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Articles 181 - 210 of 8338
Full-Text Articles in Law
Criminal Copyright Infringement, I. Trotter Hardy
Criminal Copyright Infringement, I. Trotter Hardy
William & Mary Bill of Rights Journal
No abstract provided.
Re-Evaluating Large Multiple-Defendant Criminal Prosecutions, Paul Marcus
Re-Evaluating Large Multiple-Defendant Criminal Prosecutions, Paul Marcus
William & Mary Bill of Rights Journal
No abstract provided.
Can The "Public Interest" Justify Non-Consensual Searches Of Homes In Bankruptcy Cases?, A. Mechele Dickerson
Can The "Public Interest" Justify Non-Consensual Searches Of Homes In Bankruptcy Cases?, A. Mechele Dickerson
William & Mary Bill of Rights Journal
No abstract provided.
Political Pluralism And Its Constitutional Impact On Criminal Procedure Protections In China: A Philiosophical Evolution From Li To Fa And From Collectivism To Individualism, Robert Bejesky
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
International Patent Rights And Biotechnology: Should The United States Promote Technology Transfer To Developing Countries, Tara Kowalski
International Patent Rights And Biotechnology: Should The United States Promote Technology Transfer To Developing Countries, Tara Kowalski
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Self-Determination And The Legality Of Biafra's Secession Under International Law, Pius L. Okoronkwo
Self-Determination And The Legality Of Biafra's Secession Under International Law, Pius L. Okoronkwo
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Beans, Beans, The Patented Fruit: The Growing International Conflict Over The Ownership Of Life, Erin Donovan
Beans, Beans, The Patented Fruit: The Growing International Conflict Over The Ownership Of Life, Erin Donovan
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Rico Vs. 416-Bis: A Comparison Of U.S. And Italian Anti-Organized Crime Legislation, Benjamin Scotti
Rico Vs. 416-Bis: A Comparison Of U.S. And Italian Anti-Organized Crime Legislation, Benjamin Scotti
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga
International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga
LLM Theses and Essays
Corporate governance has become a bonafide subset of company’s law that is concerned with who directs the company and for whose benefit. Its application varies in countries found in the main legal jurisdictions of common and civil law. This thesis identifies these differences by highlighting national corporate governance systems existing in Germany, Japan, United Kingdom and United States. Together, these countries represent systems adopted by several countries located on all continents. Increased cross border investment in this era of globalization has been significantly affected by these governance systems. The thesis shows the reasons why investors, multinational corporations and nations have …
Conflict Of Laws In The Enforcement Of Foreign Awards And Foreign Judgments: The Public Policy Defense And Practice In U.S. Courts, Anupama Parameshwaran
Conflict Of Laws In The Enforcement Of Foreign Awards And Foreign Judgments: The Public Policy Defense And Practice In U.S. Courts, Anupama Parameshwaran
LLM Theses and Essays
Public policy is one of the defenses that a court or a party may invoke in order to resist enforcement of an unjust foreign award or judgment. The purpose of this study is to analyze the status of the public policy as a defense to enforcement in the U.S and to examine its success rate. The thesis will contain suggestions to make public policy a more meaningful defense with respect to the enforcement of foreign judgments and its role in bringing about uniformity in the field of foreign judgments will be analyzed.
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes
Michigan Law Review
Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today . . . the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that. " Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It …
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
Michigan Law Review
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, …
Reply: Criminal Law's Pathology, William J. Stuntz
Reply: Criminal Law's Pathology, William J. Stuntz
Michigan Law Review
I thank Kyron Huigens for devoting his time and his considerable talent to responding to my article, The Pathological Politics of Criminal Law. I also thank editors of the Michigan Law Review for giving me the opportunity to reply. It is best to begin by defining the contested territory. Huigens and I agree (I think) on three propositions. First, American criminal law, both federal and state, is very broad; it covers a great deal more conduct than most people would expect. Second, American criminal law is very deep: that which it criminalizes, it criminalizes repeatedly, so that a single …
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Michigan Law Review
When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Appendix B: A History Of United States Navy Regulationsgoverning The Use Of Force To Protect Thelives And Property Of Nationals Abroad (Volume 77)
International Law Studies
No abstract provided.
A Public Trust Argument For Public Access To Private Conservation Land, Sarah C. Smith
A Public Trust Argument For Public Access To Private Conservation Land, Sarah C. Smith
Duke Law Journal
No abstract provided.
The Juvenile Death Penalty And International Law, Curtis A. Bradley
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 …
Diplomats Or Defendants? Defining The Future Of Head-Of-State Immunity, Michael A. Tunks
Diplomats Or Defendants? Defining The Future Of Head-Of-State Immunity, Michael A. Tunks
Duke Law Journal
No abstract provided.
Rational Custom, Edward T. Swaine
Rational Custom, Edward T. Swaine
Duke Law Journal
Customary international law is understood to require that state practices be followed from a sense of legal obligation, though international lawyers have long puzzled over how those obligations come into being. Recent work applying rational choice theory suggests, unsettlingly, that the entire inquiry is misconceived: practices commonly attributed to obligations are merely behavioral regularities that arise from intersecting state interests, and the role of legal obligations is minimal at best. This Article attempts to explain how the rational choice critique and traditional doctrine may be reconciled. Rational choice theory, it is argued, responds to a genuine problem in the existing …
Dec. 2002, Cao. Insuring Responsible Investments. Rev Of Miga's Envtl Soc. Proc., Cao
Dec. 2002, Cao. Insuring Responsible Investments. Rev Of Miga's Envtl Soc. Proc., Cao
CAO General 1999-Present
No abstract provided.
An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil
An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil
Articles
No abstract provided.
Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens
Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens
Articles
No abstract provided.
What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens
What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens
Articles
No abstract provided.
The First "Establishment" Clause: Article Vii And The Post-Constitutional Confederation, Gary S. Lawson, Guy I. Seidman
The First "Establishment" Clause: Article Vii And The Post-Constitutional Confederation, Gary S. Lawson, Guy I. Seidman
Faculty Scholarship
It is a great pleasure for academics to realize that fellow scholars sometimes read their work and take it seriously. We are genuinely flattered that Vasan Kesavan has chosen to comment on our article, When Did the Constitution Become Law?,1 and has done so with the intellectual rigor and generosity of spirit that characterizes his prodigious scholarship. 2 We are grateful to Mr. Kesavan for engaging us and grateful to the Notre Dame Law Review for accommodating the dialogue.
Legal Environment For Technology Transfer In Taiwan, Kung-Chung Liu
Legal Environment For Technology Transfer In Taiwan, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
In an effort to become an industrialized country, Taiwan, the Republic of China (ROC) has relied heavily on technology transfers and investment from abroad. The Taiwanese government adopted a heavy-handed policy of regulating investments made by foreigners and overseas Chinese in 1954. These policies include the Foreigner Investment Act (FIA) and the Overseas Chinese Investment Act (OCIA), which require all foreigners and overseas Chinese to obtain the Ministry of Economic Affairs (MOEA) approval prior to making any investments.1 Such investments may also be in the form of patents, trademarks, copyright, know-how, and other intellectual property (IP).2 In 1962, the Technology …
Independent External Review Of Health Maintenance Organizations' Medical-Necessity Decisions, Wendy K. Mariner
Independent External Review Of Health Maintenance Organizations' Medical-Necessity Decisions, Wendy K. Mariner
Faculty Scholarship
States may have more freedom to regulate the practices of managed-care organizations than many observers previously believed. In the absence of congressional action on the federal Bipartisan Patient Protection Act, the primary source of patient-protection legislation remains at the state level. Nevertheless, the federal Employee Retirement Income Security Act (ERISA) of 19742restricts state regulation of health maintenance organizations (HMOs) that serve private employee group health plans. On June 20, 2002, the U.S. Supreme Court, in Rush Prudential HMO, Inc. v. Moran, upheld an Illinois state law that requires binding independent external review when an HMO disagrees with the …
Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk
Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.