Law Commons^™

Electronic Records And Signatures Under The Federal E-Sign Legislation And The Ueta, Robert A. Wittie, Jane K. Winn

Articles

Federal legislation establishing legal parity between electronic records and signatures and their paper and ink counterparts was signed into law June 30, 2000, and became effective, at least for most purposes, on October 1. The Electronic Signatures in Global and National Commerce Act (E-SIGN or the Act) effectively sweeps away a myriad of anachronistic and inconsistent state and federal requirements for paper and ink documents and signatures. In so doing, E-SIGN eliminates many of the legal uncertainties that have surrounded the use of electronic media in commerce and should enable businesses and consumers alike to more fully realize the cost …

Making Xml Pay: Revising Existing Electronic Payments Law To Accommodate Innovation, Jane K. Winn

Articles

Many businesses today are rushing to embrace "e-Business" technologies in a mad scramble to remain competitive. Only a few years ago, simply using email instead of faxes or phone calls, converting a purchasing system to EDI technology, or building a corporate Web site might have seemed like important advances in the use of new information technologies.

Businesses are now moving beyond such "electronic commerce" technologies and trying to integrate their disparate information systems and business processes into a comprehensive new "e-Business" structure. At the heart of this new model for business organization is the idea that information and resources should …

The Myth Of The Win-Win: Misdiagnosis In The Business Of Reassembling Nature, William H. Rodgers, Jr.

Articles

This Article starts with a closer than customary look at the most serious obstacle to the ambitious campaign of environmental restoration that is the focus of this Symposium. That obstacle is the human brain.

The Article contends that human cognitive processes are marvelous designers of serviceable self-deceptions. In the war on nature that we witnessed in the twentieth century the most functional of these is the firm belief in a non-zero sum world. This is the conviction that gains from economic development could be enjoyed without sacrifice of the natural world.

This is a convenient, powerful, and serviceable myth although …

The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault

Faculty Publications

Examines the harmless error rule as interpreted by Michigan case law.

The Constitutional Implications Of Human Cloning, Elizabeth Price Foley

Faculty Publications

Given the theoretical inevitability of human cloning, this Article attempts to fill a current intellectual void by providing an analysis of the most significant legal implications of cloning human beings. Part II sets forth the basic science behind cloning and how cloning differs from other, non-traditional forms of procreation such as in vitro fertilization and artificial insemination. Part III discusses the most commonly feared “science fiction” abuses associated with human cloning and current laws that may prevent such abuses from occurring. Part IV discusses the possible constitutional impediments to banning human cloning, including the First Amendment, the procreational liberty interest …

Towards A More Perfect Union: Some Thoughts On Amending The Constitution, Thomas E. Baker

Faculty Publications

No abstract provided.

Respa - Questioning Its Effectiveness, Eloisa Rodriguez-Dod

Faculty Publications

Purchasing real estate is a complicated process, especially for the average consumer. The closing procedure alone involves fees and documents that can be confusing to a borrower. The Real Estate Settlement Procedures Act (RESPA) was enacted in 1974 in order to ease some of this confusion.

This article discusses the enactment of RESPA and its purpose, which is mainly to "insure that consumers... are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices." The article also discusses disclosure requirements that …

A Race Approach To International Law (Rail): Is There A Need For Yet Another Critique Of International Law, Ediberto Román

Faculty Publications

This work reviews an important shortcoming of the dominant public international paradigm and the recent methodical responses to that edifice. Specifically, this article argues that issues of race have not been significantly addressed in international law discourse. In particular, this Article notes that in the theoretical discourse some writers have discussed race, but the thrust of the discourse marginalizes the importance of race. In the practice of international law, people of color are affected but rarely recognized in policy debates. Additionally, this work attempts to explain how a discourse that positions race at the center of the discourse increases the …

The Negotiation Of Executive Agreements For Environmental Remediation: Is The Interest-Based Method A Workable Model?, Darla Jackson

Other Faculty Publications

No abstract provided.

The Case For United States Reparations To African Americans, Adrienne D. Davis

Scholarship@WashULaw

The political and juridical viability of reparations for descendants of enslaved black people is emerging as a highly contested concept in U.S. debates about justice and law. For decades, reparations have been an essential part of the international discourses of war and human rights.

Panel Two: Who's Minding The Baby?, Adrienne D. Davis, Catherine J. Ross, Marion Crain, Bonnie Thornton Dill

Scholarship@WashULaw

This publication is a transcript of remarks made by multiple law professors discussing the relationship between race, gender, and class and focusing on feminism and the challenges faced by working mothers.

Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams

Scholarship@WashULaw

This Symposium inaugurates the Annual Feminist Legal Theory Lecture Series of the Washington College of Law's Gender, Work & Family Project. Martha Fineman, in honor of her two towering achievements in feminist jurisprudence, is the first lecturer. The first achievement is her ground-breaking work on dependency, about which we will say more later. The second is her equally influential Feminist Theory Workshop, which she began at the University of Wisconsin, and has since moved to Columbia University and now to Cornell. The annual Workshop has provided the opportunity for scores of scholars to present papers related to feminist jurisprudence, helping …

Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis

Scholarship@WashULaw

As most men and women acknowledge, gender is a battleground. Most of us are fairly clear on biological sex: who bears children, who ejaculates sperm, even whose (big) hands might open a stuck jar and whose (smaller ones) could pull that cufflink out of the garbage disposal. What remains less clear is how social gender roles flow from this: Does lactation result in eighteen years of primary caregiving? Should the chemical realities of testosterone shape the law governing sexual assault? 3 Should the dynamics of heterosexual relationships mirror the physics of heterosexual intercourse (penetration equals power)? Does the reality of …

How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian

Scholarship@WashULaw

Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …

Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo

Scholarship@WashULaw

In two 1996 decisions involving equitable subordination of claims in bankruptcy cases, United States v. Noland and United States v. Reorganized CF&I Fabricators of Utah, Inc., the Supreme Court did not answer the question of whether a bankruptcy court must find creditor misconduct before it equitably subordinates a creditor's claim. This Note argues that the Court should have established a bright-line rule that requires such a finding, using prepetition, nonpecuniary loss tax penalty claims of the IRS as a model. After showing that, as codified in the Bankruptcy Code, the doctrine of equitable subordination requires a finding of creditor misconduct, …

Schools-Public Schools: United States Supreme Court Adopts Bright-Line Test For Determining Whether A Requested Service Is A Required Related Service Under The Individuals With Disabilities Education Act, Erin M. Diaz

North Dakota Law Review

No abstract provided.

Winters In The East: Tribal Reserved Rights To Water In Riparian States, Judith Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Deluxe Editions And The Copyright Monopoly, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Interactions Of Eco-Labeling, Environment, And International Trade, Yi Qian

University Avenue Undergraduate Journal of Economics

A simple graphical model has been developed to examine the relationship between eco-labelling, international trade and environment. This paper analyses that labelling can possibly have adverse effect on environment when the supply of environment-friendly good is greater than the demand of the friendly good pre-labelling (fig.2). In a dynamic setting, however, this situation could be reversed by shifts of demand and supply curves of environment-friendly products (fig.3). The theoretical model predicts change of product prices, which in turn can alter international trade. In bilateral trade, the interaction with country 2 will result in an improvement in the environmental situation in …

Beyond Napster: Debating The Future Of Copyright On The Internet - Introductory Remarks, Bruce A. Lehman, Andrew Pike

American University Law Review

No abstract provided.

Biographies Of Participants, American University Law Review

American University Law Review

No abstract provided.

Baldridge V. Board Of Trustees: A Case For Reform Of Montana's Tenured Teacher Dismissal Process, Michelle Bryan

Faculty Law Review Articles

This article discusses the need for articulated guidelines in Montana’s tenured teacher dismissal process. Part II chronicles the history of Baldridge II. Part III places Baldridge II in context by tracing the legal evolution of tenured teacher dismissals in Montana. Part IV critiques the Montana Supreme Court’s reasoning in Baldridge II. Finally, Part V offers suggestions for mitigating the inadequacies of Montana's tenured teacher dismissal process.

Comment: A Nation Of Felons?: Napster, The Net Act, And The Criminal Prosecution Of File-Sharing, Aaron M. Bailey

American University Law Review

No abstract provided.

Panel Three: New Business Models, Regulatory Options And The Future Of Copyright On The Internet, Joshua J. Kaufman, Ann Bartow, Edward J. Black, Philip S. Corwin, Brian Hecht, Keith Kupferschmid, Bennett Lincoff, David Pakman

American University Law Review

No abstract provided.

Panel Two: Which Legal Rules Control?: Evaluating Arguments, Timothy Casey, Peter Jaszi, Jeffrey G. Knowles, Brian Mudge, L. Ray Patterson, Laurence F. Pulgram

American University Law Review

No abstract provided.

Panel One: The Road To Napster: Internet Technology And Digital Content, Christine Haight Farley, Jonathan Band, George M. Borkowski, Shubha Ghosh, James H. Laughlin, Michael J. Madison, Declan Mccullagh, Peter K. Schalestock

American University Law Review

No abstract provided.

European Competition For The 21st Century, Mario Monti

Fordham International Law Journal

This speech discusses recent policy developments and future trends in European Competition Policy.

Recent Developments In The Currency War: The Euro, The Dollar, The Yen, And The Bemu, Edieth Y. Wu

Connecticut Journal of International Law

Even though the globalization concept has been almost universally embraced, a single or leading currency has yet totally to emerge. This article addresses the top contenders for the position of leading currency: the euro, the dollar, the yen and the "BEMU," which is undeclared at this time. Projections have been made that "by 2030 the world will have two major currency zones - one European the other American."' This article also addresses the possibilities of a single currency and the obstacles in the way of a single currency. Finally, it concludes that the United States, Japan, and the European Community …

The Mirage Becomes Reality: Privatization And Project Finance Developments In The Middle East Power Market, Loren Page Ambinder, Nimali De Silva, John `. Dewar

Fordham International Law Journal

This Essay discusses privatization and financing developments in the Middle East power market. In the coming years, the power sector will experience unprecedented growth and investment due to the increasing demand for electricity throughout the region and the desire of governments to diversify their economies away from oil. This need for electricity has fueled the drive towards privatization and the growth of independent power projects (or "IPPs").

Prologue: A Note From The Executive Board, International Law Journal Executive Board

California Western International Law Journal

No abstract provided.