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Articles 1 - 30 of 446
Full-Text Articles in Law
Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross
Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross
American University Law Review
No abstract provided.
Public Interest Analysis Of The Us Tpp Proposal For An Ip Chapter, Sean Flynn, Margot E. Kaminski, Brook K. Baker, Jimmy H. Koo
Public Interest Analysis Of The Us Tpp Proposal For An Ip Chapter, Sean Flynn, Margot E. Kaminski, Brook K. Baker, Jimmy H. Koo
Joint PIJIP/TLS Research Paper Series
This briefing paper provides preliminary analysis of two leaked U.S. proposals for an intellectual property chapter in the Trans Pacific Partnership (TPP) agreement. The U.S. proposal, if adopted, would create the highest intellectual property protection and enforcement standards in any free trade agreement to date. Its provisions are primarily based on, and frequently go beyond, the maximalist and controversial standards of the Korea-US Free Trade Agreement (KORUS), the Anti-Counterfeiting Trade Agreement (ACTA) and US law, while negating the development-oriented flexibilities required by the 2007 New Trade Deal for developing countries and included in the US-Peru Free Trade Agreement. If adopted, …
No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista
No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista
American University Law Review
There currently exists no uniform method for filling vacancies in the United States Senate, leaving the states to create and implement their own vacancy-filling procedures. As a result of recent problems under this system, such as ex-Governor Rod Blagojevich’s notorious scandal in Illinois, some in Congress have suggested a standardized method for filling Senate vacancies. However, an apparent constitutional conflict between the Elections Clause and the Seventeenth Amendment’s vacancy-filling clause presents the question of whether such standardization could be accomplished with federal legislation, or whether it would require amending the Constitution. Applying the textual, structural, and historical approaches of constitutional …
Funeral Protests, Privacy, And The Constitution: What Is Next After Phelps?, Mark Strasser
Funeral Protests, Privacy, And The Constitution: What Is Next After Phelps?, Mark Strasser
American University Law Review
In Snyder v. Phelps, the United States Supreme Court struck down a damages award against Reverend Fred Phelps Sr. and the Westboro Baptist Church for picketing a military funeral. Although the Court asserted that its holding was narrow and the legal issues involved were straightforward, this Article argues that Phelps ultimately raises more questions than it answers and almost guarantees increased confusion in First Amendment jurisprudence. The Court in Phelps explained that the First Amendment prohibits tort damages when the comments at issue involve matters of public concern, yet failed to explain whether private speech that was juxtaposed with public, …
Why Full Open Access Matters, Michael Carroll
Why Full Open Access Matters, Michael Carroll
Articles in Law Reviews & Other Academic Journals
This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.
Why Full Open Access Matters, Michael W. Carroll
Why Full Open Access Matters, Michael W. Carroll
Joint PIJIP/TLS Research Paper Series
This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.
Realizing The Human Right To Water In Tanzania, Leticia K. Nkonya
Realizing The Human Right To Water In Tanzania, Leticia K. Nkonya
Human Rights Brief
No abstract provided.
Book Review: Pregnant Pause: An International Legal Analysis Of Maternity Discrimination, Candace S. Kovacic-Fleischer
Book Review: Pregnant Pause: An International Legal Analysis Of Maternity Discrimination, Candace S. Kovacic-Fleischer
Book Reviews
Professor Kovacic-Fleischer reviewed Pregnant Pause, which collects legal documents relating to workplace discrimination with emphasis on maternity and paternity leave issues. The book suggests that the United States should provide paid maternity leave as most countries do and paternity leave as some countries do. No country provides women and men with equal amounts of paid family leave. Pregnant Pause explains that without maternity leave, women may lose jobs when they have a baby and/or may pay an economic “child penalty.” Pregnant Pause notes that depending on how much or little leave and pay is allocated to men, parental leave policies …
Teaching Rule Synthesis With Real Cases, Paul Figley
Teaching Rule Synthesis With Real Cases, Paul Figley
Articles in Law Reviews & Other Academic Journals
Rule synthesis is the process of integrating a rule or principle from several cases. It is a skill attorneys and judges use on a daily basis to formulate effective arguments, develop jurisprudence, and anticipate future problems. Teaching new law students how to synthesize rules is a critical component in training them to think like lawyers. This article suggests how rule synthesis might be taught in one classroom session using real cases. It advocates a three-part approach. First, explain the nature of rule synthesis to the students. Second, do a whimsical exercise with them to show how rule synthesis works. Finally, …
Acta And Access To Medicines, Sean Flynn, Bijan Madhani
Acta And Access To Medicines, Sean Flynn, Bijan Madhani
Joint PIJIP/TLS Research Paper Series
The Greens/EFA Internet Core Group in the European Parliament, and a collection of its individual members, commissioned this analysis of potential impacts of the Anti-Counterfeiting Trade Agreement (ACTA) on access to medicines in developing countries.” On the whole, ACTA negotiators created an agreement that shifts international “hard law” rules and “soft law” encouragements toward making enforcement of intellectual property rights in courts, at borders, by the government and by private parties easier, less costly, and more “deterrent” in the level of penalties. In doing so, it increases the risks and consequences of wrongful searches, seizures, lawsuits and other enforcement actions …
Out Of The Strike Zone: Why Graham V. Florida Makes It Unconstitutional To Use Juvenile-Age Convictions As Strikes To Mandate Life Without Parole Under § 841(B)(1)(A), Christopher J. Walsh
Out Of The Strike Zone: Why Graham V. Florida Makes It Unconstitutional To Use Juvenile-Age Convictions As Strikes To Mandate Life Without Parole Under § 841(B)(1)(A), Christopher J. Walsh
American University Law Review
No abstract provided.
Putting The "Convenience" Back In Forum Non Conveniens: Gonzalez V. Advanced Medical Optics, Inc., Lindsay Cronin
Putting The "Convenience" Back In Forum Non Conveniens: Gonzalez V. Advanced Medical Optics, Inc., Lindsay Cronin
American University Law Review
No abstract provided.
Providing Environmental Whistleblowers With Twenty-First Century Protections, Richard Condit
Providing Environmental Whistleblowers With Twenty-First Century Protections, Richard Condit
Labor & Employment Law Forum
This article examines the strengths and weaknesses of the employee protection provisions contained in the major federal environmental statutes and makes recommendations for needed improvements. With these improvements, the United States can realize the benefits that well-protected employees can contribute to public health and environmental protection.
Whistleblower Law 101: Facing Food Industry Retaliation, Hon. Luis Corchado, Tom Devine, Thad Guyer, Jason Zuckerman
Whistleblower Law 101: Facing Food Industry Retaliation, Hon. Luis Corchado, Tom Devine, Thad Guyer, Jason Zuckerman
Labor & Employment Law Forum
This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=f68cdf9c-6bab-4202-b009-26b50bf563bf. The event was co-sponsored by the Washington College of Law and the Government Accountability Project.
The Criminalization Of Whistleblowing, Jesselyn Radack, Kathleen Mcclellan
The Criminalization Of Whistleblowing, Jesselyn Radack, Kathleen Mcclellan
Labor & Employment Law Forum
No abstract provided.
Bounty Hunters And Whistleblowers: Constitutional Concerns For False Claims Actions After Passage Of The Patient Protection And Affordable Health Care Act Of 2010, A.G. Harmon
Labor & Employment Law Forum
No abstract provided.
Employee Rights And The Food Safety Modernization Act: Opening Keynote, William Marler
Employee Rights And The Food Safety Modernization Act: Opening Keynote, William Marler
Labor & Employment Law Forum
This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=49b34600-ffa6-412c-a0da-e61e47d040f. The event was co-sponsored by the Washington College of Law and The Government Accountability Project.
Unsolicited Internal Complaints: The False Sense Of Protection Against Anti-Retaliation Provided By Section 510 Of Erisa, Tiffany Peterson
Unsolicited Internal Complaints: The False Sense Of Protection Against Anti-Retaliation Provided By Section 510 Of Erisa, Tiffany Peterson
Labor & Employment Law Forum
No abstract provided.
Employee Rights And The Food Safety Modernization Act: Luncheon Keynote, Hon. Paul Igasaki
Employee Rights And The Food Safety Modernization Act: Luncheon Keynote, Hon. Paul Igasaki
Labor & Employment Law Forum
This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=136d32f0-d0a8-4bd1-9630-da0f48041e3b. The event was co-sponsored by the Washington College of Law and The Government Accountability Project.
Disrobing Judicial Campaign Contributions: A Case For Using The Buckley Framework To Analyze The Constitutionality Of Judicial Solicitation Bans, Aimee Ghosh
American University Law Review
No abstract provided.
Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Articles in Law Reviews & Other Academic Journals
When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …
From 'Barbarity' To Regularity: A Case Study Of 'Unnecesarean' Malpractice Claims, Jamie Abrams
From 'Barbarity' To Regularity: A Case Study Of 'Unnecesarean' Malpractice Claims, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This paper is a case study from “barbarity” to “regularity” examining comparatively the first ever “unnecesarean” lawsuit arising out of an 1858 cesarean section malpractice case next to a modern forced cesarean section malpractice suit. It positions the modern “unnecessarean” epidemic, in which 30% of births today are by cesarean section, in a historical medical malpractice context. This case study primarily examines a controversial 1858 lawsuit arising out of the first documented cesarean section performed by the revered Dr. Elias Cooper in California. The surgery left Mary Hodges’s bladder, womb, and intestines permanently fused together and left her permanently disfigured. …
Padilla V. Kentucky: A New Chapter In Supreme Court Jurisprudence On Whether Deportation Constitutes Punishment For Lawful Permanent Residents?, Anita Maddali
American University Law Review
No abstract provided.
How Myth-Busting About The Historical Goals Of Civil Rights Activism Can Illuminate Paths For The Future, Susan Carle
How Myth-Busting About The Historical Goals Of Civil Rights Activism Can Illuminate Paths For The Future, Susan Carle
Articles in Law Reviews & Other Academic Journals
This article considers four myths about the history of civil rights activism, taht have tended to cloud assessments about current current civil rights law and its potential future directions. I argue that correcting those myths can help illunundile promising paths for the future. In each instance, alternative historical narrative routes for further development of core principles of civil rights law, including further theoretical and practical work to pursue long-standing concepts of structural discrimination, the promise of experimentalist approaches to regulation and enforcement, increased interdisciplinary colaboration between law and other social science fields, and more focus on matters of economic inequality …
Basel's Gone Cold On Cocos, But Is This A Blessing In Disguise For Banks?, Hilary Allen
Basel's Gone Cold On Cocos, But Is This A Blessing In Disguise For Banks?, Hilary Allen
Articles in Law Reviews & Other Academic Journals
The last few months have seen a dramatic fall in the value of bank stocks both in Europe and the U.S., bringingback unpleasant memories of the depths of the financial crisis in 2008. Concerns about the sovereign debt crisisin Europe, continuing litigation relating to the American subprime mortgage crisis, and the generally poor stateof the world economy have increasingly put banks under pressure. However, some commentators have pointedout the “silver lining” in all of this: the big American and European banks are better capitalized than they wereduring the financial crisis, and therefore are better able to absorb these shocks and …
Grutter V. Bollinger 123 S. Ct. 2325 (2003), Soraya Fata, Amy Schumacher
Grutter V. Bollinger 123 S. Ct. 2325 (2003), Soraya Fata, Amy Schumacher
American University Journal of Gender, Social Policy & the Law
No abstract provided.
In Re: Adoption Of A Minor Child Circuit Court Of The 15th Judicial Circuit Palm Beach County, Florida, Jennafer Neufeld, Dalia Georgi
In Re: Adoption Of A Minor Child Circuit Court Of The 15th Judicial Circuit Palm Beach County, Florida, Jennafer Neufeld, Dalia Georgi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Driving Into Unreasonableness: The Driveway, The Curtilage, And Reasonable Expectations Of Privacy, Vanessa Rownaghi
Driving Into Unreasonableness: The Driveway, The Curtilage, And Reasonable Expectations Of Privacy, Vanessa Rownaghi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Carter's Groundbreaking Appointment Of Women To The Federal Bench: His Other "Human Rights" Record, Mary L. Clark
Carter's Groundbreaking Appointment Of Women To The Federal Bench: His Other "Human Rights" Record, Mary L. Clark
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Welfare Reform In Mississippi: Tanf Policy And Its Implications, Pearson Lidell Jr., Steve Watson, William D. Eshee Jr.
Welfare Reform In Mississippi: Tanf Policy And Its Implications, Pearson Lidell Jr., Steve Watson, William D. Eshee Jr.
American University Journal of Gender, Social Policy & the Law
No abstract provided.