Digital Commons Network^™

Media Under French Competition Law, Frédéric Jenny

Fordham International Law Journal

This Article discusses the Conseil de la Concurrence ("Conseil"), established by the December 1986 Ordinance on the Freedom of Prices and Competition. It provides an examination of the case law on media competition issues in France and suggests that such issues raise complex questions and that great caution must be exercised when applying competition law in this sector.

The Status Of The Federal Republic Of Yugoslavia In The United Nations, Vladislav Jovanovic

Fordham International Law Journal

The status and position of the Federal Republic of Yugoslavia (“FRY”) in the United Nations (“UN”) is a controversial issue which has elicited many comments and articles and has cast a long shadow on the legality of the measures taken by the General Assembly (“GA”) and the Security Council (“SC”) vis-a-vis Yugoslavia. In 1992, the SC and the GA both decided that the FRY, composed of Serbia and Montenegro, could not participate in the work of the GA and its bodies. The GA further extended the prohibition against Yugoslavian participation to the Economic and Social Council and its bodies. Throughout …

Patterns In International Water Resource Treaties: The Transboundary Freshwater Dispute Database, Jesse H. Hamner, Aaron T. Wolf

Colorado Environmental Law Journal

No abstract provided.

Third Annual Assessment Of The Civil Justice Reform Act Advisory Group

North Dakota Law Review

No abstract provided.

Third Amendment Of The District's Civil Justice Expense And Delay Reduction Plan

North Dakota Law Review

No abstract provided.

Medical Malpractice Issues Related To The Use Of Telemedicine - An Analysis Of The Ways In Which Telecommunications Affect The Principles Of Medical Malpractice, Phyllis Forrester Granade

North Dakota Law Review

No abstract provided.

Allotment At Pine Ridge Reservation: Its Consequences And Alternative Remedies, Carl G. Hakansson

North Dakota Law Review

No abstract provided.

Is The Environmental Movement A Critical Internet Technology, Henry H. Perritt Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Three Patterns Of Law: Taxonomy And Change In The World's Legal Systems, Ugo Mattei

Faculty Scholarship

No abstract provided.

Reflections On The Economic Future Of Hong Kong, Ted Hagelin

Vanderbilt Journal of Transnational Law

This Article assesses the economic future of Hong Kong after reunification with China. After reviewing Hong Kong's economic history, this Article discusses Hong Kong's present economic situation, and both the positive and negative influences on its economic future. The author identifies China's self-interest in Hong Kong's continued economic prosperity as a positive factor for Hong Kong's economy. China's self-interest stems largely from the recognition that Hong Kong's economic failure will impact China's politics, economics, and foreign relations. Negative developments within China, however, could lead to a precipitous downturn in Hong Kong's economy. Negative developments include potential military and political crises, …

Malpractice And Other Legal Issues Preventing The Development Of Telemedicine , Christopher Caryl

Journal of Law and Health

Even though most Americans have not heard of telemedicine, the federal government is already actively involved in "developing a national telemedicine strategy." This note attempts to accomplish the following: demonstrate the urgent need of rural communities to gain access to adequate health care; clarify how telemedicine can provide enhanced health care to rural communities; and analyze the legal obstacles that have prevented, thus far, the most beneficial utilization of telemedicine. In particular, this note will examine how malpractice claims arising from telemedicine consultations might be resolved. An important issue to recognize at the outset, and one that consistently reappears throughout …

The Arrow Of The Law In Modern Administrative States: Using Complexity Theory To Reveal The Diminishing Returns And Increasing Risks The Burgeoning Of Law Poses To Society, J.B. Ruhl, Harold J. Ruhl Jr.

Vanderbilt Law School Faculty Publications

This article is the third in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first two installments (in the Duke and Vanderbilt law reviews), this work examines the "arrow" or direction of the legal system in the context of the administrative state. Drawing from diverse work such as Burke's study of history's nonlinearity and Tainter's classic study of the collapse of complex civilizations, we argue that the administrative state is becoming too resource intensive and burdened by a proliferation of rules.

Thinking Of Environmental Law As A Complex Adaptive System: How To Clean Up The Environment By Making A Mess Of Environmental Law, J.B. A. Ruhl

Vanderbilt Law School Faculty Publications

This article is the fourth in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It applies the model built in the three prior installments (in the Duke, Vanderbilt, and UC-Davis law reviews) to the specific context of environmental law. The work describes the subject matter of environmental law as a CAS and explains why environmental law thus must "think like a complex adaptive system" in order to accomplish its objectives.

Protecting Software And Information On The Internet, Ronald Cass, Steve Bauer, Pamela Samuelson, Maureen A. O'Rourke, Omar Khudari, George S. Takach

Faculty Scholarship

Welcome. My name is Ron Cass. I am Dean of the Law School here at Boston University. This is part of an ongoing series of symposia on the Internet and Internet law. The program has been put together by Michael Baram, of our Center for Law and Technology, and Steve Bauer, of the law firm Testa, Hurwitz & Thibeault, which has contributed generously to the series and made it possible to line up a number of speakers. I am going to turn over the program now, but I wanted to take this opportunity to thank both Mr. Baram and Mr. …

The Lost Indians Of The Lost Colony: A Critical Legal Study Of The Lumbee Indians Of North Carolina, Cindy D. Padget

American Indian Law Review

No abstract provided.

Migration, Identity & The Colonial Encounter, Tayyab Mahmud

Faculty Articles

The immigrant puts at issue assumptions of inviolability of borders, territoriality of sovereignty, and exclusivity of citizenship - fundamental characteristics of the modern state. The immigrant calls into question cultural homogeneity, linguistic commonality, shared history, and security of identity - the key ideologies of the nation. This article explores these issues by locating them in spatial and temporal sites removed from the common foci of current immigration debates. Using three stories of migration from colonial and postcolonial South Asia, the first part of the article demonstrates that within the general context of empire and imperialism, the determinants and processes of …

Centering The Immigrant In The Inter/National Imagination, Robert S. Chang, Keith Aoki

Faculty Articles

In this Article, Professors Chang and Aoki examine the relationship between the immigrant and the nation in the complicated racial terrain known as the United States. Special attention is paid to the border which contains and configures the local, the national and the international. They criticize the contradictory impulse that has led to borders becoming increasingly porous to the flows of information, goods and capital while simultaneously constricting when it comes to the movement of certain persons, particularly those of Asian and Latinalo ancestry. The authors examine Monterey Park, California, as one site where there has been a large influx …

Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett

Fordham International Law Journal

This Note analyzes Japan's and the Republic of Korea’s competing claims to Liancourt in light of traditional public international law, specifically the 1982 Convention and customary law found in past decisions by the International Court of Justice (“ICJ”) and arbitral bodies (collectively “international adjudicatory bodies”). Part I of this Note provides not only a brief historical overview on Japanese-Korean relations, but also a detailed review of relevant public international law. It outlines important provisions of the 1982 Convention, discusses widely-recognized means of territorial acquisition, and summarizes relevant decisions of international adjudicatory bodies. Part II examines each country's claim to Liancourt. …

Access Rights: A Necessary Corollary To Custody Rights Under The Hague Convention On The Civil Aspects Of International Child Abduction, Priscilla Steward

Fordham International Law Journal

This Note argues that the aspect of the Hague Abduction Convention addressing access rights is ineffective because it has forced some courts to misconstrue provisions of the Hague Abduction Convention in order to carry out the Convention's intent. This Note further argues that the burden of establishing the absence of a wrongful removal or retention should fall upon the parent who has removed the child. This Note also argues that the Hague Conference should amend the Convention to order a court to enforce previously ordered access rights in the child's new habitual residence. Part I provides an historical background on …

Synergy And Friction – Cra, Bhcs, Sba And Community Development Lending, Cassandra Jones Havard

All Faculty Scholarship

The era of federal funding retrenchment makes acute the need for community businesses to have access to capital. The Small Business Administration (SBA) provides small businesses with access to low-cost loans funds. The existing SBA regulatory scheme fosters an approach which allows a private mechanism, lenders, to make public policy decisions about the socio-economic character of communities. Implicit in the Community Reinvestment Act (CRA) and its recent reforms are a recognition of the complex interdependence among policy objectives. The reform statute specifically recognizes that geographical disinvestment has an equally deleterious effect on small business lending as it does on residential …

Richmond Law Magazine: Winter 1997

Richmond Law Magazine

Features:

A Window on the World

Something to Do that Matters

Surfing The Internet: Copyright Issues In Canada , Sheldon Burshtein

Santa Clara High Technology Law Journal

No abstract provided.

Parallel Trade And International Harmonization Of The Exhaustion Of Rights Doctrine, Darren E. Donnelly

Santa Clara High Technology Law Journal

No abstract provided.

Fiscal Reform In China: Implications For Hong Kong, Richard Cullen, Hua Ling Fu

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Between Diversity And Disorder: A Review Of Jorri C. Duursma, Fragmentation And The International Relations Of Micro-States: Self-Determination And Statehood, Thomas D. Grant

American University International Law Review

No abstract provided.

Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard

Faculty Scholarship

The siting of hazardous and nuclear waste facilities has proven to be a task of enormous difficulty in our federal system. In this Article, the Author argues that one of the major causal factors for this difficulty is that the legal regime surrounding waste facility siting decisions is not structured in a manner sensitive to the human factors involved. The siting of a hazardous waste facility is likely to generate a negative community response where the imposition of externally made decisions and externally generated wastes fails to take into account the innate human trait of territoriality. Territoriality is a powerful …

The Evolution And Implementation Of Minority Rights, David Wippman

Fordham Law Review

No abstract provided.

Mount Laurel At 21 Years: Reflections On The Power Of Courts And Legislatures To Shape Social Change, John Charles Boger

Seton Hall Law Review

No abstract provided.

Foreword Poised At The Cusp: Latcrit Theory, Outsider Jurisprudence And Latina/O Self-Empowerment, Francisco Valdes

Articles

No abstract provided.

Human Rights And The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.