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Articles 6121 - 6150 of 8734

Full-Text Articles in Law

Legal Obstacles To Private Ordering In Marine Fisheries, Jonathan H. Adler Jan 2002

Legal Obstacles To Private Ordering In Marine Fisheries, Jonathan H. Adler

Faculty Publications

Part II of this Article surveys the challenges of marine conservation, the failures of existing regulatory regimes, and the potential for property rights in marine resources. Part III discusses the nature of private ordering, providing examples that arise from the fisheries context. Part IV discusses how legal rules can inhibit private ordering. That section focuses in particular on how antitrust law has impeded cooperative fishery management. Part V then explores possibilities for overcoming antitrust obstacles to private ordering. This Article concludes with some broader thoughts about the implications of this research for resource conservation.

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The New Politics Of Sentencing, Michael M. O'Hear Jan 2002

The New Politics Of Sentencing, Michael M. O'Hear

Faculty Publications

No abstract provided.

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When Voters Choose The Sentence: The Drug Policy Initiatives In Arizona, California, Ohio, And Michigan, Michael M. O'Hear Jan 2002

When Voters Choose The Sentence: The Drug Policy Initiatives In Arizona, California, Ohio, And Michigan, Michael M. O'Hear

Faculty Publications

No abstract provided.

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The Virtues Of Corporate And Professional Guardians, Alison Barnes Jan 2002

The Virtues Of Corporate And Professional Guardians, Alison Barnes

Faculty Publications

No abstract provided.

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When Does Organized Protest Activity Violate The Racketeer Influenced And Corrupt Organizations Act?, Ralph C. Anzivino Jan 2002

When Does Organized Protest Activity Violate The Racketeer Influenced And Corrupt Organizations Act?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

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Can The Disparate Impact Method Of Proving Discrimination Establish An Adea Violation?, Jay E. Grenig Jan 2002

Can The Disparate Impact Method Of Proving Discrimination Establish An Adea Violation?, Jay E. Grenig

Faculty Publications

No abstract provided.

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When Can A State Agency Use A Child's Social Security Benefits To Pay For Foster Care Expenses?, Jay E. Grenig Jan 2002

When Can A State Agency Use A Child's Social Security Benefits To Pay For Foster Care Expenses?, Jay E. Grenig

Faculty Publications

No abstract provided.

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The Civil Docket: From Civil Rights To Social Security, Jay E. Grenig Jan 2002

The Civil Docket: From Civil Rights To Social Security, Jay E. Grenig

Faculty Publications

No abstract provided.

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When Can The Nlrb Sanction An Employer For Filing A Losing Retaliatory Lawsuit?, Jay E. Grenig Jan 2002

When Can The Nlrb Sanction An Employer For Filing A Losing Retaliatory Lawsuit?, Jay E. Grenig

Faculty Publications

No abstract provided.

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When Should A Court Rather Than An Arbitrator Decide Whether A Claim Is Arbitrable?, Jay E. Grenig Jan 2002

When Should A Court Rather Than An Arbitrator Decide Whether A Claim Is Arbitrable?, Jay E. Grenig

Faculty Publications

No abstract provided.

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Can An Employer Reject An Applicant Because The Workplace Would Threaten His Health?, Ralph C. Anzivino Jan 2002

Can An Employer Reject An Applicant Because The Workplace Would Threaten His Health?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

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Religious Premises, Legislative Judgments, And The Establishment Clause, Scott C. Idleman Jan 2002

Religious Premises, Legislative Judgments, And The Establishment Clause, Scott C. Idleman

Faculty Publications

This article addresses the constitutionality under the First Amendment Establishment Clause of the legislative use of religious premises - particularly religious moral premises--in the formulation of regulatory and criminal statutes. Although much scholarly writing has been devoted to analyzing the philosophical acceptability of such legislative reliance, very little has been written specifically addressing the issue under the Establishment Clause, which is, of course, a question of great potential significance to actual or prospective litigants, to legislators and legislative drafters, and ultimately to judges. The analysis consists of three perspectives: the tests or doctrines of the Establishment Clause, the special role …

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A Cart That Accommodates: Using Case Law To Understand The Ada, Sports, And Casey Martin, Paul M. Anderson Jan 2002

A Cart That Accommodates: Using Case Law To Understand The Ada, Sports, And Casey Martin, Paul M. Anderson

Faculty Publications

No abstract provided.

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An Overview Of Canadian Privacy Law For Pharmaceutical And Device Manufacturers Operating In Canada, Erika Lietzan, John K. Fuson Jan 2002

An Overview Of Canadian Privacy Law For Pharmaceutical And Device Manufacturers Operating In Canada, Erika Lietzan, John K. Fuson

Faculty Publications

On April 13, 2000, the Canadian Parliament enacted by Royal Assent the Personal Information Protection and Electronic Documents Act (PIPEDA). The Act requires private organizations to comply with a code of “fair information practice,” which mandates individual consent for the collection, use, and disclosure of personal information. PIPEDA complements the Federal Privacy Act, which places similar obligations on government institutions. On January 1, 2002, the Act began to apply to personal information (including personal health information) collected, used, or disclosed by a federal work, undertaking, or business, and personal information (including personal health information) disclosed by any organization for consideration …

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Ending A Mud Bowl: Defining Arbitration’S Finality Through Functional Analysis, Amy J. Schmitz Jan 2002

Ending A Mud Bowl: Defining Arbitration’S Finality Through Functional Analysis, Amy J. Schmitz

Faculty Publications

The Federal Arbitration Act (FAA) and Uniform Arbitration Act (UAA), on the state level, prescribe a nearly identical procedural and remedial scheme for promoting independent, self-contained arbitration. To that end, both acts curtail courts' review of arbitration awards, by limiting the grounds for vacating awards to those aimed at ensuring only basic procedural fairness. Nonetheless, seemingly "pro-arbitration" impulses have driven some courts' eager application, or misapplication, of the FAA/UAA statutory scheme to enforce dispute resolution agreements that reject the acts' limited review prescriptions. This Article tackles this arguable abuse of the FAA/UAA scheme, by proposing a functional analysis for defining …

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Brandenburg And The United States War On Incitement Abroad: Defending A Double Standard, Lyrissa Lidsky Jan 2002

Brandenburg And The United States War On Incitement Abroad: Defending A Double Standard, Lyrissa Lidsky

Faculty Publications

While it is perfectly legitimate for the United States to attempt to persuade foreign citizens and media not to engage in advocacy of violent acts, the administration's rhetoric suggests that the United States expects foreign governments to take action against speech that would be protected by the First Amendment in the United States. What explains this apparent hypocrisy? Is this simply another example of the United States touting democracy at home while supporting despotism abroad? Or is the Brandenburg incitement standard so socially and culturally contingent that it is not appropriate for export, at least to the Arab Middle East? …

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Statement Before The United States House Of Representatives Concerning Charitable Choice And The Community Solutions Act , Carl H. Esbeck Jan 2002

Statement Before The United States House Of Representatives Concerning Charitable Choice And The Community Solutions Act , Carl H. Esbeck

Faculty Publications

First, charitable choice imposes on both government and participating faith-based organizations (FBOs) the duty to not abridge certain enumerated rights of the ultimate beneficiaries of these welfare programs. Second, the statute imposes on government the duty to not intrude into the institutional autonomy of faith-based providers. Third, the statute reinforces the government's duty to not discriminate with respect to religion when determining the eligibility of private-sector providers to deliver social services.

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Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande Jan 2002

Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande

Faculty Publications

This article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining important interests of key stakeholder groups, including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their …

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Supreme Court Employment Law Cases 2001-02 Term, Rafael Gely Jan 2002

Supreme Court Employment Law Cases 2001-02 Term, Rafael Gely

Faculty Publications

I set two simple objectives for the article. First, the article will summarize each of the cases. My intent is to provide those unfamiliar with the cases a brief review of the facts and a summary of the Court's reasoning. Parts II through VI provide this discussion, grouping the cases by subject area. Second, in Part VII, the article provides a "big picture" analysis of the various cases. My intent is to identify trends, issues, interesting aspects and features of the Court's term. My objective is to aid in our understanding of the patterns that might affect the Court's treatment …

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Picking Up The Pieces After Alexander V. Sandoval? Resurrecting A Private Cause Of Action For Disparate Impact, Derek W. Black Jan 2002

Picking Up The Pieces After Alexander V. Sandoval? Resurrecting A Private Cause Of Action For Disparate Impact, Derek W. Black

Faculty Publications

The Supreme Court in Alexander v. Sandoval limited plaintiffs' ability to challenge racially inequality and discrimination through lawsuits. The Court held that plaintiffs could no longer bring private causes of action for racially disparate impact under federal regulations. This article analyzes that holding and its detrimental impact on minority communities. The article proposes alternative theories under which plaintiffs' can continue to bring their claims and minimize the impact of the Court's holding.

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Criminal Speech And The First Amendment, Benjamin Means Jan 2002

Criminal Speech And The First Amendment, Benjamin Means

Faculty Publications

No abstract provided.

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The Emerging Role Of Ethics Advisors, General Counsel, And Other Compliance Specialists In Large Law Firms, Elizabeth Chambliss, David B. Wilkins Jan 2002

The Emerging Role Of Ethics Advisors, General Counsel, And Other Compliance Specialists In Large Law Firms, Elizabeth Chambliss, David B. Wilkins

Faculty Publications

No abstract provided.

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Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino Jan 2002

Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

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The Effect Of Bankruptcy Upon A Firm Using Patents And Trademarks As Collateral, Lois R. Lupica Jan 2002

The Effect Of Bankruptcy Upon A Firm Using Patents And Trademarks As Collateral, Lois R. Lupica

Faculty Publications

The Bankruptcy Code sets forth an orderly process for the distribution of a debtor-in-bankruptcy's assets. This process has the effect of altering many of the procedural and substantive rights and obligations of the debtor, as well as of the debtor's creditors. Parties asserting a property interest in assets of a debtor in bankruptcy, however, must rely on nonbankruptcy law to determine the nature and extent of their property interests. The most commonly asserted interest by creditors involved in a bankruptcy are security interests.

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Introduction: The Virtues And Vices Of Skeptical Environmentalism, Jonathan H. Adler, Andrew P. Morriss Jan 2002

Introduction: The Virtues And Vices Of Skeptical Environmentalism, Jonathan H. Adler, Andrew P. Morriss

Faculty Publications

Introduction to the symposium on Bjorn Lomborg's "The Skeptical Environmentalist" Cleveland, Ohio, 2002.

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The International Trial Of Slobodan Milosevic: Real Justice Or Real Politik?, Michael P. Scharf Jan 2002

The International Trial Of Slobodan Milosevic: Real Justice Or Real Politik?, Michael P. Scharf

Faculty Publications

There were disquieting echoes of Nuremberg at the arraignment of Slobodan Milosevic in The Hague on July 3, 2001.

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Reflections On Editing A Journal For Law Teachers, Erik M. Jensen Jan 2002

Reflections On Editing A Journal For Law Teachers, Erik M. Jensen

Faculty Publications

One should hesitate to draw grand conclusions based on personal experience, but I won't. What I'll do in this essay is discuss some of the decidedly unscientific lessons about American legal education, or at least about the scholarship dealing with American legal education, that I've drawn from my editorial experience: About American legal education's provincialism, about the limited interest in writing on pedagogical subjects, about quality of writing, and about the politicization of the legal academy.

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In Memoriam — Howard B. Eisenberg, Craig Allen Nard Jan 2002

In Memoriam — Howard B. Eisenberg, Craig Allen Nard

Faculty Publications

This is a tribute to Howard B. Eisenberg.

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Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard Jan 2002

Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard

Faculty Publications

This article explores the role of secondary authority in patent law jurisprudence. I reviewed every Federal Circuit published opinion from 1982 (the year of the court's creation) to 2000. I discuss the results of my empirical research and explore why scholarship has a place in the Federal Circuit's patent law jurisprudence. I ultimately urge the court to be cautiously more receptive to secondary authority when deciding patent cases.

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Lawyers And Trust In Business Alliances, George W. Dent Jan 2002

Lawyers And Trust In Business Alliances, George W. Dent

Faculty Publications

This Article attempts a first step in filling the gap in the legal literature about lawyers and strategic business alliances. Part I describes the distinctive nature of strategic alliances. Part II discusses why strategic alliances pose unique problems for lawyers. Part III considers how lawyers' negotiation tactics can enhance rather than erode trust between the parties in alliances. Part IV suggests how lawyers can draft substantive contract terms that foster trust and cooperation in alliances. Part V explores how law schools and continuing legal education can train lawyers to perform better not only in strategic business alliances but in all …

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