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2003

American University Washington College of Law

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Articles 1 - 30 of 229

Full-Text Articles in Law

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman Dec 2003

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

American University Law Review

Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities.

In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage ...


Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber Dec 2003

Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber

American University Law Review

No abstract provided.


Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury Dec 2003

Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury

American University Law Review

No abstract provided.


Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent Oct 2003

Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent

American University Law Review

No abstract provided.


The Exclusion Of Felons From Jury Service, Brian C. Kalt Oct 2003

The Exclusion Of Felons From Jury Service, Brian C. Kalt

American University Law Review

The lifetime exclusion of felons from jury service is the majority rule in the U.S., used in thirty one states and in federal courts. The result is that over 6% of the adult population is excluded, including about 30% of black men.

The parallel issue of felon disenfranchisement has drawn considerable scholarly attention, despite its lower, declining, and less racially charged numbers. The racial composition of juries has been widely discussed in the literature as well. By contrast, felon jury service has been almost entirely ignored, despite a mass of legislation and appellate litigation, and despite glaring racial disparities ...


Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger Oct 2003

Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger

American University Law Review

No abstract provided.


Roundtable With Former Directors Of The Bureau Of Economics, Jonathan Baker Sep 2003

Roundtable With Former Directors Of The Bureau Of Economics, Jonathan Baker

Presentations

The roundtable commemorates the 100th anniversary of the FTC's predecessor agency, the Bureau of Corporations. It was sponsored by the FTC's Bureau of Economics (BE) and focused on BE history and contributions of BE and economic analysis to antitrust and consumer protection enforcement, and to research and economic knowledge and policy. BE was featured because the original functions of the Bureau of Corporations were to collect information, to conduct industry and policy research, to prepare reports at the request of the Congress and the President. The panelists for the roundtable consisted of former BE Directors and Acting Directors ...


Addressing Sexual Misconduct In Community Corrections_June 2-4, 2003, Brenda V. Smith Jun 2003

Addressing Sexual Misconduct In Community Corrections_June 2-4, 2003, Brenda V. Smith

Presentations

No abstract provided.


To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto, Kenneth Anderson May 2003

To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto, Kenneth Anderson

Book Reviews

This essay from the Times Literary Supplement (23 May 2003) reviews books on Lincoln's speeches and writings, particularly the Second Inaugural Address. It examines the transition from the First Inaugural Address to the Second Inaugural Address, finally focusing on how Lincoln seeks to steer between moral relativism about the war - each side does as it sees right - and moral absolutism.


Most Favored Nation Clauses, Jonathan Baker, William Kopit, Thomas Overstreet, Robert Mcnair, Jr., Steven Snow May 2003

Most Favored Nation Clauses, Jonathan Baker, William Kopit, Thomas Overstreet, Robert Mcnair, Jr., Steven Snow

Presentations

Event descriptionThe Federal Trade Commission and Department of Justice will commence public hearings in Washington, D.C. on February 26, 2003 on the implications of competition law and policy for health care financing and delivery. The hearings will broadly consider the impact of competition law and policy on the cost, quality, and availability of health care, and the incentives for innovation in the field.Specific subjects to be considered include hospital mergers, the significance of non-profit status, vertical integration, quality and efficiencies, the boundaries of the state action and Noerr-Pennington doctrines, monopsony power, the adequacy of existing remedies for anticompetitive ...


Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith Apr 2003

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith

Presentations

No abstract provided.


Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson Apr 2003

Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson

Popular Media

The war in Iraq requires a rethinking of the rules of conduct in war, international humanitarian law. The nature of asymmetric warfare in the conflict has turned out to be less a question of technological disparities than the weaker side turning to systematic violations of the laws of war as its method. Over time, we risk creating an international system in which it is tacitly assumed and permitted that the weaker side fight using systematic violations of the law as its method. Part of this trend arises from the biases of 1977 Protocol I which blessed activities of irregular forces ...


A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael Carroll Apr 2003

A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael Carroll

PIJIP Faculty Scholarship

Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or ...


Addressing Sexual Misconduct In Community Corrections, Brenda V. Smith, Maureen Buell, Elizabeth Layman, Susan W. Mccampbell Apr 2003

Addressing Sexual Misconduct In Community Corrections, Brenda V. Smith, Maureen Buell, Elizabeth Layman, Susan W. Mccampbell

Articles in Law Reviews & Other Academic Journals

INAPPROPRIATE RELATIONSHIPS BETWEEN OFFENDERS AND EMPLOYEES of community-based corrections organizations have emerged as a serious issue. Among the most dangerous and destructive of these inappropriate relationships is sexual misconduct. The very nature of community corrections, with semi-autonomous employees, the increasing focus on a rehabilitative rather than the punitive model, the increase of offenders assigned to these programs, and actual allegations of sexual misconduct have raised the awareness of administrators of the need for action.


Volume 3, Issue 2, Sustainable Development Law & Policy Jan 2003

Volume 3, Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


World News Bits, Roger Phillips Jan 2003

World News Bits, Roger Phillips

Sustainable Development Law & Policy

No abstract provided.


International Calendar, Sustainable Development Law & Policy Jan 2003

International Calendar, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Volume 3, Issue 2, Sustainable Development Law & Policy Jan 2003

Volume 3, Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy Jan 2003

Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy

Sustainable Development Law & Policy

No abstract provided.


Multilateral Environmental Agreements & World Trade, Melanie Nakagawa Jan 2003

Multilateral Environmental Agreements & World Trade, Melanie Nakagawa

Sustainable Development Law & Policy

No abstract provided.


A Conversation With Nrdc’S Greg Wetstone, Dave Newman Jan 2003

A Conversation With Nrdc’S Greg Wetstone, Dave Newman

Sustainable Development Law & Policy

No abstract provided.


World News Bits, Roger Phillips Jan 2003

World News Bits, Roger Phillips

Sustainable Development Law & Policy

No abstract provided.


International Calendar, Sustainable Development Law & Policy Jan 2003

International Calendar, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Doubly Victimized: Housing Discrimination Against Victims Of Domestic Violence, Lenora M. Lapidus Jan 2003

Doubly Victimized: Housing Discrimination Against Victims Of Domestic Violence, Lenora M. Lapidus

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Linking Trade And Sustainable Development: Roundtable Discussion Jan 2003

Linking Trade And Sustainable Development: Roundtable Discussion

American University International Law Review

No abstract provided.


Welcome Address, Andrew Pike Jan 2003

Welcome Address, Andrew Pike

American University Law Review

No abstract provided.


Panel Two: The Evolution Of Corporate Governance, Randall Quinn, Richard W. Painter, Roberta S. Karmel, Stuart Kaswell Jan 2003

Panel Two: The Evolution Of Corporate Governance, Randall Quinn, Richard W. Painter, Roberta S. Karmel, Stuart Kaswell

American University Law Review

No abstract provided.


Keynote Address, Stanley Sporkin Jan 2003

Keynote Address, Stanley Sporkin

American University Law Review

No abstract provided.


Panel Three: Ethical Dilemmas Associated With The Corporate Attorney's New Role, Susan D. Carle, Jeffrey D. Bauman, Arthur D. Burger, Susan Hackett, Sheldon Krantz Jan 2003

Panel Three: Ethical Dilemmas Associated With The Corporate Attorney's New Role, Susan D. Carle, Jeffrey D. Bauman, Arthur D. Burger, Susan Hackett, Sheldon Krantz

American University Law Review

No abstract provided.


Biographies Of Participants: The Evolving Legal And Ethical Role Of The Corporate Attorney After The Sarbanes-Oxley Act Of 2002 Jan 2003

Biographies Of Participants: The Evolving Legal And Ethical Role Of The Corporate Attorney After The Sarbanes-Oxley Act Of 2002

American University Law Review

No abstract provided.