Law Commons^™

Management Of The National Grasslands, Elizabeth Howard

North Dakota Law Review

No abstract provided.

Insurance - Automobile Insurance: The North Dakota Supreme Court Rules That Head Of Household's Liability Under The Family Car Doctrine Is Not Necessarily Covered By His Automobile Insurance Policy, Mitchell D. Armstrong

North Dakota Law Review

No abstract provided.

The Law Of Environmental 'Ppms' In The Wto: Debunking The Myth Of Illegality, Steve Charnovitz

GW Law Faculty Publications & Other Works

This Article explains and appraises the WTO law of Processes and Production Methods (“PPMs”). A better understanding of the law and of how PPMs operate can help governments and stakeholders improve the management of outwardly directed PPMs. Governments presently have divergent views about WTO rules. These diverging views have led to an inside-out debate from which a political consensus cannot easily emerge. This Article examines the relevant WTO case law on the issue of PPMs and concludes that PPMs are, contrary to some commentators, not prohibited by the WTO. Finally, the Article shows how a correct legal reading may enable …

Triangulating The World Trade Organization, Steve Charnovitz

GW Law Faculty Publications & Other Works

This Article presents an analytic method for considering proposals to expand the scope of the WTO. In doing so, the Article organizes competing ideas concerning the rationale for the WTO and shows how varying assumptions can lead to different conclusions on the proper content of international trade law. This Article seeks to advance the debate by comparing these assumptions and also considering the key literature about trade linkage. The Article proceeds in three parts. Part I shows why the purpose of the WTO is not self-evident and how a framework can be useful for improving the debate about the organization's …

The Seventh Amendment Right To A Civil Jury Trial: The Supreme Court Giveth And The Supreme Court Taketh Away, Joan E. Schaffner

GW Law Faculty Publications & Other Works

This article examines the Supreme Court’s jurisprudence relating to the historic Seventh Amendment right to a jury trial. I describe the three-prong analysis that the Court employs, analyze the Court’s decisions that analyze the jury trial, and conclude that the Court’s decisions are consistent with its Seventh Amendment line of cases in which it emphasizes the preservation of the basic right to jury under the first inquiry, while it de-emphasizes the essence and scope of that right under the second and third inquiries.

Trans-Parliamentary Associations In Global Functional Agencies, Steve Charnovitz

GW Law Faculty Publications & Other Works

This article examines a new phenomenon, transparliamentary activism that focuses on particular international issues or international organizations. For example, the Parliamentary Conference on the World Bank. Such parliamentary organizing has a political significance beyond the usual transnational NGO activities because parliamentarians are elected officials. The transparliamentary activism discussed here differs from the traditional interparliamentary association going back over a hundred years. The article discusses the recent developments in the World Trade Organization and the World Bank.

Transitional Justice In Afghanistan: The Promise Of Mixed Tribunals, Laura T. Dickinson

GW Law Faculty Publications & Other Works

In the wake of the September 11th attacks on the World Trade Center and the Pentagon, how to apprehend, question, and punish the perpetrators remains a difficult question to answer. Moreover, the question of where, and how, to try suspects raises a series of deeper questions about the role of criminal accountability in times of conflict and war.

Scholars in the emerging field of transitional justice do not focus on the question of terrorism specifically, however, they study the ways in which societies that are attempting to confront past and lingering mass atrocities do so through a variety of means: …

Using Legal Process To Fight Terrorism: Detentions, Military Commissions, International Tribunals, And The Rule Of Law, Laura T. Dickinson

GW Law Faculty Publications & Other Works

Following the 9/11 terrorist attacks, those arguing that international law cannot serve as an effective tool in the fight against terrorism have grown. The ranks of international relations realists, who view international law primarily as a cover for strategic interests and thereby as lacking any independent bite, has swelled. In November 2001, President Bush issued an executive order asserting the authority to use military commissions to try individual terrorism suspects captured by the United States. Such commissions would be conducted unilaterally and would not be required to include procedural safeguards to protect the rights of the accused. This crisis has …

Patents For Environmentalists, F. Scott Kieff

GW Law Faculty Publications & Other Works

This essay, written for the National Association of Environmental Law Societies' (NAELS) annual meeting, explains how patent law operates generally with an emphasis on how it may impact the environment in particular. In so doing, the essay addresses from a patent perspective some representative concerns relating to patents that appear to be prevalent in the environmental literature and shows how the patent system may provide substantial benefit for those favoring the environment.

Current Issues In The Changing Roles And Practices Of Community Economic Development Lawyers, Susan R. Jones

GW Law Faculty Publications & Other Works

This Article, part of a symposium entitled "Lawyering for a New Democracy," explores current issues related to the changing roles of public interest lawyers engaged in Community Economic Development (CED) in a new democracy. After discussing current issues and trends in CED practice, the author concludes that CED is inherently privatized and is becoming more so with the national emphasis on economic self-sufficiency. The author provides lessons from law school clinical practice of enhanced strategic collaborations and highlights current trends and issues involving technology, leadership development, community organizing, asset accumulation, and social capital. Furthermore, leadership development and community organizing are …

The Middle Way: What Contemporary Liberal Legal Theorists Can Learn From Aristotle, Miriam Galston

GW Law Faculty Publications & Other Works

American legal theorists frequently ask whether and how theorists, citizens, lawmakers, judges, and other public officials can attain truth, correctness, or certainty in their legal and moral views. This essay discusses the views of contemporary liberal legal theorists who have attempted to answer these questions in a way that is neither objectivist nor formalist, on the one hand, nor subjectivist or relativist, on the other, referring to authors that make up this group as theorists of the "middle way." The essay suggests areas in which such legal thinkers might profit from studying Aristotle's writings about ethics and politics. Two approaches …

Regulating Electronic Commerce, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This is not an ordinary law review article. It is a report submitted at the 16th International Congress of Comparative Law, held in Brisbane, Australia, on July 14-20, 2002. The report addresses a number of subjects identified by Dr. Anne Fitzgerald, the General Reporter for the section on Electronic Commerce. The general purpose of the report is to summarize the current state of the law in the United States. At the conference, other reporters summarized the current state of the law in their own countries.

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

GW Law Faculty Publications & Other Works

Form Over Substance?: Officer Certification and the Promise of Enhanced Personal Accountability under the Sarbanes-Oxley Act, 55 Rutgers L. Rev. 1 (2002), 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 …

The Sarbanes-Oxley Act As Confirmation Of Recent Trends In Director And Officer Fiduciary Obligations, Lisa M. Fairfax

GW Law Faculty Publications & Other Works

This Article argues that, instead of dramatically altering the responsibilities of corporate officers and directors, Sarbanes-Oxley confirms at least some case law and other recent articulations of management's fiduciary duty. At a minimum, recent allegations regarding corporate misconduct may suggest some degree of confusion on the pat of corporate officers and directors about the manner in which they should comply with their fiduciary duty. By requiring more exacting standards of conduct from these corporate agents, Sarbanes-Oxley may not only clear up that confusion, but also may represent a natural extension of recent pronouncements by Delaware courts, the SEC and other …

Doing Well While Doing Good: Reassessing The Scope Of Directors' Fiduciary Obligations In For-Profit Corporations With Non-Shareholder Beneficiaries, Lisa M. Fairfax

GW Law Faculty Publications & Other Works

Doing Well While Doing Good: Reassessing the Scope of Directors' Fiduciary Obligations in For-Profit Corporations with Non-Shareholder Beneficiaries, 59 Wash. & Lee L. Rev. 414 (2002), explores corporate fiduciary duties in the context of for-profit companies that operate in traditionally non-profit spheres. The rise in "privatization" - a conversion from certain businesses being operated by nonprofit and government entities to operation by for-profit companies - has sparked considerable opposition, particularly when it occurs within industries that deliver some societal good such as health care or education. Opponents claim that for-profit companies cannot pay heed to their social or charitable commitments …

A Case For The Twenty-First Century Constitutional Canon: Schneiderman V. United States, David Fontana

GW Law Faculty Publications & Other Works

This Article examines a generally underappreciated 1943 Supreme Court case, Schneiderman v. United States. Schneiderman raises a variety of issues related to disparate subjects, such as the role of courts during wartime, the place of the Constitution in the American "civil religion," constitutional limitations on immigration regulation, and so on. Because this case discusses all of these issues (and had a major impact on the evolution of some of these issues), it is a case of substantial importance and interest that has belonged in the constitutional canon for some time. However, this Article argues that, because of the new issues …

Rational Custom, Edward T. Swaine

GW Law Faculty Publications & Other Works

This article agrees with recent papers that rational choice analysis may be a useful heuristic for customary international law, which is plagued by an incoherent approach to state interests. The theory's initial application, however, has been flawed and unduly truncated, and I provide additional illustrations from game theory and of customary rules to illustrate the point. Rational choice analysis not only explains why certain customary international law may legitimately be regarded as obligatory, thus redeeming an important legal institution, but also indicates important directions for reform.

Communicating Governance: Will Plain English Drafting Improve Regulation?, Steven L. Schooner

GW Law Faculty Publications & Other Works

It should come as no surprise that the Bush administration showed little interest in adopting Vice President Gore's ambitious, high profile National Performance Review (NPR) agenda. One area, however, where the Bush administration would do well to embrace the NPR's efforts is the plain language initiative. While it would be hyperbole to suggest that the NPR's efforts dramatically improved the clarity of the government's written communication (including statutes, regulations, policies, instructions, etc.), some progress was made. Yet it will take some time before a commitment to writing in plain, clear, precise English becomes a cultural (or governmental) norm. Even though …

Parenthood, Genes, And Gametes: The Family Law And Trusts And Estates Perspectives, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This Article proposes a solution to resolve the legal issues that arise from the disposition of eggs, zygotes, and sperm upon divorce or death. I address two overlapping issues in family law and trusts and estates law: (1) whether the partner seeking procreation may use gametic material over the objections of the other partner and (2) how should the use of donated, willed, or marital gametic material affect the legal determination of parenthood?

In family law cases, courts generally rule in favor of the person seeking to avoid procreation, regardless of any evidence as to the intent of the parties. …

Review Of Rulemaking, Participation And The Limits Of Public Law In The Usa And Europe By Theodora Th. Ziamou And Review Of Governing By Numbers: Delegated Legislation And Everyday Policy-Making, By Edward C. Page, Francesca Bignami

GW Law Faculty Publications & Other Works

This article reviews two books: Rulemaking, Participation and the Limits of Public Law in the USA and Europe by Theodora Th. Ziamou and Governing by Numbers by Edward C. Page. In Rulemaking, Ziamou compares the law of rulemaking in the United States, Germany, Greece, and England. Ziamou covers the distinction between administrative rules and other administrative acts, the constitutional law of rulemaking, rulemaking procedure, the ability of private organizations to adopt rules that bind themselves and third parties, and judicial review. Readers are left with a better understanding of American and European rulemaking but may not be convinced that Europe …

The Transformation Of The U.S. Financial Services Industry, 1975-2000: Competition, Consolidation And Increased Risks, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

The structure of the U.S. financial services industry has fundamentally changed during the past quarter century. Rapid improvements in information technology and the creation of innovative financial instruments have produced a dramatic increase in competition and spurred deregulation, thereby eroding traditional barriers that separated banks from securities firms and life insurance companies. In response to these trends, major banks, securities broker-dealers and life insurers have aggressively expanded by merging with their direct competitors and by acquiring firms in other financial sectors. The Gramm-Leach-Bliley Act of 1999 has encouraged this consolidation trend by authorizing the creation of financial holding companies that …

Sounding The Death Knell For In Loco Parentis, W. Burlette Carter

GW Law Faculty Publications & Other Works

The article examines the history of the regulation of student athletes playing intercollegiate athletics through the lens of the in loco parentis doctrine. It argues that the doctrine has been abandoned in the larger college and university context, but continues to survive in the intercollegiate arena. Part I investigates the role of the in loco parentis doctrine in early college and university life. Part II discusses the general demise of the doctrine in the 1960s and 1970s and the resulting expansion of freedoms that came to college and university students. Part III demonstrates how the doctrine is reflected in modern …

On Justificiation And Method In Law Reform: The Contracts (Rights Of Third Parties) Act 1999, Andrew Phang

Research Collection Yong Pung How School Of Law

The present article, whilst focusing on the English Contracts (Rights of Third Parties) Act 1999, does not canvass the more specific details of that Act which have been dealt with quite comprehensively elsewhere. The focus of this article is broader and is dual in nature. It will examine, first, the justification for the 1999 Act and, in particular, attempts to respond to the critique that the Act is wholly anathema to the underlying justification of the doctrine of privity itself. It will also consider whether or not the 1999 Act is an effective improvement over the existing (as well as …

Trademark Exhaustion In The European Union: Community-Wide Or International?The Saga Continues, Irene Calboli

Research Collection Yong Pung How School Of Law

This Article analyzes the principle of "trademark exhaustion" or "first-sale rule" in the European Union (EU), with particular attention to the language and different interpretations of Article 7(1) of the First Council Directive 89 104 EEC of December 21, 1988. Traditionally, most jurisdictions define the extent of trademark exhaustion as either "national" or "international" exhaustion, depending on whether the rights granted by a mark are considered exhausted only in the domestic territory or also in foreign jurisdictions. Because of its nature as a regional integration of sovereign countries, the EU has historically favored a compromising approach toward the issue, and …

Comparing The Adequacy Of New Jersey And Kentucky Court Mandates, Statutes And Regulations To Remedy Unconstitutional Public Education, Steven G. Block

Seton Hall University Dissertations and Theses (ETDs)

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Book Review, Steven D. Smith

Vanderbilt Journal of Transnational Law

Surely none of the following essays addresses or explores these claims and questions in any deliberate way. Nonetheless, in these opening pages, it seems that Ahdar is seeking to re-engage the questions that characterized the Western tradition from which our modern issues in law and religion descend, but which that tradition in its modern form has by now largely suppressed. The implication, it seems, is that in order to address the issues of the interaction of law and religion in an efficacious way, we must not only acknowledge that religion is a social phenomenon--although it is that, as Professor van …

War And The Business Corporation, Eric W. Orts

Vanderbilt Journal of Transnational Law

This Article addresses the relationship between modern warfare and business corporations. The Article begins by considering the nature of war, emphasizing the effects of globalization and the changing importance of national boundaries. The Article reviews leading theories of war and focuses on how the growth of multinational corporations in economic and political power has begun to rival the power of nation-states. Next, the Article addresses the nature of the business corporation in the context of modern war by surveying standard legal, ethical, and economic understandings of corporate governance. The Article concludes by arguing that the recognition of the moral and …

Interview: The Business Of Peace, Madeleine Albright, B. Joseph White

Vanderbilt Journal of Transnational Law

I think the thing that we have really seen, Joe, recently, is the fact that we have global companies that are situated everywhere and are very much a part of the societies in which they operate. The way that they can contribute is by really embedding themselves in the local communities and by providing economic support within those communities to help mitigate some of the aspects of poverty within that particular milieu where they are operating. They can contribute by basically making it clear to people that we are all part of the same story. Just because you may be …

The European Union Data Privacy Directive And International Relations, Steven R. Salbu

Vanderbilt Journal of Transnational Law

This Article explores the European Union Data Privacy Directive and its impact upon international relations. Part II provides a background upon which the Privacy Directive is built. In Part III, the Article confronts the differences between how the United States and its European counterparts address privacy issues generally. Part IV analyzes the Privacy Directive in detail, while Part V explores possible effects that the Privacy Directive might have on international relations.

Corporate Governance In The Cause Of Peace: An Environmental Perspective, Donald O. Mayer

Vanderbilt Journal of Transnational Law

This Article examines the role of multinational corporations in creating global peace. Part I discusses the role of multinational corporations in the global economy, emphasizing the relationship between multinational corporations, governments, and the environment. Part II explores whether corporations have a moral duty to oppose ill-conceived laws and policy proposals and to support well-conceived laws that encourage efficiency and sustainability, but may hinder short-term profitability. Part III expands and further explores the argument set forth in Part II by examining the continuing dependency of the United States and other industrialized democracies on oil from the Middle East. Part IV concludes …