Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2005

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 18511 - 18540 of 18591

Full-Text Articles in Entire DC Network

A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs Jan 2005

A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

Go to article

Appellate Court Appointments In The Second Bush Administration, Carl W. Tobias Jan 2005

Appellate Court Appointments In The Second Bush Administration, Carl W. Tobias

Law Faculty Publications

Prof. Tobias discusses the renominations by President George W. Bush of twelve candidates for the United States courts of appeals, all previously opposed by Democratic senators during the President's initial term. Likely reasons and predicted consequences for these renominations are offered.

Go to article

Reconciling Pinstripes And Pearls, Carl W. Tobias, Margaret L. Sanner Jan 2005

Reconciling Pinstripes And Pearls, Carl W. Tobias, Margaret L. Sanner

Law Faculty Publications

Review of Judith Richards Hope, Pinstripes & Pearls: The Women of the Harvard Law School Class of '64 Who Forged an Old-Girl Network and Paved the Way for Future Generations (2003)

Go to article

Is Morrison Dead? Assessing A Supreme Drug (Law) Overdose, Jonathan H. Adler Jan 2005

Is Morrison Dead? Assessing A Supreme Drug (Law) Overdose, Jonathan H. Adler

Faculty Publications

There was little doubt that the federal government would prevail in Gonzales v. Raich. What was, perhaps, so unexpected was so expansive a repudiation of enforceable judicial limitations on federal power. In upholding the constitutionality of the Controlled Substances Act as-applied to the non-commercial intrastate possession and consumption of marijuana for medical purposes as authorized under California law, the Supreme Court hollowed out the core of contemporary Commerce Clause jurisprudence. Insofar as United States v. Morrison had stood for the propositions that only intrastate economic activities could be aggregated for purposes of the “substantial [e]ffects” test, that attenuated connections …

Go to article

U.S.A. & France: I Love You ~ Neither Do I, Dirk Chatelain, Patti Vannoy, Rachael Seravalli, Kevin Abourezk, Erin Hilsabeck, Laura Schreier, Alyssa Schukar Jan 2005

U.S.A. & France: I Love You ~ Neither Do I, Dirk Chatelain, Patti Vannoy, Rachael Seravalli, Kevin Abourezk, Erin Hilsabeck, Laura Schreier, Alyssa Schukar

College of Journalism and Mass Communications: Student Media

The Reporting
The Relationship by Dirk Chatelain
The History by Patti Vannoy
The American Inparis by Dirk Chatelain
The Expats by Rachael Seravalli
The Native Love by Kevin Abourezk
The Parisian Wild West by Kevin Abourezk
The Montauban by Kevin Abourezk
The Tourists by Erin Hilsabeck
The Art Capital by Erin Hilsabeck
The Famous Book Store by Laura Schreier
The Images by Alyssa Schukar
The Pop Culture by Laura Schreier
The Small Screen by Rachael Seravalli
The Veil Debate by Patti Vannoy
The Immigrants by Dirk Chatelain
The Rights Of Women by Patti Vannoy
The European Leader by Erin Hilsabeck …

Go to article

Theorizing About Marriage, Jason S. Carroll, Stan J. Knapp, Thomas B. Holman Jan 2005

Theorizing About Marriage, Jason S. Carroll, Stan J. Knapp, Thomas B. Holman

Faculty Publications

Since its inception in the 1920s, research on marriage relationships has attracted widespread attention within a variety of disciplines and has held a central position in the scientific study of families. However, despite marriage scholarship's long tradition and broad interdisciplinary base, a number of scholars believe that this area of research has reached a crossroads at the beginning of the 21st century. This pivotal moment is seen as largely the result of a lack of explicit theory development in the marriage field. In fact, during the past decade several leading marriage scholars have called for the development of broad integrative …

Go to article

Breaking The Vicious Circularity: Sony's Contribution To The Fair Use Doctrine, Frank Pasquale Jan 2005

Breaking The Vicious Circularity: Sony's Contribution To The Fair Use Doctrine, Frank Pasquale

Case Western Reserve Law Review

No abstract provided.

Go to article

Dean Lindsey Cowen Business Law Lecture: Justified Monopolies: Regulating Pharmaceuticals And Telecommunications, Richard A. Epstein Jan 2005

Dean Lindsey Cowen Business Law Lecture: Justified Monopolies: Regulating Pharmaceuticals And Telecommunications, Richard A. Epstein

Case Western Reserve Law Review

No abstract provided.

Go to article

Incomplete Contracts And The Theory Of Contract Design, Robert E. Scott, George G. Triantis Jan 2005

Incomplete Contracts And The Theory Of Contract Design, Robert E. Scott, George G. Triantis

Case Western Reserve Law Review

No abstract provided.

Go to article

Undergraduate Catalog 2005-2006, University Of North Florida Jan 2005

Undergraduate Catalog 2005-2006, University Of North Florida

UNF Course Catalogs

No abstract provided.

Go to article

Tripoint Issues In Maritime Boundary Delimitation, Coalter G. Lathrop Jan 2005

Tripoint Issues In Maritime Boundary Delimitation, Coalter G. Lathrop

Faculty Scholarship

Tripoint issues arise in maritime boundary delimitation where the maritime areas of three coastal states converge and overlap. Where this trilateral geographic relationship exists, so to does the potential for a tripoint at which three bilateral maritime boundaries could intersect. How should the endpoint(s) of the bilateral boundary be defined in light of possible third party interests? The goal of this report is to provide boundary practitioners with some answers to that question based on the maritime boundary delimitation practice of states, the International Court of Justice, and maritime boundary tribunals.

Go to article

Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar Jan 2005

Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar

Faculty Scholarship

A report to the Illinois State Bar Association of a study examining the incidence, frequency, size of verdicts and other aspects of the medical malpractice system in Illinois. The study looked at statewide data where available, concentrating on Cook and DuPage counties, and Madison and St. Clair counties. The study concludes that the Illinois tort system does not appear to be the cause of the undisputed fact that doctors' liability insurance premiums showed dramatic rises.

Go to article

Tax Shelters And The Search For The Silver Bullet, Lawrence A. Zelenak, Marvin Chirelstein Jan 2005

Tax Shelters And The Search For The Silver Bullet, Lawrence A. Zelenak, Marvin Chirelstein

Faculty Scholarship

This article describes the ongoing legislative and administrative efforts to curtail tax shelters. It concludes that these efforts, which rely largely on disclosure requirements and penalties, cannot succeed as long as taxpayers continue to win many of the litigated shelter cases. It also concludes that the recent proposal of the Joint Committee on Taxation, to codify the economic substance doctrine, is unlikely to solve the problem. Although the proposal would have the salutary effect of preventing courts from deciding that the economic substance doctrine does not exist, courts would remain free to conclude that the doctrine is not applicable in …

Go to article

Book Review, Just Trade, Joost H. B. Pauwelyn Jan 2005

Book Review, Just Trade, Joost H. B. Pauwelyn

Faculty Scholarship

Reviewing, Frank J. Garcia, Trade, Inequality and Justice: Toward a Liberal Theory of Just Trade (2003)

Go to article

Rejoinder: The War On Terrorism: International Law, Clear Statement Requirements, And Constituitional Design, Curtis A. Bradley, Jack L. Goldsmith Jan 2005

Rejoinder: The War On Terrorism: International Law, Clear Statement Requirements, And Constituitional Design, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.

Go to article

Proprietary Rights And Collective Action: The Case Of Biotechnology Research With Low Commercial Value, Arti K. Rai Jan 2005

Proprietary Rights And Collective Action: The Case Of Biotechnology Research With Low Commercial Value, Arti K. Rai

Faculty Scholarship

No abstract provided.

Go to article

The Re-State-Ment Of Non-State Law: The State, Choice Of Law, And The Challenge From Global Legal Pluralism, Ralf Michaels Jan 2005

The Re-State-Ment Of Non-State Law: The State, Choice Of Law, And The Challenge From Global Legal Pluralism, Ralf Michaels

Faculty Scholarship

Should choice of law norms ever designate non-state norms as applicable law? The question is not new of course, although it is seldom discussed systematically. Yet the question moves from the periphery to the center once we view conflict of laws through the lens of globalization. If, through the lens of globalization, states and non-state communities both create norms, this should pose a challenges to conflict of laws rules that traditionally only designates state norms as applicable law. Somewhat surprisingly, conflict of laws and global legal pluralism rarely meet, so far, in analyses This paper does not set out its …

Go to article

The Transformation Of World Trade, Joost H. B. Pauwelyn Jan 2005

The Transformation Of World Trade, Joost H. B. Pauwelyn

Faculty Scholarship

No abstract provided.

Go to article

The Sutherland Report: A Missed Opportunity For Genuine Debate On Trade, Globalization, And Reforming The Wto, Joost H. B. Pauwelyn Jan 2005

The Sutherland Report: A Missed Opportunity For Genuine Debate On Trade, Globalization, And Reforming The Wto, Joost H. B. Pauwelyn

Faculty Scholarship

In January 2005, at the 10th anniversary of the organization, the World Trade Organization (WTO) issued the long-awaited high-level panel report on The Future of the WTO. This essay explains why the so-called Sutherland Report, named after one of its authors, is likely to be regarded by history as a missed opportunity. The report was written by insiders, focuses on insider problems and offers what are essentially insider-based solutions. The essay addresses two specific foundational problems skirted in the Sutherland report: (i) the WTO's protectionist/producer bias and (ii) the question of coordination and coherence with other international organizations. It also …

Go to article

The Story Of ‘Hoffman Plastic Compounds V. Nlrb’: Labor Rights Without Remedies For Undocumented Immigrants, Catherine Fisk, Michael J. Wishnie Jan 2005

The Story Of ‘Hoffman Plastic Compounds V. Nlrb’: Labor Rights Without Remedies For Undocumented Immigrants, Catherine Fisk, Michael J. Wishnie

Faculty Scholarship

In Hoffman Plastic Compounds v. NLRB, 535 U.S. 137 (2002), the United States Supreme Court held that undocumented workers are not entitled to remedies for violations of their rights to unionize under the National Labor Relations Act. The majority of the Court viewed enforcement of immigration policy prohibiting employment of undocumented workers as more important than protecting the labor rights of both undocumented workers and their U.S. citizen co-workers who join their efforts to improve working conditions. The chapter explores the origins of the case in a minimum-wage factory in Los Angeles, the surprising turn of events when the illegally …

Go to article

Captured By Evil: The Idea Of Corruption In Law, Laura S. Underkuffler Jan 2005

Captured By Evil: The Idea Of Corruption In Law, Laura S. Underkuffler

Faculty Scholarship

Corruption is one of the most powerful words in the English language. When it comes to the treatment of corruption by law, however, corruption is a troubled concept. With increasing recognition of the costs of corruption for economic development, democratic governance, international aid programs, and other world goals, attempts to articulate what this destructive force is have led to an avalanche of theoretical writing. In the last fifteen years, corruption has been variously defined as the violation of law, a public servant's breach of public duty, an agent's betrayal of a principal's interests, the pursuit of secrecy, the denial of …

Go to article

Thoughts On ‘Smith’ And Religious-Group Autonomy, Laura S. Underkuffler Jan 2005

Thoughts On ‘Smith’ And Religious-Group Autonomy, Laura S. Underkuffler

Faculty Scholarship

Reconciling the federal constitutional guarantee of religious free exercise with the collective interests of civil society has long been a difficult problem for First Amendment jurisprudence. For many years, the United States Supreme Court protected claimed religious exercise if it was required by a central religious belief, was substantially burdened by government action, and was not outweighed by a compelling state interest. The last prong of this test, in particular, afforded substantial protection to claimed religious exercise when pitted against state laws. In Employment Division v. Smith, decided little more than a decade ago, the Court abruptly shifted course. Citing …

Go to article

Constitutional Issues Posed In The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Erwin Chemerinsky Jan 2005

Constitutional Issues Posed In The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Erwin Chemerinsky

Faculty Scholarship

The stated purpose of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") is to "improve bankruptcy law and practice by restoring personal responsibility and integrity in the bankruptcy system and ensure that the system is fair for both debtors and creditors." Its legislative history stretches over almost a decade, but each iteration of it continued the same core features, the most predominant of which is a complex "means test" to determine whether a debtor may file a Chapter 7 case. This Article seeks to identify the constitutional issues most likely raised by BAPCPA. It cannot identify all …

Go to article

A Prescription For Perilous Times (Reviewing Geoffrey R. Stone, Perilous Times: Free Speech In War Time From The Sedition Act Of 1798 To The War On Terrorism (2004)), Neil S. Siegel Jan 2005

A Prescription For Perilous Times (Reviewing Geoffrey R. Stone, Perilous Times: Free Speech In War Time From The Sedition Act Of 1798 To The War On Terrorism (2004)), Neil S. Siegel

Faculty Scholarship

In this Essay, I argue that Professor Stone has written an important work of constitutional history, not only because of what he has to say, but also because of the time in which he says it. The tragedy of September 11, 2001 generated reactions by every branch of the federal government, as well as by the general public and a host of public-regarding institutions in American society. Each of those reactions has implicated the balance between liberty and security that historically has been tested in this country during times of crisis. 'Perilous Times' lucidly conveys the nation's accumulated lessons of …

Go to article

A Theory In Search Of A Court, And Itself: Judicial Minimalism At The Supreme Court Bar, Neil S. Siegel Jan 2005

A Theory In Search Of A Court, And Itself: Judicial Minimalism At The Supreme Court Bar, Neil S. Siegel

Faculty Scholarship

No abstract provided.

Go to article

Europe, America And The “Unity” Of International Law, Joost H. B. Pauwelyn Jan 2005

Europe, America And The “Unity” Of International Law, Joost H. B. Pauwelyn

Faculty Scholarship

Is international law "Europeanized"? If so, what are the implications of such "Europeanization" for the unity and coherence of international law? This paper claims, first, that the application of international law by domestic courts in Europe does not threaten the unity of international law. There may be good reasons for domestic courts not to give effect to international law, based on democratic legitimacy, internal balance of powers or reciprocity with other nations. Yet, the risk of fragmentation or inconsistent interpretations is not one of them. Second, the definition and pursuit of a European agenda or European approach to international law …

Go to article

Introductory Report On The World Trade Organization, Joost H. B. Pauwelyn Jan 2005

Introductory Report On The World Trade Organization, Joost H. B. Pauwelyn

Faculty Scholarship

Presented at Palma Workshop, 20-21 May 2005, on Unity and Fragmentation in International Law.

Go to article

The Framework Of Full Faith And Credit And Interstate Recognition Of Same-Sex Marriages, William A. Reppy Jr. Jan 2005

The Framework Of Full Faith And Credit And Interstate Recognition Of Same-Sex Marriages, William A. Reppy Jr.

Faculty Scholarship

This article considers whether a Massachusetts same-sex marriage or a Vermont same-sex civil union is entitled to full faith and credit in other states by virtue of the Full Faith and Credit Clause of Article IV of the United States Constitution ("the Clause") and, under a statute enacted by Congress to implement that clause, Section 1739 of the Federal Judicial Code.

Go to article

Foreign Law And The Denominator Problem, Ernest A. Young Jan 2005

Foreign Law And The Denominator Problem, Ernest A. Young

Faculty Scholarship

No abstract provided.

Go to article

Exiting Treaties, Laurence R. Helfer Jan 2005

Exiting Treaties, Laurence R. Helfer

Faculty Scholarship

This Article analyzes the under-explored phenomenon of unilateral exit from international agreements and intergovernmental organizations. Although clauses authorizing denunciation and withdrawal from treaties are pervasive, international legal scholars and international relations theorists have largely ignored them. This Article draws upon new empirical evidence to provide a comprehensive interdisciplinary framework for understanding treaty exit. It examines when and why states abandon their treaty commitments and explains how exit helps to resolve certain theoretical and doctrinal puzzles that have long troubled scholars of international affairs.

Go to article

First Prev Next Last