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Northwestern Pritzker School of Law

Journal

2006

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Articles 1 - 30 of 75

Full-Text Articles in Law

Korea's Competition Law And Policies In Perspective Symposium On Competition Law And Policy In Developing Countries , Youngjin Jung, Seung Wha Chang Jan 2006

Korea's Competition Law And Policies In Perspective Symposium On Competition Law And Policy In Developing Countries , Youngjin Jung, Seung Wha Chang

Northwestern Journal of International Law & Business

The aim of this article is to provide an overview of competition law and competition policy in Korea and to analyze their relationship with other important national economic policies. Section II provides a historical survey of the country's competition law and policy. Section III examines the major components of the law and evaluates how the antitrust authority has actually enforced its provisions in practice. It also highlights elements of the law that have been tailored to Korea's unique economic circumstances. Section IV focuses on the relationship between competition policy and related economic policies-in particular, industrial policy and trade and investment …


The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming Jan 2006

The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming

Journal of Criminal Law and Criminology

No abstract provided.


Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney Jan 2006

Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney

Journal of Criminal Law and Criminology

No abstract provided.


In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey Jan 2006

In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey

Journal of Criminal Law and Criminology

No abstract provided.


The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song Jan 2006

The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song

Journal of Criminal Law and Criminology

No abstract provided.


The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan Jan 2006

The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan

Journal of Criminal Law and Criminology

No abstract provided.


Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs Jan 2006

Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs

Journal of Criminal Law and Criminology

No abstract provided.


Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger Jan 2006

Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger

Journal of Criminal Law and Criminology

No abstract provided.


A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard Jan 2006

A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard

Journal of Criminal Law and Criminology

No abstract provided.


Anglo-American Privacy And Surveillance, Laura K. Donohue Jan 2006

Anglo-American Privacy And Surveillance, Laura K. Donohue

Journal of Criminal Law and Criminology

No abstract provided.


Intimacy And Violence: Exploring The Role Of Victim-Defendant Relationship In Criminal Law, Myrna Dawson Jan 2006

Intimacy And Violence: Exploring The Role Of Victim-Defendant Relationship In Criminal Law, Myrna Dawson

Journal of Criminal Law and Criminology

No abstract provided.


Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort Jan 2006

Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort

Journal of Criminal Law and Criminology

No abstract provided.


Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld Jan 2006

Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld

Journal of Criminal Law and Criminology

No abstract provided.


Fundamentally Conflicting Views Of The Rule Of Law In China And The West & (And) Implications For Commercial Disputes, Benedict Sheehy Jan 2006

Fundamentally Conflicting Views Of The Rule Of Law In China And The West & (And) Implications For Commercial Disputes, Benedict Sheehy

Northwestern Journal of International Law & Business

This paper is an examination of the notions of law, the Rule of Law, and commercial practice in the West and China. The paper outlines the basic philosophical principles and legal concomitants of the Rule of Law, and the corollary Chinese principles and concomitants. It examines the traditions, differences, and similarities in thinking about the issues in each tradition. It then examines the implications of these differences in commercial dispute resolution. After this discussion of traditions, similarities, and differences and their impact on commercial dispute resolution, the paper turns to address how the discrepancies could be dealt with in the …


Challenges To The Effective Implementation Of Competition Policy In Regulated Sectors: The Case Of Telecommunications In Mexico Symposium On Competition Law And Policy In Developing Countries , Oliver Solano, Rafael Del Villar, Rodrigo Garcia-Verdu Jan 2006

Challenges To The Effective Implementation Of Competition Policy In Regulated Sectors: The Case Of Telecommunications In Mexico Symposium On Competition Law And Policy In Developing Countries , Oliver Solano, Rafael Del Villar, Rodrigo Garcia-Verdu

Northwestern Journal of International Law & Business

This article reviews Mexico's competition law and policy, with particular emphasis on the challenges that the Federal Competition Commission ("CFC") has faced in implementing an effective competition policy. Some of the difficulties analyzed are the loopholes in the current laws, the lack of cooperation between the CFC and other sectoral regulators, and the regulatory arbitrage by market participants. These challenges are then illustrated by the developments in the telecommunications sector. This sector is particularly interesting in the case of Mexico given the overwhelming power of the dominant firm and the overlapping and even conflicting mandates of the different government authorities …


The New Chapter 15 Of The Bankruptcy Code: A Step Toward Erosion Of National Sovereignty, John J. Chung Jan 2006

The New Chapter 15 Of The Bankruptcy Code: A Step Toward Erosion Of National Sovereignty, John J. Chung

Northwestern Journal of International Law & Business

If Chapter 15 and universalism offer uncertain benefits but certain harms, why have their principles gained such a following? One explanation is that Chapter 15 is part of today's growing trend to internationalize American law. Much like the inclination of some Supreme Court Justices to look to foreign law for guidance, it appears many bankruptcy scholars, judges, and practitioners have developed a taste for international trendiness. This article contends that the debate surrounding Chapter 15 in bankruptcy circles is a variation of the ongoing national debate regarding the citation of foreign law in Supreme Court opinions. This internationalism is a …


The Constitutional Right To Travel: Are Some Forms Of Transportation More Equal Than Others?, Timothy Baldwin Jan 2006

The Constitutional Right To Travel: Are Some Forms Of Transportation More Equal Than Others?, Timothy Baldwin

Northwestern Journal of Law & Social Policy

No abstract provided.


Relocating From The Distress Of Chicago Public Housing To The Difficulties Of The Private Market: How The Move Threatens To Push Families Away From Opportunity, Molly Thompson Jan 2006

Relocating From The Distress Of Chicago Public Housing To The Difficulties Of The Private Market: How The Move Threatens To Push Families Away From Opportunity, Molly Thompson

Northwestern Journal of Law & Social Policy

No abstract provided.


Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White Jan 2006

Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White

Northwestern Journal of Law & Social Policy

No abstract provided.


Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen Jan 2006

Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn Jan 2006

A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson Jan 2006

"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag Jan 2006

Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner Jan 2006

Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Trademark Dilution In Japan, Kenneth L. Port Jan 2006

Trademark Dilution In Japan, Kenneth L. Port

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman Jan 2006

Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A New Economics Of Trademarks, David W. Barnes Jan 2006

A New Economics Of Trademarks, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and are designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.

This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to …


Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range Jan 2006

Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy Jan 2006

Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev Jan 2006

A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev

Northwestern Journal of Technology and Intellectual Property

No abstract provided.