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United States

2002

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Full-Text Articles in Law

The Regulation Of Interactive Television In The United States And The European Union, Hernan Galperin, Francois Bar Dec 2002

The Regulation Of Interactive Television In The United States And The European Union, Hernan Galperin, Francois Bar

Federal Communications Law Journal

The broadcasting industry is rapidly entering the era of digitization, distributed intelligence, and interactivity. The case of interactive television offers an opportunity to investigate how desirable policy goals should be implemented in the post-convergence environment. This Article first reviews the evolution of the broadcasting industry through three successive models: the traditional "Fordist" television model, the current multichannel television model, and the emerging ITV model. Second, it characterizes the basic components of ITV and explores the concerns raised by the evolution of multichannel video programming distributors into ITV platform operators. Next, the Article reviews how regulators in the United States and ...


The Anti-Monopoly Origins Of The Patent And Copyright Clause, Tyler T. Ochoa, Mark Rose Dec 2002

The Anti-Monopoly Origins Of The Patent And Copyright Clause, Tyler T. Ochoa, Mark Rose

Faculty Publications

The British experience with patents and copyrights prior to 1787 is instructive as to the context within which the Framers drafted the Patent and Copyright Clause. The 1624 Statute of Monopolies, intended to curb royal abuse of monopoly privileges, restricted patents for new inventions to a specified term of years. The Stationers' Company, a Crown-chartered guild of London booksellers, continued to hold a monopoly on publishing, and to enforce censorship laws, until 1695. During this time, individual titles were treated as perpetual properties held by booksellers. In 1710, however, the Statute of Anne broke up these monopolies by imposing strict ...


Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi Dec 2002

Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi

Federal Communications Law Journal

One issue that is often overlooked in the capital punishment debate is the policy to shield the public from the specifics of the application, administration, and resolution of the death sentence. First, this Note provides a brief historical and analytical account of capital punishment in this country, and ultimately argues that this historical backdrop forces courts to characterize regulations as content-based distinctions on free speech. Second, this Note provides a background of the methods of capital punishment from the time of the country's founding through the early parts of the twentieth century. Furthermore, this Note will address the emergence ...


Instability In Latin America: U.S. Policy And The Role Of The International Community: Hearing Before The Subcomm. On International Trade And Finance Of The S. Comm. On Banking, Housing, And Urban Affairs, 107th Cong., Oct. 16, 2002 (Statement Of Professor Daniel K. Tarullo, Geo. U. L. Center), Daniel K. Tarullo Oct 2002

Instability In Latin America: U.S. Policy And The Role Of The International Community: Hearing Before The Subcomm. On International Trade And Finance Of The S. Comm. On Banking, Housing, And Urban Affairs, 107th Cong., Oct. 16, 2002 (Statement Of Professor Daniel K. Tarullo, Geo. U. L. Center), Daniel K. Tarullo

Testimony Before Congress

No abstract provided.


European Security And Defense Policy Under The Gun, Jeff P.H. Cazeau Oct 2002

European Security And Defense Policy Under The Gun, Jeff P.H. Cazeau

University of Miami International and Comparative Law Review

No abstract provided.


Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig, David Abraham Oct 2002

Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig, David Abraham

University of Miami International and Comparative Law Review

No abstract provided.


Crisis Of Transatlantic Relations: Nato And The Future European Security And Defense Identity, Mamedov Muschwig Oct 2002

Crisis Of Transatlantic Relations: Nato And The Future European Security And Defense Identity, Mamedov Muschwig

University of Miami International and Comparative Law Review

No abstract provided.


Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector Oct 2002

Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector

University of Miami International and Comparative Law Review

No abstract provided.


Irreconcilable Differences? Germany, The United States And The Hague Convention Controversy, Ximena Skovron Oct 2002

Irreconcilable Differences? Germany, The United States And The Hague Convention Controversy, Ximena Skovron

University of Miami International and Comparative Law Review

No abstract provided.


Fighting Fire With Fire: Rethinking The Role Of Disgust In Hate Crimes, Kathryn Abrams Oct 2002

Fighting Fire With Fire: Rethinking The Role Of Disgust In Hate Crimes, Kathryn Abrams

Faculty Scholarship

Analyzes the community-based responses to hate crimes in the U.S. Discussion on the thesis regarding disgust as a response to hate crimes; Strategies used by Arab and Muslim Americans in response to crimes; Role of disgust in enforcement against group-based violence; Background on the cognitive component of disgust; Efforts made by gays and lesbians to make the streets safer.


Transboundary Water Conflicts And Cooperation, Aaron T. Wolf Jun 2002

Transboundary Water Conflicts And Cooperation, Aaron T. Wolf

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

14 pages.

Contains references (page 13) and endnotes (page 14).


Pre-Conference Statement For The Session On “Integrating Environmental, Cultural And Other Values In Water Law And Policy”, David H. Getches, Sarah B. Van De Wetering Jun 2002

Pre-Conference Statement For The Session On “Integrating Environmental, Cultural And Other Values In Water Law And Policy”, David H. Getches, Sarah B. Van De Wetering

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

39 pages.

Contains references (pages 36-39).


Pre-Conference Statement For The Session On: “Lessons In Water Allocation: Roles For Government And Markets", Charles Howe, Helen Ingram Jun 2002

Pre-Conference Statement For The Session On: “Lessons In Water Allocation: Roles For Government And Markets", Charles Howe, Helen Ingram

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

23 pages.

Contains references (page 23).


International Water Marketing: Perspectives From North America [Abstract], Sarah Michaels, Doug Kenney Jun 2002

International Water Marketing: Perspectives From North America [Abstract], Sarah Michaels, Doug Kenney

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.


It Takes At Least A Minute To Protect And Restore The Colorado River Delta [Abstract], Jennifer Pitt, Daniel F. Luecke Jun 2002

It Takes At Least A Minute To Protect And Restore The Colorado River Delta [Abstract], Jennifer Pitt, Daniel F. Luecke

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.


Short Term Solutions, Interim Surplus Guidelines And The Future Of The Colorado River Delta [Abstract], Rudy E. Verner Jun 2002

Short Term Solutions, Interim Surplus Guidelines And The Future Of The Colorado River Delta [Abstract], Rudy E. Verner

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.


An Efficiency Analysis Of Contracts For The Provision Of Telephone Services To Prisons, Justin Carver May 2002

An Efficiency Analysis Of Contracts For The Provision Of Telephone Services To Prisons, Justin Carver

Federal Communications Law Journal

As the numbers of prisons and prisoners continue to increase, so does the market for prison services. One of the more lucrative segments of this industry is the telephone market. To the extent that the services are provided to the prisoners, the relationship resembles a third party beneficiary contract, but due to the perverse financial incentives and the political climate surrounding prisons and prisoners, neither the state nor the private entity acts in the best interests of the consumers in particular or of society in general. This Article will analyze the efficiency of these contracts, introduce alternate arrangements, and compare ...


Coalbed Methane Development In The Intermountain West: Primer, Gary Bryner Apr 2002

Coalbed Methane Development In The Intermountain West: Primer, Gary Bryner

Coalbed Methane Development in the Intermountain West (April 4-5)

50 pages (includes color illustrations and maps).

Contains 7 pages of endnotes.



Coalbed Methane Development In Wyoming’S Powder River Basin, Diana Hulme Apr 2002

Coalbed Methane Development In Wyoming’S Powder River Basin, Diana Hulme

Coalbed Methane Development in the Intermountain West (April 4-5)

21 pages (includes color illustrations and maps).

Contains endnotes.


An Overview Of Cbm Exploration And Production, Steve De Albuquerque Apr 2002

An Overview Of Cbm Exploration And Production, Steve De Albuquerque

Coalbed Methane Development in the Intermountain West (April 4-5)

9 pages (includes color illustrations and maps).


Pursuing International Labour Rights In U.S. Courts: New Uses For Old Tools, Lance A. Compa Apr 2002

Pursuing International Labour Rights In U.S. Courts: New Uses For Old Tools, Lance A. Compa

Articles and Chapters

Filing lawsuits in U.S. federal and state courts for workers’ rights violations suffered by workers employed by American corporations abroad is one of several strategies for promoting labour rights. Other strategies include use of labour rights mechanisms in GSP laws, in regional trade agreements like NAFTA and Mercosur, in corporate codes of conduct, in the ILO and other venues. To succeed, such suits must first overcome the strong presumption against extraterritorial effect of U.S. law. Other jurisdictional hurdles like “inconvenient forum” also require caution in bringing suits. However, several cases using common law tort and contract theories as ...


When Voluntary, Incentive-Based Controls Fail: Structuring A Regulatory Response To Agricultural Nonpoint Source Water Pollution, Douglas R. Williams Jan 2002

When Voluntary, Incentive-Based Controls Fail: Structuring A Regulatory Response To Agricultural Nonpoint Source Water Pollution, Douglas R. Williams

Washington University Journal of Law & Policy

This Essay considers the extent to which more direct federal regulation of agricultural nonpoint source pollution is warranted. My first conclusion is that an increased federal presence is necessary. My second conclusion is that the costs of implementing such plans and practices should be distributed in a pragmatic way that recognizes the extraordinary organizational presence and political clout of the agricultural industry. Third, measures that promise water quality improvements beyond baseline regulatory requirements should be encouraged. Innovative programs such as point-nonpoint source pollution trading programs may yield sizeable environmental benefits at reduced costs, and states should be free to experiment ...


The Meaning Of Adverse Employment Actions In The Context Of Title Vii Retaliation Claims, Michael Rusie Jan 2002

The Meaning Of Adverse Employment Actions In The Context Of Title Vii Retaliation Claims, Michael Rusie

Washington University Journal of Law & Policy

No abstract provided.


Fundamentalist Federalism: The Lack Of A Rational Basis In United States V. Morrison, Claire L. Huene Jan 2002

Fundamentalist Federalism: The Lack Of A Rational Basis In United States V. Morrison, Claire L. Huene

Washington University Journal of Law & Policy

No abstract provided.


“Free” Communications—The Securities And Exchange Commission's Safe Harbor Provisions In The M&A Release, Christy L. Wells Jan 2002

“Free” Communications—The Securities And Exchange Commission's Safe Harbor Provisions In The M&A Release, Christy L. Wells

Washington University Journal of Law & Policy

No abstract provided.


Markets And Mindwork, Derek C. Bok Jan 2002

Markets And Mindwork, Derek C. Bok

Washington University Journal of Law & Policy

Competition is pervasive in America. It is almost blasphemous to question its efficacy in ordering human affairs. Despite this wave of popularity, I question how beneficial competition is for institutions that traffic in the work of the mind. Cervantes asks, “Can we ever have too much of a good thing?” I would suggest that there can be too much competition in intellectual pursuits. At least, in these fields of endeavor—including law and education—there is no invisible hand that automatically guides human activity to optimum results. On the contrary, intellectual services share certain characteristics that make competition highly problematic ...


Protecting The Still Functioning Ecosystem: The Case Of The Prairie Pothole Wetlands, John H. Davidson Jan 2002

Protecting The Still Functioning Ecosystem: The Case Of The Prairie Pothole Wetlands, John H. Davidson

Washington University Journal of Law & Policy

This Essay discusses the challenges presented by attempts to ensure consistency between agricultural production and ecosystem/biodiversity protection. Additionally, this Essay examines mechanisms for achieving ecosystem protection. Although the notion of a sustainable agriculture provides a backdrop for analysis, this phrase seems far too general to support a meaningful discussion of how we manage real-world agriculture “on the ground.” Therefore, this Essay emphasizes one geographic region and one major natural resource within that region: the “Prairie Pothole” systems of streams, headwaters, wetlands, glacial aquifers, and rivers of the north central United States. This Essay addresses the practical and basic issue ...


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 ...


International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel Jan 2002

International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel

Journal Articles

In Germany v. United States (2001), the International Court of Justice ruled that the Vienna Convention on Consular Relations confers judicially enforceable rights on foreign nationals detained for prolonged periods or sentenced to severe penalties without notice of their right to communicate with their consulates. The Court also ruled that states which fail to give timely notice cannot later invoke procedural default to bar individuals from judicial relief. However, the Court did not clearly address other issues, such as requiring individuals to show prejudice to the outcome of the trial, or denial of certain remedies for Convention violations, which may ...