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2003

Selected Works

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Articles 421 - 450 of 453

Full-Text Articles in Law

Report On The Uniform Computer Information Transactions Act, Alvin C. Harrell, Charles Cheatham Et Al. Dec 2002

Report On The Uniform Computer Information Transactions Act, Alvin C. Harrell, Charles Cheatham Et Al.

Alvin C. Harrell

NA


Categorizing Crime And Determining Punishment In Oklahoma, Arthur G. Lefrancois Dec 2002

Categorizing Crime And Determining Punishment In Oklahoma, Arthur G. Lefrancois

Arthur G. LeFrancois

No abstract provided.


Book Review: Harold D. Tallant, Evil Necessity: Slavery And Political Culture In Antebellum Kentucky (2003), Arthur G. Lefrancois Dec 2002

Book Review: Harold D. Tallant, Evil Necessity: Slavery And Political Culture In Antebellum Kentucky (2003), Arthur G. Lefrancois

Arthur G. LeFrancois

No abstract provided.


Mediating With An 800-Lb. Gorilla: Adr And Medicare, Phyllis E. Bernard Dec 2002

Mediating With An 800-Lb. Gorilla: Adr And Medicare, Phyllis E. Bernard

Phyllis E. Bernard

No abstract provided.


Family Unity And Refugee Protection, Kate Jastram Dec 2002

Family Unity And Refugee Protection, Kate Jastram

Kate Jastram

No abstract provided.


Family Unity, Kate Jastram Dec 2002

Family Unity, Kate Jastram

Kate Jastram

No abstract provided.


Trade, Labor, Legitimacy, Andrew T. Guzman Dec 2002

Trade, Labor, Legitimacy, Andrew T. Guzman

Andrew T Guzman

No abstract provided.


Having Thought About Private Matters: The Federal Court's Initial Response, J. Rich Leonard Dec 2002

Having Thought About Private Matters: The Federal Court's Initial Response, J. Rich Leonard

J. Rich Leonard

No abstract provided.


Brief Of California Attorneys For Criminal Justice As Amicus Curiae (With Co-Counsel), People V. Neal, 31 Cal. 4th 63 (2003), Charles D. Weisselberg Dec 2002

Brief Of California Attorneys For Criminal Justice As Amicus Curiae (With Co-Counsel), People V. Neal, 31 Cal. 4th 63 (2003), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.


Our Mongrel Selves: Pluralism, Identity And The Nation, Brian Slattery Dec 2002

Our Mongrel Selves: Pluralism, Identity And The Nation, Brian Slattery

Brian Slattery

This paper examines the view that ‘nations’ are natural entities, composed of homogeneous linguistic and cultural groups, and argues that this theory fails to take account of our multiple and overlapping identities.


Children As Chattel: Invoking The Thirteenth Amendment To Reform Child Welfare, Kurt Mundorff Dec 2002

Children As Chattel: Invoking The Thirteenth Amendment To Reform Child Welfare, Kurt Mundorff

Kurt Mundorff

No abstract provided.


Seizing Domain Names To Enforce Judgments: Looking Back To Look To The Future, Juliet M. Moringiello Dec 2002

Seizing Domain Names To Enforce Judgments: Looking Back To Look To The Future, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.


But What Will The Wto Disciplines Apply To? Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry Dec 2002

But What Will The Wto Disciplines Apply To? Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry

Laurel S. Terry

One of the issues currently facing World Trade Organization (WTO) Member States is whether to extend to the legal profession and other service providers the WTO Disciplines for Domestic Regulation in the Accountancy Sector [Accountancy Disciplines]. The Accountancy Disciplines document applies to regulatory measures that would be considered domestic regulations under Article VI:4 of the GATS, rather than market access or national treatment measures under Articles XVI or XVII of the GATS. This paper argues that in order to meaningfully discuss whether to extend the Accountancy Disciplines to the legal profession, U.S. policy-makers and stakeholders need to understand the type …


Beyond Blue Gene: Intellectual Property And Bioinformatics, Matthew Rimmer Dec 2002

Beyond Blue Gene: Intellectual Property And Bioinformatics, Matthew Rimmer

Matthew Rimmer

This article considers the challenges posed to intellectual property law by the emerging field of bioinformatics. It examines the intellectual property strategies of established biotechnology companies, such as Celera Genomics, and information technology firms entering into the marketplace, such as IBM. First this paper argues that copyright law is not irrelevant to biotechnology, as some commentators would suggest. It claims that the use of copyright law and contract law is fundamental to the protection of biomedical and genomic databases. Second this article questions whether biotechnology companies are exclusively interested in patenting genes and genetics sequences. Recent evidence suggests that biotechnology …


State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan Dec 2002

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan

Donald J. Kochan

In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …


Lara: A Constitutional Crisis In Indian Law?, Frank Pommersheim Dec 2002

Lara: A Constitutional Crisis In Indian Law?, Frank Pommersheim

Frank Pommersheim

No abstract provided.


The Proposed Model Inter-Entity Transaction Act: A Proposal To Rationalize Changes In Forms Of Business Organizations, Thomas E. Geu, Robert Keatinge Dec 2002

The Proposed Model Inter-Entity Transaction Act: A Proposal To Rationalize Changes In Forms Of Business Organizations, Thomas E. Geu, Robert Keatinge

Thomas E. Geu

No abstract provided.


Toward Meaningful Cable Competition: Getting Beyond The Monopoly Morass, Reza Dibadj Dec 2002

Toward Meaningful Cable Competition: Getting Beyond The Monopoly Morass, Reza Dibadj

Reza Dibadj

This article argues that poor regulation has thwarted competition among cable providers. It begins by laying out the history of cable regulation to show that the regulatory framework was created by a series of ad hoc, often contradictory, policies. It then surveys the markets for video programming and broadband access to show that precious little competition exists today. Moving to an economic analysis of the industry, it highlights the surprising irony that despite years of anti-competitive maneuvering, even the incumbent players are facing financial uncertainty. The paper also proposes a new regulatory paradigm based on economic and technological reality. Finally, …


Can't We All Get Along? The Case For A Workable Patent Model, Srividhya Ragavan Dec 2002

Can't We All Get Along? The Case For A Workable Patent Model, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny Dec 2002

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


Complicity With Evil, M. Cathleen Kaveny Dec 2002

Complicity With Evil, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


“La Eventual Modificación De La Directiva 85/374/Cee Relativa A La Responsabilidad Por Productos Defectuosos: La Aportación De La Jurisprudencia Del Tribunal De Justicia De Las Comunidades Europeas Al Debate Comunitario”, Luis González Vaqué Dec 2002

“La Eventual Modificación De La Directiva 85/374/Cee Relativa A La Responsabilidad Por Productos Defectuosos: La Aportación De La Jurisprudencia Del Tribunal De Justicia De Las Comunidades Europeas Al Debate Comunitario”, Luis González Vaqué

Luis González Vaqué

Protection of the consumer requires that all producers involved in the production process should be made liable, in so far as their finished product, component part or any raw material supplied by them was defective; for the same reason, liability should extend to importers of products into the Community and to persons who present themselves as producers by affixing their name, trade mark or other distinguishing feature or who supply a product the producer of which cannot be identified.


Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan D. Carle Dec 2002

Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan D. Carle

Susan D. Carle

Book Review of DONALD NICOLSON & JULIAN WEBB, PROFESSIONAL LEGAL ETHICS: CRITICAL INTERROGATIONS, Oxford University Press, 1999. Pp. 292.


How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle Dec 2002

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle

Susan D. Carle

INTRODUCTION
The Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law …


Racing U.S. Foreign Policy, Ruth Gordon Dec 2002

Racing U.S. Foreign Policy, Ruth Gordon

Ruth Gordon

No abstract provided.


The Legacy, Louise Harmon Dec 2002

The Legacy, Louise Harmon

Louise Harmon

No abstract provided.


The Bottom Line On Footnotes [Fn. 1] And Endnotes [Fn. 2], Gerald Lebovits Dec 2002

The Bottom Line On Footnotes [Fn. 1] And Endnotes [Fn. 2], Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Contractual Arbitration, Mandatory Arbitration And State Constitutional Jury-Trial Rights, Stephen Ware Dec 2002

Contractual Arbitration, Mandatory Arbitration And State Constitutional Jury-Trial Rights, Stephen Ware

Stephen Ware

This Article discusses the relationship between the Federal Arbitration Act and state constitutional jury-trial rights.


Teaching Arbitration Law, Stephen Ware Dec 2002

Teaching Arbitration Law, Stephen Ware

Stephen Ware

This article is written with the following goals: to provide useful suggestions for those who teach arbitration, to persuade some ADR teachers who only touch on arbitration to give serious thought to additional coverage, to persuade some teachers to include a bit of arbitration in their first-year courses, and to encourage the continued growth of fine teaching materials on arbitration.


Constitutional Law: The Garvee Bonds Case And Executive Power: Breakthrough Or Blip, Andrew C. Spiropoulos Dec 2002

Constitutional Law: The Garvee Bonds Case And Executive Power: Breakthrough Or Blip, Andrew C. Spiropoulos

Andrew C. Spiropoulos

No abstract provided.