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Articles 1 - 30 of 102
Full-Text Articles in Law
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
ExpressO
Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.
International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy
International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy
ExpressO
Abstract: This study examines the effectiveness of international marine environment law in controlling and abating contamination of the marine environment in the Wider Caribbean Region. The main international agreement covering the region is the Cartagena Convention which came into force in 1983. This convention, initiated by the UNEP under its Regional Seas Program, is considered one of the most successful of the programs. The study examines that claim in light of events since the adoption of the Cartagena Convention by the majority of nations bordering on the region. Mexico, because of its stature as a leading Latin American nation, is …
Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker
Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker
ExpressO
This paper explores the tortured history of developing countries’ pursuit of access to affordable generic medicines that they are unable to produce efficiently on their own. Having lost rights to treat medicines as essential commodities and as generalized exceptions to patent protections in the WTO TRIPS Agreement, developing countries and public health activists temporarily reasserted the primacy of health over profits in the Doha Declaration on the TRIPS Agreement and Public Health in November of 2001. However, since most developing countries lack meaningful pharmaceutical capacity to manufacture medicines efficiently on their own, they needed flexibility to import medicines from countries …
Book Review: The Many Faces Of Power: An International Law Response To Robert Kagan’S “Of Paradise And Power”, Jason G. Morgan-Foster
Book Review: The Many Faces Of Power: An International Law Response To Robert Kagan’S “Of Paradise And Power”, Jason G. Morgan-Foster
ExpressO
After summarizing the main points of Kagan’s book, the review responds to Kagan’s perception of power using the assumptions of international law, contrasting his definition of power to that of several international legal scholars. It then places Kagan’s realist approach in a broader context of international relations and international legal theory, beginning with a discussion of challenges to realism, and concluding with an examination of the growing body of “integrationist” literature which posits that the fields of international law and international relations are merging. The review then returns to the question of power, examining ways in which Kagan’s book challenges …
The Dogmatic And Practical Implications Of Article 78 Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) On Claims For Interest Under International Sales Contracts. , Friso Garbers
ExpressO
The paper deals with the current controversy in regard to the interpretation of article 78 Convention on the International Sale of Goods (CISG). In particular, the determination of the interest rate is discussed in detail.
Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen
Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen
ExpressO
This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs
Benin’S Constitutional Court: An Institutional Model For Enforcing Human Rights, Anna Rotman
Benin’S Constitutional Court: An Institutional Model For Enforcing Human Rights, Anna Rotman
ExpressO
This piece is based on field research the author conducted in Benin, West Africa during January 2003. The paper explores how the Court operates as a hybrid institution, by combining the competences traditionally associated with a constitutional court with the mandate of a national human rights commission. The paper argues that the Beninese Constitutional Court could provide an institutional model for guaranteeing human rights through a state-sponsored institution.
Wto Plus: Creating Liberal Investment Through Regulating Tax Incentives, Jeremiah Johnson
Wto Plus: Creating Liberal Investment Through Regulating Tax Incentives, Jeremiah Johnson
ExpressO
The World Trade Organization’s (WTO) narrow reading of the Agreement on Trade Related Investment Measures (TRIMs) should be expanded to prohibit specific and targeted tax incentives aimed at attracting foreign investment. These tax incentives restrict investment and trade liberalization. This paper proposes that trade and investment are intrinsically linked, and as such, the WTO is the proper forum to regulate investment measures. This paper argues the case against specific foreign investment attracting tax incentives. These incentives do little to actually attract investment, and are harmful to development. Individual tax incentives also limit the collective global benefits of investment. This paper …
Who Holds The Real Veto: Use Of Force And The Trusteeship Analogy, Paul Tan
Who Holds The Real Veto: Use Of Force And The Trusteeship Analogy, Paul Tan
ExpressO
It is a well-known fact that except when a country is defending herself from an armed attack, all recourse to force must be authorized by the Security Council. In early 2003, when President Bush became frustrated at the reluctance of the UN Security Council to authorize the use of force against Iraq for stalling on the weapons inspections regime, he told the world in no uncertain terms that America would attack Iraq alone if necessary. What I want to explore in this article is the question of whether countries retain a residual right to act outside of such authorization on …
A Defining Faith: "True" Religion And The Establishment Clause, Jeffrey Shulman
A Defining Faith: "True" Religion And The Establishment Clause, Jeffrey Shulman
ExpressO
This essay examines two trends in modern church-state law. Parts I and II review the history of the Supreme Court's Establishment Clause cases. It is a history that can best be understood as a series of jurisprudential maneuvers by which the Court has sought to make room for religion in civic life. The accommodations made by the Court to religious belief and conduct have, in effect, allowed for discrimination against non-religion, and have edged the court toward a nonpreferentialist perspective on disestablishment. But the Court’s accommodating attitude amounts to more than a preference for the many varieties of religious experience. …
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
ExpressO
In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be
A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald
A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald
ExpressO
No abstract provided.
Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson
Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson
ExpressO
A timely piece proposing solutions for issues certain to be raised in the upcoming trials of the accused Taliban and Al Qaeda operatives captured in Afghanistan and detained on a U.S. military base in Cuba. In the article, I begin by examining the history and jurisdiction of Article I and Article III courts and then address the history and structure of the Al Qaeda and Taliban regimes. After considering the Constitution, federal statutes, politics, and geographical limitations, I conclude that Al Qaeda detainees should be tried in Article III courts under terrorism statutes and Taliban detainees, as military combatants, should …
All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin
All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin
ExpressO
Legal actions against non-humans (whether animals or objects) were once widespread. They were viewed seriously and undoubtedly served important social functions. This article considers the possibility that some of these actions may have been playful as well. Certain aspects of legal actions against animals and objects-- occasional moments of levity, a preoccupation with formal rules, and a strong emphasis on imaginative transformation-- suggest that these actions had elements of play. The possibility is worth considering for two reasons. First, it may shed some light on a practice that has perplexed and disturbed commentators for centuries. Second, an examination of play …
Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta
Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta
ExpressO
No abstract provided.
Indianapolis V. Edmond And The Original Understanding Of The Fourth Amendment, Bruce Newman
Indianapolis V. Edmond And The Original Understanding Of The Fourth Amendment, Bruce Newman
ExpressO
In this article I examine to what extent Indianapolis v. Edmond is in keeping with the original understanding of the Fourth Amendment. I conclude that the Founders were much more concerned with searches of real property, often insisting, not only on suspicion, but also a on warrant when searches of real property are involved. Secondly, while the Founders did not consider warrants necessary for searches and seizures off of real property (which for the sake of simplicity I call searches in public areas) the evidence suggests suspicion was required. Indeed, the Fourth Amendment was a direct response to the British …
When Does A Discharge Of A Bail Bond Discharge The Surety?, Jason D. Katz
When Does A Discharge Of A Bail Bond Discharge The Surety?, Jason D. Katz
ExpressO
This article examines the situations when a discharge of a bail bond actually discharges the liability of the surety and/ or its agent, the bail bondsman, as interpreted by the courts.
“All Aboard!” An Overview Of The Continuing Debate Regarding The Enforceability Of Dispute Resolution Provisions Of Filipino Seamen Employment Contracts, Richard V. Blystone
“All Aboard!” An Overview Of The Continuing Debate Regarding The Enforceability Of Dispute Resolution Provisions Of Filipino Seamen Employment Contracts, Richard V. Blystone
ExpressO
No abstract provided.
National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock
National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock
ExpressO
In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely …
The Narrow Tailoring Issue In The Affirmative Action Cases: Reconsidering The Supreme Court's Approval In Gratz And Grutter Of Race-Based Decision Making By Individualized Discretion, David Crump
ExpressO
No abstract provided.
The Internal Revenue Code As Sodomy Statute, Anthony C. Infanti
The Internal Revenue Code As Sodomy Statute, Anthony C. Infanti
ExpressO
This essay attempts to bridge the gap between gay and straight understanding of the Internal Revenue Code’s impact on gay and lesbian couples. Through a combination of personal narrative and legal analysis, I try to explain how, from a gay perspective, the Code can be viewed as discriminating against gay and lesbian couples – regardless of whether, on a net basis, they are required to pay more or less tax than similarly-situated straight couples.
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
ExpressO
Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …
The Control Of Wealth In Bankruptcy, Jay L. Westbrook
A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi
A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi
ExpressO
This paper examines the current trends in a predominantly sectoral U.S. privacy regime that appears to be becoming more comprehensive in nature with respect to data privacy protection. This trend has been greatly attributed to the European Union's comprehensive position on data privacy protection. This paper investigates the growth in U.S. data privacy protection in relation to federal and state legislative history, federal administrative procedures, and private industry efforts. This shift from sectoral to comprehensive regimes is significant in the backdrop of U.S-EU trade relations.
Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor
Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor
ExpressO
The Article probes a paradox that lies at the heart of the work of critical race scholar Derrick Bell. Bell claims on the one hand that racism is permanent, and yet on the other he argues that the fight against racism is both necessary and meaningful. Although Bell’s thesis of racism’s permanence has been criticized for rendering action for racial justice unavailing, the Article advances an understanding of Bell that supports and defends the integrity of his paradox. The Article draws upon the work of Protestant theologian Reinhold Niebuhr and Niebuhr’s paradox that social action is both necessary and meaningful …
Inconceivable? Deducting The Costs Of Fertility Treatment, Katherine Pratt
Inconceivable? Deducting The Costs Of Fertility Treatment, Katherine Pratt
ExpressO
No abstract provided.
The Israeli Lust For Peace: Illusion, Tragedy And Prospect, Lloyd R. Cohen
The Israeli Lust For Peace: Illusion, Tragedy And Prospect, Lloyd R. Cohen
ExpressO
The wishful thinking of Israelis and Americans has led to a pursuit of peace through negotiation and concilliation. This process has led more nearly to war, terrorism and great human suffering than to peace.
The New Japanese Law Schools, James R. Maxeiner
The New Japanese Law Schools, James R. Maxeiner
ExpressO
Japan is in the process of implementing a comprehensive reform of its justice system. At the heart of the reform is a complete overhaul of the system of legal education. The new system is intended to increase substantially the number of lawyers in the country. On April 1, 2004 as many as 72 new law schools are to come into existence. Japanese legal education is shifting from a German-inspired law faculty approach to an American-style law school system. Based on first-hand observations, this article discusses the present and future system of Japanese legal education with reference to its foreign counterparts.
Let’S Get A Vision: Drafting Effective Arbitration Agreements, Laurie E. Leader, Melissa Burger
Let’S Get A Vision: Drafting Effective Arbitration Agreements, Laurie E. Leader, Melissa Burger
ExpressO
No abstract provided.
Combating Money Laundering And International Terrorism: Does The Usa Patriot Act Require The Judicial System To Abandon Fundamental Due Process In The Name Of Homeland Security?, Joan M. O'Sullivan Butler
Combating Money Laundering And International Terrorism: Does The Usa Patriot Act Require The Judicial System To Abandon Fundamental Due Process In The Name Of Homeland Security?, Joan M. O'Sullivan Butler
ExpressO
The USA PATRIOT Act was part of a wave of legislation which reshaped national security policies while simultaneously restricting traditional civil liberties in response to the terrorist attacks of September 11. Among the many terrorism related provisions of the Act, the executive branch was given authority to freeze the assets of organizations in which there is a foreign interest suspected of funding terrorist organizations through the use of an asset blocking order pending further investigation. The Act further permits the use of classified information which will be subjected to only ex parte, in camera inspection by the judge presiding over …