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2005

Law

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Articles 1 - 30 of 41

Full-Text Articles in Law

The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne Nov 2005

The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne

University of Richmond Law Review

No abstract provided.


Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams Jul 2005

Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj Jun 2005

Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj

Présence Francophone: Revue internationale de langue et de littérature

The major challenge of Haitian society remains building liberty after emerging from slavery and acquiring independence. Two centuries after the birth of the first Black Republic, the new social contract that rose from this spirit of “living together” is still in penury. The author examines the principal obstacles on the way to building freedom: namely, the inclusion of a large number of the excluded, which implies the dismantling of misery and the promotion of learning; the institution of authority through law and responsibility which presupposes the end of the “master” figure as a symbol of power, as well as that …


Imposing Self-Interest: Behavioural Law And Economics, The Ultimatum Game, And Value Possibilities, Michael Ilg Apr 2005

Imposing Self-Interest: Behavioural Law And Economics, The Ultimatum Game, And Value Possibilities, Michael Ilg

Dalhousie Law Journal

With the recent emergence of the behavioural approach to law and economics, there is now a systematic critique of law and economics which remains sympathetic to its overall objectives. Rather than seek to undermine traditional law and economics, the intent of the behavioural approach is generally to augment it, and render its formulations more representative of reality. Drawing upon experimental evidence and well-known examples of anomalies within economic theory, behavioural scholars claim that the law needs to better account for instances of individual irrationality. Having identified the situations when rational maximization does not hold, behavioural scholars are then able to …


The Best Scientific Evidence Available: The Whaling Moratorium And Divergent Interpretations Of Science, A. W. Harris Feb 2005

The Best Scientific Evidence Available: The Whaling Moratorium And Divergent Interpretations Of Science, A. W. Harris

William & Mary Environmental Law and Policy Review

No abstract provided.


Protecting The Truly Persecuted: Restructuring The Flawed Asylum System, Kathryn A. Dittrick Heebner Jan 2005

Protecting The Truly Persecuted: Restructuring The Flawed Asylum System, Kathryn A. Dittrick Heebner

University of San Francisco Law Review

No abstract provided.


Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2005

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Globalization has changed the way global society addresses common and global problems. While there is much talk about aiming at sustainable development, there are no real clear definitions of sustainable development and the term remains susceptible to much misuse.


Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2005

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Bilateral investment treaties typically require the host state to ensure "fair and equitable" treatment to the investors of the other state.


Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2005

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'


Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff Jan 2005

Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff

Animal Law Review

In 1999, New Zealand took an ambitious step to update its animal welfare legislation. The new law included a limited provision to protect Great Apes from scientific experimentation that was heralded internationally as a huge step forward for animals. The Author suggests, however, that New Zealand’s other animals have not fared nearly as well under the new law, and that the notion of New Zealand as the “animal friendly” nation implied by its treatment of primates is more about perception than reality. This article explores the New Zealand experience, and suggests lessons that can be drawn from the modernization of …


Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr. Jan 2005

Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.

Animal Law Review

North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute.


Can The Injured Pet Owner Look To Liability Insurance For Satisfaction Of A Judgment? The Coverage Implications Of Damages For The Injury Or Death Of A Companion Animal, Mark Sadler Jan 2005

Can The Injured Pet Owner Look To Liability Insurance For Satisfaction Of A Judgment? The Coverage Implications Of Damages For The Injury Or Death Of A Companion Animal, Mark Sadler

Animal Law Review

Much has been written in recent years regarding the important role pets play in our society and the legal consequences that have developed from that relationship. Both our courts and legislatures have recognized, in certain circumstances, the ability of a pet owner to recover from a wrongdoer in the event of negligent or intentional conduct that results in the death or injury of a companion animal. However, securing a damages award and recovering on a judgment secured may present the aggrieved pet owner with two entirely different challenges. Liability insurance coverage is critical to the latter concern. This paper provides …


A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore Jan 2005

A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore

Animal Law Review

No abstract provided.


Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood Jan 2005

Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood

Animal Law Review

Animal hoarding is a form of abuse that affects thousands of animals each year, yet little is known about how cases are best resolved, the effectiveness of prosecution, and how sentences relate to the severity of the offense. This lack of information has hampered effective resolution and the prevention of recidivism. This study obtained information about the hoarder, animals, charges, prosecution, sentencing, and recidivism for fifty-six cases identified through media reports.


Maximizing Scientific Integrity In Environmental Regulations: The Need For Congress To Provide Guidance When Scientific Methods Are Inadequate Or When Data Is Inconclusive, Mariyetta Meyers Jan 2005

Maximizing Scientific Integrity In Environmental Regulations: The Need For Congress To Provide Guidance When Scientific Methods Are Inadequate Or When Data Is Inconclusive, Mariyetta Meyers

Animal Law Review

A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. The courts’ review of the agency decisions based on such science largely depends on the various ways in which the “best science available” directive is written in the particular statute. That is, the more specific the congressional mandate, the less latitude the agency has in implementing congressional will; the broader the statutory language, the more breathing space the …


Looking For A Nexus Between Trust, Compassion, And Regulation: Colorado's Search For Standards Of Care For Private, Non-Profit Wildlife Sanctuaries, Katherine A. Burke Jan 2005

Looking For A Nexus Between Trust, Compassion, And Regulation: Colorado's Search For Standards Of Care For Private, Non-Profit Wildlife Sanctuaries, Katherine A. Burke

Animal Law Review

In 2004, the Colorado legislature amended its wildlife statutes, formally recognizing the existence of private, nonprofit wildlife sanctuaries under the jurisdiction of the Colorado Division of Wildlife (CDOW). Opponents to the 2004 amendments and CDOW staff have repeatedly expressed concerns that private sanctuaries should not be authorized in the absence of regulations and enforcement mechanisms sufficient to protect the animals and the people who come into contact with them. In implementing the sanctuary statute, CDOW has followed a familiar pattern, relying on the accreditation program of the American Association of Zoological Parks and Aquariums (AZA) to provide the basis of …


A Comparative Analysis Of The Impact Of Experimental Use Exemptions In Patent Law On Incentives To Innovate, Kevin Iles Jan 2005

A Comparative Analysis Of The Impact Of Experimental Use Exemptions In Patent Law On Incentives To Innovate, Kevin Iles

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Preserving Internet Expression While Protecting Our Children: Solutions Following Ashcroft V. Aclu, Steven E. Merlis Jan 2005

Preserving Internet Expression While Protecting Our Children: Solutions Following Ashcroft V. Aclu, Steven E. Merlis

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Defining The Limits Of The Eu Essential Facilities Doctrine On Intellectual Property Rights: The Primacy Of Securing Optimal Innovation, James Turney Jan 2005

Defining The Limits Of The Eu Essential Facilities Doctrine On Intellectual Property Rights: The Primacy Of Securing Optimal Innovation, James Turney

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The End Of Federalism In Telecommunication Regulations?, Douglas C. Sicker Jan 2005

The End Of Federalism In Telecommunication Regulations?, Douglas C. Sicker

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Trademarks Or Copyrights: Which Intellectual Property Right Affords Its Owner The Greatest Protection Of Architectural Ingenuity?, Rashida Y.V. Macmurray Jan 2005

Trademarks Or Copyrights: Which Intellectual Property Right Affords Its Owner The Greatest Protection Of Architectural Ingenuity?, Rashida Y.V. Macmurray

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Ambush Marketing: The Off-Field Competition At The Olympic Games, Jason K. Schmitz Jan 2005

Ambush Marketing: The Off-Field Competition At The Olympic Games, Jason K. Schmitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Intellectual Property And Genetically Modified Seeds: The United States, Trade, And The Developing World, Haley Stein Jan 2005

Intellectual Property And Genetically Modified Seeds: The United States, Trade, And The Developing World, Haley Stein

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


High Plains Drifting: Wind-Blown Seeds And The Intellectual Property Implications Of The Gmo Revolution, Stephanie M. Bernhardt Jan 2005

High Plains Drifting: Wind-Blown Seeds And The Intellectual Property Implications Of The Gmo Revolution, Stephanie M. Bernhardt

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


In-Line Or Insane? The Federal Circuit's Recent Interpretation Of Festo In Honeywell V. Hamilton Sundstrand, Justin E. Gray Jan 2005

In-Line Or Insane? The Federal Circuit's Recent Interpretation Of Festo In Honeywell V. Hamilton Sundstrand, Justin E. Gray

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Free Radicals In Cyberspace: Complex Liability Issues In Information Warfare, Meiring De Villiers Jan 2005

Free Radicals In Cyberspace: Complex Liability Issues In Information Warfare, Meiring De Villiers

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Pharmacogenomics: Privacy In The Era Of Personalized Medicine, Berrie Rebecca Goldman Jan 2005

Pharmacogenomics: Privacy In The Era Of Personalized Medicine, Berrie Rebecca Goldman

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Law And Public Policy: Future Directions For The Animal Protection Movement, Wayne Pacelle Jan 2005

Law And Public Policy: Future Directions For The Animal Protection Movement, Wayne Pacelle

Animal Law Review

No abstract provided.


No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss Jan 2005

No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss

Animal Law Review

Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.


State Animal Protection Laws -- The Next Generation, Stephan K. Otto Jan 2005

State Animal Protection Laws -- The Next Generation, Stephan K. Otto

Animal Law Review

A vast increase in animal protection laws during the past decade has changed the legal landscape of animal law. The current generation of such laws includes more inventive and effective provisions, but more could be done. This article reviews the current laws of states across the country and proposes a number of specific provisions that would improve the force and effect of animal protection legislation. The Author’s goal is to identify pragmatic ways in which to make animals the most statutorily protected type of property in our country.