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2004

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Articles 631 - 660 of 945

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China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross Jan 2004

China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross

UIC Law Open Access Faculty Scholarship

This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which WTO accession has …


U.S.-Style Law School ("Law School") System In Korea: Mistake Or Accomplishment?, Hoyoon Nam Jan 2004

U.S.-Style Law School ("Law School") System In Korea: Mistake Or Accomplishment?, Hoyoon Nam

Fordham International Law Journal

This Note will examine Korea's efforts to transform its legal education system. Part I will explain the particularities of the legal profession in Korea and its current legal education system. Part II will discuss the proposed plan for the implementation of the Law School system in Korea and the arguments by the opposition with a brief comparison to Japan's efforts to reform its legal education system. Part III will then address the advantages and disadvantages of the proposed plan.


Dedication To Professor Valentine Korah, Roger J. Goebel Jan 2004

Dedication To Professor Valentine Korah, Roger J. Goebel

Fordham International Law Journal

This is a tribute (dedication) to Professor Korah for being a a leading academic in European Community competition law, together with the related fields of U.K. competition law and comparative/international antitrust.


Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin Jan 2004

Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Prison Reform Revisited: The Unfinished Agenda, which was held at Pace Law School from October 16-18, 2003, was a remarkable event. At this conference--a summit really--leading academics, attorneys, prison reformers, judges, prison officials and international prison reformers gathered at Pace Law School and the New York State Judicial Center in White Plains, New York to discuss how to advance the cause of prison reform in the U.S. This issue of the Pace Law Review is devoted to the papers presented in connection with that important conference.


The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson Jan 2004

The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

An article describing a “work in progress” can provide only a sketch of the initial plans for the new IUCN Academy of Environmental Law. As the Academy establishes its administrative secretariat, builds its research program, and fashions its collaborative teaching undertakings, the details of this further work will become clear. Their analysis must await the events. Nonetheless, the precedents to date portend a promising future, as illustrated by the launch in Shanghai, and the Academy's initial research into the environmental sustainability of contemporary energy law.


Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark Jan 2004

Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Training For Justice: The Global Reach Of Clinical Legal Education, Richard J. Wilson Jan 2004

Training For Justice: The Global Reach Of Clinical Legal Education, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Exceeding Our Boundaries: Transnational Employment Law Practice And The Export Of American Lawyering Styles To The Global Worksite, Susan Bisom-Rapp Jan 2004

Exceeding Our Boundaries: Transnational Employment Law Practice And The Export Of American Lawyering Styles To The Global Worksite, Susan Bisom-Rapp

Faculty Scholarship

Until very recently, one almost never heard mention of international issues among labor and employment law practitioners in the United States. Conventional wisdom considers this practice area quintessentially local. Identifying a trend that unseats this taken-for-granted notion, the article details the birth of a new employment law sub-specialty: international labor and employment law. Some U.S. management attorneys, working with transnational legal teams comprised of lawyers from foreign firms, are beginning to coordinate multinational clients' employment law projects across multiple national jurisdictions. While the world's legal regimes that regulate labor markets are remarkably culturally specific, the formation of transnational networks of …


Speech And Strife, Robert L. Tsai Jan 2004

Speech And Strife, Robert L. Tsai

Scholarly Articles in Law Reviews & Journals

The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …


Inter-American System, Claudia Martin Jan 2004

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Understanding Settlement In Damages (And Beyond), Chris Guthrie Jan 2004

Understanding Settlement In Damages (And Beyond), Chris Guthrie

Journal of Dispute Resolution

The purpose of this article is to introduce these academic accounts of settlement and to consider whether they provide insight into the settlement of the Sabias' litigation against Humes and Norwalk. I believe these accounts are largely complementary rather than competing, so my own view is that each sheds some light on litigation and settlement behavior in most civil cases (including the Sabia case).


The Debtor-Patient: In Search Of Non-Debt-Based Alternatives, Melissa B. Jacoby Jan 2004

The Debtor-Patient: In Search Of Non-Debt-Based Alternatives, Melissa B. Jacoby

Brooklyn Law Review

No abstract provided.


Mandatory Protections As Veiled Punishments: Debtor Education In H.R. 975, The Bankruptcy Abuse And Consumer Protection Act Of 203, Susan Block-Lieb Jan 2004

Mandatory Protections As Veiled Punishments: Debtor Education In H.R. 975, The Bankruptcy Abuse And Consumer Protection Act Of 203, Susan Block-Lieb

Brooklyn Law Review

No abstract provided.


Introduction, Elizabeth Schneider Jan 2004

Introduction, Elizabeth Schneider

Brooklyn Law Review

No abstract provided.


E-Discovery Under State Court Rules And United States District Court Rules , Jerry W. Cavaneau, Mary Sue Henifin, John J. Hughes, Stephen D. Susman Jan 2004

E-Discovery Under State Court Rules And United States District Court Rules , Jerry W. Cavaneau, Mary Sue Henifin, John J. Hughes, Stephen D. Susman

Fordham Law Review

No abstract provided.


Against Lawyer Retaining Liens, John Leubsdorf Jan 2004

Against Lawyer Retaining Liens, John Leubsdorf

Fordham Law Review

No abstract provided.


The Donation Registry, Robert D. Cooter Jan 2004

The Donation Registry, Robert D. Cooter

Fordham Law Review

No abstract provided.


Access And Justice: The Transformative Potential Of Pro Bono Work , Martha F. Davis Jan 2004

Access And Justice: The Transformative Potential Of Pro Bono Work , Martha F. Davis

Fordham Law Review

No abstract provided.


Access To Justice: Again, Still, Deborah L. Rhode Jan 2004

Access To Justice: Again, Still, Deborah L. Rhode

Fordham Law Review

No abstract provided.


The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman Jan 2004

The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman

Faculty Publications

No abstract provided.


Instruct The Jury: Crane's Serious Difficulty Requirement & Due Process, Kenneth Gaines Jan 2004

Instruct The Jury: Crane's Serious Difficulty Requirement & Due Process, Kenneth Gaines

Faculty Publications

No abstract provided.


Multidisciplinary Practice In The International Context: Realigning The Perspective On The European Union’S Regulatory Regime, George C. Nnona Jan 2004

Multidisciplinary Practice In The International Context: Realigning The Perspective On The European Union’S Regulatory Regime, George C. Nnona

Cornell International Law Journal

Multidisciplinary practice (MDP) and the controversy surrounding it have ebbed in the wake of the Enron scandal and the subsequent enactment of the Sarbanes-Oxley Act. However, legal professionals continue to debate the viability of MDP and rules that currently prohibit lawyer fee-sharing arrangements and partnerships with non-lawyers-some of the rules that aim to safeguard lawyer independence from external influences. This Article addresses one of the most common arguments supporting MDP, namely, that the pervasive propagation of MDP in Europe will inevitably exert an overwhelming influence and pressure to conform on regulators of the legal profession in the United States. The …


Professionalism's Second Wave: A Sampling Of Issues Arising Within Legal Education, Donald L. Burnett Jr. Jan 2004

Professionalism's Second Wave: A Sampling Of Issues Arising Within Legal Education, Donald L. Burnett Jr.

Articles

No abstract provided.


Wealth And Social Responsibility: A Study Of Philanthropy In Southern New Hampshire And Southern Maine, Susan A. Lord Jan 2004

Wealth And Social Responsibility: A Study Of Philanthropy In Southern New Hampshire And Southern Maine, Susan A. Lord

Doctoral Dissertations

This is a study of individual philanthropists and their beliefs and practices of philanthropy in southern New Hampshire and southern Maine. It examines the patterns and social structures of philanthropy in these areas, looking particularly at issues of class, culture, social capital, and civic participation.

Based on in-depth interviews conducted with 40 wealthy philanthropists in 2002 and 2003, the study findings suggest that I uncovered a population of philanthropists that had not been studied before. These sample philanthropists are not simply using their wealth to maintain the status quo and perpetuate their position in society, as past studies have found …


Impact Bias: The Impact Of The Impact Bias On Negotiation, Chris Guthrie, David Sally Jan 2004

Impact Bias: The Impact Of The Impact Bias On Negotiation, Chris Guthrie, David Sally

Marquette Law Review

No abstract provided.


The Taxpayer Bill Of Rights: A Solution To Wisconsin's Fiscal Problems Or A Prescription For Future Fiscal Crises?, Andrew Reschovsky Jan 2004

The Taxpayer Bill Of Rights: A Solution To Wisconsin's Fiscal Problems Or A Prescription For Future Fiscal Crises?, Andrew Reschovsky

Marquette Law Review

No abstract provided.


Keynote Address: Recalling Race, Gender And Sexuality: Outcrit Reflections On Legal Education, Social Identities And The "Rule Of Law" - A Call Toward Collective Insurrections, Francisco Valdes Jan 2004

Keynote Address: Recalling Race, Gender And Sexuality: Outcrit Reflections On Legal Education, Social Identities And The "Rule Of Law" - A Call Toward Collective Insurrections, Francisco Valdes

Articles

No abstract provided.


Legal Professional Privilege In Competition Proceedings Before The European Commission: Beyond The Cursory Glance, Eric Gippini-Fournier Jan 2004

Legal Professional Privilege In Competition Proceedings Before The European Commission: Beyond The Cursory Glance, Eric Gippini-Fournier

Fordham International Law Journal

Although set against the background of investigations by the European Commission in proceedings for the application of the main competition rules of the EU, the discussion remains at the level of broad principles. The driving notion of this article is that the basis and ratio for judicial recognition of a privileged communications doctrine in EU law must be defined explicitly, and that this definition may have important consequences as to the scope and practical administrability of the doctrine. Part I explores the principal rationales usually claimed for the privilege: the utilitarian view and the rights-based approach. This discussion serves as …


Jim Crow's Long Goodbye, Gabriel J. Chin Jan 2004

Jim Crow's Long Goodbye, Gabriel J. Chin

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.


Be Not Afraid Of Change: Time To Eliminate The Corporate Practice Of Medicine Doctrine, Nicole Huberfeld Jan 2004

Be Not Afraid Of Change: Time To Eliminate The Corporate Practice Of Medicine Doctrine, Nicole Huberfeld

Health Matrix: The Journal of Law-Medicine

No abstract provided.