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2003

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American University Washington College of Law

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Articles 1 - 30 of 54

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 ...


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 ...


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.


Inter-American System, Diego Rodriguez-Pinzon Jan 2003

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.


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.


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 ...


Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost Jan 2003

Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Closing The Deal In Contracts: Introducing Transactional Skills In The First Year, David Snyder Jan 2003

Closing The Deal In Contracts: Introducing Transactional Skills In The First Year, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.


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.


Inter-American System, Claudia Martin Jan 2003

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams Jan 2003

Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.


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 ...


Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers Jan 2003

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have ...


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.


Feminist Inquiry And Action: Introduction To A Symposium On Confronting Domestic Violence And Achieving Gender Equality: Evaluating Battered Women & Feminist Lawmakingby Elizabeth Schneider, Ann Shalleck Jan 2003

Feminist Inquiry And Action: Introduction To A Symposium On Confronting Domestic Violence And Achieving Gender Equality: Evaluating Battered Women & Feminist Lawmakingby Elizabeth Schneider, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Private Law Making, David Snyder Jan 2003

Private Law Making, David Snyder

Articles in Law Reviews & Other Academic Journals

This article argues that a significant amount of law is privately made and suggests that privately made law should be subjected to the same kinds of questioning as publicly made law, considering in the end whether privately made law might be considered "molecular federalism." Private lawmaking, through which one private group makes rules that govern much larger groups, extends well beyond the boundaries of relatively well-known examples of private legislatures like the American Law Institute and the Uniform Law Commissioners. The phenomenon includes the practical ability of private entities to make law governing many kinds of corporate, commercial, and consumer ...


Earned Sovereignty: The Political Dimension, James Hooper, Paul Williams Jan 2003

Earned Sovereignty: The Political Dimension, James Hooper, Paul Williams

Articles in Law Reviews & Other Academic Journals

There are currently over fifty sovereignty-based conflicts throughout the world, and nearly a third of the Specially Designated Global Terrorists listed by the United States Treasury Department are associated with sovereignty-based conflicts and self-determination movements. To date, the "sovereignty first" international response to these conflicts has been unable to stem the tide of violence, and in many instances may have contributed to further outbreaks of violence. This article will argue that the "sovereignty first" doctrine is slowly being supplemented by a new conflict resolution approach which we dub "earned sovereignty."


Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil Jan 2003

Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil

Articles in Law Reviews & Other Academic Journals

No abstract provided.


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


Legal Interviewing And Counseling: An Introduction, Ann Shalleck, Robert Dinerstein, Stephen Ellmann, Isabelle Gunning Jan 2003

Legal Interviewing And Counseling: An Introduction, Ann Shalleck, Robert Dinerstein, Stephen Ellmann, Isabelle Gunning

Articles in Law Reviews & Other Academic Journals

n this article, the authors, who are writing their own textbook on interviewing and counseling, reflect on the ways in which Gary Bel­low & Bea Mou/ton's groundbreaking textbook, The Lawyering Pro­cess, has shaped and is shaping their work. The authors include the introductory chapter of their forthcoming textbook interspersed with commentary on the influence of Bellow & Moulton on each of the primary themes through which their textbook will explore interview­ing and counseling: variations in the lawyer-client relationship, con­text, connection, ethics and theory-driven lawyering. This review allows them to evaluate, not only how deeply and pervasively ...


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 explicit ...


The Role Of The United States Military Lawyer In Projecting A Vision Of The Laws Of War, Kenneth Anderson Jan 2003

The Role Of The United States Military Lawyer In Projecting A Vision Of The Laws Of War, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


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.


The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft Jan 2003

The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft

Articles in Law Reviews & Other Academic Journals

Throughout the 1990's, the approach of the European Union and the United States to the conflicts in the former Yugoslavia was one of coercive appeasement. By most professional and historical accounts, this approach was a failed one, with the consequences that over 250,000 civilians were killed, thousands raped and millions displaced. Throughout the conflict, the institutions of justice created by the international community frequently served as a mere placebo rather than an antidote to the dominant approach of coercive appeasement. Frequently key policymakers actively sought to constrain the role of justice during the peace building process. At times ...


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.


Ending Marriage As We Know It, Nancy Polikoff Jan 2003

Ending Marriage As We Know It, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher Jan 2003

Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.