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Articles 6601 - 6630 of 8385
Full-Text Articles in Entire DC Network
American Bar Association Section Of International Law And Practice Standing Committee On World Order Under Law Report To The House Of Delegates: International Monetary Fund And The World Bank Group, Michael A. Heller, H. Francis Shattuck Jr.
American Bar Association Section Of International Law And Practice Standing Committee On World Order Under Law Report To The House Of Delegates: International Monetary Fund And The World Bank Group, Michael A. Heller, H. Francis Shattuck Jr.
Articles
The International Monetary Fund (IMF) and the World Bank Group are the subjects of this report. The report, with its accompanying recommendation, is one of several reports on selected United Nations specialized agencies and the International Atomic Energy Agency. The report has been developed by the Section of International Law and Practice, International Institutions Committee, through its Working Group on UN Specialized Agencies. This is a contribution to the 50th Anniversary of the United Nations in fulfillment of the American Bar Association's Goal VIII-to advance the rule of law in the world. The accompanying recommendation addresses issues of an enhanced …
Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka
Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka
Articles
What is the so-called "cultural barrier to intellectual property trade?" No definition for this phrase readily came to me when I began exploring the topic. Japanese intellectual property scholars and professionals strongly suspect that their U.S. counterparts, who find institutional or economic explanations for discrepancies between European and American business customs, nevertheless tend to attribute the differences between Japanese and American business practices to cultural differences. Three popular arguments offered to substantiate this "cultural barrier to intellectual property trade" theory are: (1) the application of the concepts of competition and monopoly to intangibles such as technology and ideas is foreign …
Rodrigo's Twelfth Chronicle: The Problem Of The Shanty Chronicle, Richard Delgado
Rodrigo's Twelfth Chronicle: The Problem Of The Shanty Chronicle, Richard Delgado
Articles
No abstract provided.
Views From The Front: A Dialog About The Corporate Law Firm, S. Elizabeth Wilborn, Ronald J. Krotoszynski Jr.
Views From The Front: A Dialog About The Corporate Law Firm, S. Elizabeth Wilborn, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Car Wars: Valuation Standards In Chapter 13 Bankruptcy Cases, David G. Carlson
Car Wars: Valuation Standards In Chapter 13 Bankruptcy Cases, David G. Carlson
Articles
No abstract provided.
Images Of Women And Capital Sentencing Among Female Offenders: Exploring The Outer Limits Of The Eight Amendment And Articulated Theories Of Justice Notes, Jenny E. Carroll
Images Of Women And Capital Sentencing Among Female Offenders: Exploring The Outer Limits Of The Eight Amendment And Articulated Theories Of Justice Notes, Jenny E. Carroll
Articles
No abstract provided.
Rodrigo's Eleventh Chronicle: Empathy And False Empathy Chronicle, Richard Delgado
Rodrigo's Eleventh Chronicle: Empathy And False Empathy Chronicle, Richard Delgado
Articles
No abstract provided.
Coughlin's Complaint: How To Disparage Outsider Writing, One Year Later Response, Richard Delgado
Coughlin's Complaint: How To Disparage Outsider Writing, One Year Later Response, Richard Delgado
Articles
No abstract provided.
Eliminate The Middle Man, Richard Delgado
The Inevitable Wasteland: Why The Public Trustee Model Of Broadcast Television Must Fail - Abandoned In The Wasteland: Children, Television, And The First Amendment By Newton N. Minow And Craig Lamay 1997 Survey Of Books Relating To The Law: Legal Regulation And Reform, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
On The Danger Of Wearing Two Hats: Mistretta And Morrison Revisited, Ronald J. Krotoszynski Jr.
On The Danger Of Wearing Two Hats: Mistretta And Morrison Revisited, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson
Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson
Articles
No abstract provided.
Use And Abuse Of Section 704(C), Laura Cunningham
Oil And Wildlife Along The Frozen Arctic Coast: The Saga Of A Federal-State Struggle Over The Arctic National Wildlife Refuge Submerged Lands, William L. Andreen
Oil And Wildlife Along The Frozen Arctic Coast: The Saga Of A Federal-State Struggle Over The Arctic National Wildlife Refuge Submerged Lands, William L. Andreen
Articles
No abstract provided.
The Sources And Limits Of Freedom Of Religion In A Liberal Democracy: Section 2(A) And Beyond, Paul Horwitz
The Sources And Limits Of Freedom Of Religion In A Liberal Democracy: Section 2(A) And Beyond, Paul Horwitz
Articles
No abstract provided.
Building Bridges And Overcoming Barricades: Exploring The Limits Of Law As An Agent Of Transformational Social Change Colloquium: Bridging Society, Culture, And Law: The Issue Of Female Circumcision, Ronald J. Krotoszynski Jr.
Building Bridges And Overcoming Barricades: Exploring The Limits Of Law As An Agent Of Transformational Social Change Colloquium: Bridging Society, Culture, And Law: The Issue Of Female Circumcision, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Structures Of Environmental Criminal Enforcement, Michael E. Herz
Structures Of Environmental Criminal Enforcement, Michael E. Herz
Articles
No abstract provided.
Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents Symposium: Representing Race, Richard Delgado
Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents Symposium: Representing Race, Richard Delgado
Articles
No abstract provided.
Taking Responsibility: Law's Relation To Justice And D'Amato's Deconstructive Practice, Arthur J. Jacobson
Taking Responsibility: Law's Relation To Justice And D'Amato's Deconstructive Practice, Arthur J. Jacobson
Articles
The Essay challenges the conventional view of law's relationship with justice by defending the indeterminacy thesis, arguing that law enhances the opportunity for taking responsibility, contrary to the usual perspective that sees justice as liability and law as defining liability. It critiques both D'Amato's belief in absolute justice and Derrida's assignment of determinacy to law, asserting that both underestimate law's capacity for justice. The Essay distinguishes between assigned and taken responsibility, advocating for a dynamic conception of law that aligns with substantive justice.
Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer
Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer
Articles
No abstract provided.
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
Articles
No abstract provided.
Text, Purpose, Capacity And Albertson's: A Response To Professor Geier, Edward A. Zelinsky
Text, Purpose, Capacity And Albertson's: A Response To Professor Geier, Edward A. Zelinsky
Articles
In a recent issue of the Florida Tar Review, Professor Deborah Geier added yet another chapter to the running commentary on the Albertson's litigation, using that case to demonstrate her theories of statutory purpose and to criticize, in particular, statutory textualism as she conceives of it. Professor Geier correctly identifies the underlying issues in Albertson's-the role of statutory purpose, the differing institutional capacities of the Congress and the courts, fidelity to statutory text-but resolves those issues in ways that prompt me to rebuttal.
While I commend Professor Geier for her effort to explicate many important questions about the Code and …
Some Realism About Legal Surrealism, Jeanne L. Schroeder
Some Realism About Legal Surrealism, Jeanne L. Schroeder
Articles
The article challenges the traditional understanding of possession in property law, arguing that the concept is increasingly inadequate due to its reliance on physical metaphors that fail to account for intangible assets and noncustodial interests. It advocates for a shift toward an abstract, Hegelian approach, emphasizing legal recognition and control over physical custody, particularly in the context of modern commercial transactions governed by the Uniform Commercial Code (UCC).
Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder
Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder
Articles
The article examines the evolution of property concepts in legal frameworks, particularly focusing on the Uniform Commercial Code (U.C.C.) and its treatment of title in sales transactions. It argues that while the U.C.C. attempted to shift from traditional notions of property as a unitary right to a more process-oriented approach, it did not fully abandon the underlying imagery of property as a tangible, identifiable object. The analysis critiques the common law's emphasis on title and explores the idea that property should be viewed as a legal relation among subjects rather than a fixed, physical entity. The article proposes a reinterpretation …
Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman
Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman
Articles
Contingency fee abuses are attracting increased public attention. Particular interest is focused on the enormous contingency fees generated by mass tort litigation; in some cases, lawyers are collecting multi-million dollar fees essentially for performing paralegal work. In addition, the relationship between the availability of enormous contingency fees and the amassing of thousands of claims of injury in order to dramatically shift the litigation dynamic in favor of plaintiffs is becoming increasingly apparent. For example, the possibility that major ongoing massive litigations, such as those involving silicone breast implants and the as yet nascent litigation involving the contraceptive Norplant, have much …
Bifurcation Of Undersecured Claims In Bankruptcy, David G. Carlson
Bifurcation Of Undersecured Claims In Bankruptcy, David G. Carlson
Articles
The article examines the legal implications of the Supreme Court's decision in Dewsnup v. Timm on the bifurcation of undersecured claims in bankruptcy law. It critiques the ruling for creating confusion and potential inequities, arguing that it may diverge from the intent of the Bankruptcy Code. The analysis highlights the need for clearer guidelines to ensure consistent and fair treatment of secured and unsecured claims across different bankruptcy chapters.
The Original Constitution And Our Origins, John O. Mcginnis
The Original Constitution And Our Origins, John O. Mcginnis
Articles
The question why we should be bound by the original Constitution often is framed as why we should be guided by the dead hand of the past. The notion that this venerable document should be viewed as a possibly unfortunate constraint on our present potential as a society contains an implicit premise about man in history. According to this view, it is open to man to make his history in each generation through some collective cultural process. Given such a premise, it seems plausible to believe that each generation should enjoy the opportunity to decide anew whether to submit to …
Art Speech, Marci A. Hamilton
Art Speech, Marci A. Hamilton
Articles
Although many scholars have been in favor of providing first amendment protection for art, no one has offered a justification for its constitutional protection suited to art's singular capacities. Rather, commentators and courts have been inclined to place art under the rubric of general speech, which limits protection to ideas and content. Professor Hamilton argues that art offers significantly more than its content and deserves first amendment protection tailored to its particular potential. Art enables individuals to experience unfamiliar worlds and thereby to gain new perspectives on the prevailing status quo, including the government's. It performs this function without exposing …
Ethical Commitments, Anthony V. Alfieri
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Articles
Jeanne Schroeder's article critiques the traditional "bundle of sticks" metaphor of property theory, arguing that it erodes property's unity and essence. She integrates insights from Hegel and Lacan to propose a more cohesive understanding of property, emphasizing its role in mediating human interactions and freedom. Schroeder challenges gendered power dynamics in property theory and advocates for a feminist reimagining of property that transcends outdated metaphors.