Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2006

Northwestern Pritzker School of Law

Discipline
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 79

Full-Text Articles in Law

Science Fiction And Shed Dna, D. H. Kaye Dec 2006

Science Fiction And Shed Dna, D. H. Kaye

NULR Online

No abstract provided.


Korea's Competition Law And Policies In Perspective Symposium On Competition Law And Policy In Developing Countries , Youngjin Jung, Seung Wha Chang Jan 2006

Korea's Competition Law And Policies In Perspective Symposium On Competition Law And Policy In Developing Countries , Youngjin Jung, Seung Wha Chang

Northwestern Journal of International Law & Business

The aim of this article is to provide an overview of competition law and competition policy in Korea and to analyze their relationship with other important national economic policies. Section II provides a historical survey of the country's competition law and policy. Section III examines the major components of the law and evaluates how the antitrust authority has actually enforced its provisions in practice. It also highlights elements of the law that have been tailored to Korea's unique economic circumstances. Section IV focuses on the relationship between competition policy and related economic policies-in particular, industrial policy and trade and investment …


The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming Jan 2006

The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming

Journal of Criminal Law and Criminology

No abstract provided.


Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney Jan 2006

Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney

Journal of Criminal Law and Criminology

No abstract provided.


In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey Jan 2006

In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey

Journal of Criminal Law and Criminology

No abstract provided.


The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song Jan 2006

The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song

Journal of Criminal Law and Criminology

No abstract provided.


The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan Jan 2006

The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan

Journal of Criminal Law and Criminology

No abstract provided.


Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs Jan 2006

Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs

Journal of Criminal Law and Criminology

No abstract provided.


Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky Jan 2006

Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky

Journal of Criminal Law and Criminology

No abstract provided.


Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger Jan 2006

Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger

Journal of Criminal Law and Criminology

No abstract provided.


Deportation And Driving: Felony Dui And Reckless Driving As Crimes Of Violence Following Leocal V. Ashcroft, Maria-Teresa Davenport Jan 2006

Deportation And Driving: Felony Dui And Reckless Driving As Crimes Of Violence Following Leocal V. Ashcroft, Maria-Teresa Davenport

Journal of Criminal Law and Criminology

No abstract provided.


Foreword: Separate But Equal In Prison: Johnson V. California And Common Sense Racism, James E. Robertson Jan 2006

Foreword: Separate But Equal In Prison: Johnson V. California And Common Sense Racism, James E. Robertson

Journal of Criminal Law and Criminology

No abstract provided.


Wilkinson V. Austin And The Quest For A Clearly Defined Liberty Interest Standard, Myra A. Sutanto Jan 2006

Wilkinson V. Austin And The Quest For A Clearly Defined Liberty Interest Standard, Myra A. Sutanto

Journal of Criminal Law and Criminology

No abstract provided.


A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard Jan 2006

A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard

Journal of Criminal Law and Criminology

No abstract provided.


Anglo-American Privacy And Surveillance, Laura K. Donohue Jan 2006

Anglo-American Privacy And Surveillance, Laura K. Donohue

Journal of Criminal Law and Criminology

No abstract provided.


Intimacy And Violence: Exploring The Role Of Victim-Defendant Relationship In Criminal Law, Myrna Dawson Jan 2006

Intimacy And Violence: Exploring The Role Of Victim-Defendant Relationship In Criminal Law, Myrna Dawson

Journal of Criminal Law and Criminology

No abstract provided.


Assessing The Relative Effects Of State Direct File Waiver Laws On Violent Juvenile Crime: Deterrence Or Irrelevance, Benjamin Steiner, Emily Wright Jan 2006

Assessing The Relative Effects Of State Direct File Waiver Laws On Violent Juvenile Crime: Deterrence Or Irrelevance, Benjamin Steiner, Emily Wright

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2006

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort Jan 2006

Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort

Journal of Criminal Law and Criminology

No abstract provided.


Law And The Parameters Of Acceptable Deviance, Mark A. Edwards Jan 2006

Law And The Parameters Of Acceptable Deviance, Mark A. Edwards

Journal of Criminal Law and Criminology

No abstract provided.


Never Going Home: Does It Make Us Safer - Does It Make Sense - Sex Offenders, Residency Restrictions, And Reforming Risk Management Law , Caleb Durling Jan 2006

Never Going Home: Does It Make Us Safer - Does It Make Sense - Sex Offenders, Residency Restrictions, And Reforming Risk Management Law , Caleb Durling

Journal of Criminal Law and Criminology

No abstract provided.


Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld Jan 2006

Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2006

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Train Our Jurors, Jonathan Koehler Jan 2006

Train Our Jurors, Jonathan Koehler

Faculty Working Papers

Lay jurors are often legally and logically unprepared for trial. In response, it is recommended that jurors receive training in how to make better legal decisions. This chapter suggests that jurors should receive comprehensive training in critical legal doctrines and in how to reason with legal evidence. Jurors who cannot be trained to achieve minimal levels of competence (in the law or in basic reasoning) should be excused from jury service. Suggestions are given as to how policy makers and researchers who are interested in jury reform may wish to proceed.


Questions About Forensic Science: Response, Jonathan Koehler Jan 2006

Questions About Forensic Science: Response, Jonathan Koehler

Faculty Working Papers

THE ESSENTIAL MESSAGE OF OUR REVIEW WAS that forensic individualization/identification science is on course for a "paradigm shift" in which its future will be more scientifically grounded than its past.

Harmon and Budowle take issue with the simple point that traditional forensic science assumes that markings produced by different people and objects are observably different. The notion of uniqueness is widespread in forensic science writing, thinking, and practice. We added the qualifier "discernible" to the uniqueness assumption to indicate that criminalists do not refer to uniqueness in the abstract or as a metaphysical property. They mean that conclusions about object …


Fundamentally Conflicting Views Of The Rule Of Law In China And The West & (And) Implications For Commercial Disputes, Benedict Sheehy Jan 2006

Fundamentally Conflicting Views Of The Rule Of Law In China And The West & (And) Implications For Commercial Disputes, Benedict Sheehy

Northwestern Journal of International Law & Business

This paper is an examination of the notions of law, the Rule of Law, and commercial practice in the West and China. The paper outlines the basic philosophical principles and legal concomitants of the Rule of Law, and the corollary Chinese principles and concomitants. It examines the traditions, differences, and similarities in thinking about the issues in each tradition. It then examines the implications of these differences in commercial dispute resolution. After this discussion of traditions, similarities, and differences and their impact on commercial dispute resolution, the paper turns to address how the discrepancies could be dealt with in the …


Challenges To The Effective Implementation Of Competition Policy In Regulated Sectors: The Case Of Telecommunications In Mexico Symposium On Competition Law And Policy In Developing Countries , Oliver Solano, Rafael Del Villar, Rodrigo Garcia-Verdu Jan 2006

Challenges To The Effective Implementation Of Competition Policy In Regulated Sectors: The Case Of Telecommunications In Mexico Symposium On Competition Law And Policy In Developing Countries , Oliver Solano, Rafael Del Villar, Rodrigo Garcia-Verdu

Northwestern Journal of International Law & Business

This article reviews Mexico's competition law and policy, with particular emphasis on the challenges that the Federal Competition Commission ("CFC") has faced in implementing an effective competition policy. Some of the difficulties analyzed are the loopholes in the current laws, the lack of cooperation between the CFC and other sectoral regulators, and the regulatory arbitrage by market participants. These challenges are then illustrated by the developments in the telecommunications sector. This sector is particularly interesting in the case of Mexico given the overwhelming power of the dominant firm and the overlapping and even conflicting mandates of the different government authorities …


Competition Policy In Developing Economies: The Case Of Brazil Symposium On Competition Law And Policy In Developing Countries , Gesner Oliveira, Thomas Fujiwara Jan 2006

Competition Policy In Developing Economies: The Case Of Brazil Symposium On Competition Law And Policy In Developing Countries , Gesner Oliveira, Thomas Fujiwara

Northwestern Journal of International Law & Business

The objective of this article is to discuss the implementation of competition policy in Brazil through a historical perspective. In contrast with the experience of various OECD countries, including the United States in particular, competition policy in Brazil has only recently become relevant. However, its increasing prevalence has not been preceded by the development of a competition culture and institutions. This fact has several implications for policy making. Best practices in the OECD countries cannot be automatically imported without due attention to the peculiarities of a developing economy. This paper is divided into five sections. Section II describes the different …


The New Chapter 15 Of The Bankruptcy Code: A Step Toward Erosion Of National Sovereignty, John J. Chung Jan 2006

The New Chapter 15 Of The Bankruptcy Code: A Step Toward Erosion Of National Sovereignty, John J. Chung

Northwestern Journal of International Law & Business

If Chapter 15 and universalism offer uncertain benefits but certain harms, why have their principles gained such a following? One explanation is that Chapter 15 is part of today's growing trend to internationalize American law. Much like the inclination of some Supreme Court Justices to look to foreign law for guidance, it appears many bankruptcy scholars, judges, and practitioners have developed a taste for international trendiness. This article contends that the debate surrounding Chapter 15 in bankruptcy circles is a variation of the ongoing national debate regarding the citation of foreign law in Supreme Court opinions. This internationalism is a …


Bucking Conventional Wisdom: The Montana Public Defender Act, Jessa Desimone Jan 2006

Bucking Conventional Wisdom: The Montana Public Defender Act, Jessa Desimone

Journal of Criminal Law and Criminology

No abstract provided.