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2002

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Articles 6781 - 6810 of 8366

Full-Text Articles in Law

Observations And Recommendations Regarding Judicial Selection, Edwin Lloyd Pittman Jan 2002

Observations And Recommendations Regarding Judicial Selection, Edwin Lloyd Pittman

MC Law Review

Symposium - The Judicial Selection


The End Of Reasonableness In The Reasonableness Clause Atwater V. City Of Lago Vista, Diane M. Smith Jan 2002

The End Of Reasonableness In The Reasonableness Clause Atwater V. City Of Lago Vista, Diane M. Smith

MC Law Review

No abstract provided.


Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 20 (2002) Jan 2002

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 20 (2002)

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Aol Time Warner Foundation: Extending Internet Benefits To All, B. Keith Fulton Jan 2002

Aol Time Warner Foundation: Extending Internet Benefits To All, B. Keith Fulton

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Going To The Bullpen: Using Uncle Sam To Strike Out Professional Sports Violence, Kevin A. Fritz Jan 2002

Going To The Bullpen: Using Uncle Sam To Strike Out Professional Sports Violence, Kevin A. Fritz

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 20, Iss. 2 Jan 2002

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 20, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Distant Drumbeat: Why The Law Still Matters In The Information Era, Marci A. Hamilton Jan 2002

The Distant Drumbeat: Why The Law Still Matters In The Information Era, Marci A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Safe Harbors Against The Liability Hurricane: The Communications Decency Act And The Digital Millennium Copyright Act, Jonathan Band, Matthew Schruers Jan 2002

Safe Harbors Against The Liability Hurricane: The Communications Decency Act And The Digital Millennium Copyright Act, Jonathan Band, Matthew Schruers

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Internet Television And Copyright Licensing: Balancing Cents And Sensibility, Michael A. Einhorn Jan 2002

Internet Television And Copyright Licensing: Balancing Cents And Sensibility, Michael A. Einhorn

Cardozo Arts & Entertainment Law Journal

No abstract provided.


One Step Forward, Two Steps Back: An Historical Analysis Of Copyright Liability, Matt Jackson Jan 2002

One Step Forward, Two Steps Back: An Historical Analysis Of Copyright Liability, Matt Jackson

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Deep Pocket Dilemma: Setting The Parameters Of Talk Show Liability, Jason S. Schlessel Jan 2002

The Deep Pocket Dilemma: Setting The Parameters Of Talk Show Liability, Jason S. Schlessel

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Allchin's Folly: Exploding Some Myths About Open Source Software, Joseph Scott Miller Jan 2002

Allchin's Folly: Exploding Some Myths About Open Source Software, Joseph Scott Miller

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Knicks-Heat And The Appropriateness Of Sanctions In Sport, Robert L. Bard, Lewis Kurlantzic Jan 2002

Knicks-Heat And The Appropriateness Of Sanctions In Sport, Robert L. Bard, Lewis Kurlantzic

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Singing Machines: Boy Bands And The Struggle For Artistic Legitimacy, Maria A. Sanders Jan 2002

Singing Machines: Boy Bands And The Struggle For Artistic Legitimacy, Maria A. Sanders

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The New Basel Capital Accord: Making It Effective With Stronger Market Discipline, Harald Benink, Clas Wihlborg Jan 2002

The New Basel Capital Accord: Making It Effective With Stronger Market Discipline, Harald Benink, Clas Wihlborg

Business Faculty Articles and Research

In January 2001 the Basel Committee on Banking Supervision proposed a new capital adequacy framework to respond to deficiencies in the 1988 Capital Accord on credit risk. The main elements or ‘pillars’ of the proposal are capital requirements based on the internal risk-ratings of individual banks, expanded and active supervision, and information disclosure requirements to enhance market discipline. We discuss the incentive effects of the proposed regulation. In particular, we argue that it provides incentives for banks to develop new ways to evade the intended consequences of the proposed regulation. Supervision alone cannot prevent banks from ‘gaming and manipulation’ of …


Protecting Economic, Social And Cultural Rights In The Inter-American Human Rights System: A Manual On Presenting Claims, Tara J. Melish Jan 2002

Protecting Economic, Social And Cultural Rights In The Inter-American Human Rights System: A Manual On Presenting Claims, Tara J. Melish

Books

This book offers human rights practitioners and scholars a lens into strategies and arguments for the protection of economic, social and cultural rights before the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, particularly through the regional system's individual petitions process. It systematically compiles the regional bodies' major statements on social rights from the 1960s through 1999, describes the system's procedures, and offers strategic pathways and arguments for finding social rights protections solidly grounded in each of the regional system's major human rights instruments. It also offers a model petition and provides strategic advice on framing …


Unlocking Options For Women: A Survey Of Women At Cook County Jail, Samir Goswami Jan 2002

Unlocking Options For Women: A Survey Of Women At Cook County Jail, Samir Goswami

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


A Glance At The New Article 9 Secured Transaction, Nathalie Martin, Frederick M. Hart Jan 2002

A Glance At The New Article 9 Secured Transaction, Nathalie Martin, Frederick M. Hart

Faculty Scholarship

Those of us who teach a course on Article 9 of the Uniform Commercial Code (Secured Transactions) dreaded the approach of July I, 2001. On that day, a revised version of Article 9 became effective in New Mexico and most other states. The old notes had to be discarded. New materials had to be prepared, or at least the old ones had to be revised. Perhaps there would be some excitement in learning what the drafters had done, but more obvious was the effort needed to learn something new. Maybe it was time to retire. We have now taught the …


Merchants Of Discontent: An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara Piety Jan 2002

Merchants Of Discontent: An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Toward A "New Deal" For Copyright In The Information Age, Pamela Samuelson Jan 2002

Toward A "New Deal" For Copyright In The Information Age, Pamela Samuelson

Michigan Law Review

Jessica Litman believes the public needs a very good copyright lawyer, and if I have not mistaken her intentions, she is volunteering for the job (pp. 70-73). A century of Congressional deference to industry-negotiated compromises has produced, she argues, a copyright law that is both incomprehensible and unfair. This incomprehensibility might be tolerable if copyright law governed only commercial relations among industry participants, all of whom have copyright counsel. To the extent that copyright law applies to the conduct of ordinary persons, its incomprehensibility presents serious difficulties. Moreover, to the extent that copyright law makes illegal many ordinary activities of …


The Contested Right To Vote, Richard Briffault Jan 2002

The Contested Right To Vote, Richard Briffault

Michigan Law Review

For those who believe the United States is a representative democracy with a government elected by the people, the events of late 2000 must have been more than a little disconcerting. In the election for our most important public office - our only truly national office - the candidate who received the most popular votes was declared the loser while his second place opponent, who had received some 540,000 fewer votes, was the winner. This result turned on the outcome in Florida, where approximately 150,000 ballots cast were found not to contain valid votes. Further, due to flaws in ballot …


When Interests Diverge, Robert S. Chang, Peter Kwan Jan 2002

When Interests Diverge, Robert S. Chang, Peter Kwan

Michigan Law Review

In her recent book Cold War Civil Rights, Professor Mary L. Dudziak, sets forth "to explore the impact of Cold War foreign affairs on U.S. civil rights reform" (p. 14). Tracing "the emergence, the development, and the decline of Cold War foreign affairs as a factor in influencing civil rights policy" (p. 17), she draws "together Cold War history and civil rights history" (pp. 14-15), two areas that are usually treated as distinct subjects of inquiry. In mixing the two together, she shows that "the borders of U.S. history are not easily maintained." Perhaps it is fitting that the field …


Contract Rights And Civil Rights, Davison M. Douglas Jan 2002

Contract Rights And Civil Rights, Davison M. Douglas

Michigan Law Review

Have African Americans fared better under a scheme of freedom of contract or of government regulation of private employment relationships? Have court decisions striking down regulation of employment contracts on liberty of contract grounds aided black interests? Many contemporary observers, although with some notable dissenters, would respond that government regulation of freedom of contract, particularly the antidiscrimination provisions of Title VII of the Civil Rights Act of 1964, has benefited African Americans because it has restrained discriminatory conduct by private employers. Professor David E. Bernstein challenges the view that abrogation of freedom of contract has consistently benefited African Americans by …


Those Who Remember The Past May Not Be Condemned To Repeat It, Stephan Landsman Jan 2002

Those Who Remember The Past May Not Be Condemned To Repeat It, Stephan Landsman

Michigan Law Review

In The Hague, Slobodan Milosevic is on trial for crimes committed in Bosnia, Kosovo and Croatia; in Arusha, Tanzania, Jean Paul Akayasu, a Rwandan bourgmestre, was convicted of genocide; in London, Augusto Pinochet was detained and adjudged amenable to an arrest warrant issued by a Spanish magistrate for acts of torture carried out in Chile; in Belgium, a Hutu Roman Catholic former mother superior was convicted of complicity in the Rwandan genocide; and in Rome a treaty was signed commencing the process that will result in the creation of the International Criminal Court ("ICC"). All these events underscore the startling …


How The Corporation Conquered John Bull, A.W. Brian Simpson Jan 2002

How The Corporation Conquered John Bull, A.W. Brian Simpson

Michigan Law Review

This is a study of the evolution of the forms of business organization during the industrial revolution. Historians never fully agree about anything at all, and often with good reason, but there is really no doubt that the period covered by this book is one that saw major changes in agricultural and industrial production, and in commercial practice and organization. It is convenient to refer broadly to the changes which took place in terms of a revolution, industrial, agricultural, or less commonly, commercial in nature. Long before the starting date for this study, which is the date of the Bubble …


Pragmatism Regained, Christopher Kutz Jan 2002

Pragmatism Regained, Christopher Kutz

Michigan Law Review

Jules Coleman's The Practice of Principle serves as a focal point for current, newly intensified debates in legal theory, and provides some of the deepest, most sustained reflections on methodology that legal theory has seen. Coleman is one of the leading legal philosophers in the Anglo-American world, and his writings on tort theory, contract theory, the normative foundations of law and economics, social choice theory, and analytical jurisprudence have been the point of departure for much of the most interesting activity in the field for the last three decades. Indeed, the origin of this book lies in Oxford University's invitation …


Poverty And Equality: A Distant Mirror, Gene R. Nichol Jan 2002

Poverty And Equality: A Distant Mirror, Gene R. Nichol

Michigan Law Review

In one sense, Joel Schwartz's new effort, Fighting Poverty with Virtue, is tremendously timely. Bill Clinton's Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was designed to "end welfare as we know it," turning greater attention to poor people's habits than to their pocketbooks. George Bush's compassionate conservatism is meant to pick up the pace, overtly seeking "to save and change lives." The White House's ominously entitled "Office of Faith-Based and Community Initiatives" is apparently set to unleash new waves of moral reformers. Schwartz's book seeks to provide moral, philosophical and historical sustenance for these initiatives. He focuses on …


Horrible Holmes, Mathias Reimann Jan 2002

Horrible Holmes, Mathias Reimann

Michigan Law Review

Holmes has kept scholars busy for most of a century, and the resulting volume of literature about him is staggering. In that last twenty years along, we have been blessed with four biographies, four symposia, three new collections of his works, two volumes of essays, and various monographs, not to mention a multitude of free-standing law review articles. Since life is short, everyone who adds to the deluge, including Albert Alschuler with his new book, bears a heavy responsibility to make the expenditure of trees, library space, and reading time worthwhile. Does Law Without Values fulfill that responsibility? Despite the …


Marriage And Belonging, Ann Laquer Estin Jan 2002

Marriage And Belonging, Ann Laquer Estin

Michigan Law Review

Marriage is a quintessentially private institution. Justice Douglas put the point this way in 1965, writing for the Supreme Court in Griswold v. Connecticut: "We deal with a right of privacy older than the Bill of Rights - older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association …


The Electrical Deregulation Fiasco: Looking To Regulatory Federalism To Promote A Balance Between Markets And The Provision Of Public Goods, Jim Rossi Jan 2002

The Electrical Deregulation Fiasco: Looking To Regulatory Federalism To Promote A Balance Between Markets And The Provision Of Public Goods, Jim Rossi

Michigan Law Review

Over the last thirty years, regulators have deregulated just about every regulated industry. In no industry has deregulation raised as much fear and concern as in electric power markets. Even before the Enron debacle, a crisis that is more about the failures of corporate than regulatory law, it was clear that something had gone seriously wrong in the turn towards deregulation of electric power. Recent events in California are illustrative. In early 2000, consumers in California, the first state to deregulate retail power markets on a mass scale, saw repeated months of power interruptions. Many utility customers experienced a risk …