Law Commons^™

The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Jill Elaine Hasday

For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance.

Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s] or perpetuate[s] the legal, social, and …

¿Existe El Derecho Empresarial?, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

José León Barandiarán Hart: El Maestro Que Siempre Será Un Amigo, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Some Realism About Comparativism: Comparative Law Teaching In The Hegemonic Jurisdiction, Ugo Mattei

Ugo Mattei

No abstract provided.

Case Note: The “Assigned Residence” Case: H.C. 7015/02 Ajuri Et Al. V. Idf Commander, Reuven Ziegler

Dr. Reuven (Ruvi) Ziegler

The case discussed in this Note is surely one of the most important cases rendered by the Israeli High Court of Justice (hereinafter, HCJ) regarding judicial review of administrative acts performed by a Military Commander (hereinafter, MC) in areas subject to belligerent occupation based on a legal analysis of international humanitarian law (the Fourth Geneva Convention). The Court's ruling on the matter in question highlighted the fact that, while State Courts in other countries continue to refrain from putting measures undertaken by MCs of their respective armed forces under legal scrutiny, the HCJ sustains a longstanding tradition of such scrutiny; …

Crystal Palaces: Copyright Law And Public Architecture, Matthew Rimmer

Matthew Rimmer

This paper investigates copyright law and public architecture in the context of cultural institutions of Australia. Part 1 examines the case of the Sydney Opera House to illustrate the past position of architects in respect of copyright law. It goes onto consider the framework laid down by the Copyright Amendment (Moral Rights) Act 2000 (Cth) to resolve copyright disputes over moral rights and architecture. Part 2 considers the argument over the proposed renovations to the National Gallery of Australia between Dr Brian Kennedy and the original architect Colin Madigan. Part 3 finally deals with the allegations that Ashton Raggatt McDougall, …

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman

Deborah M. Weissman

The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …

Heightened Pleading, Christopher M. Fairman

Christopher M Fairman

No abstract provided.

Hacia Una Ley Modelo Sobre Los Grupos De Empresas, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Changing Conceptions Of Lawyers' Pro Bono Responsibilities: From Chance Noblesse Oblige To Stated Expectations, Judith Maute

Judith L. Maute

No abstract provided.

Who Cares? Why Bother?: What Jeff Powell And Mark Tushnet Have To Say To Each Other, William S. Brewbaker

William S. Brewbaker III

This essay reviews Michael W. McConnell, Robert F. Cochran, Jr., and Angela Carmella's Christian Perspectives on Legal Thought (Yale 2001). In doing so, it argues that Christian legal scholarship ought to be of interest to legal scholars generally and evaluates the book's efforts to assist scholars in recovering Christian traditions of political and jurisprudential reflection.

The E-C Sardines Case: How North-South Ngo-Government Links Benefited Peru, Gregory C. Shaffer, Victor Mosoti

Gregory C Shaffer

No abstract provided.

Benchmarks Of Good Legal Writing, Timothy Blevins

Timothy D Blevins

The first in what was to be a series of articles dealing with refinement in legal documents. Future articles in the series were not published when the publisher realigned its publication policies.

Hacia Una Ley Marco Del Empresariado: Aportes Al Debate Legislativo, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Dealing With Old Father William, Or Moving From Constitutional Text To Constitutional Doctrine: Progress Clause Review Of The Copyright Term Extension Act, Malla Pollack

Malla Pollack

The author suggests a textual approach to the choice of review standards for statutes enacted purusant to the so-called Intellectual Property Clause, which is more properly named the Progress Clause. Turning to text of the Constitution s relatively unproblematic because the Progress Clause contains unusually detailed constitutional text. Furthermore, what little the Court has stated about the fundamental goals of the Clause matches the author's reading of its text. Any approach based on the drafting or ratification discussions stumbles on the thinness of the record, as well as the record's possible unreliability. The text supports a standard of review higher …

What Is Congress Supposed To Promote? Defining ‘Progress” In Article I, Section 8, Clause 8 Of The U.S. Constitution, Or Introducing The Progress Clause, Malla Pollack

Malla Pollack

Empirical reserach into ratification-era uses of the word "progress" in the United States demonstrates that this word, as used in Article One, Section Eight, Clause Eight, means "spread," i.e. diffusion, distribution. To the extent that Congress chooses not to act under this clause, the default position is that each person in the United States has a property right not to be excluded from publicly accessible knowledge and technology. Congress has only a very limited power to create private quasi-property, i.e., rights to exclude the rest of the commoners. Congress may only create temporary individual rights for "authors" or "inventors" to …

A Canadian's View From The Staten Island Ferry, Gerald Lebovits

Gerald Lebovits

No abstract provided.

Testing The Admissibility Of Trademark Surveys After Daubert, Artemio Rivera

Artemio Rivera

To be admissible, a survey must apply the principles of survey research to the target population in a reliable manner, and base its results upon sufficient interviews and responses. These requirements make clear that the existence of flaws in a survey is not simply a matter of weight to be resolved by the fact finder, but an issue of admissibility that must be determined by the courts as part of their gate keeping duties.

A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Ethical, Legal And Practical Implications Of Attorney Referral Fees, Barry R. Temkin

Barry R. Temkin

Under what circumstances may an attorney ethically pay or receive a referral fee under the Code of Professional Responsibility? Moreover, is the penalty for non-compliance a disciplinary proceeding, an action for legal malpractice, forfeiture of the fee, or some combination of the above?

El Control En La Política Empresarial De Los Grupos De Sociedades, Parte 2, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Importancia De La Tesis (Testimonio De Un Abogado), Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

The Multiple Unconstitutionality Of Business Method Patents: Common Sense, Congressional Choice, And Constitutional History, Malla Pollack

Malla Pollack

Business method patents are of sufficiently doubtful constitutionality that the Supreme Court should either render them void or, at the least, require a clear Congressional fact finding that they are likely to promote the "Progress of . . . [the] Useful Arts." Four separate arguments support this conclusion. First, common sense shows that patents on business methods do not promote progress. Second, Congress has not considered whether business method patents are likely to promote progress. Third, "useful arts," as that phrase is used in the Constitution, does not include mere commerce. Lastly, the historical background of the Intellectual Property Clause …

El Control En La Política Empresarial De Los Grupos De Sociedades, Parte 1, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Awkward Evolution: Citizen Enforcement At The North American Environmental Commission, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.

Never-Ending Limitations On S Corporation Losses: The Slippery Slope Of S Corporation Debt Guarantees, Francine J. Lipman

Francine J. Lipman

The amount of S corporation entity level net operating losses that are allowed to pass through to S corporation shareholders is limited. Shareholders may increase these limits by properly structuring their debt especially shareholder guarantees of S corporation debt. This article focuses on critical shareholder missteps in the recent Tax Court and Seventh Circuit Court of Appeals cases of T.F. Grojean. Because of inadequate tax planning the Grojeans' S corporation pass-through losses were not allowed. The article concludes with a summary of lessons S corporation shareholders can learn from the Grojeans' missteps.

Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Emergencia, Derecho , Justicia Y Seguridad Jurídica, Horacio M. Lynch

Horacio M. LYNCH

Análisis de la respuesta judicial a la crisis económica de 2002 involucrando, entre otras, las siguientes cuestiones: los amparos, su tramitación, y sus secuelas; la declaración de la inconstitucionalidad de oficio, "órdenes imposibles de cumplir", la colisión de derechos; y cuestiones político institucionales, como la gobernabilidad y el gobierno de los jueces.

Heretic: Copyright Law And Dramatic Works, Matthew Rimmer

Matthew Rimmer

The production of the play Heretic in 1996 prompted a debate over copyright and the dramatic arts in Australia. The playwright David Williamson argued that the role of the writer was supreme. Although he was willing to acknowledge the contributions of other collaborators, the playwright did not believe that these interpreters deserved copyright protection. The director Wayne Harrison advocated a more collaborative vision of the performing arts. He believed that the role of the director and the position of the producer deserved greater legal recognition. Furthermore he was also willing to countenance limited rights for performers. This article argues that …

Los Grupos De Empresas En El Mundo, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.