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Journal Articles

2005

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Institution
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Articles 1 - 30 of 70

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.


The Sec And Accounting, In Part Through The Eyes Of Pacioli, Matthew J. Barrett Mar 2005

The Sec And Accounting, In Part Through The Eyes Of Pacioli, Matthew J. Barrett

Journal Articles

As part of a symposium marking the seventieth anniversary of the creation of the Securities and Exchange Commission, this article pulls together two threads, namely Luca Pacioli's prominence in accounting and the importance of the Management's Discussion and Analysis (MD&A) requirements that seek to give investors an opportunity to view a public company through the eyes of management, to evaluate the SEC's record on certain accounting issues. Because writers in legal journals have largely ignored Pacioli's efforts, the article begins by highlighting some of the friar's contributions to accounting precepts. The article next applies some of those precepts in a …


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 …


Making A Mark In The Internet Economy: A Trademark Analysis Of Search Engine Advertising, Mark Bartholomew Jan 2005

Making A Mark In The Internet Economy: A Trademark Analysis Of Search Engine Advertising, Mark Bartholomew

Journal Articles

No abstract provided.


The Solution To The Problem Of Outcome Luck: Why Harm Is Just As Punishable As The Wrongful Action That Causes It, Ken M. Levy Jan 2005

The Solution To The Problem Of Outcome Luck: Why Harm Is Just As Punishable As The Wrongful Action That Causes It, Ken M. Levy

Journal Articles

No abstract provided.


The Writ Of Habeas Corpus And The Special Court For Sierra Leone: Addressing An Unforeseen Problem In The Establishment Of A Hybrid Court, Anthony O'Rourke Jan 2005

The Writ Of Habeas Corpus And The Special Court For Sierra Leone: Addressing An Unforeseen Problem In The Establishment Of A Hybrid Court, Anthony O'Rourke

Journal Articles

No abstract provided.


Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier Jan 2005

Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier

Journal Articles

England and Canada have adopted divergent approaches to the enforcement of foreign civil and commercial judgments. An English court will only enforce a foreign judgment where the defendant submitted to the junsdiction of the foreign court, or was present in the foreign jurisdiction when served with process. This position. while protecting domestic defendants, is outdated and does little to further the objectives underpinning judgment enforcement- Canadian courts, by contrast, have been far more liberal than their English counterparts, enforcing foreign judgments in cases where there is a "real and substantial connection" between the dispute and the judgment forum. While this …


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 …


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.


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.


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.


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.


Tributes To Professor Edward Tomlinson, Olivier Moreteau Jan 2005

Tributes To Professor Edward Tomlinson, Olivier Moreteau

Journal Articles

No abstract provided.


Are Filipina/Os Asians Or Latina/Os?: Reclaiming The Anti-Subordination Objective Of Equal Protection After Grutter And Gratz, Victor C. Romero Jan 2005

Are Filipina/Os Asians Or Latina/Os?: Reclaiming The Anti-Subordination Objective Of Equal Protection After Grutter And Gratz, Victor C. Romero

Journal Articles

In this piece, I explore two avenues of political action - self-identification for affirmative action purposes and longer-term solutions to educational inequity - in an attempt to develop a coherent and effective post-Grutter and Gratz strategy for promoting equal educational opportunities consistent with the demands of equal protection. I use the experiences of Filipina/o-Americans as a vehicle for exploring these issues. I hope to show that diversity as the underlying goal of affirmative action fails to capture the core of modern equal protection jurisprudence implicit in Brown v. Board of Education and Loving v. Virginia: that treating all …


Asians, Gay Marriage, And Immigration: Family Unification At A Crossroads, Victor C. Romero Jan 2005

Asians, Gay Marriage, And Immigration: Family Unification At A Crossroads, Victor C. Romero

Journal Articles

Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its definition of the family, challenging the traditional notion that only civil unions between heterosexuals should be celebrated. But because U.S. immigration law does not include a gay or lesbian partner within its statutory definition of spouse, binational same-gender couples may not legally remain in the country together, even …


Rethinking Minority Coalition Building: Valuing Self-Sacrifice, Stewardship And Anti-Subordination, Victor C. Romero Jan 2005

Rethinking Minority Coalition Building: Valuing Self-Sacrifice, Stewardship And Anti-Subordination, Victor C. Romero

Journal Articles

This essay provides an alternative to the conventional self-interest model of coalition building to explore one that relies instead on the three concepts of self-sacrifice, stewardship, and anti-subordination, addressing anticipated counterarguments and providing concrete examples of how this model might work.


Immigration: Mind Over Matter, Shoba S. Wadhia Jan 2005

Immigration: Mind Over Matter, Shoba S. Wadhia

Journal Articles

This article examines the current field of debate and legislation on immigration reform and related due process issues. "Comprehensive Immigration Reform" is an expression in the immigration debate and embraces five tenets. First, reform addresses the eleven million people who are living in the United States without documentation and specifically provide them with an incentive to make themselves known to the government, register for some kind of work visa, and if they wish, get on the path to permanent residence. Second, reform embodies what lobbyists in Washington, D.C. call the "future flow," which corresponds to the flow of people who …


Player Restraints And Competition Law Throughout The World, Stephen F. Ross Jan 2005

Player Restraints And Competition Law Throughout The World, Stephen F. Ross

Journal Articles

This article reviews agreements among clubs participating in league sports in many countries throughout the world that limit competition for the services of players. Under the English common law (which governs in most of the British commonwealth), the competition law provisions of the European Union's governing treaty, the American Sherman Act, and the Canadian Competition Act, the governing standard is quite similar. Player restraints cab only be justified if they are related to a legitimate purpose, which is usually defined as one that demonstrably improves the consumer appeal for the sporting competition. Moreover, and significantly, player restraints must be reasonably …


Global Venue Controls Are Coming: A Reply To Professor Lopucki, Samuel Bufford Jan 2005

Global Venue Controls Are Coming: A Reply To Professor Lopucki, Samuel Bufford

Journal Articles

This Article details my disagreements with Professor Lynn LoPucki's article "Global and out of Control" (79 Am. Bankr. L.J. 79). Part I discusses universalism and territorialism, especially the modified version of universalism that I support. Part II examines the international venue provisions of the Model Law and the EU Regulation. Part III introduces the relevant venue shopping cases. Only two groups of cases are relevant for the purpose of this paper: the French and German subsidiaries of Daisytek and Eurofood (a subsidiary of Parmalat SpA, the Italian conglomerate). None of the other cases that Professor LoPucki discusses was subject to …


The Vocation Of International Arbitrators, Catherine A. Rogers Jan 2005

The Vocation Of International Arbitrators, Catherine A. Rogers

Journal Articles

This Essay examines the vocation of the international arbitrator. I begin by evaluating, under sociological frameworks developed in literature on Weberian theories of the professions, how the arbitration community is organized and regulated. Arbitrators operate in a largely private and unregulated market for services, access to which is essentially controlled by what might be considered a governing cartel of the most elite arbitrators. I conclude my description with an account of how recently international arbitrators have begun to display a professional impulse, meaning efforts to present themselves as a profession to obtain the benefits of professionalization. Professional status is often …


Regulating International Arbitrators: A Functional Approach To Developing Standards Of Conduct, Catherine A. Rogers Jan 2005

Regulating International Arbitrators: A Functional Approach To Developing Standards Of Conduct, Catherine A. Rogers

Journal Articles

Some scholars have protested that arbitrators are subject to less exacting regulation than barbers and taxidermists. The real problem with international arbitrators, however, is not that they are subject to less regulation, but that no one agrees about how they should be regulated. The primary reason for judicial and scholarly disagreement is that, instead of a coherent theory, analysis of arbitrator conduct erroneously relies on a misleading judicial referent and a methodologic failure to separate conduct standards (meaning those norms or rules that guide arbitrators' professional conduct) from enforcement standards (meaning those narrow grounds under which an arbitral award can …


Caught In A Web Of Ignorances: How Black Americans Are Denied Equal Protection Of The Laws, Michael Boucai Jan 2005

Caught In A Web Of Ignorances: How Black Americans Are Denied Equal Protection Of The Laws, Michael Boucai

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.


The Ecology Of Breastfeeding, Kim Diana Connolly Jan 2005

The Ecology Of Breastfeeding, Kim Diana Connolly

Journal Articles

This essay reflects on the ecological advantages of breastfeeding, and argues that that laws promoting and supporting breastfeeding should be included among laws labeled as “environmental.”


The Free Trade Agreement Paradox, Meredith Kolsky Lewis Jan 2005

The Free Trade Agreement Paradox, Meredith Kolsky Lewis

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.


Make-Believe Families And Whiteness, Judy Scales-Trent Jan 2005

Make-Believe Families And Whiteness, Judy Scales-Trent

Journal Articles

No abstract provided.