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2001

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Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen Jan 2001

Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen

Faculty Articles

In a pair of recent articles, Professors Jack Goldsmith and Eric Posner have used game theoretic principles to challenge the positivist account of customary international law. Their writings join other early attempts to apply game theory to the international law sources. This article has two purposes. The first is to evaluate game theory's potential for yielding greater insight into customary international law and international law more generally. The second is to respond to the conclusions about customary international law drawn by Professors Goldsmith and Posner. In Part I, Professor Chinen discusses the approach proposed by these two scholars. Traditionally, customary …

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International Law, Human Rights Beneficiaries, And South Africa: Some Thoughts On The Utility Of International Human Rights Law, Ronald Slye Jan 2001

International Law, Human Rights Beneficiaries, And South Africa: Some Thoughts On The Utility Of International Human Rights Law, Ronald Slye

Faculty Articles

This article uses the case of South Africa to illustrate four effects of international human rights law on human rights beneficiaries. First, international human rights law acts as a constraint on state action. Second, it is a source of norms that can be incorporated into, and thus interpreted and implemented by, domestic legal institutions. Third, it acts as a direct or indirect constraint on the actions of international governmental and non-governmental organizations. Fourth, it directly empowers individual victims. The Article also uses the South African example to provide suggestions for additional areas of research and advocacy for international human rights …

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Law Students' Undergraduate Major: Implications For Law School Academic Support Programs (Asps) Performance, Bryan Adamson, Mark Graham Jan 2001

Law Students' Undergraduate Major: Implications For Law School Academic Support Programs (Asps) Performance, Bryan Adamson, Mark Graham

Faculty Articles

This article addresses whether or not law students' comparative educational backgrounds affect their ability to solve general deductive reasoning problems. This question leads to two broader issues: (1) whether any comparative differences in general reasoning competency affect a student's ability to reason within a legal framework; and (2) whether a student's reasoning competency remains static over three years of law school. This article addresses the first issue. At present, a separate study is being conducted to explore how general reasoning differences may influence a student's ability to reason within a legal framework. This article contends that law school academic support …

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Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb Jan 2001

Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb

Faculty Articles

Washington State's sentencing reform in the early 1980s encompassed all felonies, including those resulting in sentences to prison and jail; the state also enacted the first and only sentencing guidelines for juvenile offenders. Several lessons are suggested from Washington's experience: sentencing guidelines can change sentencing patterns and can reduce disparities among offenders who are sentenced for similar crimes and have similar criminal histories; a sentencing commission does not operate as an independent political force, except when such delegation serves the legislature's purpose; guidelines are policy-neutral technologies that can be harnessed to achieve the legislature's will; in states where citizen initiatives …

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Los Angeles As A Single-Cell Organism, Robert S. Chang Jan 2001

Los Angeles As A Single-Cell Organism, Robert S. Chang

Faculty Articles

In this article, Professor Robert S. Chang discusses the Los Angeles Police Department's Rampart scandal. Professor Chang compares Los Angeles to a single-celled organism that lives according to three basic survival rules. These three rules are: 1) keep out that which is undesirable, 2) isolate and control that which cannot be kept out, and 3) expel, whenever possible, undesirable elements. The author first discusses some of the historical antecedents to the Rampart scandal in Los Angeles. The author then discusses how the United States as a whole has historically acted according to the three basic survival rules exhibited by a …

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Placid, Clear-Seeming Words: Some Realism About The New Formalism (With Particular Attention To Promissory Estoppel), Sidney Delong Jan 2001

Placid, Clear-Seeming Words: Some Realism About The New Formalism (With Particular Attention To Promissory Estoppel), Sidney Delong

Faculty Articles

This Article examines the recent doctrinal shift from realist jurisprudence to the “new formalism” as it arises in the creation of contract obligation. Many recent decisions involving promissory estoppel appear to display a trend away from reliance protection in the commercial world. While these decisions are formalist insofar as they favor textual forms over contextual forms, the Author argues that this trend is more properly characterized as a realist effort. This Article examines promissory estoppel in the commercial world and suggests that the “new formalism”, driven by the most “realist” of motives, will expunge liability for promissory estoppel in the …

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Info: January 2001, Seattle University Law Library Jan 2001

Info: January 2001, Seattle University Law Library

Law Library Newsletters

•Faculty publications exhibit •Computer lab renovations
•Terry Cullen moving on
•New CD Law password
•Professional activities
•Library hosts LLOPS
•Reference Desk hours
•New "Starting Points"
•New and notable
•Websites

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Limits Of Migration: The Shoshone Move North, James Rodgers Free Jan 2001

Limits Of Migration: The Shoshone Move North, James Rodgers Free

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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The Octofoil, January/February 2001, Ninth Infantry Division Association Jan 2001

The Octofoil, January/February 2001, Ninth Infantry Division Association

The Octofoil

The Octofoil is the offical publication of the Ninth Infantry Division Association, Inc., an organization formed by the officers and men of the 9th Infantry Division in order to perpetuate the memory of fallen comrades, preserve the esprit de corps of the Division, promote peace and serve as an information bureau about the 9th Infantry Division. The Association is made up of 9th Infantry veterans from WWII and Vietnam, spouses, widows and lineal descendants.

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Fair Use And The Digital Distribution Of Music - Recording Industry Association Of America V. Napster, Inc. (A Comparative Analysis Of A Restraint On Copyright In The United States Of America And Trinidad And Tobago), Michelle Lisa Alexander Jan 2001

Fair Use And The Digital Distribution Of Music - Recording Industry Association Of America V. Napster, Inc. (A Comparative Analysis Of A Restraint On Copyright In The United States Of America And Trinidad And Tobago), Michelle Lisa Alexander

LLM Theses and Essays

The purpose of this thesis is to undertake a critical analysis of the Napster judgment and its treatment of the doctrine of fair use, to determine whether the doctrine can retain its integrity in the internet age. It is proposed that as technology advances, U.S. policymakers are moving away from the constitutional objectives of U.S. copyright law and are equating copyright interests with property rights, to the detriment of noncommercial users of copyrighted works. Further, it is suggested that the decision in the Napster litigation is important for the evolving landscape of U.S. copyright law, as it signals the difficulty …

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A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo Jan 2001

A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo

LLM Theses and Essays

Universally held basic human rights must remain separate from political rights. Such basic human rights are those that are so universal that all societies, systems, nations, and ideology could, and do espouse them. Conversely, political rights are those that are dependent upon compatibility with the system of government in place and arc therefore far less likely to gamer universal support. An effective multilateral enforcement mechanism can only succeed if there are universal agreement and acceptance of the protected rights. Accordingly, at the outset of such a mechanism, only basic human rights may be enforced through trade sanctions. Once such a …

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Liberalization And Politics Of Environmental Management In Tanzania, Alicia Bosensera Magabe Jan 2001

Liberalization And Politics Of Environmental Management In Tanzania, Alicia Bosensera Magabe

LLM Theses and Essays

This thesis examines the factors that have prevented the development of an environmental protection legal and institutional regime in Tanzania. It argues that the central focus of economic reforms has been to kick-start the economy by increasing growth through the maximization of resource exploitation. As a result, concerns for environmental sustainability have been relegated to the periphery of the development agenda. Secondly, as a result of domestic resource scarcity brought on by the economic crisis, environmental policymaking has been held hostage to the influence of foreign donors whose agendas have often been at cross-purpose to environmental protection. Thirdly, the nature …

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Evolution Of The Arm's Length Standard In The Us Transfer Pricing Legislation And Russian Arm's Length Perspective, Andrei A. Shutov Jan 2001

Evolution Of The Arm's Length Standard In The Us Transfer Pricing Legislation And Russian Arm's Length Perspective, Andrei A. Shutov

LLM Theses and Essays

This thesis analyzes the evolution of the arm's length standard (ALS) as the key element of the transfer pricing control system in the US. This thesis also addresses some issues on creation of transfer pricing legislation in the Russian Federation and focuses on three sets of problems. First, it provides the general outline of the legislative history of the ALS as well as the history of the ALS' application in the US, including an overview of landmark cases, which revealed some conceptual problems with respect to the ALS. Secondly, the thesis addresses core problems associated with the ALS, such as …

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Reforming China's Partnership Law: Achievements, Problems And Prospects, Hongbing Fan Jan 2001

Reforming China's Partnership Law: Achievements, Problems And Prospects, Hongbing Fan

LLM Theses and Essays

This thesis proposes some measures to reform China's partnership law after providing an overview of China's partnership development in a historical perspective. After a brief introduction in Part I, Part II reviews the historical development of partnerships since the founding of the People's Republic of China. Much emphasis is put on significant changes since 1978. Part III examines the basic structure and content of the present laws and regulations on partnership in China. Part V highlights the problems and limits facing China's partnership law. Measures are proposed in Part IV with detailed reference to the United States partnership law. As …

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The Impact Of Modernization And Development On Muslim Women In Egypt: A Legal Perspective, Mazahir Muhammed Ata El-Sid Jan 2001

The Impact Of Modernization And Development On Muslim Women In Egypt: A Legal Perspective, Mazahir Muhammed Ata El-Sid

LLM Theses and Essays

This study examines the effectiveness of the modernization theory in Egypt, a developing Muslim society. As in the case of other developing societies, Egypt's modernization is uneven. Therefore, I will examine modernization as it relates to Muslim women in Egypt in as far as they vary in their exposure to the modernizing influences of advanced technology. Egypt has experienced a variety of social, judicial, economic, demographic, and political modifications. These changes have greatly affected Muslim women in Egypt and their family life. Not all of the issues underlying modernization will be addressed in this research. Type of family structure and …

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Legalize It? -Osp And Peer-To-Peer Network Liability For Online Music Copyright Infringements In The United States And Germany, Christian Nils Jochen Engelhardt Jan 2001

Legalize It? -Osp And Peer-To-Peer Network Liability For Online Music Copyright Infringements In The United States And Germany, Christian Nils Jochen Engelhardt

LLM Theses and Essays

It may be useful to explain why a comparative approach was chosen. It is easy and comfortable to get caught up in one's own legal system and not look abroad. It is often difficult enough to understand and apply one’s own laws accurately and the study of a foreign legal system may seem an effort too great. Yet, this reluctance to look beyond the familiar is fatal to legal development and improvement since entirely new ideas are rare in the field of law and the main source of change and new approaches is borrowing from another legal system. If one …

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Children's Interests And Information Disclosure: Who Provided The Egg And Sperm? Or Mommy, Where ( And Whom) Do I Come From?, Naomi R. Cahn Jan 2001

Children's Interests And Information Disclosure: Who Provided The Egg And Sperm? Or Mommy, Where ( And Whom) Do I Come From?, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This essay focuses on the relationships between children, unknown donors, and biological parents. It argues that children deserve access to information about their biological pasts both when the donor's identity is known to the biological parent and when it is unknown. Once an adoption has been finalized or once known gamete donors have agreed not to assert parental rights, the donors should be unable to assert parental rights. But the finality of adoption or gamete provision (which includes eggs, sperm, or embryos) should not prevent the disclosure of information about the identity of biological parents and gamete providers to a …

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Authority Tools For Audiovisual And Music Catalogers: An Annotated List Of Useful Resources, James Alberts, John Bewley, Robert Bratton, Ann Caldwell, Robert B. Freeborn, Sheryl Holmes, Phyllis Jones, Michelle Koth, Marilyn Mccroskey, Jeanne M. Piascik, David Procházka, James L. Soe Nyun, Barbara R. Tysinger, Iris Wolley Jan 2001

Authority Tools For Audiovisual And Music Catalogers: An Annotated List Of Useful Resources, James Alberts, John Bewley, Robert Bratton, Ann Caldwell, Robert B. Freeborn, Sheryl Holmes, Phyllis Jones, Michelle Koth, Marilyn Mccroskey, Jeanne M. Piascik, David Procházka, James L. Soe Nyun, Barbara R. Tysinger, Iris Wolley

OLAC Publications and Training Materials

The Subcommittee on Authority Tools designed this list to bring together, in one place, descriptions of information sources that are useful when developing authorized headings to support audiovisual and music catalog records. Work began on this project in 1999, and the list was released in 2001. It became a historical OLAC document in 2020. Please note that links in this document were active in 2001 and may no longer exist currently.

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Chapter Eight Jan 2001

Chapter Eight

Jean-Baptiste Etienne

No abstract provided.

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Chapter Five Jan 2001

Chapter Five

Jean-Baptiste Etienne

No abstract provided.

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Chapter Four Jan 2001

Chapter Four

Jean-Baptiste Etienne

No abstract provided.

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Chapter Two Jan 2001

Chapter Two

Jean-Baptiste Etienne

No abstract provided.

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Chapter One Jan 2001

Chapter One

Jean-Baptiste Etienne

No abstract provided.

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Afro-Cubans In Cuban Society, Félix Masud-Piloto, Wayne Smith, Pablo A. Fernandez Jan 2001

Afro-Cubans In Cuban Society, Félix Masud-Piloto, Wayne Smith, Pablo A. Fernandez

Diálogo

No abstract provided.

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Más Alla De La Estética Nuyorican Y La Guagua Aérea: La Narrativa De Abraham Rodriquez, Jr." (The Boy Without A Flag: Tales Of The South Bronx), Ada G. Fuentes-Rivera Jan 2001

Más Alla De La Estética Nuyorican Y La Guagua Aérea: La Narrativa De Abraham Rodriquez, Jr." (The Boy Without A Flag: Tales Of The South Bronx), Ada G. Fuentes-Rivera

Diálogo

No abstract provided.

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Mazamorreo: In Search Of Memory/En Busqueda De Memoria, Claudia Courbon Jan 2001

Mazamorreo: In Search Of Memory/En Busqueda De Memoria, Claudia Courbon

Diálogo

No abstract provided.

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Para Continuar El Diálogo Jan 2001

Para Continuar El Diálogo

Diálogo

No abstract provided.

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From The Editor, Félix Masud-Piloto Jan 2001

From The Editor, Félix Masud-Piloto

Diálogo

No abstract provided.

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Allá Y Acá: Locating Puerto Ricans In The Diaspora(S), Miriam Jiménez Román Jan 2001

Allá Y Acá: Locating Puerto Ricans In The Diaspora(S), Miriam Jiménez Román

Diálogo

No abstract provided.

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Critical Wavelength For River Meandering, Boyd F. Edwards, Duane H. Smith Jan 2001

Critical Wavelength For River Meandering, Boyd F. Edwards, Duane H. Smith

Faculty & Staff Scholarship

No abstract provided.

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