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2000

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Full-Text Articles in Law

Trends. Terrorism, Terror Management, And Faking Mental Disorder, Ibpp Editor Dec 2000

Trends. Terrorism, Terror Management, And Faking Mental Disorder, Ibpp Editor

International Bulletin of Political Psychology

This article highlights the difficulty of determining if defendants on trial are faking mental disorder. The case in question involves the bombing of United States embassies in Kenya and Tanzania.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Dec 2000

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Deducting Environmental Cleanup Costs, Neil Harl Dec 2000

Deducting Environmental Cleanup Costs, Neil Harl

Agricultural Law Digest

For nearly a decade, there’s been a great deal of uncertainty over how to handle environmental cleanup costs. Two developments this year have cast new light on the problem, one confirming the direction we have been taking on the issue and the other raising some question about the reliance on a 1992 U.S. Supreme Court case in requiring the capitalization of some environmental cleanup costs.


Universal Service High-Cost Subsidy Reform: Hindering Cable-Telephony And Other Technological Advancements In Rural And Insular Regions, Emily L. Dawson Dec 2000

Universal Service High-Cost Subsidy Reform: Hindering Cable-Telephony And Other Technological Advancements In Rural And Insular Regions, Emily L. Dawson

Federal Communications Law Journal

Universal service is a public policy initiative designed to ensure that all United States citizens receive widespread access to affordable telecommunications services. Customers in high-cost service regions such as rural and insular areas are typically excluded from the latest telecommunications technology. Most large carriers serving these regions prefer to implement technological updates in urban areas where profit margins are higher while allowing the rural infrastructure to deteriorate. The Federal Universal Service Fund currently offers subsidies to telecommunications providers serving high-cost regions, but the FCC has announced efforts to reform the subsidy allocation system that could potentially impede technological advancement in ...


The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence Zelenak Dec 2000

The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence Zelenak

North Carolina Law Review

No abstract provided.


Editor's Note, Robyn M. Holtzman Dec 2000

Editor's Note, Robyn M. Holtzman

Federal Communications Law Journal

No abstract provided.


In Memory Of Sanford Jaccob Fox Dec 2000

In Memory Of Sanford Jaccob Fox

Boston College International and Comparative Law Review

No abstract provided.


The Western European Union, Yugoslavia, And The (Dis)Integration Of The Eu, The New Sick Man Of Europe, William Bradford Dec 2000

The Western European Union, Yugoslavia, And The (Dis)Integration Of The Eu, The New Sick Man Of Europe, William Bradford

Boston College International and Comparative Law Review

This Article examines the historical evolution of the Western European Union (WEU) within the context of its relationship to NATO and to the European Union (EU) in order to explain Europe's failure to devise and implement collective security measures during the dissolution of Yugoslavia. This Article concludes that, under the limitations of its present legal and political framework, the WEU is not a realistic alternative to NATO in the "post-post-Cold War era" and that continued failure to craft a European defense identity and to meld it to effective European security institutions will prevent the EU from generating cohesive force ...


The Need For Centralized Securities Regulations In The European Union, Karen M. Smith Dec 2000

The Need For Centralized Securities Regulations In The European Union, Karen M. Smith

Boston College International and Comparative Law Review

Developing a system of securities regulation in the European Union has been a difficult task. Currently, markets are regulated at the national level and are guided by certain minimum standards established by EU Directives. The Investment Services Directive, enacted in 1996, was heralded as the final piece of legislation required to complete a unified market for securities. This Note discusses the ISD's failure to result in a fully integrated market and concludes that EU markets need supervision by a centralized regulatory body to allow them to become fully integrated.


Recommendations For The Curbing Of Corruption, Cronyism, Nepotism, & Fraud In The European Commission, Kelly Li Dec 2000

Recommendations For The Curbing Of Corruption, Cronyism, Nepotism, & Fraud In The European Commission, Kelly Li

Boston College International and Comparative Law Review

The European Commission consists of twenty appointed members including a Commission President, and serves primarily as a policy initiator and administrator for the European Union. Allegations of corruption had long surrounded the Commission and, through a series of events, an independent panel of experts was charged with the duty of investigating specific allegations of corruption. On March 16, 1999, the independent panel issued a scathing report of a "sad catalog of negligence and mismanagement" by the Commissioners. This report not only identified individual instances of mismanagement, cronyism, nepotism, and fraud but also excoriated the Commission for lacking "even the slightest ...


Will The Great Banana War Ever End: Will The Tariff Only System Be The Solution?, Jessica L. Spiegel Dec 2000

Will The Great Banana War Ever End: Will The Tariff Only System Be The Solution?, Jessica L. Spiegel

Boston College International and Comparative Law Review

The European Union and the United States are in the midst of the Great Banana War, a trade dispute over EU banana tariffs. The World Trade Organization authorized sanctions against the EU, effective until the EU modifies its banana tariff system to comply with WTO rules. Meanwhile, the EU's fonner colonies, the ACP nations, are caught in the precarious position of losing the EU's preferential treatment concerning the banana tariffs. This Note highlights the issues surrounding this conflict and advocates on behalf of the EU's latest re-configuration of its tariff system.


Exemptions To The European Union Personal Data Privacy Directive: Will They Swallow The Directive?, Stephen A. Oxman Dec 2000

Exemptions To The European Union Personal Data Privacy Directive: Will They Swallow The Directive?, Stephen A. Oxman

Boston College International and Comparative Law Review

This Note analyses the probable effectiveness of the European Union Data Protection Directive, which was passed in order to curtail the invasion of personal privacy that has accompanied the development of the Internet, in light of three potentially expansive exemptions contained within the Directive. The author concludes that the goals of the Directive will be achieved only if Member States interpret these exemptions restrictively when enacting legislation pursuant to the Directive.


Journal Staff Dec 2000

Journal Staff

Alaska Law Review

No abstract provided.


The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi Dec 2000

The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi

Boston College International and Comparative Law Review

This Article examines and compares the differing treatment of territorial restraints in licensing agreements under United States (U.S.) antitrust law and European Union (E.U.) competition law. While in the U.S. vertical territorial restraints are assessed under the Rule of Reason, in the E.U. they often are considered illegal per se, unless exempt under the E.U. Technology Transfer Regulation or by an express decision of the Commission addressed to the parties to the licensing agreement. Yet, even if a licensing agreement is exempt under the E.U. Regulation, the Regulation imposes severe time limitations on exclusivity ...


Chasing Shadows: The Human Face Behind The Cyber Threat, Jim Chirsty Dec 2000

Chasing Shadows: The Human Face Behind The Cyber Threat, Jim Chirsty

Federal Communications Law Journal

Book Review: Tangled Web: Tales of Digital Crime From the Shadows of Cyberspace, Richard Power, Que, 2000, 450 pages.

Richard Power’s Tangled Web: Tales of Digital Crime from the Shadows of Cyberspace presents a comprehensive account of computer crime. The book unveils and explores in meticulous detail the nature and scope, and—more importantly—the tremendous potential that common criminals, terrorists, and nation-states now have at their fingertips. This Review describes Tangled Web as a must-read for all cyber cops, prosecutors, and information technology heads and policy-makers.


The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister Dec 2000

The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister

Federal Communications Law Journal

The decision whether to be a regulated common carrier or a non-regulated communications provider carries with it numerous benefits and burdens that must be weighed. Although one may automatically assume that non-regulation is preferable, that may not always be the case. This Article directly addresses the decision of whether to be a lightly-regulated non-dominant common carrier or a non-regulated private carrier. The Article argues that certain statutory and regulatory rights enjoyed by common carriers are more important than the minimal regulatory burdens associated with non-dominant common carrier regulation.


Table Of Contents - Issue 2, Chicago-Kent Law Review Dec 2000

Table Of Contents - Issue 2, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.


The Uses Of Aristotle In Garamer's Recovery Of Consultative Reasoning: Sunesis, Sungnômê, Epieikeia, And Sumbouleuesthai, P. Christopher Smith Dec 2000

The Uses Of Aristotle In Garamer's Recovery Of Consultative Reasoning: Sunesis, Sungnômê, Epieikeia, And Sumbouleuesthai, P. Christopher Smith

Chicago-Kent Law Review

Using Hans-Georg Gadamer's exposition of Aristotle's adjuncts to phronêsis, or the knowing that guides deliberation, namely understanding, forbearance, and clemency, this Article attempts to retrieve a communal reasoning still evident in Homer but increasingly covered over beginning with Plato and continuing through Hobbes and Locke, in the English-language tradition, and, more recently, Rawls and Toulmin. This Article shows that, in Gadamer's reading of him, Aristotle emerges as a crucial interruption of this tendency of Western thought to abstract from the communal origins of reasoning and to start instead from what an isolated individual sees for himself or ...


Borders Or Horizons? Gadamer And Habermas Revisited, Fred R. Dallmayr Dec 2000

Borders Or Horizons? Gadamer And Habermas Revisited, Fred R. Dallmayr

Chicago-Kent Law Review

In this Article, Dallmayr examines the status of borders and demarcations. Are borders markers of separation and exclusion, or are they more like hyphens or horizons indicating a correlation without sameness, a distinctness opening up to alterity? This Article investigates this question by returning to the -so-called "Gadamer-Habermas Debate." While Part I recapitulates some of Hans-Georg Gadamer's teachings, especially with reference to a "universal hermeneutics," Part II reviews some of Jürgen Habermas's critical rejoinders and initiatives aiming basically at a parceling of forms of human knowledge. In the concluding part, an effort is made to highlight the significance ...


Work-In-Progress: Gadamer, Tradition, And The Common Law, Allan C. Hutchinson Dec 2000

Work-In-Progress: Gadamer, Tradition, And The Common Law, Allan C. Hutchinson

Chicago-Kent Law Review

In this Article, Hutchinson provides an account of the common law tradition of judging that draws upon Hans-Georg Gadamer's writings that advance the intellectual project of critical legal theory. Hutchinson contends that Gadamer's hermeneutics can be utilized to offer a more radical and transformative reading of the common law tradition and explores what it means to treat law seriously as a living rhetorical tradition. This Article explores Hutchinson's theory by concentrating on the recent U.S. Supreme Court physician-assisted suicide decision in Washington v. Glucksberg. This Article relies upon the notion of "work-in-progress" as a productive optic ...


Critical Hermeneutics: The Intertwining Of Explanation And Understanding As Exemplified In Legal Analysis, George H. Taylor Dec 2000

Critical Hermeneutics: The Intertwining Of Explanation And Understanding As Exemplified In Legal Analysis, George H. Taylor

Chicago-Kent Law Review

Understanding and explanation are often viewed as oppositional: understanding is considered a search for the meaning a text provides, while explanation employs a critical, analytic method that maintains a distance from the text it interrogates. This Article demonstrates that in legal interpretation, understanding and explanation are not opposed but inextricably interconnected. Drawing first on the work of Robert Bork and Justice Antonin Scalia, this Article shows how elements of critique are present even within forms of legal interpretation that seek to maintain fidelity to the "understanding" of authorial meaning. Second, it illuminates the converse, that theories drawn to methods of ...


The European Commission’S Directive On Electronic Signatures: Technological “Favoritism” Towards Digital Signatures, Andrew Barofsky Dec 2000

The European Commission’S Directive On Electronic Signatures: Technological “Favoritism” Towards Digital Signatures, Andrew Barofsky

Boston College International and Comparative Law Review

The increasing use of e-commerce generally is considered a positive trend that should be fostered. Yet, many lawmakers believe that laws requiring signatures to authenticate certain transactions represent obstacles to e-commerce and threaten to keep it from reaching its full potential. In the European Union, several Member States have drafted or enacted "electronic signature" laws to define the legal validity of electronic signatures. However, many of these laws are taking diverging approaches, thus creating an inconsistent framework for electronic signatures. In response, the European Commission recently adopted a directive to provide a common framework for electronic signatures. In its present ...


The European Healthcard: The Time To Legislate Is Now, Rosemary E. Libera Dec 2000

The European Healthcard: The Time To Legislate Is Now, Rosemary E. Libera

Boston College International and Comparative Law Review

The European Union for years has considered introducing a healthcard that citizens of all Member States could carry to help facilitate the provision of health care throughout the EU. Such a card would ensure that care providers in all Member States could access the medical information of those patients who do not reside in the country where care is being provided. In the wake of the EU's failure to introduce such a card, many Member States have developed their own incompatible healthcard technologies. The EU must implement a universal healthcard in the near future in order to prevent the ...


The Court's Use Of The Implicit Divestiture Doctrine To Implement Its Imperfect Notion Of Federalism In Indian Country, Alex Tallchief Skibine Dec 2000

The Court's Use Of The Implicit Divestiture Doctrine To Implement Its Imperfect Notion Of Federalism In Indian Country, Alex Tallchief Skibine

Tulsa Law Review

No abstract provided.


Citizen Suits Against Tribal Governments And Tribal Officials Under Federal Environmental Laws, Michael P. O'Connell Dec 2000

Citizen Suits Against Tribal Governments And Tribal Officials Under Federal Environmental Laws, Michael P. O'Connell

Tulsa Law Review

No abstract provided.


Contract Support Funding And The Federal Policy Of Indian Tribal Self-Determination, S. Bobo Dean Dec 2000

Contract Support Funding And The Federal Policy Of Indian Tribal Self-Determination, S. Bobo Dean

Tulsa Law Review

No abstract provided.


John W. Hager Lecture: Rethinking The Program Of Legal Education: A New Program For The New Millennium, James P. White Dec 2000

John W. Hager Lecture: Rethinking The Program Of Legal Education: A New Program For The New Millennium, James P. White

Tulsa Law Review

No abstract provided.


Table Of Contents Dec 2000

Table Of Contents

Tulsa Law Review

No abstract provided.


Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin L. West Dec 2000

Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin L. West

Chicago-Kent Law Review

This Article examines the impact of the twenty-year-old "turn" toward interpretation in legal and constitutional scholarship. In part, because of the impact of Hans-Georg Gadamer's work, scores of critical legal scholars, including some of those writing for this Symposium, now think of adjudication and legal discourse generally as primarily interpretive, rather than economic or political or distinctively legal enterprises. This turn toward interpretation has opened the way for new insights and ways of thinking, but it has also come with costs. It has, for example, diverted attention from the ways in which constitutional law might be appropriately criticized by ...


Bad Medicine: The Anticompetitive Side-Effects Of Physician Unionization, Thomas Hamilton Segars Dec 2000

Bad Medicine: The Anticompetitive Side-Effects Of Physician Unionization, Thomas Hamilton Segars

Chicago-Kent Law Review

In response to the predominance of managed health care, ever-increasing numbers of physicians are turning to unionization as a means of negotiating contracts with larger insurers. While physician unionization has a history of both political and legal controversy, recent federal legislation aims to make the practice legitimate. This Note discusses the trend toward physician unionization, the resulting anticompetitive effects, as well as possible alternatives for physicians seeking to bargain with the powerful health care insurance industry.