Law Commons^™

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm

James W. Diehm

Code Arrogance And Displacement Of Common Law And Equity: A Defense Of Section 1-103 Of The Uniform Commercial Code, Robyn L. Meadows

Robyn L Meadows

No abstract provided.

Child Witnesses Of Domestic Violence: Third Party Recovery For Intentional Infliction Of Emotional Distress, Mary Kate Kearney

Mary Kate Kearney

No abstract provided.

Reflections On Good (Law) Teaching, Mary Kate Kearney, Mary Jane Kearney

Mary Kate Kearney

No abstract provided.

Yes, Virginia (Tech), Our Government Is One Of Limited Powers, Michael R. Dimino

Michael R Dimino

Coordination Of A Large Environmental Permitting Effort, Kenneth T. Kristl, Jennifer T. Nijman

Kenneth T Kristl

No abstract provided.

Modernizing European Competition Law: A Developmental Perspective, David J. Gerber

David J. Gerber

No abstract provided.

International Aspects Of Tobacco Control And The Proposed Who Treaty, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Tobacco Tort Litigation In California: A Better Understanding Of Civil Code Section 1714.45, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

The Secondary Effects Of Environmental Justice Litigation, Gregg P. Macey

Gregg P. Macey

Environmental justice organizations across the country are pursuing redress for disproportionate exposure to environmental harm. While most of the litigation pursued in the name of environmental justice has not resulted in legal remedies, the secondary effects of these legal efforts have not been given sufficient attention. A cross-sectional approach, which holds the context in which organizations pursue litigation constant while scrutinizing whether legal remedies have been achieved, is quite common in the environmental justice literature. Such an approach ignores the unique characteristics of community organizations that influence their ability to adapt to complex decision-making environments. These characteristics, which include membership, …

President's Opening Remarks On The Status Of Legal Writing, Jane Kent Gionfriddo

Jane Kent Gionfriddo

"President's Opening Remarks on the Status of Legal Writing." LWI 2000 Conference, Thursday July 20, 2000. Legal Writing: The Journal of the Legal Writing Institute 7 (2001): [vii]-ix.

Wilde On Trial: Psychic Injury, Exhibitionism And The Law, Kirby Farrell Prof

kirby farrell

A reassessment of Oscar Wilde's conviction for sexual offenses. Wilde's trial responded to polarization in fantasies of respectability in late Victorian culture, with the fear of social death underlying anxieties about homosexuality.

O Documento Eletrônico Como Meio De Prova No Brasil, Ivo T. Gico

Ivo Teixeira Gico Jr.

Discute-se, no presente artigo, a validade do documento eletrônico como meio hábil de prova, a necessidade de inovação no ordenamento jurídico, bem como o livre convencimento do magistrado. It is discussed in this paper, the validity of the electronic document as valid evidence, analyzing, among other things, the issue of the necessity of a physical media for the document and the judge's liberty to decide.

A Era Pós-Napster, Ivo T. Gico

Ivo Teixeira Gico Jr.

O artigo analisa questões referentes à divugação não autorizada de obras artísticas pela internet e os problemas enfrentados pela indústria fonográfica, contrastando o direito ao acesso à informação, controle e seu papel fundamental na construção de uma democracia. The article examines issues relating to unauthorized disclosure of artistic works on the Internet and the problems faced by the music industry, opposed by the access to information rights, control and its fundamental role in the building of a democracy.

Prospects For A Multilateral Tax Treaty, Diane M. Ring

Diane M. Ring

No abstract provided.

Comparative Institutional Analysis In Cyberspace: The Case Of Intermediary Liability For Defamation, Susan Freiwald

Susan Freiwald

Almost every day brings reports that Congress is considering new cyberspace-targeted laws and the courts are deciding novel cyberspace legal questions. These developments lend urgency to the question of whether a particular cyberspace legal change should come through operation of new statutes, judicial decisions, or the free market. If we can develop sophisticated analytical methods to evaluate institutional competence in cyberspace, we can vastly improve the development of cyberspace law and public policy.

Comparative Institutional Analysis in Cyberspace: The Case of Intermediary Liability for Defamation promotes just such an approach. By describing and extending a recently proposed model of comparative …

Trips And Domestic Control: Implications For Developing Countries, Janewa Osei Tutu

J. Janewa Osei-Tutu

The Role Of State Processes In The Production Of ‘Ethnic’ Conflict: The Nation-State Dialectic, Europeanisation And Globalisation, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper sets out to theorise the production of ‘ethnic’ and ‘national’ conflict via the complex interrelation between ‘Nation’ and ‘State’, in what is termed as the nation-state dialectic. It considers the production of ‘ethnic conflict’ and the role of nationalism, the state and class politics. It theorises the State as a social relation and as a power structure and then proceeds in linking it to the emergence of the nation-state construct. In theorising ‘the State’, the attempt is to go beyond considering it merely as a juridical-legal apparatus of power in a given territory, but to explore it also …

Europeanisation And Modernisation: Locating Cyprus In The Southern European Context, Nicos Trimikliniotis

Nicos Trimikliniotis

The question of ‘modernisation’ of the state in Cyprus has recently received a great deal of attention in Cypriot politics. During the last Parliamentary elections in May 2000, the question of ‘modernisation’ entered the political dictionary of the mainstream parties. All political forces professed to be ‘European’, they pledged commitment to the EU accession process and the debate over ‘modernisation’ was closely linked to the policies of harmonisation with the EU in the light of accession. However, little critical work exists to examine Europeanisation that assesses the specific policies employed, the policy goals and kind of issues the processes entails. …

Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez

Carmen G. Gonzalez

The article contributes to the trade and environment literature by assessing the claim that industrialized country proposals to integrate environmental protection into the WTO trade regime constitute environmental imperialism - the imposition of industrialized country values and preferences on less powerful nations. This claim is usually based on two distinct premises. The first is that environmental protection is a luxury that poor countries can ill afford. The second is that wealthy countries have played a leadership role in the protection of the global environment. The article questions these assumptions. It argues that environmental protection is essential to well-being of the …

Behind The Glare Of The Spotlight: Grassroots Efforts To Integrate Facilities In Jacksonville, Florida 1958-1963, Debbie Owens

Debbie Owens

6. Reducing Maltreated Children’S Reluctance To Answer Hypothetical Oath-Taking Competency Questions., Thomas D. Lyon, Karen J. Saywitz, Debra Kaplan, Joyce S. Dorado

Thomas D. Lyon

Apuntes Para Una Biobibliografía De Don Manuel Cervantes Rendón, Historiador Del Derecho, Óscar Cruz

Óscar Cruz Barney

No abstract provided.

An Analysis Of The Irs’S Voluntary Disclosure Policy, Allen Madison

Allen Madison

When a taxpayer files a fraudulent return but amends it before the IRS begins a criminal investigation, the IRS has a long-standing policy that it will not refer that taxpayer to the Department of Justice for prosecution. This policy is known as the Voluntary Disclosure Policy. Such a policy allows taxpayers who have fallen off the tax rolls to get right with the government, which in turn helps the government by increasing revenues without the expense of investigation and enforcement. Over the Policy's history, the IRS has tinkered with it, at times keeping it in written form and at other …

To Whom It May Concern: Fiduciary Duties And Business Associations, Paula J. Dalley

Paula J. Dalley

No abstract provided.

The Civil Asset Forfeiture Reform Act Of 2000 And The Prospects For Federal Sentencing Reform, Barry L. Johnson

Barry L. Johnson

No abstract provided.

Why You Should Use A Course Web Page, E. Joan Blum

E. Joan Blum

No abstract provided.

Parental Assessment Of College Character: Brand Identity And Consumer Behavior In Higher Education, Oscar T. Mcknight, Ronald Paugh, Emily Newton

Oscar T McKnight Ph.D.

The concept of character development in higher education enjoys considerable professional support. Moreover, commercial marketers are aggressively promoting brand image and brand character to differentiate their products and services. However, there is a paucity of research on the marketing of a university's brand character. This exploratory research examines parental assessment of college character , its conceptual components and hierarchical factor structure. A discussion highlights practical implications for the marketing of a college's brand character.

The Civil Asset Forfeiture Reform Act Of 2000: Expanded Government Forfeiture Authority And Strict Deadlines, Stefan D. Cassella

Stefan D Cassella

This article discusses the legislative history of the Civil Asset Forfeiture Reform Act (CAFRA) and explains in detail the procedures for commencing and contesting administrative and civil forfeiture proceedings under 18 U.S.C. 983.

It All Begins With You: Improving Law School Learning Through Professional Self-Awareness And Critical Reflection, Filippa M. Anzalone

Filippa Marullo Anzalone

From the author's introduction: This paper grows out of my reflections on my own introduction to learning theory. In it, I hope to accomplish two things. First, I present a modest proposal for becoming a better teacher. My thesis is simple: by knowing more about ourselves and our own learning processes, preferences, and inclinations, we will become better teachers. We will discover why we have elected to teach as we do, and we will also uncover when we have been on automatic pilot, blithely accepting the role of law professor, as conceived by our institutions, our students' expectations, and our …