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2003

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American University Washington College of Law

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Full-Text Articles in Law

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 from the …

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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.

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Opening A Door To Help: Legal Services Programs' Key Role In Representing Battered Immigrant Women And Child, Leslye Orloff, Amanda Baran, Laura A. Martinez-Mcintoh, Jennifer Rose Jun 2003

Opening A Door To Help: Legal Services Programs' Key Role In Representing Battered Immigrant Women And Child, Leslye Orloff, Amanda Baran, Laura A. Martinez-Mcintoh, Jennifer Rose

Articles in Law Reviews & Other Academic Journals

Mariella Batista approached the family court building in Riverside, California, 9- year-old son in tow, ready for her hearing. Her family law attorney, who had little domestic violence experience, had no time to meet with Mariella before the court date and arranged to meet her outside the courthouse before the hearing. Mariella, a Cuban immigrant, had a history of years of abuse at the hands of her partner and was attempting to gain control of her life by instituting legal action to gain custody of her son. Suddenly her estranged partner approached her and grabbed the boy. In fear, Mariella …

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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.

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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 conduct, and …

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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.

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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 …

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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 …

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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.

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How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle Jan 2003

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

Articles in Law Reviews & Other Academic Journals

INTRODUCTIONThe 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 practice? …

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Pedagogical Subversion In Clinical Teaching: The Women & The Law Clinic And The Intellectual Property Clinic As Legal Archaeology, Ann Shalleck Jan 2003

Pedagogical Subversion In Clinical Teaching: The Women & The Law Clinic And The Intellectual Property Clinic As Legal Archaeology, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Restitution In Public Concern Cases, Candace Kovacic-Fleischer Jan 2003

Restitution In Public Concern Cases, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

Enron Corporation. Arthur Andersen. Guns. Tobacco. Lead. Asbestos. Water Pollution. All are in the news as allegedly having caused injury. All involve restitution. Plaintiffs are bringing suits claiming that not only have they been injured, but also that the companies involved have been unjustly enriched at the plaintiffs' expense. The plaintiffs use, either explicitly or implicitly, the broad concept of restitution found in section one of the Restatement of the Law of Restitution. That section, entitled "Unjust Enrichment," says "[a] person who has been unjustly enriched at the expense of another is required to make restitution to the other."' In …

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The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson Jan 2003

The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Why Did The Antitrust Agencies Embrace Unilateral Effects, Jonathan Baker Jan 2003

Why Did The Antitrust Agencies Embrace Unilateral Effects, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Inter-American System, Claudia Martin Jan 2003

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Inter-American System, Diego Rodriguez-Pinzon Jan 2003

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Using The World Bank Inspection Panel To Defend The Interests Of Project-Affected People, David Hunter Jan 2003

Using The World Bank Inspection Panel To Defend The Interests Of Project-Affected People, David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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A Non-Harmonized Perspective On Parallel Imports: The Protection Of Intellectual Property Rights And The Free Movement Of Goods In International Trade, Krithpaka Boonfueng Jan 2003

A Non-Harmonized Perspective On Parallel Imports: The Protection Of Intellectual Property Rights And The Free Movement Of Goods In International Trade, Krithpaka Boonfueng

SJD Dissertation Abstracts

This dissertation aims to define an appropriate international legal standard for the exhaustion doctrine as it pertains to parallel imports, being the importation of genuine goods but without authorization from intellectual property owners. The clarification of this issue is needed because developed and developing countries have different perspectives on the application of the exhaustion doctrine. Under the exhaustion doctrine, once an intellectual property owner deliberately releases or authorizes others to release goods into the stream of commerce, his exclusive right to further control the goods is no longer valid. However, there are three diverse aspects in the application of exhaustion …

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“Don't Buy Another Vote. I Won't Pay For A Landslide": The Sordid And Continuing History Of Political Corruption In West Virginia, Allen Hayes Loughry Ii Jan 2003

“Don't Buy Another Vote. I Won't Pay For A Landslide": The Sordid And Continuing History Of Political Corruption In West Virginia, Allen Hayes Loughry Ii

SJD Dissertation Abstracts

This study documents the long and sordid history of corruption--both perceived and corroborated--in the West Virginia political process. The researcher explores the considerable amounts of money spent by wealthy individuals for election or re-election. It documents the effect of high-cost elections, an effect which in many instances has spawned criminal activity. The author relates ostensibly ceaseless measures of corruption at the executive, legislative, and judicial levels. The findings indicate the existence of problems in West Virginia politics since the State's inception in 1863, including vote buying, vote rigging, undue geographical barriers, and lawlessness leading to numerous declarations of martial law. …

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Economists' Roundtable, Jonathan Baker, Philip Nelson, Janusz Ordover, Dennis Carlton Jan 2003

Economists' Roundtable, Jonathan Baker, Philip Nelson, Janusz Ordover, Dennis Carlton

Presentations

Moderator for the Economists' Roundtable

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

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

Articles in Law Reviews & Other Academic Journals

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 …

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Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams Jan 2003

Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Peer Dialogue: The Quagmire Of Scientific Expert Testimony: Crumping The Supreme Court's Style, Paul Rice Jan 2003

Peer Dialogue: The Quagmire Of Scientific Expert Testimony: Crumping The Supreme Court's Style, Paul Rice

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Proyecto - Transformación De La Condición Legal De La Mujer: Integrando Temas De Género En La Doctrina Y Enseñanza Del Derecho, Macarena Saez Jan 2003

Proyecto - Transformación De La Condición Legal De La Mujer: Integrando Temas De Género En La Doctrina Y Enseñanza Del Derecho, Macarena Saez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff Jan 2003

Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff

Articles in Law Reviews & Other Academic Journals

With the destruction of the Taliban regime, the international community is turning its attention toward the establishment of an interim government consistent with the Bonn Accords, and the identification of a process for selecting a more long-term governing arrangement. As is well known, these first steps toward establishing a new government in Afghanistan are the beginning of a long and difficult process for re-establishing peace. Absent a comprehensive and attainable plan for nation rebuilding in Afghanistan, the United States may find that despite its victory on the battle- field, it may be unable to adequately achieve its long term security …

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Achieving A Final Status Settlement For Kosovo, Paul Williams, R Hitchner, Janusz Bugajski Jan 2003

Achieving A Final Status Settlement For Kosovo, Paul Williams, R Hitchner, Janusz Bugajski

Articles in Law Reviews & Other Academic Journals

On November 19, 2002, the Center for Strategic and International Studies (CSIS), the National Albanian American Council, and the Dayton Peace Accords Project held a one-day conference in Washington, D.C., at CSIS, entitled “The Future of Kosovo.” The conference was attended by U.S. policymakers, congressional representatives, regional specialists, nongovernmental organizations (NGOs), business leaders, journalists, as well as key activists and analysts from Kosovo. The vital question of Kosovo’s emerging status was discussed openly with a view to producing a subsequent report offering concrete recommendations to the U.S. administration, U.S. legislators, and major international organizations on the question of Kosovo’s future …

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The International Human Rights Status Of Elderly Persons, Claudia Martin, Diego Rodriguez-Pinzon Jan 2003

The International Human Rights Status Of Elderly Persons, Claudia Martin, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Suing The Sovereign From The Latin American Perspective, Claudio Grossman Jan 2003

Suing The Sovereign From The Latin American Perspective, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

In these remarks, I will comment on the papers of Professors Jackson and Pfander by analyzing the topic of "suing the sovereign" from the Latin American perspective. This analysis requires a comparison, and comparisons by their very nature are difficult and challenging as words have different meanings in different languages. The Italian expression "traductore traditore," or "the translator is a traitor," comes to mind. Without entering into additional complex issues that arise when attempting to make cross-cultural comparisons, one issue that is especially important is what I will call the "hierarchy trap." The relative importance of an issue-in terms of …

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Watching You, Watching Me, Brenda V. Smith Jan 2003

Watching You, Watching Me, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This article examines one of the most often called for remedies for sexual abuse of female inmates - ending cross-gender supervision of female inmates by male correctional staff. Part I of the article describes the context of sexual misconduct against prisoners in the United States, highlighting important cases and discourse. Part II examines important differences in the legal decisions that address claims challenging cross-gender supervision raised by or concerning male and female inmates. Part III addresses the disconnect between the jurisprudence involving cross-gender supervision of men and women positing a "dignity and shame" approach by the court, and examines the …

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Owning Enlightenment: Proprietary Spirituality In The New Age Marketplace, Walter Effross Jan 2003

Owning Enlightenment: Proprietary Spirituality In The New Age Marketplace, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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