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Jau-Fei Chen, Chi Wei Zhang, E. Lei Zhang, E. E. Zhang V. Jau-Hwa Stewart : Brief Of Appellee, Utah Supreme Court Jan 2002

Jau-Fei Chen, Chi Wei Zhang, E. Lei Zhang, E. E. Zhang V. Jau-Hwa Stewart : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Addendum to Appellee's Brief in Response to Brief of Jau-Hwa and Taig Stewart


Book Review Jan 2002

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


The Legal Status Of The Doha Declaration On Trips And Public Health Under The Vienna Convention Of The Law Of Treaties, James T. Gathii Jan 2002

The Legal Status Of The Doha Declaration On Trips And Public Health Under The Vienna Convention Of The Law Of Treaties, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Rights, Patents, Markets And The Global Aids Pandemic, James T. Gathii Jan 2002

Rights, Patents, Markets And The Global Aids Pandemic, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein Jan 2002

Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein

University of Colorado Law Review

No abstract provided.


Law, Policy, And Market Implications Of Genetic Profiling In Drug Development, Michael J. Malinowski Jan 2002

Law, Policy, And Market Implications Of Genetic Profiling In Drug Development, Michael J. Malinowski

Journal Articles

No abstract provided.


Lead Poisoning Threatens Children's Health, Legal System Responds, Anita Weinberg Jan 2002

Lead Poisoning Threatens Children's Health, Legal System Responds, Anita Weinberg

Public Interest Law Reporter

No abstract provided.


Islamic Court Sentences Nigerian Woman To Death By Stoning, Esther Choi Jan 2002

Islamic Court Sentences Nigerian Woman To Death By Stoning, Esther Choi

Public Interest Law Reporter

No abstract provided.


Consumer Protection Gaining Strength Under State Antitrust Suits, Amanda Strainis-Walker Jan 2002

Consumer Protection Gaining Strength Under State Antitrust Suits, Amanda Strainis-Walker

Public Interest Law Reporter

No abstract provided.


The Battle Over Life-Saving Pharmaceuticals: Are Developing Countries Being Tripped By Developed Countries, Michelle M. Nerozzi Jan 2002

The Battle Over Life-Saving Pharmaceuticals: Are Developing Countries Being Tripped By Developed Countries, Michelle M. Nerozzi

Villanova Law Review (1956 - )

No abstract provided.


Whistleblowing, Mncs, And Peace, Terry M. Dworkin Jan 2002

Whistleblowing, Mncs, And Peace, Terry M. Dworkin

Vanderbilt Journal of Transnational Law

This Article examines the relationship among whistleblowing, corporations, and international peace. The Author attempts to establish that whistleblowing is a vital part of transparency and good government. In Part II, the Author examines the rationale for whistleblowing. Part III addresses the cultural dimensions of whistleblowing and its practicability for global organizations. Finally, the Author looks at the advantages of whistleblowing in relation to both corporations and peace efforts.


Tradition, Principle And Self-Sovereignty: Competing Conceptions Of Liberty In The United States Constitution, Robin West Jan 2002

Tradition, Principle And Self-Sovereignty: Competing Conceptions Of Liberty In The United States Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

The “liberty” protected by the United States Constitution has been variously interpreted as the “liberty” of thinking persons to speak, worship and associate with others, unimpeded by onerous state law; the liberty of consumers and producers to make individual market choices, including the choice to sell one’s labour at any price one sees fit, free of redistributive or paternalistic legislation that might restrict it; and the liberty of all of us in the domestic sphere to make choices regarding reproductive and family life, free of state law that might restrict it on grounds relating to public morals. Although the United …


Gore Wars, Alex Kozinski Jan 2002

Gore Wars, Alex Kozinski

Michigan Law Review

Unless you've been frozen in carbonite or are hopelessly gullible, it must have occurred to you at some point during the last three decades that environmental activists are exaggerating just a bit when they claim that, unless we dramatically change our way of life, we'll soon see the end of civilization as we know it. I'm not sure when these doomsday predictions got started - probably they go back to Malthus and beyond - but I first became aware of environmental Jeremiadism in college in the early 1970s, when tout-le-monde were reading a little book called The Limits to Growth. …


Aol Time Warner Foundation: Extending Internet Benefits To All, B. Keith Fulton Jan 2002

Aol Time Warner Foundation: Extending Internet Benefits To All, B. Keith Fulton

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Health Versus Trade: The Future Of The Who's Framework Convention On Tobacco Control, Alyssa Woo Jan 2002

Health Versus Trade: The Future Of The Who's Framework Convention On Tobacco Control, Alyssa Woo

Vanderbilt Journal of Transnational Law

On October 16, 2000, the World Health Organization (WHO) began the first session of negotiations of its first international health treaty, the Framework Convention on Tobacco Control (FCTC). Scheduled for adoption in May 2003, the FCTC is a comprehensive multilateral treaty that will cover everything from tobacco smuggling to tobacco advertising and the extent of the liability of tobacco companies.

This Note argues that even-handed domestic measures implementing the FCTC will be protected from international, trade-based complaints because the World Trade Organization's dispute settlement system has given sufficient and appropriate content to the health exception to the normal trade rules …


Parents, Children, And Work-First Welfare Reform: Where Is The C In Tanf?, Karen Syma Czapanskiy Jan 2002

Parents, Children, And Work-First Welfare Reform: Where Is The C In Tanf?, Karen Syma Czapanskiy

Maryland Law Review

No abstract provided.


"It Was The Best Of Times, It Was The Worst Of Times...:" Science, Rhetoric And A Distribution In A Risky World, Marc R. Poirier Jan 2002

"It Was The Best Of Times, It Was The Worst Of Times...:" Science, Rhetoric And A Distribution In A Risky World, Marc R. Poirier

Case Western Reserve Law Review

No abstract provided.


Faulty Scholarship: Lomborg And Earth's Living Systems, Allen Hammond, Emily Matthews Jan 2002

Faulty Scholarship: Lomborg And Earth's Living Systems, Allen Hammond, Emily Matthews

Case Western Reserve Law Review

No abstract provided.


Either You're With Us Or Against Us: No Room For The Skeptical Environmentalist, James L. Huffman Jan 2002

Either You're With Us Or Against Us: No Room For The Skeptical Environmentalist, James L. Huffman

Case Western Reserve Law Review

No abstract provided.


Racism In Higher Education, Gwendolyn Zoharah Simmons Jan 2002

Racism In Higher Education, Gwendolyn Zoharah Simmons

University of Florida Journal of Law & Public Policy

No abstract provided.


The U.N. Convention On The Rights Of The Child: Some Observations On The Monitoring And The Social Context Of Its Implementation, Jaap E. Doek Jan 2002

The U.N. Convention On The Rights Of The Child: Some Observations On The Monitoring And The Social Context Of Its Implementation, Jaap E. Doek

University of Florida Journal of Law & Public Policy

No abstract provided.


Judicial And Legislative Checks On Ex Parte Omb Influence Over Administrative Rulemaking, William D. Araiza Jan 2002

Judicial And Legislative Checks On Ex Parte Omb Influence Over Administrative Rulemaking, William D. Araiza

Faculty Scholarship

No abstract provided.


Reverberations From The Collision Of Tort And Warranty (Products Liability Law Symposium In Memory Of Professor Gary T. Schwartz), James J. White Jan 2002

Reverberations From The Collision Of Tort And Warranty (Products Liability Law Symposium In Memory Of Professor Gary T. Schwartz), James J. White

Articles

In his famous Stanford Law Review article, When Worlds Collide,' Professor Marc Franklin foretold the troubles for American law in the impending collision of the tort of strict liability with the warranty of merchantability.2 We daily suffer the reverberations from that collision as courts struggle with the proper application of strict tort liability and breach of warranty in products liability cases. Lawyers who have not studied Article 2 of the Uniform Commercial Code (U.C.C.) are surprised to learn that virtually every buyer who has a strict tort claim for an injury caused by a defective product also has a potential …


Is The Republic Circling The Drain?, W. Taylor Reveley Iii Jan 2002

Is The Republic Circling The Drain?, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.


Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez Jan 2002

Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez

Faculty Articles

The article examines the food security implications of the WTO Agreement on Agriculture. It places the Agreement in historical context, examines its key provisions, and argues that the Agreement systematically favors industrialized country agricultural producers at the expense of farmers in developing countries. The Agreement enables industrialized countries to continue to subsidize agricultural production and to protect domestic producers from foreign competition while requiring market openness in developing countries. The article evaluates the effect of this imbalance on food security in developing countries, and proposes reforms to provide developing countries with the tools to promote access by all people at …


The Social Welfare Of Advertising To Children, Dennis D. Crouch Jan 2002

The Social Welfare Of Advertising To Children, Dennis D. Crouch

Faculty Publications

The aim of this Comment is to approach the issue of advertising to children through an examination of economic incentives and efficiency. The Comment ultimately makes the claim that televised advertisement of products, such as junk food, directed toward children may be inefficient and tend to decrease social welfare. Although they may be compelling, this paper does not rely on the secondary negative externalities often associated with television, such as the cost of treating diabetes and heart disease. Rather, the inefficiency discussed in the Comment involves the informational qualities of advertising. Advertising directed towards young children can be thought of …


Agency Rules With The Force Of Law: The Original Convention, Thomas W. Merrill, Kathryn Tongue Watts Jan 2002

Agency Rules With The Force Of Law: The Original Convention, Thomas W. Merrill, Kathryn Tongue Watts

Faculty Scholarship

The Supreme Court recently held in United States v. Mead Corp. that agency interpretations should receive Chevron deference only when Congress has delegated power to the agency to make rules with the force of law and the agency has rendered its interpretation in the exercise of that power The first step of this inquiry is difficult to apply to interpretations adopted through rulemaking, because often rulemaking grants authorize the agency to make "such rules and regulations as are necessary to carry out the provisions of this chapter" or words to that effect, without specifying whether "rules and regulations" encompasses rules …


The Global Digital Divide: Focusing On Children, Susanna Frederick Fischer Jan 2002

The Global Digital Divide: Focusing On Children, Susanna Frederick Fischer

Scholarly Articles

This article addresses the global aspect of the digital divide in two ways. First, I will focus primarily on the issue of school-aged children's access to information and communications technologies (ICT) globally. My focus is on children for the simple reason that children embody the future. Second, I will limit my assessment of this issue to a comparison of children's access to ICT in six countries around the world. Located on five continents, these six countries range from highly developed OECD countries to lesser developed countries. They are the United States, the United Kingdom, France, Australia, Mongolia, and Tanzania.


Affluence, Technology, And Well-Being, Indur M. Goklany Jan 2002

Affluence, Technology, And Well-Being, Indur M. Goklany

Case Western Reserve Law Review

No abstract provided.


Agency Rules With The Force Of Law: The Original Convention, Thomas W. Merrill, Kathryn Tongue Watts Jan 2002

Agency Rules With The Force Of Law: The Original Convention, Thomas W. Merrill, Kathryn Tongue Watts

Articles

The Supreme Court recently held in United States v. Mead Corp. that agency interpretations should receive Chevron deference only when Congress has delegated power to the agency to make rules with the force of law and the agency has rendered its interpretation in the exercise of that power.

The first step of this inquiry is difficult to apply to interpretations adopted through rulemaking, because often rulemaking grants authorize the agency to make "such rules and regulations as are necessary to carry out the provisions of this chapter" or words to that effect, without specifying whether "rules and regulations" encompasses …