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Journal Articles

2005

Discipline
Institution
Keyword

Articles 1 - 30 of 166

Full-Text Articles in Law

Ethics In A Global Biopharmaceutical Environment, Michael J. Malinowski Dec 2005

Ethics In A Global Biopharmaceutical Environment, Michael J. Malinowski

Journal Articles

No abstract provided.


Comments On Luke Nottage's Paper, Meredith Kolsky Lewis Dec 2005

Comments On Luke Nottage's Paper, Meredith Kolsky Lewis

Journal Articles

No abstract provided.


Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler Oct 2005

Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler

Journal Articles

No abstract provided.


Correspondence: Testing Minimalism: A Reply, Cass R. Sunstein Oct 2005

Correspondence: Testing Minimalism: A Reply, Cass R. Sunstein

Journal Articles

No abstract provided.


Looking To Local Law: Can Local Ordinances Help Protect Isolated Wetlands?, Kim Diana Connolly May 2005

Looking To Local Law: Can Local Ordinances Help Protect Isolated Wetlands?, Kim Diana Connolly

Journal Articles

No abstract provided.


United States - Definitive Safeguard Measures On Imports Of Certain Steel Products, Alan O. Sykes, Gene M. Grossman Mar 2005

United States - Definitive Safeguard Measures On Imports Of Certain Steel Products, Alan O. Sykes, Gene M. Grossman

Journal Articles

No abstract provided.


European Communities - Conditions For The Granting Of Tariff Preferences To Developing Countries, Alan O. Sykes, Gene M. Grossman Mar 2005

European Communities - Conditions For The Granting Of Tariff Preferences To Developing Countries, Alan O. Sykes, Gene M. Grossman

Journal Articles

No abstract provided.


European Communities - Anti-Dumping Duties On Imports Of Cotton-Type Bed Linen From India - Recourse To Article 21.5 Of The Dsu By India Paper, Alan O. Sykes, Gene M. Grossman Mar 2005

European Communities - Anti-Dumping Duties On Imports Of Cotton-Type Bed Linen From India - Recourse To Article 21.5 Of The Dsu By India Paper, Alan O. Sykes, Gene M. Grossman

Journal Articles

No abstract provided.


Revealing Options, Lee Anne Fennell Mar 2005

Revealing Options, Lee Anne Fennell

Journal Articles

Legal scholars are beginning to explore how the options template, borrowed from finance, can be applied to legal problems outside the realm of finance. This Article uses the options framework to add a new, intermediate entitlement form to the property rule/liability rule schema pioneered by Guido Calabresi and Douglas Melamed. Building on a fascinating but underused literature on self-assessed valuation mechanisms, I propose an entitlement form that would require entitlement holders to create options for others (or for their future selves). These "entitlements subject to self-made options," or "ESSMOs," are capable of powerfully and elegantly addressing one of the ...


Out Of The Jungle, James G. Milles Feb 2005

Out Of The Jungle, James G. Milles

Journal Articles

No abstract provided.


Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner Feb 2005

Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner

Journal Articles

It is frequently argued that state constitutions ought to be interpreted using a methodology of constitutional positivism, a familiar and commonplace theory of interpretational legitimacy that requires courts to treat a constitution as an authoritative expression of the will of the people who made it. I argue, contrary to this view, that orthodox constitutional positivism is not a viable interpretational methodology for subnational constitutions in a federal system. Although constitutional positivism makes sense for national constitutions, which furnish the paradigm case, subnational constitutions pose important problems for the political theory upon which constitutional positivism relies. According to that theory, the ...


Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi Feb 2005

Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi

Journal Articles

In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the federal government, this new approach sees states as co-equals among themselves and between them and the federal government in a collective enterprise of democratic self-governance. This Symposium, organized around the theme of Dual Enforcement of Constitutional Norms, provides the occasion for leading scholars on state constitutional law to take a fresh look at their subject by adopting a vantage point outside of the individualized ...


Solving The Due Process Problem With Military Commissions, Nicholas Stephanopoulos Jan 2005

Solving The Due Process Problem With Military Commissions, Nicholas Stephanopoulos

Journal Articles

No abstract provided.


Stand By Your First Amendment Values - Not Your Ad, Nicholas Stephanopoulos Jan 2005

Stand By Your First Amendment Values - Not Your Ad, Nicholas Stephanopoulos

Journal Articles

No abstract provided.


Could Biobanking Be A Means To Include "Health Care Have-Nots" In The Genomics Revolution?, Michael J. Malinowski Jan 2005

Could Biobanking Be A Means To Include "Health Care Have-Nots" In The Genomics Revolution?, Michael J. Malinowski

Journal Articles

No abstract provided.


Foreword: Love It Or Leave It; An Examination Of The Need For And Structure Of A Class Action Rule In Mississippi, Deborah Challener Jan 2005

Foreword: Love It Or Leave It; An Examination Of The Need For And Structure Of A Class Action Rule In Mississippi, Deborah Challener

Journal Articles

Given Mississippi's unique status as the only state without a class action rule, the recent developments in Mississippi joinder law, and the suggestions in Armond and Bailey that Mississippi should adopt a class action rule, scholars and practitioners from around the country gathered in Jackson, Mississippi on February 18, 2005, to debate two issues. First, should Mississippi now adopt a class action rule? Second, how should such a rule be structured? The articles in this Symposium represent the final written product of this debate. This Foreword organizes the articles by issue, provides an overview of each article, and identifies ...


Title Vii Of The Civil Rights Act Of 1964, Christopher J. Tyson Jan 2005

Title Vii Of The Civil Rights Act Of 1964, Christopher J. Tyson

Journal Articles

No abstract provided.


Tributes To Professor Edward Tomlinson, Olivier Moreteau Jan 2005

Tributes To Professor Edward Tomlinson, Olivier Moreteau

Journal Articles

No abstract provided.


The Spiritual Values Of Wilderness, John C. Nagle Jan 2005

The Spiritual Values Of Wilderness, John C. Nagle

Journal Articles

The Wilderness Act of 1964 is the principal legal mechanism for preserving wilderness in the United States. The law now protects over 100 million acres of federal land, half of which is in Alaska. Yet the contested meaning of the term wilderness continues to affect the management of those wilderness areas, and the designation of additional lands as wilderness areas. Much current thinking about wilderness emphasizes the ecological and recreational interests that Congress cited when it enacted the law. These justifications for wilderness preservation are important, but they are incomplete. They are best supplemented by a better understanding of the ...


Derungs V. Wal-Mart Stores: Another Door Shut--A Federal Interpretation Excluding Breast-Feeding From The Scope Of A State's Sex Discrimination Protection, Katherine Macfarlane Jan 2005

Derungs V. Wal-Mart Stores: Another Door Shut--A Federal Interpretation Excluding Breast-Feeding From The Scope Of A State's Sex Discrimination Protection, Katherine Macfarlane

Journal Articles

No abstract provided.


The Impact Of Current Policy And Regulation On Future Stem Cell Human Health Applications, Michael J. Malinowski Jan 2005

The Impact Of Current Policy And Regulation On Future Stem Cell Human Health Applications, Michael J. Malinowski

Journal Articles

No abstract provided.


William Rehnquist, Sept. 3, 2005: The Chief At Lsu Law, Paul R. Baier Jan 2005

William Rehnquist, Sept. 3, 2005: The Chief At Lsu Law, Paul R. Baier

Journal Articles

No abstract provided.


An Allegory Of The Cave And The Desert Palace, William R. Corbett Jan 2005

An Allegory Of The Cave And The Desert Palace, William R. Corbett

Journal Articles

No abstract provided.


Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller Jan 2005

Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller

Journal Articles

Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.


Cars, Charity, Oprah, Depreciation And The Interest-Free Loan: Recent Developments Of Relevance In The Motor City, Stuart G. Lazar Jan 2005

Cars, Charity, Oprah, Depreciation And The Interest-Free Loan: Recent Developments Of Relevance In The Motor City, Stuart G. Lazar

Journal Articles

No abstract provided.


Hayek, Law, And Cognition, Richard A. Posner Jan 2005

Hayek, Law, And Cognition, Richard A. Posner

Journal Articles

No abstract provided.


Democracy Without A Net? Separation Of Powers And The Idea Of Self-Sustaining Constitutional Constraints On Undemocratic Behavior, James A. Gardner Jan 2005

Democracy Without A Net? Separation Of Powers And The Idea Of Self-Sustaining Constitutional Constraints On Undemocratic Behavior, James A. Gardner

Journal Articles

The United States Constitution is designed to achieve good government by relying on two distinct systems: a primary system that achieves good governance through democratic electoral accountability; and a set of self-sustaining structural backup systems designed for situations in which the democratic system fails, and which operate by limiting the ability of bad rulers to do serious harm to the public good. A key premise of this kind of dual structural arrangement is that effective backup systems must operate independently of primary democratic systems; because they are needed precisely when democratic mechanisms have failed, they cannot depend for their success ...


Court Recognizes Domestic Violence Survivor's Fair Housing Challenge To Eviction, Danielle Pelfrey Duryea Jan 2005

Court Recognizes Domestic Violence Survivor's Fair Housing Challenge To Eviction, Danielle Pelfrey Duryea

Journal Articles

No abstract provided.


A Legal Remedy For Homophobia: Finding A Cure In The International Right To Health, Michael Boucai Jan 2005

A Legal Remedy For Homophobia: Finding A Cure In The International Right To Health, Michael Boucai

Journal Articles

This article argues that the international right to health obligates governments to combat homophobia. Part One presents the powerful evidence that stigma, prejudice, and violence directed toward lesbian and gay people drastically endanger their physical and mental well-being. Part Two defends an expansive interpretation of the international right to health. Applying this interpretation, Part Three proposes that gay men and lesbians are entitled to demand that their governments to eliminate all public and much private discrimination against gay men and lesbians, and requires them to combat homophobia through education and other positive efforts. Acknowledging that this obligation is unlikely to ...


Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha Jan 2005

Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha

Journal Articles

No abstract provided.