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2003

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Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn Jan 2003

Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn

Faculty Scholarship

In May 2003, the WTO granted a waiver for trade restrictions imposed on WTO members not participating in the Kimberley Certification Scheme combating so-called "conflict diamonds." This Article examines the implications of this waiver decision. It argues that GATT/TBT provisions may already excuse the trade restrictions at issue, especially now that the UN Security Council has explicitly supported them. The waiver, therefore, risks sending out the wrong signals, confirming a WTO "superiority complex." At the same time, by excluding restrictions between Kimberley participants from its scope, the waiver implies that WTO members considered the Kimberley scheme to be a non-WTO …

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Three Generations Of Participation Rights In European Administrative Proceedings, Francesca E. Bignami Jan 2003

Three Generations Of Participation Rights In European Administrative Proceedings, Francesca E. Bignami

Faculty Scholarship

This paper develops a conceptual framework for analyzing the development of participation rights in Community administration from the early 1970's to the present day. Procedural rights can be divided into three categories, each of which is associated with a distinct phase in Community history and a particular set of institutional actors. The first set of rights, the right to a fair hearing when the Commission inflicts sanctions or other forms of hardship on individuals, first emerged in the 1970's in the context of competition proceedings and later in areas such as anti-dumping and structural funds. This phase was driven by …

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A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn Jan 2003

A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn

Faculty Scholarship

An important, though oft neglected, distinction between multilateral treaty obligations separates obligations of the bilateral nature from those of the collective or erga omnes partes type. Multilateral obligations of the bilateral type can be reduced to a compilation of bilateral, state-to-state relations. They can be compared to contracts. Collective obligations, in contrast, cannot be divided into bilateral components. They are concluded in pursuit of a collective interest that transcends the individual interests of the contracting parties. The standard example of such obligations are those arising under a human rights treaty. In domestic law, collective obligations can be compared to criminal …

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Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky Jan 2003

Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

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Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine Fisk Jan 2003

Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine Fisk

Faculty Scholarship

No abstract provided.

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More On Lazy Rules: Remarks At The Investiture Of Ira Mark Ellman, Katharine T. Bartlett Jan 2003

More On Lazy Rules: Remarks At The Investiture Of Ira Mark Ellman, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

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On Rankings, A Response To Mitchell Berger, Paul D. Carrington Jan 2003

On Rankings, A Response To Mitchell Berger, Paul D. Carrington

Faculty Scholarship

No abstract provided.

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Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington Jan 2003

Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington

Faculty Scholarship

No abstract provided.

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Law School Libraries, Richard A. Danner Jan 2003

Law School Libraries, Richard A. Danner

Faculty Scholarship

No abstract provided.

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The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie Jan 2003

The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie

Faculty Scholarship

No abstract provided.

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Asserted But Unproven: A Further Response To The Lindgren Study’S Claim That The American Bar Association’S Ratings Of Judicial Nominees Are Biased, Neil Vidmar, Michael J. Saks Jan 2003

Asserted But Unproven: A Further Response To The Lindgren Study’S Claim That The American Bar Association’S Ratings Of Judicial Nominees Are Biased, Neil Vidmar, Michael J. Saks

Faculty Scholarship

No abstract provided.

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A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks Jan 2003

A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks

Faculty Scholarship

No abstract provided.

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Tenure, Mitu Gulati, Devon W. Carbado Jan 2003

Tenure, Mitu Gulati, Devon W. Carbado

Faculty Scholarship

No abstract provided.

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Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl Jan 2003

Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl

Faculty Scholarship

No abstract provided.

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Book Review, Steven L. Schwarcz Jan 2003

Book Review, Steven L. Schwarcz

Faculty Scholarship

Reviewing Cross Border Collateral: Legal Risks and the Conflict of Laws (R. Potok ed., 2002).

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The Trouble With Global Constitutionalism, Ernest A. Young Jan 2003

The Trouble With Global Constitutionalism, Ernest A. Young

Faculty Scholarship

No abstract provided.

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Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles Jan 2003

Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles

Faculty Scholarship

Reviewing, Bruce Ackerman & Ian Ayers, Voting with Dollars: A New Paradigm for Campaign Finance (2002)

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Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins Jan 2003

Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

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Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight Jan 2003

Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight

Faculty Scholarship

No abstract provided.

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Book Review: Dekker, The Invisible Line, Joseph Blocher Jan 2003

Book Review: Dekker, The Invisible Line, Joseph Blocher

Faculty Scholarship

Reviewing Henri A.L. Dekker, The Invisible Line: Land Reform, Land Tenure Security and Land Registration (2003)

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It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr. Jan 2003

It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

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Legal Transitions: Some Welfarist Remarks, Matthew D. Adler Jan 2003

Legal Transitions: Some Welfarist Remarks, Matthew D. Adler

Faculty Scholarship

This essay offers a sympathetic, utilitarian critique of Louis Kaplow's famous argument for legal retroactivity in his 1986 article, "An Economic Analysis of Legal Transitions." The argument, very roughly, is that the prospect of retroactivity is desirable if citizens are rational because it gives them a desirable incentive to anticipate legal change. My central claim is that this argument trades upon a dubious, objective view of probability that assumes rational citizens assign the same probabilities to states as rational governmental officials. But it is subjective, not objective probabilities that bear on rational choice, and the subjective probabilities of rational citizens …

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Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr. Jan 2003

Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr.

Faculty Scholarship

No abstract provided.

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The Influence Of Feminist Pedagogy On Student Participation And Student Perception Of Learning Environment In Distance Education: A Comparative Study Of Web-Based Graduate Distance Education Courses, Tammy R. Johnson Jan 2003

The Influence Of Feminist Pedagogy On Student Participation And Student Perception Of Learning Environment In Distance Education: A Comparative Study Of Web-Based Graduate Distance Education Courses, Tammy R. Johnson

Theses, Dissertations and Capstones

The purpose of this study was to determine if a relationship existed between the level of feminist pedagogy employed in a course and student participation or student perception in that course. The study attempted to measure the level of feminist pedagogy employed in eight randomly selected, web-based distance education courses using a researcher-created instrument: The Feminist Pedagogy Scoring Rubric. Additionally, student perception of learning environment in each course was analyzed through the use of the Distance and Open Learning Environment Scale (DOLES). The rate of student participation in each course was determined by analyzing archived online communications. Four main tenets …

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Renaissance And Reformation: From Private Morals To Public Policy In Alonso De Ercilla’S "La Araucana" And Edmund Spenser’S "The Faerie Oueene", Cyrus Moore Jan 2003

Renaissance And Reformation: From Private Morals To Public Policy In Alonso De Ercilla’S "La Araucana" And Edmund Spenser’S "The Faerie Oueene", Cyrus Moore

Dissertations, Theses, and Capstone Projects

The present study examines the significance for Ercilla and Spenser of humanism, Neoplatonism, Petrarchism, and cortegiania, competing discourses with distinct identities within the competing ideologies of the Reformation and Counter-Reformation. Both authors draw on a shared heritage of the translatio studii and, in particular, on imagery arising from epic poetry's underlying tension between epos and eros. Ercilla's use of this material fuels a renovatio of classical epic based on the poet's participation in the events he describes. Spenser's utilization of these motifs constitutes a transformatio impelled by reformed religion, which raises the stakes from the potential for shame or …

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Editorial Jan 2003

Editorial

Contemporary Aesthetics (Journal Archive)

No abstract provided.

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Collaboration Between Student Affairs And Academic Affairs At Liberal Arts Institutions, Jessica Lynn Moon Jan 2003

Collaboration Between Student Affairs And Academic Affairs At Liberal Arts Institutions, Jessica Lynn Moon

Dissertations and Theses @ UNI

This study examined the perceptions, attitudes, and practices of senior student affairs administrators and academic affairs administrators regarding collaborative work between their respective divisions. Through a survey adapted for this study, senior administrators at liberal arts institutions were asked to report their perceptions and opinions on the relationship between student affairs and academic affairs at their institution. They were also asked their perceptions of the need for collaborative relationships, the benefits of partnerships, occurrences of collaboration, and the perceived barriers to collaboration at their institutions. Seven scale composites were created to allow for a clear comparison of administrative responses on …

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Throwing The Book Versus Cutting Some Slack: Factors Influencing The Use Of Discretion By Game Wardens In Kentucky, Stephen L. Eliason Jan 2003

Throwing The Book Versus Cutting Some Slack: Factors Influencing The Use Of Discretion By Game Wardens In Kentucky, Stephen L. Eliason

Faculty Research at Morehead State University

An article written by Stephen L. Eliason and published in the 2003 issue of Deviant Behavior: An Interdisciplinary Journal, pages 129-152.

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Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno Jan 2003

Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno

Faculty Scholarship

On June 20, 2001, Andrea Yates drowned her four children in a bathtub. At Andrea’s trial, in Harris County, Texas, the prosecution’s star expert, Patrick Dietz, appeared particularly adept at persuading the jury to accept the prosecution’s assertion that Andrea was sane and acting intentionally when she killed her children. This Article analyzes the problematic aspects of Dietz's testimony in an effort to contribute some balance to the Andrea Yates story. Despite the long history of expert witnesses in criminal trials, the justice system should question the fairness and efficacy of such an unregulated storytelling process. Part I of this …

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Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh Jan 2003

Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh

Scholarly Works

No abstract provided.

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