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Articles 1 - 20 of 20

Full-Text Articles in Law

Red Tape Or Accountability: Privatization, Public-Ization, And Public Values, Ellen Dannin Oct 2005

Red Tape Or Accountability: Privatization, Public-Ization, And Public Values, Ellen Dannin

Cornell Journal of Law and Public Policy

No abstract provided.


The Legal Protection Of Subsistence: A Prerequisite Of Food Security For The Inuit Of Alaska, Sophie Theriault, Ghislain Otis, Gerard Duhaime, Christopher Furgal Jun 2005

The Legal Protection Of Subsistence: A Prerequisite Of Food Security For The Inuit Of Alaska, Sophie Theriault, Ghislain Otis, Gerard Duhaime, Christopher Furgal

Alaska Law Review

No abstract provided.


International Water Law: The Contributions Of Western United States Water Law To The United States Water Law To The United Nations Convention On The Law Of The Non-Navigable Uses Of International Watercourses, Carolin Spiegel Apr 2005

International Water Law: The Contributions Of Western United States Water Law To The United States Water Law To The United Nations Convention On The Law Of The Non-Navigable Uses Of International Watercourses, Carolin Spiegel

Duke Journal of Comparative & International Law

No abstract provided.


Maritime Law, George Strathy Apr 2005

Maritime Law, George Strathy

Dalhousie Law Journal

This substantial work. written by three members of the faculty of the Marine and Environmental Law Institute at Dalhousie University, is part of the Irwin Law, Essentials of Canadian Law series. Running to just over 800 pages of text, it covers the waterfront, so to speak, of its subject matter. An indication of the scope of the text is reflected in the division of labour among the three authors. They co-authored an introductory chapter and each took responsibility for writing different chapters of the rest of the book. Edgar Gold, a former ship captain and a Master Mariner, has been …


Can Wind Be A “Firm” Resource? A North Carolina Case Study, Lena M. Hansen Apr 2005

Can Wind Be A “Firm” Resource? A North Carolina Case Study, Lena M. Hansen

Duke Environmental Law & Policy Forum

No abstract provided.


Nothing Besides Remains: Preserving The Scientific And Cultural Value Of Paleontological Resources In The United States, Alexa Z. Chew Feb 2005

Nothing Besides Remains: Preserving The Scientific And Cultural Value Of Paleontological Resources In The United States, Alexa Z. Chew

Duke Law Journal

No abstract provided.


Modular Environmental Regulation, Jody Freeman, Daniel Farber Feb 2005

Modular Environmental Regulation, Jody Freeman, Daniel Farber

Duke Law Journal

This Article proposes a "modular" conception of environmental regulation and natural resource management as an alternative to traditional approaches. Under traditional approaches, agencies tend to operate independently, and often at cross-purposes, using relatively inflexible regulatory tools, without significant stakeholder input, and without institutional mechanisms capable of adapting to changing conditions over time. Modularity, by contrast, is characterized by a high degree of flexible coordination across government agencies as well as between public agencies and private actors; governance structures in which form follows function; a problem-solving orientation that requires flexibility; and reliance on a mix of formal and informal tools of …


Indigenous Lands As Cultural Property: A New Approach To Indigenous Land Claims, Lindsey L. Wiersma Feb 2005

Indigenous Lands As Cultural Property: A New Approach To Indigenous Land Claims, Lindsey L. Wiersma

Duke Law Journal

No abstract provided.


Dissecting In Re D-J-: The Attorney General, Unchecked Power, And The New National Security Threat Posed By Haitian Asylum Seekers, Judy Amorosa Jan 2005

Dissecting In Re D-J-: The Attorney General, Unchecked Power, And The New National Security Threat Posed By Haitian Asylum Seekers, Judy Amorosa

Cornell International Law Journal

No abstract provided.


Doing Business In The Middle East: A Primer For U.S. Companies, John H. Donboli, Farnaz Kashefi Jan 2005

Doing Business In The Middle East: A Primer For U.S. Companies, John H. Donboli, Farnaz Kashefi

Cornell International Law Journal

No abstract provided.


Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan Jan 2005

Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan

Cornell International Law Journal

Argues that eliminating international institutions is the best way to solve the problem of inadequate national regulation. Private actions that frustrate competition are highlighted to show that the problem of government failure exists at the international level. The nature of competition policy & its potential for abuse are described to point out the inseparability of competition policy & trade policy, as well as difficulties that result from the less transparent nature of competition law. A review of proposals to develop international regimes to accommodate substantive competition law or allocate regulatory jurisdiction emphasizes why such regimes are likely to be unsatisfactory. …


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.


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.


Profits And Professionalism, Deborah Rhode Jan 2005

Profits And Professionalism, Deborah Rhode

Fordham Urban Law Journal

This Article looks at the financial effect of ethics work. The author examines to what effect and under what circumstances “ethics pays,” and what can be done to increase the rate of return. The article studies this issue in three different contexts. First, it looks at workplace cultures and professional values. The author tries to find how the legal professional can create more organizational structures in which adhering to principles serves prudential interests. The second context is pro bono work. Here, the author looks at the pro bono benefits to, the lawyer, and legal employer, as well as the costs …


The Professionalization Of Ethics, Margaret Raymond Jan 2005

The Professionalization Of Ethics, Margaret Raymond

Fordham Urban Law Journal

This Article looks at the importance of teaching law graduates to be ethical lawyers. The author hypothesizes that the current versions of the ethical rules and the structure of law firms have the potential to encourage the professionalization of ethics rather than connecting all practitioners to the values of professional responsibility. This Article sets out the factors that contribute to the increased professionalization of professional responsibility in large law firms. These factors are the need for lawyers to always be accessible, the pressure to specialize in a specific field, and the complexity of the ethics rules as written. The author …


The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss Jan 2005

The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss

Fordham Urban Law Journal

This Article addresses self-regulation in the legal industry. Lawyers have traditionally resisted the benefits of bureaucratic management. This Article highlights that many lawyers fear that centralized management controls with regard to regulation will undermine individual accountability. This article does not agree with that sentiment. This article uses data to suggest that centralized management, i.e. specialists in charge, may significantly improve individual accountability and compliance with professional rules. This article really reviews what it feels like are misconstrued assumptions about regulation at law firms. This Article argues that the nostalgia for an idealized collegial form has prevented legal scholars and regulators …