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2002

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Articles 1 - 30 of 4092

Full-Text Articles in Law

Mom & Pop V. Dot-Com: A Disparity In Taxation Based On How You Shop?, Jaime Klima Dec 2002

Mom & Pop V. Dot-Com: A Disparity In Taxation Based On How You Shop?, Jaime Klima

Duke Law & Technology Review

With the extension of the Internet Tax Freedom Act, concern has resurfaced over whether and when shoppers will be forced to pay state sales taxes on purchases made over the Internet. In fact, consumers should be paying sales tax on all Internet purchases, though few actually do. This iBrief explores the current law on taxation of e-commerce purchases and argues that small modifications by state tax administrators will align the tax treatment of mom & pop stores and e-retailers.


Patentable Subject [Anti]Matter, Kristoffer Leftwich Dec 2002

Patentable Subject [Anti]Matter, Kristoffer Leftwich

Duke Law & Technology Review

The statements, "The laws of nature," "the principles of nature," "the fundamental truths," etc., are not patentable, have been oft repeated but seldom understandingly used. They have led to misunderstanding and much confusion, not limited to members of the bar. In fact, the words... are all words of broad and also elastic meaning and are frequently used carelessly and without any attempt at refined distinctions.


Trends. The Paradise Hotel Bombing: Trouble In Judicial Paradise, Ibpp Editor Dec 2002

Trends. The Paradise Hotel Bombing: Trouble In Judicial Paradise, Ibpp Editor

International Bulletin of Political Psychology

This article discussed the bombing of the Kenyan Hotel Paradise in November 2002, and the detention of suspects.


Cases, Regulations, And Statutes, Robert P. Achenbach Jr Dec 2002

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

Agricultural Law Digest

No abstract provided.


When Are Livestock Exchanges "Like-Kind"?, Neil E. Harl Dec 2002

When Are Livestock Exchanges "Like-Kind"?, Neil E. Harl

Agricultural Law Digest

Although less common than like-kind exchanges of real estate or machinery, exchanges of livestock appear to be occurring more frequently in recent years. Except for the statutory bar for exchanges of livestock of different sexes, the rules governing livestock exchanges are less well known. The regulations adopted in 1991 have provided more definitive guidelines for like-kind exchanges of livestock (and other assets) than were available previously.


Index To Volume 13, Nos. 1-24, Agricultural Law Digest Dec 2002

Index To Volume 13, Nos. 1-24, Agricultural Law Digest

Agricultural Law Digest

No abstract provided.


Defining A New Ethical Standard For Human In Vitro Embryos In The Context Of Stem Cell Research, Sina A. Muscati Dec 2002

Defining A New Ethical Standard For Human In Vitro Embryos In The Context Of Stem Cell Research, Sina A. Muscati

Duke Law & Technology Review

This iBrief discusses some of the social, ethical and legal considerations surrounding the use of unimplanted, in vitro embryos in stem cell research. It proposes that a new ethical standard be elucidated for these embryos. The iBrief gives an overview of two proposals for such a standard at opposite ends of the spectrum: treating the in vitro embryo as a legal person versus treating it as mere property. It argues against both approaches. The former can have undesirable social implications including undue interference with female reproductive autonomy, while the latter would objectify potential human life and reproductive potential. The iBrief ...


Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh Dec 2002

Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh

Duke Law & Technology Review

[I]f a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributor is contributorially responsible for any harm done as a result of the deceit.


Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi Dec 2002

Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi

Federal Communications Law Journal

One issue that is often overlooked in the capital punishment debate is the policy to shield the public from the specifics of the application, administration, and resolution of the death sentence. First, this Note provides a brief historical and analytical account of capital punishment in this country, and ultimately argues that this historical backdrop forces courts to characterize regulations as content-based distinctions on free speech. Second, this Note provides a background of the methods of capital punishment from the time of the country's founding through the early parts of the twentieth century. Furthermore, this Note will address the emergence ...


Enhancing Competition:Are Proposed Federal Communications Commission Rules That Treat Local Exchange Carrier Access To Multiple Tenant Environments A Taking?, Kathryn Gordon Dec 2002

Enhancing Competition:Are Proposed Federal Communications Commission Rules That Treat Local Exchange Carrier Access To Multiple Tenant Environments A Taking?, Kathryn Gordon

Federal Communications Law Journal

The Telecommunications Act of 1996 marked a fundamental change in the attitudes of Congress and the Federal Communications Commission toward local telephone exchange carrier policy. This change affected local exchange carriers in many ways, including their relationships with the owners of multiple tenant environments, such as office buildings and apartment complexes. Under the Act, FCC rulemaking increased competitive local exchange carriers' access to the facilities of incumbent local exchange carriers by removing competition barriers. However, owners of of multiple tenant environments can also act as barriers to local exchange carrier competition. This Note will first review the general purpose behind ...


Rational Actors, Self-Defense, And Duress: Making Sense, Not Syndromes, Out Of The Battered Woman, Alafair S. Burke Dec 2002

Rational Actors, Self-Defense, And Duress: Making Sense, Not Syndromes, Out Of The Battered Woman, Alafair S. Burke

North Carolina Law Review

No abstract provided.


Making And Keeping Regulatory Promises, Warren G. Lavey Dec 2002

Making And Keeping Regulatory Promises, Warren G. Lavey

Federal Communications Law Journal

Multiyear regulatory commitments, or their absence, are an important part of the functioning of the telecommunications services and products industries. In this Article, Warren G. Lavey argues that, under some conditions, it is both possible and beneficial for regulators to commit to a well-defined, multiyear sequence of regulatory changes. First, this Article examines several examples of how efforts for comprehensive reform fared in real multiyear implementations. It also explores how some piecemeal regulatory changes evolved into efforts for comprehensive reform based on a well-defined sequence. This Article considers the effects of multiyear regulatory promises through analysis of several regulatory actions ...


The Doctrine Of Humanitarian Intervention In Light Of Robust Peacekeeping, T Modibo Ocran Dec 2002

The Doctrine Of Humanitarian Intervention In Light Of Robust Peacekeeping, T Modibo Ocran

Boston College International and Comparative Law Review

Since the 19th century, humanitarian interventions have often been treated as suspect because they may be used as mere vehicles for national aggrandizement, imposition of puppets in power, or for the institution of political and economic systems detested by the indigenous population. However, it is also recognized that atrocities do occur within states, which shock the conscience of humankind and trigger the urge to intervene to save defenseless people from carnage, starvation, and other inhuman conditions. The problem is to identify a set of criteria and forms of behavior that will enable us to distinguish between intervention as aggression and ...


Escape Out The Back Door Or Charge In The Front Door: U.S Reactions To The International Criminal Court, Roseann M. Latore Dec 2002

Escape Out The Back Door Or Charge In The Front Door: U.S Reactions To The International Criminal Court, Roseann M. Latore

Boston College International and Comparative Law Review

In the last days of his administration, former President Clinton made the United States a signatory to the Rome Treaty for the International Criminal Court, an unexpected move that allowed the United States to continue to participate in the shaping of the court. However, the signature neither indicated approval of the court nor the United States' willingness to be a full participant in it. Instead, many arguments against the participation of the United States exist, and the chances of ratification by the Congress are slim. This Note analyzes the United States' attempts to exempt itself from the Rome Treaty and ...


Old Habits Die Hard: Aleksandr Nikitin, The European Court Of Human Rights, And Criminal Procedure In The Russian Federation, Alexander Severance Dec 2002

Old Habits Die Hard: Aleksandr Nikitin, The European Court Of Human Rights, And Criminal Procedure In The Russian Federation, Alexander Severance

Boston College International and Comparative Law Review

With the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Russian Federation agreed to subject itself to international scrutiny through the European Court of Human Rights. The Russian Federation's espionage case against Aleksandr Nikitin provides an illustrative example of the conflict between the Russian Federation's new treaty obligations and its existing Code of Criminal Procedure. The Nikitin case illustrates the shift of some power from Russia's executive branch to its judicial branch, and a move towards the rule of law. This Note concludes that the Code of Criminal Procedure must be ...


Extraterritorial Jurisdiction And Sovereign Immunity On Trial: Noriega, Pinochet, And Milosevic – Trends In Political Accountability And Transnational Criminal Law, Adam Isaac Hasson Dec 2002

Extraterritorial Jurisdiction And Sovereign Immunity On Trial: Noriega, Pinochet, And Milosevic – Trends In Political Accountability And Transnational Criminal Law, Adam Isaac Hasson

Boston College International and Comparative Law Review

Prosecutions of former heads of state are becoming increasingly common. In 1990, the United States arrested and convicted General Manuel Noriega, the Panamanian leader, on drug charges. United States v. Noriega set a powerful precedent, rejecting traditional immunity and jurisdiction defenses. In recent years, domestic and international tribunals alike have similarly exercised jurisdiction over foreign leaders, such as Augosto Pinochet and Slobodan Milosevic. While many in the international community praise these recent developments, others warn of the erosion of national sovereignty and justice without limits.


The U.S. Supreme Court Addresses The Child Pornography Prevention Act And Child Online Protection Act In Ashcroft V. Free Speech Coalition And Ashcroft V. American Civil Liberties Union, Sue Ann Mota Dec 2002

The U.S. Supreme Court Addresses The Child Pornography Prevention Act And Child Online Protection Act In Ashcroft V. Free Speech Coalition And Ashcroft V. American Civil Liberties Union, Sue Ann Mota

Federal Communications Law Journal

Both the Child Pornography Prevention Act ("CPPA") and the Child Online Protection Act ("COPA") were intended by Congress to protect minors. The CPPA was intended to protect minors from the harmful effects of virtual child pornography. The COPA was intended to protect minors from pornography currently available commercially on the World Wide Web. However, in 2002, the U.S. Supreme Court addressed the constitutionality of both statutes: The Court struck down sections of the CPPA as overbroad and unconstitutional in Ashcroft v. Free Speech Coalition. In Ashcroft v. ACLU, the Court upheld some sections of COPA as not unconstitutionally overbroad ...


The Long Road To Reform: An Analysis Of Foreign Investment Reform In Vietnam , Norman Brown Iv Dec 2002

The Long Road To Reform: An Analysis Of Foreign Investment Reform In Vietnam , Norman Brown Iv

Boston College International and Comparative Law Review

In the mid-1980s, Vietnam opened its borders to international investment in hopes of improving its economic atmosphere. The Vietnamese government launched new initiatives and passed new laws to facilitate and encourage Foreign Direct Investment in its ailing economy. However, after an examination of recent changes, this Note concludes that further reform is still required in order to encourage the necessary Foreign Direct Investment that will help aid Vietnam's feeble economy and allow it to prosper as the next great Asian economic power.


Austria: The 1999 Parliament Elections And The European Union Members’ Sanctions, Heather Berit Freeman Dec 2002

Austria: The 1999 Parliament Elections And The European Union Members’ Sanctions, Heather Berit Freeman

Boston College International and Comparative Law Review

The 1999 parliamentary elections in Austria sparked a fire of controversy in the European Union. Led by the far-right activist Joerg Haider, the Freedom Party achieved a second place victory, causing leaders and activists to voice their concerns about Austria's future. Acting on that apprehension, the individual members of the European Union joined together to issue diplomatic sanctions against Austria, an unprecedented action. When the sanctions were lifted in September, 2000, the European Union was left to reexamine its role and to determine whether to amend its founding treaties to reflect any changes in the relationship between the government ...


International Civil Litigation In China: A Practical Analysis Of The Chinese Judicial System, Mo Zhang Dec 2002

International Civil Litigation In China: A Practical Analysis Of The Chinese Judicial System, Mo Zhang

Boston College International and Comparative Law Review

In recent years, international civil litigation in China has been on the rise. This trend will inevitably continue with China's entry into the World Trade Organization. Given the increase of foreign businesses in China, a better understanding of the Chinese judicial system becomes essential to protect foreign business interests. Jurisdiction, choice of law, and enforcement of judgments are three primary concerns of foreign parties seeking judicial relief and remedies in China. Questions commonly asked include: what are the bases for a Chinese People's Court to assert jurisdiction over foreign parties; what are the standards to determine judicial competence ...


Introduction, Sven Erik Holmes Dec 2002

Introduction, Sven Erik Holmes

Tulsa Law Review

No abstract provided.


Picture Perfect: The First Amendment Trumps Congress In Ashcroft V. Free Speech Coalition, Paul Finkelman Dec 2002

Picture Perfect: The First Amendment Trumps Congress In Ashcroft V. Free Speech Coalition, Paul Finkelman

Tulsa Law Review

No abstract provided.


Constitutional Prohibition On The Execution Of The Mentally Retarded Criminal Defendant, Lyn Entzeroth Dec 2002

Constitutional Prohibition On The Execution Of The Mentally Retarded Criminal Defendant, Lyn Entzeroth

Tulsa Law Review

No abstract provided.


School Vouchers: The Educational Silver Bullet, Or An Ideological Blank Round, Gary D. Allison Dec 2002

School Vouchers: The Educational Silver Bullet, Or An Ideological Blank Round, Gary D. Allison

Tulsa Law Review

No abstract provided.


Employment Rights And Wrongs: Ada Issues In The 2001-2002 Supreme Court Term, Barbara K. Bucholtz Dec 2002

Employment Rights And Wrongs: Ada Issues In The 2001-2002 Supreme Court Term, Barbara K. Bucholtz

Tulsa Law Review

No abstract provided.


The Seatbelt Defense: A Doctrine Based In Common Sense, Jesse N. Bomer Dec 2002

The Seatbelt Defense: A Doctrine Based In Common Sense, Jesse N. Bomer

Tulsa Law Review

No abstract provided.


Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman Dec 2002

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

William & Mary Law Review

No abstract provided.


An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil Dec 2002

An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil

William & Mary Law Review

No abstract provided.


Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois Dec 2002

Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois

William & Mary Law Review

No abstract provided.


The Juvenile Death Penalty And International Law, Curtis A. Bradley Dec 2002

The Juvenile Death Penalty And International Law, Curtis A. Bradley

Duke Law Journal

The United States is almost alone among nations in permitting the execution of juvenile offenders. Citing this fact, along with a variety of legal and historical materials, litigants and scholars are increasingly claiming that the United States' use of the juvenile death penalty violates international law. This Article examines the validity of this claim, from the perspective of both the international legal system and the U. S. legal system. Based on a detailed examination of the United States' interaction with treaty regimes and international institutions since the late 1940s, the Article concludes that the international law arguments against the juvenile ...