law & Policy

No abstract provided.


The Chicago Climate Exchange: Can Greenhouse Gases Be Reduced Absent Government Mandates? , Angie Farleigh Jan 2003

The Chicago Climate Exchange: Can Greenhouse Gases Be Reduced Absent Government Mandates? , Angie Farleigh

Sustainable Development Law & Policy

No abstract provided.


World News Bits, Roger Phillips Jan 2003

World News Bits, Roger Phillips

Sustainable Development Law & Policy

No abstract provided.


International Calendar, Sustainable Development Law & Policy Jan 2003

International Calendar, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Volume 3, Issue 2, Sustainable Development Law & Policy Jan 2003

Volume 3, Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Dave Newman Jan 2003

Editor's Note, Dave Newman

Sustainable Development Law & Policy

No abstract provided.


Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy Jan 2003

Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy

Sustainable Development Law & Policy

No abstract provided.