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

Law Commons

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

United States

2003

Discipline
Institution
Publication
Publication Type

Articles 1 - 30 of 66

Full-Text Articles in Law

The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski Dec 2003

The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski

Federal Communications Law Journal

As a result of the recent telecommunications industry slowdown and the rise of globally integrated communications networks, mergers and acquisitions have become a commonplace occurrence throughout the developed world. In this article, Calvin Goldman, Michael Piaskoski and Ilene Gotts review recent merger and acquisition activity and discuss how the decisions to allow or deny “M&A” are viewed by regulatory agencies in the United States, the European Union, and Canada. The first part of this article addresses these three parties’ approaches to M&A consideration and how the concept of “efficiencies” generated by consolidation enters those deliberations. The authors then ...


Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams Dec 2003

Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams

Federal Communications Law Journal

Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.
In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few ...


It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson Oct 2003

It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi Oct 2003

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.


Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White Oct 2003

Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White

All Faculty Scholarship

This essay focuses on hostile business takeovers to illustrate the significance that cultural differences among nations can play in developing a harmonized European Union law. After 12 years of development, the EU Directive regulating hostile takeovers, to everyone’s surprise, was voted down in the EU Parliament in 2001. The EU Parliament consists of the member nations and the movement to defeat the Directive was led by Germany, which had just suffered a brutal hostile takeover of its largest company by British raiders.

The “harmonization” efforts within the EU (i.e., establishing uniform laws among the member nations) mirrors the ...


Editor's Note, Padraig O'Malley Sep 2003

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In this and the next issue of the New England Journal of Public Policy we will look at issues of war in the twentieth century; at how the nature and purpose of war have changed; at how evil stalks the human condition, how we forget, most likely because we want to forget. Some truths are too terrible to bear. They require us to ask questions of ourselves that our psyches are not equipped to answer and so they close down for the sake of our survival. Had we slaughtered dumb animals in the manner in which we slaughtered ourselves during ...


The Costs Of Covert Warfare: Airpower, Drugs, And Warlords In The Conduct Of U.S Foreign Policy, Alfred W. Mccoy Sep 2003

The Costs Of Covert Warfare: Airpower, Drugs, And Warlords In The Conduct Of U.S Foreign Policy, Alfred W. Mccoy

New England Journal of Public Policy

Over the last fifty years the United States has fought four covert wars by using a unique combination of special operations and airpower as a substitute for regular ground troops. Such covert wars are removed from Congressional oversight and conventional diplomacy. Their battlegrounds become the loci of political instability. In highland Asia, while these covert wars are being fought, CIA protection transforms tribal warlords into powerful drug lords linked to international markets. Arguably, every nation needs an intelligence service to warn of future dangers. But should this nation have the right, under U.S. or international law, to conduct its ...


Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel Sep 2003

Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel

ExpressO

This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive ...


Day 3. Wednesday, August 13, 2003: Coalbed Methane Development, University Of Colorado Boulder. Natural Resources Law Center Aug 2003

Day 3. Wednesday, August 13, 2003: Coalbed Methane Development, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

10 pages (includes color illustrations and maps).


2002 Eleventh Circuit Survey: Federal Taxation, David A. Brennen Jul 2003

2002 Eleventh Circuit Survey: Federal Taxation, David A. Brennen

Law Faculty Scholarly Articles

During 2002 federal courts in the United States decided nineteen cases that directly impact federal tax law in the Eleventh Circuit. These cases involve a variety of tax law matters including Federal Insurance Contributions Act ("FICA") payroll tax, estate and gift tax, IRS authority to levy and assess tax, and discharges in bankruptcy. Other tax-related matters addressed by courts in 2002 that impact tax law in the Eleventh Circuit include inventory recapture in an S-corporation conversion, attorney fees for the prevailing party in a tax dispute, and injunctions against tax preparers. By far the most important tax case decided in ...


Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey Jun 2003

Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

7 pages.

"Steve Bailey, National Center for Atmospheric Research"


Slides: The Myth Of Certainty: Water, Law, And Climate, David H. Getches Jun 2003

Slides: The Myth Of Certainty: Water, Law, And Climate, David H. Getches

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: David H. Getches, Raphael J. Moses Professor of Natural Resources Law, University of Colorado School of Law

16 slides


Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman May 2003

Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman

San Diego International Law Journal

This Comment will examine the similarities and differences between the trademark protection laws with regard to the multi-cultural nature of the consuming public of the European Union and that of the United States, and then will recommend ways in which the laws can be harmonized to promote the congruent development and expansion of economic activities globally. This harmonization is necessary in light of the interplay between these schemes for protection of marks and the protection provided under the Paris Convention for the Protection of Industrial Property, the Madrid Agreement Concerning the International Registration of Marks, and the Madrid Protocol. The ...


Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron May 2003

Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron

San Diego International Law Journal

The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other ...


The Stateless Corporation Finds A Home: Alienage Jurisdiction And Dependent Overseas Territories - J.P. Morgan Chase Bank V. Traffic Stream (Bvi) Infrastructure Limited, Michael Cornell Dypski May 2003

The Stateless Corporation Finds A Home: Alienage Jurisdiction And Dependent Overseas Territories - J.P. Morgan Chase Bank V. Traffic Stream (Bvi) Infrastructure Limited, Michael Cornell Dypski

San Diego International Law Journal

The purpose of this Article is to discuss the evolution of the alienage jurisdiction statute and the status of overseas dependent territories in light of the recent Supreme Court decision. Part I of this Article will provide a brief historical background of 28 U.S.C. § 1332 and its purpose. Part II will discuss the concepts of the state and statelessness, as well as the role of dependent territories in international affairs. Part III will discuss and analyze the various federal decisions seemingly at loggerheads with each other on the issue of federal jurisdiction over dependent territories. Finally, Part IV ...


Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey May 2003

Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey

San Diego International Law Journal

The purpose of this Comment is to explore the legal justification for the targeted killing of a terrorist leader as an act of self-defense. In particular, the focus of this Comment will be on the interpretation of the self-defense doctrine under customary international law and the United Nations Charter. First, this Comment will examine the background and common definitions of assassination. Then, the focus will shift to an evaluation of the relevant customary international law and the Caroline doctrine. Next, this Comment will analyze the United Nations Charter, Article 51 as it relates to a claim of self-defense in response ...


"Sinking" The Caroline: Why The Caroline Doctrine's Restrictions On Self-Defense Should Not Be Regarded As Customary International Law, Maria Benvenuta Occelli May 2003

"Sinking" The Caroline: Why The Caroline Doctrine's Restrictions On Self-Defense Should Not Be Regarded As Customary International Law, Maria Benvenuta Occelli

San Diego International Law Journal

This Comment will show how the Caroline doctrine came to exist, argue that no real doctrine was created as to an imminence requirement, and show that what is known today as the true Caroline doctrine is really obsolete international law and not a current standard by which to judge the legality of a state's use of force in self-defense.


International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood May 2003

International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood

San Diego International Law Journal

This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.


School Privatization And Student Rights: A Comparison Of Canadian And American Law Regarding Searches And Seizures Conducted In Privatized Schools, David J. D'Agata Apr 2003

School Privatization And Student Rights: A Comparison Of Canadian And American Law Regarding Searches And Seizures Conducted In Privatized Schools, David J. D'Agata

University of Miami Inter-American Law Review

No abstract provided.


A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger Apr 2003

A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger

Law Faculty Scholarly Articles

In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may ...


Legal Responses To Mass Protest Actions: The Dramatic Role Of Solidarity In Obtaining Generous Plea Bargains, Frances Olsen Apr 2003

Legal Responses To Mass Protest Actions: The Dramatic Role Of Solidarity In Obtaining Generous Plea Bargains, Frances Olsen

Osgoode Hall Law Journal

Comments on police and other government officials attempts to control protest activities by limiting parade permits and instigating confrontations with demonstrators. Focuses on WTO meeting in Seattle, Washington in November, 1999; the World Bank meeting in Washington, D.C. in April, 2000; and the Democratic National Convention in Los Angeles, California in 2000.


Negotiating High Stakes Water Conflicts: Lessons Learned From Experienced Practitioners, Stephen E. Snyder, University Of Colorado Boulder. Natural Resources Law Center Jan 2003

Negotiating High Stakes Water Conflicts: Lessons Learned From Experienced Practitioners, Stephen E. Snyder, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

36 p. ; 28 cm


The Ilo Core Standards Declaration: Changing The Climate For Changing The Law, Lance A. Compa Jan 2003

The Ilo Core Standards Declaration: Changing The Climate For Changing The Law, Lance A. Compa

Articles and Chapters

[Excerpt] Labor law in the United States is deeply entrenched against domestic pressure for change, let alone international influence. It is no surprise, then, that nearly five years after its adoption, the International Labor Organization's (ILO) 1998 Declaration on Fundamental Principles and Rights at Work has not had a direct impact on American workers' right to organize. On closer examination, however, there appears to be a "climate changing" effect that could move U.S. labor law toward the human rights framework of the Declaration.


Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius Jan 2003

Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius

Faculty Publications

Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic ...


Public Reason As A Public Good, Aaron-Andrew P. Bruhl Jan 2003

Public Reason As A Public Good, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.


Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang Jan 2003

Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang

Fordham Journal of Corporate & Financial Law

No abstract provided.


From Enron To Worldcom And Beyond: Life And Crime After Sarbanes-Oxley, Kathleen F. Brickey Jan 2003

From Enron To Worldcom And Beyond: Life And Crime After Sarbanes-Oxley, Kathleen F. Brickey

Washington University Law Review

This Article presents the alternative view that the Sarbanes-Oxley Act’s criminal provisions make significant strides toward piercing the veil of corporate silence.


Have License, Will Travel: An Analysis Of The New Aba Multijurisdictional Practice Rules, Cynthia L. Fountaine Jan 2003

Have License, Will Travel: An Analysis Of The New Aba Multijurisdictional Practice Rules, Cynthia L. Fountaine

Washington University Law Review

Multijurisdictional practice (“MJP”)—that is, law practice in a host state by an out-of-state lawyer who is licensed in a different home state—raises two primary issues: (1) is the out-of-state lawyer violating the host state’s unauthorized practice of law (“UPL”) regulations; and (2) if the lawyer is permitted to practice in the host state, what ethical rules must the lawyer follow while carrying out the work in the host state? These issues are even more complicated by issues of whether or not litigation is pending, and if so, whether it is pending in state or federal court. ABA ...


“Salt” In The Wound? Making A Case And Formulating A Remedy When An Employer Refuses To Hire Union Organizers, Pamela A. Howlett Jan 2003

“Salt” In The Wound? Making A Case And Formulating A Remedy When An Employer Refuses To Hire Union Organizers, Pamela A. Howlett

Washington University Law Review

No abstract provided.


Financial Collapse And Class Status: Who Goes Bankrupt?, Elizabeth Warren Jan 2003

Financial Collapse And Class Status: Who Goes Bankrupt?, Elizabeth Warren

Osgoode Hall Law Journal

Every policy prescription, economic analysis, or news report about consumer bankruptcy rests on one or another unspoken image of the estimated 1.5 million families that will file in a single year. Data from the 2001 Consumer Bankruptcy Project permit a systematic analysis of the composition of those who file for personal bankruptcy, focusing on their education, occupation, and home ownership status. These attributes serve as a proxy for class identification. Based on these indicia, more than 90 per cent of the families in bankruptcy qualify as middle class. These data are a powerful reminder that whatever else might be ...