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Full-Text Articles in Law

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen Aug 2018

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen

St. Mary's Law Journal

Abstract forthcoming


Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger Jan 2016

Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger

Faculty Articles

From the moment States created political boundaries to define their territory, they have shared water. There are 263 transboundary lake and river basins worldwide and 300 known transboundary aquifer systems. Whenever sharing is present, the opportunity for conflict is too. Climate change and increasing population are only two factors that may lead to increasing conflict if attention is not given to these situations. Thankfully, sharing water also creates an opportunity for cooperation. Throughout the world, there are increasing examples of conflict and cooperation regarding shared water resources. International water agreements can promote regional peace and security and encourage economic growth ...


Trademarks Under The North American Free Trade Agreement (Nafta), With References To The Current Mexican Law, Roberto Rosas Jan 2014

Trademarks Under The North American Free Trade Agreement (Nafta), With References To The Current Mexican Law, Roberto Rosas

Faculty Articles

The introduction of Mexico into the international trademark arena may significantly influence the future of the North American Free Trade Agreement (“NAFTA”). NAFTA established a reliable and efficient system for trademark registration and protection. This system not only protects owners of trademarks, but also helps consumers identify and purchase goods or services that meet their needs.

Despite its membership in NAFTA, Mexico is in the process of internationalizing its Intellectual Property protections. It is evident that among countries, economic improvement is generally the main motivation to form Free Trade Agreements, and Mexico's case is no different. Mexico has pursued ...


Leaving The Fda Behind: Pharmaceutical Outsourcing And Drug Safety, Chenglin Liu Jan 2012

Leaving The Fda Behind: Pharmaceutical Outsourcing And Drug Safety, Chenglin Liu

Faculty Articles

During the 2008 heparin crisis, a tainted blood-thinning drug imported from China caused the deaths of at least eighty people in the United States. However, despite the Food and Drug Administration’s (“FDA”) reactive measures, the American regulatory framework for drug safety remains largely unchanged. Currently, about 80% of active pharmaceutical ingredients, 40% of finished drugs, and 50% of all medical devices used in the United States are imported from over 100 countries. With the growth of product outsourcing, pharmaceutical companies in the United States have stopped manufacturing many essential medicines. Nevertheless, the FDA’s foreign inspections have lagged. It ...


Higher Education, Corruption, And Reform, Vincent R. Johnson Jan 2012

Higher Education, Corruption, And Reform, Vincent R. Johnson

Faculty Articles

Educational corruption is a problem in every country, particular at the college and university level. With illustrations drawn from the United States, this article considers what “basic principles” should shape efforts to deter, expose, and penalize corruption in academic institutions. The article then identifies “best practices” that should be followed by colleges and universities aspiring to high standards. The discussion explores the role that ethics codes and ethics education can play in fighting corruption. More specifically, the article addresses what types of substantive rules and systematic procedures are essential parts of effective higher education ethics codes. Mindful of the fact ...


Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Stephen M. Sheppard Jan 2011

Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Stephen M. Sheppard

Faculty Articles

Two reasons may support the result in Caperton v. A.T. Massey Coal Co. First, though Caperton may indeed interject greater federal oversight of state judges as well as new oversight of the judges of courts of last resort, Caperton does not add a new review for most judges. Second, the due process of law must protect litigants from apparent corruption, or it cannot protect them from real corruption.

Caperton arose in a messy lawsuit between two West Virginia energy companies—Harman Mining, headed by Hugh Caperton, and the A.T. Massey Coal Company, headed by Don Blankenship—which had ...


The Chinese Takings Law From A Comparative Perspective, Chenglin Liu Jan 2008

The Chinese Takings Law From A Comparative Perspective, Chenglin Liu

Faculty Articles

When acquiring private property, governments may exercise one of three options: confiscation, consensual exchange, or eminent domain. Under the first approach, the government can confiscate private land without seeking consent from private owners and without paying compensation to them. Alternatively, under the consensual exchange approach, the government can only acquire private property through arm’s-length negotiations in an open market. It requires the government to obtain consent from private owners and pay mutually agreed purchase prices, determined by both the government as a willing buyer and private owners as willing sellers. The third approach is through eminent domain, which denotes ...


Disciplinary Evolution And Scholarly Expansion: Legal History In The United States, Michael H. Hoeflich, Stephen M. Sheppard Jan 2005

Disciplinary Evolution And Scholarly Expansion: Legal History In The United States, Michael H. Hoeflich, Stephen M. Sheppard

Faculty Articles

In the United States, the dawn of the twenty-first century has ushered in a period of both transformation and expansion in the study and teaching of legal history. In less than a quarter century, the teaching of legal history, both in law schools and in undergraduate and graduate history programs, has mushroomed from a rather esoteric subject to one that now is considered mainstream.

The American Society for Legal History, the major professional organization of legal historians in the United States, now has a core membership in excess of 1000, and its annual meeting fills two days with lectures, seminars ...


Maternity Rights In Mexico: With References To The Spanish And American Codes, Roberto Rosas Jan 2004

Maternity Rights In Mexico: With References To The Spanish And American Codes, Roberto Rosas

Faculty Articles

Mexico, the United States, and Spain approach maternity rights and benefits from differing perspectives within diverse legal frameworks. Maternity and pregnancy deserve legal protection in the workplace by virtue of their vital role to society. Women worldwide share a concern for maternity rights and benefits, but countries approach legal rights related to motherhood and pregnancy from differing perspectives.

The laws in Mexico and Spain regarding maternity share many similarities, including protecting not only the mother and fetus, but also the infant and father. In contrast, the laws in the United States solely protect the mother and unborn fetus. The laws ...


Into The Star Chamber: Does The United States Engage In The Use Of Torture Or Similar Illegal Practices In The War On Terror, Jeffrey F. Addicott Jan 2003

Into The Star Chamber: Does The United States Engage In The Use Of Torture Or Similar Illegal Practices In The War On Terror, Jeffrey F. Addicott

Faculty Articles

Because of the dangers presented by al-Qaeda style terrorism, the United States has crafted a variety of robust anti-terrorism responses. One of the more controversial of these is the indefinite detention of suspected enemy combatants, and the associated question as to whether the United States can and does employ torture.

Many prominent voices, such as Professor Alan Dershowitz, have advocated a judicial exception allowing torture as an interrogation tool in special instances, but the United States has struggled to find an appropriate balance between civil liberties and security concerns. To succeed in the War on Terror, the U.S. cannot ...


One View To Add To The Many, Bill Piatt Jan 2002

One View To Add To The Many, Bill Piatt

Faculty Articles

The United States offers its citizens the opportunity to participate in the legal and political system through which it governs. The Constitution ensures that its citizens may engage, participate, and represent the body politics in government and the application of its laws. The recent attacks on America and the failure of the immigration system in monitoring its applicants has resulted in more restrictive immigration laws and policy.

The country’s legal education system must continue to improve its efforts in diversifying the nation’s law schools. More minorities should be represented as students, professors, and deans. Accomplishing a more diversified ...


Legal And Policy Implications For A New Era: The War On Terror, Jeffrey F. Addicott Jan 2002

Legal And Policy Implications For A New Era: The War On Terror, Jeffrey F. Addicott

Faculty Articles

The attacks on September 11, 2001 marked the beginning of the War on Terror. A conclusive body of evidence pointed directly to al-Qa’eda’s terrorist organization as the perpetrators of the arrack and to Afghanistan’s Taliban as the State-supporter of the terrorist organization. Al-Qa’eda terrorists use religion, most often radical Islamic fundamentalism, to justify the mass murder of innocent individuals–demonstrating they have no regard for human life, let alone the human rights and fundamental freedoms of others. Armed with the Congressional Joint Resolution, United Nations (“U.N.”) Resolution 1368, and the North Atlantic Treaty Organization (“NATO ...


The Court-Martial: A Historical Survey, David A. Schlueter Jan 1980

The Court-Martial: A Historical Survey, David A. Schlueter

Faculty Articles

In this article, Captain (P) Schlueter describes the development of the legal tribunal known as the court-martial. Beginning with the use of this form of trial in the armies of imperial Rome two thousand years ago, the author traces its evolution through the Middle Ages, to Britain from the Renaissance to the American Revolution. The focus then shifts to the United States, and the focus then shifts to the present day.