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Articles 1 - 30 of 68

Full-Text Articles in Law

Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes Jan 2004

Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes

Journal of Criminal Law and Criminology

No abstract provided.


The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu Jan 2004

The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu

Journal of Criminal Law and Criminology

No abstract provided.


The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan Jan 2004

The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2004

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.


Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra Jan 2004

Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2004

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


No Means No: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew R. Lyon Jan 2004

No Means No: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew R. Lyon

Journal of Criminal Law and Criminology

No abstract provided.


Current Issues Of E.U. Competition Law: The New Competition Enforcement Regime, The Symposium On European Competition Law , Philip Lowe Jan 2004

Current Issues Of E.U. Competition Law: The New Competition Enforcement Regime, The Symposium On European Competition Law , Philip Lowe

Northwestern Journal of International Law & Business

On May 1, 2004, two major reforms of the EC competition enforcement regime are expected to enter into force: the modernization of antitrust enforcement, based on Regulation 1/2003,1 and the review of the European merger control system. In this contribution, I will outline the main principles underlying these reforms. In Part I, I will focus on the instruments the Commission intends to adopt early in 2004 in order to guarantee the efficient functioning of Regulation 1/2003, the so-called modernization package. Subsequently, in Part II, I will present the guiding principles of the future merger control in Europe, as they result …


Role Of Judicial Review In Merger Control, The Symposium On European Competition Law , Mark Clough Jan 2004

Role Of Judicial Review In Merger Control, The Symposium On European Competition Law , Mark Clough

Northwestern Journal of International Law & Business

This article explains the role of judicial review in European Community ("EC") Merger Control ("ECMR") by reference to the Airtours case and three other important recent judgments of the European Court of First Instance ("CFI") (Schneider, Tetra Laval and Lagardére), all decided in 2002. Article 230 of the EC Treaty, which governs actions for annulment of acts adopted by the EC Institutions "on the grounds of lack of competence, infringement of an essential procedural requirement, infringement of this [EC] Treaty or of any rule of law relating to its application, or misuse of powers," is considered only in the context …


Chronopost V. Ufex: The Paradoc Of The Competing Monopolist Symposium On European Competition Law , Alessandra Fratini, Andrea Carta Jan 2004

Chronopost V. Ufex: The Paradoc Of The Competing Monopolist Symposium On European Competition Law , Alessandra Fratini, Andrea Carta

Northwestern Journal of International Law & Business

On July 3, 2003, in the Chronopost judgment, the European Court of Justice ("ECJ" or "the Court") defined the conditions under which a public undertaking, enjoying a legal monopoly for the provision of services of general interest, can provide services to its subsidiaries without infringing Article 87(1) of the EC Treaty. The impact of this judgment on European Community ("EC") state aid policy and public services is potentially large, in both legal and practical terms. The ruling casts light on the real dilemma underlying the application of state aid rules to the circumstances of the case: how to allow public …


Injury Investigations In "Material Retardation" Antidumping Cases, Prakash Narayanan Jan 2004

Injury Investigations In "Material Retardation" Antidumping Cases, Prakash Narayanan

Northwestern Journal of International Law & Business

Despite the criticisms of economists to antidumping measures, they continue to be the most often used trade remedy measure. A new trend that may be observed is the use of the "material retardation" standard of injury to demonstrate injury to domestic industry that is one of the requirements for imposing antidumping duty. It is essential to be wary of this trend as unlike the other two types of injury, the WTO lacks specific guidelines for the use of this standard. The general rules in the Antidumping Agreement are unsuitable for the situations where the material retardation standard is relevant, and …


Test Of Multilateralism In International Trade: U.S. Steel Safeguards, Y.S. Lee Jan 2004

Test Of Multilateralism In International Trade: U.S. Steel Safeguards, Y.S. Lee

Northwestern Journal of International Law & Business

The highly publicized safeguard measures applied by the United States to an array of steel products in 2002 became one of the biggest and most controversial trade disputes in recent history. Virtually all major trading nations in the world, including the European Community, Japan , China , Brazil , Korea , New Zealand , Switzerland and Norway , were the direct parties to this dispute with the United States . The contentious legal grounds of the U.S. safeguard measures, as well as the lack of adequate consultations between the United States and its trading counterparts, have brought the international community …


Demystifying The Madrid Protocol, John M. Murphy Jan 2004

Demystifying The Madrid Protocol, John M. Murphy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Plus Ça Change. . . . How A French Court May Have Changed Internet Advertising Forever: Google France Fined For Selling Trademarked "Keywords", Brett August Jan 2004

Plus Ça Change. . . . How A French Court May Have Changed Internet Advertising Forever: Google France Fined For Selling Trademarked "Keywords", Brett August

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Use Of A Game Over: Emulation And The Video Game Industry, A White Paper, James Conley, Ed Andros, Priti Chinai, Elise Lipkowitz, David Perez Jan 2004

Use Of A Game Over: Emulation And The Video Game Industry, A White Paper, James Conley, Ed Andros, Priti Chinai, Elise Lipkowitz, David Perez

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Creating An Online Internet Tax: A Complex Construction?, Isaac J. Morris Jan 2004

Creating An Online Internet Tax: A Complex Construction?, Isaac J. Morris

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Actual Confusion In Trademark Infringement Litigation: Restraining Subjectivity Through A Factor-Based Approach To Valuing Evidence, Mark D. Robins Jan 2004

Actual Confusion In Trademark Infringement Litigation: Restraining Subjectivity Through A Factor-Based Approach To Valuing Evidence, Mark D. Robins

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark Jan 2004

Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson Jan 2004

How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen Jan 2004

Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


New Strategies For Owners Of Discontinued Brands, David S. Ruder Jan 2004

New Strategies For Owners Of Discontinued Brands, David S. Ruder

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


An Efficient Way To Improve Patent Quality For Plant Varieties, Katherine E. White Jan 2004

An Efficient Way To Improve Patent Quality For Plant Varieties, Katherine E. White

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen, M. Kristin Mace Jan 2004

The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen, M. Kristin Mace

Journal of Criminal Law and Criminology

No abstract provided.


The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas Jan 2004

The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas

Journal of Criminal Law and Criminology

No abstract provided.


Driver Race, Ethnicity, And Gender And Citizen Reports Of Vehicle Searches By Police And Vehicle Search Hits: Toward A Triangulated Scholarly Understanding, Richard J. Lundman Jan 2004

Driver Race, Ethnicity, And Gender And Citizen Reports Of Vehicle Searches By Police And Vehicle Search Hits: Toward A Triangulated Scholarly Understanding, Richard J. Lundman

Journal of Criminal Law and Criminology

No abstract provided.


Capital Punishment, Execution Publicity And Murder In Houston, Texas, Lisa Stolzenberg, Stewart J. D'Alessio Jan 2004

Capital Punishment, Execution Publicity And Murder In Houston, Texas, Lisa Stolzenberg, Stewart J. D'Alessio

Journal of Criminal Law and Criminology

No abstract provided.


Order Maintenance Reconsidered: Moving Beyond Strong Causal Reasoning, David Thacher Jan 2004

Order Maintenance Reconsidered: Moving Beyond Strong Causal Reasoning, David Thacher

Journal of Criminal Law and Criminology

No abstract provided.


U.S. Domestic Prosecution Of The American International Sex Tourist: Efforts To Protect Children From Sexual Exploitation, Sara K. Andrews Jan 2004

U.S. Domestic Prosecution Of The American International Sex Tourist: Efforts To Protect Children From Sexual Exploitation, Sara K. Andrews

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2004

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Unraveling Unlawful Entrapment, Anthony M. Dillof Jan 2004

Unraveling Unlawful Entrapment, Anthony M. Dillof

Journal of Criminal Law and Criminology

No abstract provided.