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2003

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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 Dec 2003

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.


Vol. 8 #1 Dec 2003

Vol. 8 #1

The Advocate

No abstract provided.


Prosecuting Martha: Federal Prosecutorial Power And The Need For A Law Of Counts, Michael L. Seigel, Christopher Slobogin Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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. Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

"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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 …