Law Commons^™

Transboundary Watersheds: Changing Environments And Streams Of Thought [Abstract], Roger S. Pulwarty, Robert Varady, Leah Stauber

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.

Allocating Tradeable Rights In Water: Lessons From Australia’S Recent Experience In Water Law Reform [Abstract], Poh-Ling Tan

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

1 page.

Aljs In State-Local Tax Cases: To Whom Is Deference Due?, Steve R. Johnson

Scholarly Publications

This installment of the column reports on an interesting recent Nevada sales tax case, State Dep’t of Taxation v. Masco Builder Cabinet Group. The case involved two issues: (1) whether the Department of Taxation gave appropriate deference to the findings and conclusions of the administrative law judge who had originally heard the case, and (2) whether the principle of equitable tolling applied to extend the statute of limitations period for the taxpayer’s refund claims. The taxpayer, represented by attorney Brett Whipple, prevailed in the Nevada Supreme Court on both issues.

The first part below develops the facts of Masco …

Unemployment Insurance Overpayments And Underpayments, Stephen A. Woodbury

Testimonies

No abstract provided.

Average Wholesale Price For Prescription Drugs: Is There A More Appropriate Pricing Mechanism?, Dawn Gencarelli

National Health Policy Forum

This paper defines the average wholesale price (AWP), an important benchmark for prescription drug pricing and reimbursement. The paper briefly explains the AWP's various uses in the pricing of prescription drugs, highlights some of the problems that have emerged as a result of the way it is reported and used, and explores some of the possibilities for reform. The paper also contains a glossary of commonly used terms, as well as an appendix that lists the state Medicaid reimbursement formulas.

2002 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises:

Processional:

Herbert C. Dobrinsky, EdD, Vice President for University Affairs, Yeshiva University; Herald

Michael E. Herz, JD, Professor of Law, Benjamin N. Cardozo School of Law; Head Marshal

Presiding:

Morton Lowengrub, PhD, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Norman Lamm, PhD, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, PsyD, The Jewish Center, New York City; Yeshiva College '83, Ferkauf Graduate School of Psychology '85

Invocation:

Rabbi Michael S. Miller, MS, The Jewish Community Relations Council; Yeshiva College '71, Bernard Revel Graduate School of Jewish Studies '76

Welcome:

David Rudenstine, JD, Dean, Benjamin …

Zuni Indian Tribe Water Rights Settlement In The Little Co River Basin, Zuni Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin (June 7. 2002) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville.

The Agreement resolves the Zuni Indian Tribe water rights in the Little CO River basin, AZ. The Zuni Tribe intends to reestablish and maintain the wetland environment …

The Extraterritorial Reach Of Trademarks On The Internet, Yelena Simonyuk

Duke Law & Technology Review

The advent of the Internet means incredible opportunity for global interaction. Consumers in Asia can buy from a small business in Louisiana, and businesses can advertise to a much wider market for a fraction of the cost of traditional media. But these benefits come with a dilemma: what to do about trademark infringement on the Internet. In a virtual world with no borders, what (and where) is the law?

Contracting For Quality: Medicare's Quality Improvement Organizations, Lisa Sprague

National Health Policy Forum

This paper examines the role of quality improvement organizations (QIOs, formerly known as PROs, or peer review organizations) in improving the quality of medical care delivered to Medicare beneficiaries in both fee-for-service and managed care environments. It looks at the expansion of the QIOs' portfolio in their seventh contract cycle to include quality improvement activities in nursing homes, home health services, and physicians' offices as well as responsibilities for public education. The paper explores the evolution of QIOs, changes in their priorities over time, and the projects in which they are engaged. It also considers their role in the formulation …

The Enola Bean Patent Controversy: Biopiracy, Novelty And Fish-And-Chips, Gillian N. Rattray

Duke Law & Technology Review

Should traditional knowledge be patentable? As the number of patents filed by large corporations for native crops has increased, activists have become concerned about the economic effects of these patents on indigenous people. This iBrief discusses the attempts by one group of activists to test the validity of such patents in the United States and explores the issue of biopiracy in the Third World.

Nit-Picking Or Significant Contract Choices?-Part Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The March 2002 Scrivener asked readers for feedback about how to distinguish nit-picking from requests for significant word changes in an agreement. The majority of respondents believed that the examples provided in the March article raised legitimate concerns. The July 2002 Scrivener will address those specific revisions quoted in the March article. This June article focuses on readers' general comments about crafting agreements to avoid nit-picking.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Federal Preemption And The Aea: How Federal Preemption Law "Nukes" State Law That Affects Nuclear Waste, Scott S. Smith

Journal of Environmental and Sustainability Law

No abstract provided.

Enforceability Of Sale Contracts When Environmental Contamination Is Found: Legal Breach Of Contract? Contract Freighters, Inc. V. J.B. Hunt Transport, Inc., M. Katherine Freed

Journal of Environmental and Sustainability Law

No abstract provided.

The Ninth Circuit's "Take" On Incidental Take Statements: A Step In The Wrong Direction? Arizona Cattle Growers' Assn. V. U.S. Fish & Wildlife, Bureau Of Land Mgt., Daron G. Garey

Journal of Environmental and Sustainability Law

No abstract provided.

Legislative Update

Journal of Environmental and Sustainability Law

No abstract provided.

You Can't Do That Anymore: Establishing And Limiting Nonconforming Uses In Missouri Zoning Law. Rose V. Board Of Zoning Adjustment, Jeffrey R. Schmitt

Journal of Environmental and Sustainability Law

No abstract provided.

Form Over Substance?: Officer Certification And The Promise Of Enhanced Personal Accountability Under The Sarbanes-Oxley Act, Lisa M. Fairfax

Faculty Scholarship

This article argues that the requirement under the Sarbanes-Oxley Act (the “Act”) that particular officers certify the accuracy of the financial information contained in their company’s periodic reports fails to alter significantly existing standards of liability for officers who signed or approved such reports prior to the Act’s passage. This failure creates cause for concern about the Act’s potential to meet its objectives. Indeed, the certification requirement represents one of the Act’s principal symbols of officer personal accountability. By demonstrating that the requirement may only be symbolic, my article questions whether the Act can impact the behavior of corporate officers, …

Death As Deterrent Or Prosecutorial Tool? Examining The Impact Of Louisiana’S Child Rape Law, Angela Crews

Criminal Justice Faculty Research

This project measures the impact of a 1995 amendment to Louisiana’s aggravated rape statute that allows juries to consider imposing the death penalty for convicted child rapists. Preamendment populations of cases from two large parishes (counties) were compared to postamendment populations of cases. In addition, 40 individual case files were randomly selected and reviewed. Variables measuring certainty, severity, and swiftness of punishment were compared. The only significant change was the reduction of trials, which may be linked to an increased propensity for plea agreements, dismissals, and charge reductions. In general, offenders initially charged with aggravated rape of a child seemed …

Unh Law Alumni Magazine, Summer 2002, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Case Summary

Journal of Environmental and Sustainability Law

No abstract provided.

No Looking Back: The Western District Court Of Appeals Declares That Missouri's Creation Of A 303(D) List Does Not Qualify As Rulemaking. Missouri Soybean Association V. Missouri Clean Water Commission, Steven J. Blair

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental News

Journal of Environmental and Sustainability Law

No abstract provided.

Summary Of The Outcome Of The Discussion In Commission Ii Of The First Part Of The Diplomatic Conference 6–20 June 2001, Interim Text, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

8th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 8th Biennial Employment Law Institute held by UK/CLE in June 2002.

What—If Anything—Is An E-Mail? Applying Alaska’S Civil Discovery Rules To E-Mail Production, Jonathan B. Ealy, Aaron M. Schutt

Alaska Law Review

No abstract provided.

Key Disclosure Issues For Life Sciences Companies: Fda Product Approval, Clinical Test Results, And Government Inspections, William O. Fisher

Michigan Telecommunications & Technology Law Review

The government, particularly the Food and Drug Administration ("FDA"), heavily regulates the life sciences industry. FDA actions can have an extraordinary influence on the fortunes of biotechnology companies. Timely FDA approval of a drug or medical device can permit a company to exploit an inviting market window. FDA product approval is, in turn, tied to clinical test results which demonstrate "efficacy" and safety. Delayed approval, unfavorable test results, or the denial of an FDA application may ruin a company. Beyond the FDA product approval process and related testing lie FDA inspections and the possibility that the government will investigate charges …

Comment: Now That We Know "The Way Forward," Let Us Stay The Course, Marc E. Hankin

Chicago-Kent Law Review

Mr. Hankin, a partner practicing intellectual property law in the Los Angeles Office of Gordon & Rees, LLP and the Chair of the American Bar Association Section of Intellectual Property Law's Committee on the Draft Hague Convention, comments on the Dreyfuss-Ginsburg proposal and its tension with current legal procedural norms and the Draft Hague Convention. Hankin argues that intellectual property law should not be treated differently procedurally from other forms of law and, accordingly, should not be subject to a special convention on procedure. Moreover, Hankin disagrees with the Dreyfuss-Ginsburg proposal's likely exclusion of patent litigation ("hard IP") from its …

The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma

Faculty Scholarship

No abstract provided.

Evaluation Of Florida’S Mental Health And Substance Abuse System Redesign Strategies: Year 1 Report, Jordan Neil, Julienne Giard, Pat Robinson, Rebecca Larsen, Mary Rose

Mental Health Law & Policy Faculty Publications

Under contract with the Department of Children and Families (DCF) and in accordance with the requirements of Senate Bill (SB)1258, the Louis de la Parte Florida Mental Health Institute (FMHI), University of South Florida, is conducting an ongoing formative evaluation of the financing strategies authorized to be implemented by the legislation. The demonstration sites that were selected were DCF District 1, including Escambia, Okaloosa, Santa Rosa and Walton Counties and DCF District 8, including Charlotte, Collier, Glades, Hendry and Lee Counties. FMHI’s role is to help identify the most effective methods and techniques used to manage, integrate, and deliver behavioral …