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Northwestern Pritzker School of Law

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Articles 1351 - 1380 of 8932

Full-Text Articles in Law

Child Witnesses And The Confrontation Clause, Thomas D. Lyon, Julia A. Dente Jan 2012

Child Witnesses And The Confrontation Clause, Thomas D. Lyon, Julia A. Dente

Journal of Criminal Law and Criminology

No abstract provided.


Two Models Of The Prison: Accidental Humanity And Hypermasculinity In The L.A. County Jail, Sharon Dolovich Jan 2012

Two Models Of The Prison: Accidental Humanity And Hypermasculinity In The L.A. County Jail, Sharon Dolovich

Journal of Criminal Law and Criminology

No abstract provided.


Prosecutorial Discretion, Hidden Costs, And The Death Penalty: The Case Of Los Angeles County, Nicholas Petersen, Mona Lynch Jan 2012

Prosecutorial Discretion, Hidden Costs, And The Death Penalty: The Case Of Los Angeles County, Nicholas Petersen, Mona Lynch

Journal of Criminal Law and Criminology

No abstract provided.


Prosecutorial Training Wheels: Ginsburg's Connick V. Thompson Dissent And The Training Imperative, Timothy Fry Jan 2012

Prosecutorial Training Wheels: Ginsburg's Connick V. Thompson Dissent And The Training Imperative, Timothy Fry

Journal of Criminal Law and Criminology

No abstract provided.


"Somebody Help Me Understand This": The Supreme Court's Interpretation Of Prosecutorial Immunity And Liability Under § 1983, Kate Mcclelland Jan 2012

"Somebody Help Me Understand This": The Supreme Court's Interpretation Of Prosecutorial Immunity And Liability Under § 1983, Kate Mcclelland

Journal of Criminal Law and Criminology

No abstract provided.


The Scorecard So Far: Emerging Issues In Cross-Border Insolvencies Under Chapter 15 Of The U.S. Bankruptcy Code, Megan R. O'Flynn Jan 2012

The Scorecard So Far: Emerging Issues In Cross-Border Insolvencies Under Chapter 15 Of The U.S. Bankruptcy Code, Megan R. O'Flynn

Northwestern Journal of International Law & Business

Chapter 15 of the U.S. Bankruptcy Code was modeled after the Model Law on Cross-Border Insolvency, drafted by the United Nations Commission on International Trade and Law (UNCITRAL) in 1997. Despite the relatively small number of cases commenced in U.S. Courts under Chapter 15 since its adoption, no other section of the current Bankruptcy Code has broader implications for international business transactions and global foreign business relations than the provisions of Chapter 15. Moreover, since the United States has long been an innovator at the forefront of international insolvency law, interpretation of key provisions of the Chapter and related UNCITRAL …


Chuaigh Ár Lá – Debt Of A Gaelsman: Ireland’S Sovereign Debt Crisis, National And International Responses, James Croke Jan 2012

Chuaigh Ár Lá – Debt Of A Gaelsman: Ireland’S Sovereign Debt Crisis, National And International Responses, James Croke

Northwestern Journal of International Law & Business

How did a small island nation on the periphery of Europe go from the pauper of the European Union, to a paragon of a market economy, and back to fiscal ruin within the space of twenty years? Ireland was the poorest nation in the European Economic Community (EEC) in 1988. In the late 1980’s and early 1990’s it undertook structural reforms to fundamentally reshape its economy, the result was a booming economy throughout the mid-to-late 1990’s and early 2000’s, primarily fueled by exports and foreign direct investment. Rather than continue on a sustained, but slower, growth path in the 2000’s, …


A Bright Idea: A Bright-Line Test For Extraterritoriality In F-Cubed Securities Fraud Private Causes Of Action, Jennifer Mitchell Coupland Jan 2012

A Bright Idea: A Bright-Line Test For Extraterritoriality In F-Cubed Securities Fraud Private Causes Of Action, Jennifer Mitchell Coupland

Northwestern Journal of International Law & Business

Whether a foreign or American claimant has a private right of action in so-called ―Foreign-Cubed‖ or ―Foreign-Squared‖ claims under Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Securities and Exchange Commission (SEC) Rule 10b-5 has been the subject of much debate among U.S. courts, Congress, and the international community. Historically, these cases have been heard in the United States if the conduct had a substantial effect in the United States or on U.S. citizens (the effects test), or if the fraudulent or wrongful conduct occurred in the United States (the conduct test). However, in June 2010, …


Culpa In Contrahendo In European Private International Law: Another Look At Article 12 Of The Rome Ii Regulation, Najib Hage-Chahine Jan 2012

Culpa In Contrahendo In European Private International Law: Another Look At Article 12 Of The Rome Ii Regulation, Najib Hage-Chahine

Northwestern Journal of International Law & Business

Precontractual liability is liability that arises out of a harmful conduct that occurs during the formation period of a contract. Where the harmful conduct occurs during international negotiations, a conflict of laws issue arises. The determination of the applicable law to precontractual liability can be a complex and tedious task, which is why the European Legislature has provided a special conflict-of-law rule in Article 12 of the Rome II Regulation on the applicable law to non-contractual obligations. Through this provision, the European Legislature aims to achieve uniformity between EU Member States, while providing an appropriate conflicts rule. The present essay …


Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum Dec 2011

Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum

NULR Online

No abstract provided.


Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett Dec 2011

Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett

NULR Online

No abstract provided.


Barclays V. Thefly: Protecting Online News Aggregators From The Hot News Doctrine, Rayiner Hashem Nov 2011

Barclays V. Thefly: Protecting Online News Aggregators From The Hot News Doctrine, Rayiner Hashem

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Why Brand Pharmaceutical Companies Choose To Pay Generics In Settling Patent Disputes: A Systematic Evaluation Of Asymmetric Risks In Litigation, Xiang Yu, Anjan Chatterji Nov 2011

Why Brand Pharmaceutical Companies Choose To Pay Generics In Settling Patent Disputes: A Systematic Evaluation Of Asymmetric Risks In Litigation, Xiang Yu, Anjan Chatterji

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Property Rights To Information, Jamie Lund Sep 2011

Property Rights To Information, Jamie Lund

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Putting A Lid On Online Dumpster-Diving: Why The Fair And Accurate Credit Transactions Act Should Be Amended To Include E-Mail Receipts, Jason Fitterer Sep 2011

Putting A Lid On Online Dumpster-Diving: Why The Fair And Accurate Credit Transactions Act Should Be Amended To Include E-Mail Receipts, Jason Fitterer

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Congestible Intellectual Property And Impure Public Goods, David W. Barnes Sep 2011

Congestible Intellectual Property And Impure Public Goods, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Gone But Not Forgotten: When Privacy, Policy And Privilege Collide, Louise L. Hill Sep 2011

Gone But Not Forgotten: When Privacy, Policy And Privilege Collide, Louise L. Hill

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


An Antitrust Framework For Climate Change, Michael A. Carrier Sep 2011

An Antitrust Framework For Climate Change, Michael A. Carrier

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Our Generation’S Sputnik Moment: Comparing The United States’ Green Technology Pilot Program To Green Patent Programs Abroad, Kate Nuehring Sep 2011

Our Generation’S Sputnik Moment: Comparing The United States’ Green Technology Pilot Program To Green Patent Programs Abroad, Kate Nuehring

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


State Law Holocaust-Era Art Claims And Federal Executive Power, Jennifer Anglim Kreder May 2011

State Law Holocaust-Era Art Claims And Federal Executive Power, Jennifer Anglim Kreder

NULR Online

No abstract provided.


“I’M Litigatin’ It”: Infringement, Dilution, And Parody Under The Lanham Act, Patrick Emerson May 2011

“I’M Litigatin’ It”: Infringement, Dilution, And Parody Under The Lanham Act, Patrick Emerson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


P2p File-Sharing And The Making Available War, Diana Sterk May 2011

P2p File-Sharing And The Making Available War, Diana Sterk

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Strategies For Trade Secrets Protection In China, J. Benjamin Bai, Guoping Da May 2011

Strategies For Trade Secrets Protection In China, J. Benjamin Bai, Guoping Da

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Role Of Dna Patents In Genetic Test Innovation And Access, Andrew S. Robertson May 2011

The Role Of Dna Patents In Genetic Test Innovation And Access, Andrew S. Robertson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Timing The Choice Of Law By Contract, Dolly Wu May 2011

Timing The Choice Of Law By Contract, Dolly Wu

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Cardiac Pacemakers V. St. Jude Medical: The Federal Circuit Correctly Reins In The Reach Of U.S. Patent Law, Eric Hamp May 2011

Cardiac Pacemakers V. St. Jude Medical: The Federal Circuit Correctly Reins In The Reach Of U.S. Patent Law, Eric Hamp

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Prometheus Laboratories V. Mayo Clinic’S Gift To The Biotech Industry: A Study Of Patent-Eligibility Of Medical Treatment And Diagnostic Methods After Bilski, Dan Hoang May 2011

Prometheus Laboratories V. Mayo Clinic’S Gift To The Biotech Industry: A Study Of Patent-Eligibility Of Medical Treatment And Diagnostic Methods After Bilski, Dan Hoang

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Can Popular Constitutionalism Survive The Tea Party Movement?, Jared A. Goldstein Apr 2011

Can Popular Constitutionalism Survive The Tea Party Movement?, Jared A. Goldstein

NULR Online

The sudden emergence and prominence of the Tea Party movement raises important questions about the role of the Constitution in popular politics. More than any political movement in recent memory, the Tea Party movement is centrally focused on the meaning of the Constitution. Tea Party supporters believe that the nation is facing a crisis because it has abandoned the Constitution, and they seek to restore the government to what they believe are its foundational principles.


Patent Marking Estoppel And The Patent Licensee, Scott D. Locke Apr 2011

Patent Marking Estoppel And The Patent Licensee, Scott D. Locke

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Tea Party, The Constitution, And The Repeal Amendment, Randy Barnett Apr 2011

The Tea Party, The Constitution, And The Repeal Amendment, Randy Barnett

NULR Online

No abstract provided.