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Articles 1 - 30 of 8863
Full-Text Articles in Law
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
ExpressO
Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.
Prosecuting Martha: Federal Prosecutorial Power And The Need For A Law Of Counts, Michael L. Seigel, Christopher Slobogin
Prosecuting Martha: Federal Prosecutorial Power And The Need For A Law Of Counts, Michael L. Seigel, Christopher Slobogin
UF Law Faculty Publications
Martha Stewart's case illustrates a wide variety of prosecutorial decision-making. We have defended the U.S. Attorney's decision to investigate and prosecute Stewart, but called into question the further decision to charge her with five counts. As a way of curtailing the redundant charging phenomenon, which is widespread, we have suggested that the courts develop a law of counts to cabin prosecutorial charging discretion. Thus, our proposal to create a law of counts would not require prosecutors to act against their short- or long-term interests. Rather, it would be implemented by judges using the interpretive method, without going so far as …
Complying With The New Maritime Security Regime : Towards A Model Maritime Law Enforcement Approach, Donny Michael
Complying With The New Maritime Security Regime : Towards A Model Maritime Law Enforcement Approach, Donny Michael
World Maritime University Dissertations
No abstract provided.
Mental Health Of Incarcerated Juveniles In Nevada: Final Report, Nevada Institute For Children's Rerearch And Policy, University Of Nevada, Las Vegas, Jennifer Petsonius, Denise Tanata, Michelle Chino Dr
Mental Health Of Incarcerated Juveniles In Nevada: Final Report, Nevada Institute For Children's Rerearch And Policy, University Of Nevada, Las Vegas, Jennifer Petsonius, Denise Tanata, Michelle Chino Dr
Nevada Institute for Children's Research and Policy Reports
The prevalence of mental health problems in the juvenile offender population is substantially higher than that of the general population (Cocozza & Skowyra, 2000). Studies estimate that one in five juvenile offenders has serious mental health problems, which is nearly twice the rate of occurrence of mental illness in children and adults in the general population (NMHA Fact Sheet #l). However, there have been several methodological problems encountered in previous research. These include the use of inconsistent definitions and measurements of mental illness; the use of biased, nonrandom samples, a reliance on retrospective case report data, and the use of …
The Integration Of Existing Regulatory Measures To Develop An Effective Quality System For The Maritime Industry, Rafael Quiroz Vera
The Integration Of Existing Regulatory Measures To Develop An Effective Quality System For The Maritime Industry, Rafael Quiroz Vera
World Maritime University Dissertations
No abstract provided.
The Takings Clause As A Comparative Right, John Fee
The Takings Clause As A Comparative Right, John Fee
Faculty Scholarship
No abstract provided.
Counselor, Gatekeeper, Shareholder, Thief: Why Attorneys Who Invest In Their Clients In A Post-Enron World Are "Selling Out," Not "Buying In,", A. Christine Hurt
Counselor, Gatekeeper, Shareholder, Thief: Why Attorneys Who Invest In Their Clients In A Post-Enron World Are "Selling Out," Not "Buying In,", A. Christine Hurt
Faculty Scholarship
No abstract provided.
American Offshore Business Tax Planning: Can Australian Lawyers Get A Piece Of The Action?, J Clifton Fleming, Jr.
American Offshore Business Tax Planning: Can Australian Lawyers Get A Piece Of The Action?, J Clifton Fleming, Jr.
Faculty Scholarship
No abstract provided.
Maritime Arbitration : A Case Study Of Vietnamese Law And Practice, Nguyen Quang Anh
Maritime Arbitration : A Case Study Of Vietnamese Law And Practice, Nguyen Quang Anh
World Maritime University Dissertations
No abstract provided.
Balancing Coastal State Jurisdiction And International Navigational Rights : A Vessel-Source Marine Pollution Perspective, Emmanuel Ndze Buh
Balancing Coastal State Jurisdiction And International Navigational Rights : A Vessel-Source Marine Pollution Perspective, Emmanuel Ndze Buh
World Maritime University Dissertations
No abstract provided.
The Lease As A Financing Vehicle In Ship Acquisition : Legal Implications And Empirical Evaluation Of Theory And Practice, Ying Li
World Maritime University Dissertations
No abstract provided.
Politics And The Business Corporation, Robert H. Sitkoff
Politics And The Business Corporation, Robert H. Sitkoff
Law & Economics Working Papers Archive: 2003-2009
This essay explores the policy bases for, and the political economy of, the law's long-standing regulation of corporate political speech. The essay has three parts. First, it contends that the conventional justifications for regulating corporate interventions in politics -- that corporate donations unnaturally skew the political discourse (bad politics) and that corporate political donations harm shareholders (agency costs) -- assume irrational investors and substantial capital market inefficiency. Drawing on public choice theory, the essay also explores the aim of retarding rent-seeking as an alternative justification for regulating corporate interventions in politics. Second, the essay reexamines the history of the regulation …
Antitrust And Trade Regulation Bulletin Ftc Releases Report On Intellectual Property And Antitrust, James Burling, John C. Christie Jr., Michelle Miller
Antitrust And Trade Regulation Bulletin Ftc Releases Report On Intellectual Property And Antitrust, James Burling, John C. Christie Jr., Michelle Miller
Wilmer Cutler Pickering Hale and Dorr Antitrust Series
Last year the FTC and the Department of Justice jointly held hearings focused on the current balance of competition and patent law and policy. (See our December, 2001 Antitrust and Trade Regulation Bulletin at www.haledorr.com/antitrust.) The hearings spanned more than 24 days, involving more than 300 panelists and 100 separate written submissions. The first tangible by-product of those sessions came on October 28, 2003, with the release of a 266-page FTC report containing specific recommendations for changes in the existing patent system (the Patent Report)(http://www.ftc.gov/opa/2003/10/creport .htm). A second, joint report with DOJ, containing specific recommendations for antitrust, is promised for …
Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young
Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young
Nevada Supreme Court Summaries
Appeal and cross-appeal from a district court order granting in part and denying in part Defendant’s post-conviction petition for a writ of habeas corpus in a capital case.
The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang
The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang
Duke Law & Technology Review
The Supreme Court established a two-part test for determining when an invention is "on sale" under 35 U.S.C. §102(b) in Pfaff v. Wells Electronics, Inc. For the on-sale bar to be triggered, the invention must be "ready for patenting" and subject of a "commercial offer for sale." In Minnesota Mining & Manufacturing v. Chemque, Inc., the Federal Circuit expounded on what constitutes a commercial offer for sale. This iBrief explores what is considered a "commercial offer for sale."
Piracy Deserves No Privacy, Frank Chao
Piracy Deserves No Privacy, Frank Chao
Duke Law & Technology Review
The Recording Industry Association of America ("RIAA"), the music industry's trade and lobbying group, recently initiated a controversial tactic to bring to surface previously anonymous digital pirates of the Internet. This aggressive tactic aims to make safe the digital oceans for copyright and involves identifying and bringing claims against infringing individuals who download, swap, and/or post copyrighted music illegally via the Internet. The RIAA cares not who the infringers are or whether the infringers know the illegality of their actions. Nor does the music industry concern itself with the inevitable storm of backlash bound to fall upon them for suing …
Taking Stock: Women Of All Colors In Legal Education, Rachel F. Moran
Taking Stock: Women Of All Colors In Legal Education, Rachel F. Moran
Journal of Legal Education
No abstract provided.
Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine L. Vaughns
Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine L. Vaughns
Journal of Legal Education
No abstract provided.
Teaching Susan Glaspell's A Jury Of Her Peers And Trifles, Marina Angel
Teaching Susan Glaspell's A Jury Of Her Peers And Trifles, Marina Angel
Journal of Legal Education
No abstract provided.
Midcourse Corrections: Women In Legal Education, Deborah L. Rhode
Midcourse Corrections: Women In Legal Education, Deborah L. Rhode
Journal of Legal Education
No abstract provided.
"Where Did You Go To Law School?" Gatekeeping For The Professoriate And Its Implications For Legal Education, Richard E. Redding
"Where Did You Go To Law School?" Gatekeeping For The Professoriate And Its Implications For Legal Education, Richard E. Redding
Journal of Legal Education
No abstract provided.
Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier
Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier
Journal of Legal Education
No abstract provided.
A Continuous Body: Ongoing Conversations About Women And Legal Education, Judith Resnik
A Continuous Body: Ongoing Conversations About Women And Legal Education, Judith Resnik
Journal of Legal Education
No abstract provided.
New Directions For Women In The Legal Academy, Deborah Jones Merritt, Barbara F. Reskin
New Directions For Women In The Legal Academy, Deborah Jones Merritt, Barbara F. Reskin
Journal of Legal Education
No abstract provided.
Methodology Matters, Sari Bashi, Maryana Iskander
Methodology Matters, Sari Bashi, Maryana Iskander
Journal of Legal Education
No abstract provided.
Using The Web To Facilitate Active Learning: A Trans-Pacific Seminar On Globalization And The Law, Ruth Buchanan, Sundhya Pahuja
Using The Web To Facilitate Active Learning: A Trans-Pacific Seminar On Globalization And The Law, Ruth Buchanan, Sundhya Pahuja
Journal of Legal Education
No abstract provided.
International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy
International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy
ExpressO
Abstract: This study examines the effectiveness of international marine environment law in controlling and abating contamination of the marine environment in the Wider Caribbean Region. The main international agreement covering the region is the Cartagena Convention which came into force in 1983. This convention, initiated by the UNEP under its Regional Seas Program, is considered one of the most successful of the programs. The study examines that claim in light of events since the adoption of the Cartagena Convention by the majority of nations bordering on the region. Mexico, because of its stature as a leading Latin American nation, is …
Brief Amicus Curiae Of Joseph R. Grodin As Amicus Curiae Supporting Neither Party (Vacatur), Elk Grove Unified School District V. Newdow, No. 02-1624 (U.S. Dec. 19, 2003), ., Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker
Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker
ExpressO
This paper explores the tortured history of developing countries’ pursuit of access to affordable generic medicines that they are unable to produce efficiently on their own. Having lost rights to treat medicines as essential commodities and as generalized exceptions to patent protections in the WTO TRIPS Agreement, developing countries and public health activists temporarily reasserted the primacy of health over profits in the Doha Declaration on the TRIPS Agreement and Public Health in November of 2001. However, since most developing countries lack meaningful pharmaceutical capacity to manufacture medicines efficiently on their own, they needed flexibility to import medicines from countries …