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2003

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An Imperial Security Council? Implementing Security Council Resolutions 1373 And 1390, Jane E. Stromseth Jan 2003

An Imperial Security Council? Implementing Security Council Resolutions 1373 And 1390, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

The UN Security Council has taken important steps against terrorism since the attacks of September 11, 2001. Some of those steps build on previous Security Council counterterrorism efforts; others represent significant innovations. I will focus in particular on Resolution 1373, which the Council adopted on September 28, 2001, and on Resolution 1390, adopted four months later in January 2002.


Two Cheers For Gentrification, J. Peter Byrne Jan 2003

Two Cheers For Gentrification, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The very word "gentrification" implies distaste. Advocates for the poor and ethnic minorities see affluent whites bidding up the prices for urban housing to levels that force poor families out, depriving them of affordable housing, perhaps rendering them homeless, and changing the character of a neighborhood from one that reflects distinct ethnic and class needs and cultural traditions into a bland emporium for expensive consumer goods. Sometimes historic preservation laws are indicted as particular culprits in setting this dynamic in motion. A result of these perceptions is that the legal literature on gentrification, in general, and historic preservation both reflect …


Alarmism Versus Moderation In Responding To The Rehnquist Court, Mark V. Tushnet Jan 2003

Alarmism Versus Moderation In Responding To The Rehnquist Court, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

I begin in Part I by offering a description of the Supreme Court's recent decisions as a less substantial repudiation of prior principles than many think them to be, and as leaving Congress with the means to achieve a quite substantial proportion of the policy goals it pursued in the statutes the Court invalidated. Part II explains why Congress is unlikely to do so, in light of our apparent commitment to divided government, and parties that are organized around distinctive ideologies because of divided government. Part III turns to the prospect for continued policy transformation, identifying the conditions under which …


Foreign Law Year In Review: 2002, Roger P. Alford Jan 2003

Foreign Law Year In Review: 2002, Roger P. Alford

Journal Articles

Contents

  • Introduction


Introduction: Integrity In The Law: Symposium In Honor Of John D. Feerick, William Michael Treanor Jan 2003

Introduction: Integrity In The Law: Symposium In Honor Of John D. Feerick, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Fordham Law School's Integrity in the Law Conference, which honored John Feerick on the occasion of his retirement from the deanship after twenty years of remarkable service to the School, to the University, to the legal profession, and to the law.


The European Union In Transition: The Treaty Of Nice In Effect; Enlargement In Sight; A Constitution In Doubt, Roger J. Goebel Jan 2003

The European Union In Transition: The Treaty Of Nice In Effect; Enlargement In Sight; A Constitution In Doubt, Roger J. Goebel

Fordham International Law Journal

This Article is intended to provide an overview of this transitional moment in the history of the European Union. Initially, the Article will briefly review the background of the Treaty of Nice, and the institutional structure modifications for which it provides, which paves the way for enlargement. Next it will describe the final stages of the enlargement process. Finally, the Article will set out the principal institutional innovations and certain other key aspects of the draft Constitution, the most important issues concerning them, and the current impasse.


An Examination Of Role Conflict, Role Strain, And Coping Strategies Among Single-Mother College Students, Lisa L. Adolfs Jan 2003

An Examination Of Role Conflict, Role Strain, And Coping Strategies Among Single-Mother College Students, Lisa L. Adolfs

Theses and Dissertations

No abstract provided.


Officer, Where's My Stuff - The Constitutional Implications Of A De Facto Property Disability For Homeless People, Kevin Bundy Jan 2003

Officer, Where's My Stuff - The Constitutional Implications Of A De Facto Property Disability For Homeless People, Kevin Bundy

UC Law Journal of Race and Economic Justice

As municipalities across the nation employ increasingly aggressive anti-homeless policies, homeless people are suffering seizure and destruction of their personal belongings without due process or compensation. Courts generally have not proven receptive to homeless people's claims based on loss of personal property, in some instances refusing to recognize that the homeless can exercise any legally protected property interest at all. Homeless existence itself-a lack of private, defensible space in which to perform basic life functions and secure ownership over personal belongings-leaves homeless people with no legally sanctioned place in which to dwell, and exposes them to arbitrary deprivations of whatever …


Privileged Communications With Accountants: The Demise Of United States V. Kovel, Kim J. Gruetzmacher Jan 2003

Privileged Communications With Accountants: The Demise Of United States V. Kovel, Kim J. Gruetzmacher

Marquette Law Review

No abstract provided.


Let The Market Do Its Job: Advocating An Integrated Laissez-Faire Approach To Online Profiling Regulation, Svetlana Milina Jan 2003

Let The Market Do Its Job: Advocating An Integrated Laissez-Faire Approach To Online Profiling Regulation, Svetlana Milina

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Unravelling The Mystery -- A Comparative Introduction To Product Liability Law In The Us And Europe, Brandon J. Riordan Jan 2003

Unravelling The Mystery -- A Comparative Introduction To Product Liability Law In The Us And Europe, Brandon J. Riordan

South Carolina Journal of International Law and Business

No abstract provided.


Due Justice: Amelioration For Law School Compliance With The Solomon Amendment: A Handbook For Law Schools, Chai Rachel Feldblum, Michael Boucai Jan 2003

Due Justice: Amelioration For Law School Compliance With The Solomon Amendment: A Handbook For Law Schools, Chai Rachel Feldblum, Michael Boucai

Other Scholarship

No abstract provided.


Pueblo Indians And Citizenship In Territorial New Mexico, Deborah A. Rosen Jan 2003

Pueblo Indians And Citizenship In Territorial New Mexico, Deborah A. Rosen

New Mexico Historical Review

No abstract provided.


Research On Self-Represented Litigation: Preliminary Results And Methodological Considerations, Paula Hannaford-Agor, Nicole Mott Jan 2003

Research On Self-Represented Litigation: Preliminary Results And Methodological Considerations, Paula Hannaford-Agor, Nicole Mott

Faculty Publications

As various programs for self-represented litigants proliferate and costs increase, fund­ing agencies are beginning to demand that programs demonstrate their effectiveness through empirical evaluation. This article recounts some of the lessons learned from a National Center for State Courts' research project on improving access to justice for self-represented litigants. First, the article briefly describes the problems faced by courts as a result of the influx of self-represented litigants. The article then describes automated case-level data and litigant self-reported data from five jurisdictions and some preliminary findings. We conclude with a discussion of problems that we encoun­tered in analyzing those data.


Serving Pro Se Patrons: An Obligation And An Opportunity, Kerry Fitz-Gerald Jan 2003

Serving Pro Se Patrons: An Obligation And An Opportunity, Kerry Fitz-Gerald

Faculty Articles

Historically, non-lawyer patrons in law libraries have been viewed with discomfort, and library services, even in libraries open to the public, have been geared toward members of the legal community. However, changes in both the needs of the public and in the demographics of library patrons are challenging the traditional allocation of services in public law libraries. This article discusses the reasons for the traditional allocation of services, the cultural and economic forces that are bringing the public to law libraries in greater numbers, and new modes of service that can better meet the needs of public patrons.


Should Attorneys Be Footsoldiers In The War On Corporate Fraud?, Douglas Michael Mcmanamon Jan 2003

Should Attorneys Be Footsoldiers In The War On Corporate Fraud?, Douglas Michael Mcmanamon

University of San Francisco Law Review

A SLOW BUT steady march out of recession in the early 1990s set the stage for what would become one of the greatest explosions in growth of the capital markets. It was an unprecedented combination of excess venture capital, coupled with the new and seemingly limitless potential of developing computer technologies, particularly the internet, which created the now infamous "dot-corn" boom that culminated in early 2000. From 1995 to the beginning of 2000, the DowJones Industrial Average' ("DJIA") went from a value under 4000 to nearly 12,000,2 representing an almost 300 percent increase.


2003-2004 Bgsu Catalog, Bowling Green State University Jan 2003

2003-2004 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.


Risk Management And Organizational Governance: The Case Of Enron, Robert Eli Rosen Jan 2003

Risk Management And Organizational Governance: The Case Of Enron, Robert Eli Rosen

Articles

No abstract provided.


Legal Services In The Doha Round, Sydney M. Cone Iii. Jan 2003

Legal Services In The Doha Round, Sydney M. Cone Iii.

Articles & Chapters

As a subcategory of professional services and a sub-subcategory of business services, legal services, when supplied transnationally, are the subject of negotiation in the current round of multilateral trade negotiation known as the Doha Round. The negotiations on legal services that take place in the Doha Round have considerable potential for affecting the economics and activities of lawyers and law firms, and for influencing the content of local professional rules governing the practice of law. This article examines that potential.


Legal Services And The Doha Round Dilemma, Sydney M. Cone Iii. Jan 2003

Legal Services And The Doha Round Dilemma, Sydney M. Cone Iii.

Articles & Chapters

This article examines the nexus between two international topics, namely, trade negotiations, and regulation of the cross-border practice of law. Admittedly, this nexus is not found at a conventional crossroads. Legal services lie somewhat at the periphery of international trade measured in terms of the global value of goods, services and investment used to define major international economic relationships, or to define priorities in the formulation of national and transnational economic policies. Moreover, trade negotiators hardly figure amongst the principal regulators having responsibility for the professional conduct of individuals and firms engaged in the practice of law.

Notwithstanding the somewhat …


Introduction: Into The 21st Century: Reconstruction And Reparations In International Law, Penelope Andrews Jan 2003

Introduction: Into The 21st Century: Reconstruction And Reparations In International Law, Penelope Andrews

Articles & Chapters

No abstract provided.


What Do Clients Want? What Do Lawyers Do?, Lynn Mather Jan 2003

What Do Clients Want? What Do Lawyers Do?, Lynn Mather

Journal Articles

No abstract provided.


Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly Jan 2003

Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly

Journal Articles

No abstract provided.


The Independent Human Rights Commission Proposal In North Dakota : Its Legal History And The Public Policy And Legislative Decision Making After 1999, Steven Snortland Jan 2003

The Independent Human Rights Commission Proposal In North Dakota : Its Legal History And The Public Policy And Legislative Decision Making After 1999, Steven Snortland

Theses and Dissertations

No abstract provided.


Victim-Offender Mediation And Violent Crimes: On The Way To Justice, Ilyssa Wellikoff Jan 2003

Victim-Offender Mediation And Violent Crimes: On The Way To Justice, Ilyssa Wellikoff

Cardozo Journal of Conflict Resolution

This Note will discuss the need for an alternative method within the criminal justice system, such as victimoffender mediation, and will discuss the benefits and implications of extending victim-offender mediation to serious and violent crimes. The first part of this Note will explain the premise and purpose of victim-offender mediation. The Note will detail victim-offender mediation’s roots in restorative justice and the various types of victim-offender mediation programs currently in place. The second part of this Note will address the efficacy of victim-offender mediation programs, highlighting the program’s overall benefits and shortcomings. The Note will then address the criminal judicial …


The Cost Of Humanitarian Assistance: Ethical Rules And The First Amendment, John P. Sahl Jan 2003

The Cost Of Humanitarian Assistance: Ethical Rules And The First Amendment, John P. Sahl

Akron Law Faculty Publications

For many Americans, the choice between affording legal assistance--a luxury item--and covering basic living expenses appears to represent a choice in name only. Most states prohibit lawyers from providing clients with financial assistance to cover these living expenses. In a few states, lawyers may help clients with living expenses by advancing or guaranteeing financial assistance. Given accurate information about the availability of legal services, poor people may find themselves able to protect important legal rights.

In Part I, this Article reviews the origins of and reasons for the ban on lawyer advancement of living expenses to clients when litigation is …


Legal Issues Under Wto Rules On The Closer Economic Partnership Arrangement (Cepa) Between Mainland China And Hong Kong, Henry S. Gao Jan 2003

Legal Issues Under Wto Rules On The Closer Economic Partnership Arrangement (Cepa) Between Mainland China And Hong Kong, Henry S. Gao

Research Collection Yong Pung How School Of Law

On 29 June 2003, the Central Government of the People's Republic of China (the Mainland) and the Hong Kong Special Administrative Region (HKSAR) signed the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA). As the first Regional Trade Agreement (RTA) for both sides, the CEPA provides a model for China to use the arrangements allowed under the rules of the World Trade Organization (WTO) to further trade liberalisation and promote economic development. This is a commendable endeavour. However, due to the complexity of the relevant rules of the WTO, caution must be exercised in the formulation and implementation of …


Is "Response To Intervention" The Answer To The Individuals With Disability Education Act Eligibility Mess? Jan 2003

Is "Response To Intervention" The Answer To The Individuals With Disability Education Act Eligibility Mess?

Child and Family Law Journal

No abstract provided.


The American Influence On International Arbitration, Roger P. Alford Jan 2003

The American Influence On International Arbitration, Roger P. Alford

Journal Articles

It is indisputable that the international arbitration world is an identifiable epistemic community that transcends national borders, and whose members are shaped by their own experience. Increasingly, that experience reflects an American influence, be it heritage, training, affiliation, or client base. In these remarks, Professor Alford addresses three issues related to the Americanization of international arbitration. The first is whether international arbitration has, in fact, only recently become Americanized. He posits instead that there is always an ebb and flow to the level of the United States' involvement in international arbitration. During the drafting and signing of the 1958 New …


Federal Criminal Law And The Crime-Fraud Exception: Disclosure Of Privileged Conversations And Documents Should Not Be Compelled Without The Government's Factual Foundation Being Tested By The Crucible Of Meaningful Adversarial Testing, Thomas M. Dibiagio Jan 2003

Federal Criminal Law And The Crime-Fraud Exception: Disclosure Of Privileged Conversations And Documents Should Not Be Compelled Without The Government's Factual Foundation Being Tested By The Crucible Of Meaningful Adversarial Testing, Thomas M. Dibiagio

Maryland Law Review

No abstract provided.