Law Commons^™

Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Computer Attacks On Critical National Infrastructure: A Use Of Force Invoking The Right Of Self-Defense, Eric Talbot Jensen

Faculty Scholarship

Computer networks create tremendously increased capabilities but also represent equally increased vulnerabilities. These vulnerabilites are especially acute in relation to potential attacks on critical national infrasturucture. This Article proposes that international law must evolve to recognize that attacks against a nation's critical national infrastructure from any source constitute a use of force. Such attacks, therefore, give the victim state the right to proportional self-defense - including anticipatory self-defense - even if the computer network attack is not an armed attack under Article 51 of the United Nations Charter. Due to the instantaneous nature of computer network attacks, the right to …

Addressing Major Maritime Security Issues Of Global, Regional And National Significances : Law And Policy Implications In The Context Of China, Yingping Li

World Maritime University Dissertations

No abstract provided.

A Study Of The Application Of Utmost Good Faith Principle Under The English Marine Insurance Law : Legal Review And Practical Solutions, Rahman Fajriyansah

World Maritime University Dissertations

No abstract provided.

Conflicting Territorial Claims In The South China Sea, Jean Ver Pugal Pia

World Maritime University Dissertations

No abstract provided.

The Role And Responsibility Of Minor Stakeholders In The Elimination Of Substandard Shipping : A Critical Analysis, Wayne A. Mykoo

World Maritime University Dissertations

No abstract provided.

Marine Oil Pollution Legislation For The Gulf Of Guinea, Aka Aloysius Tazi

World Maritime University Dissertations

No abstract provided.

Zonstien V. Judge-Advocate General, Aharon Barak, Dorit Beinisch, Ayala Procaccia

Translated Opinions

Facts: Petitioners are reserve soldiers in the IDF, who refused to serve in the Administered Territories. They were subject to disciplinary proceedings, and were sentenced to their respective punishments. The subject of this petition is the decision of the Minister of Defense not to grant the petitioners an exemption from military reserve service.

Held: The Supreme Court held that exemptions from military service may be granted according to the discretion of the Minister of Defense, pursuant to section 26 of the Defense Service Law (Consolidated Version)-1986. The Court held that the question of granting exemptions to military service based on …

Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy

All Faculty Scholarship

Over the past few months, we have learned much about the violent, troubled life of sniper suspect John Allen Muhammad. Whether or not he pulled the trigger - some recent reports have pointed to his 17-year-old companion Lee Boyd Malvo as the main shooter - there is no doubt in the minds of domestic-violence experts that this adult is responsible for these deaths.

While many pundits conclude that we will never know what motivated the sniper suspect, to domestic violence experts his is an all-too-familiar story of a man whose relationships with the women and children - possibly including Malvo …

Appeal No. 0709: Valley Enterprises V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2002-11

Back To The 1930s? The Shaky Case For Exempting Dividends, Reuven S. Avi-Yonah

Articles

This article is based in part on the author’s U.S. Branch Report for Subject I of the 2003 Annual Congress of the International Fiscal Association, to be held next year in Sydney, Australia (forthcoming in Cahiers de droit fiscal international, 2003). He would like to thank Emil Sunley for his helpful comments on that earlier version, and Steve Bank, Michael Barr, David Bradford, Michael Graetz, and David Hasen for comments on this version. Special thanks are due to Yoram Keinan for his meticulous work on the EU regimes (see Appendix). All errors are the author’s. In this report, Prof. Avi-Yonah …

Information Technology And U.S. Legal Education: Opportunities, Challenges, And Threats, Peter W. Martin

Journal of Legal Education

No abstract provided.

The Cost And Financing Of Legal Education, John A. Sebert

Journal of Legal Education

No abstract provided.

Recent Trends In Higher Education: Accountability, Efficiency, Technology, And Governance, John L. Lahey, Janice C. Griffith

Journal of Legal Education

No abstract provided.

Broadening Scholarship: Embracing Law Reform And Justice, Douglas L. Colbert

Journal of Legal Education

No abstract provided.

Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Tracey E. George, Chris Guthrie

Journal of Legal Education

No abstract provided.

Lost Maxims Of Equity, Eugene Volokh

Journal of Legal Education

No abstract provided.

Foreword: Out-Of-The-Box Dialogs, John B. Attanasio

Journal of Legal Education

No abstract provided.

The Structure Of Legal Education And The Legal Profession, Multidisciplinary Practice, Competition, And Globalization, Mary C. Daly

Journal of Legal Education

No abstract provided.

Diversity In Legal Education: A Broader View, A Deeper Commitment, Cruz Reynoso, Cory Amron

Journal of Legal Education

No abstract provided.

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.

Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article tells the story of the town of Warwick, a rapidly developing town in Orange County, New York, made up of three separate villages. Warwick’s proactive measures to prevent the sprawl development phenomenon through the use of an intermunicipal compact was met with much opposition by the three individual village governments, as well as individual citizens. Through the use of mediation, a popular alternative resolution dispute method, representatives from the villages negotiated an intermunicpal plan that satisfied the needs all three villages, while still meeting the original objectives of preserving open space, scenic views, and agricultural lands.

Yassin V. Ben-David, Aharon Barak, Dorit Beinisch, Izhak Englard

Translated Opinions

Facts: In the context of IDF operations against the terrorist infrastructure in areas of the Palestinian Authority (“Operation Defensive Wall”), thousands of suspects were detained. Due to overcrowding, some of these petitioners were transferred to the Kziot detention facility in the Negev region. Most of the detainees were detained pursuant to administrative detention orders. This petition concerns the detention conditions of these detainees.

Held: The Supreme Court held that the presumption of innocence should be applied to the detainees, as they are being held under administrative detention orders, and have neither been tried nor convicted. The Court further held that …

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

International Bulletin of Political Psychology

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

After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.

2002 Academic Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University

NSU Commencement Programs

No abstract provided.

Interview Of Bernard Norwood Conducted By Alfred Reifman On December 13, 2002, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

No abstract provided.

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 …

Vol. 23, No. 15 (December 9, 2002)

Indiana Law Annotated

No abstract provided.