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Articles 1771 - 1800 of 8879
Full-Text Articles in Law
Speech: The Bill Of Rights, Garrett Epps
Speech: The Bill Of Rights, Garrett Epps
All Faculty Scholarship
The Bill of Rights is a much more fortuitous addition to the Constitution than many people imagine. The tired delegates at Philadelphia were unable to make the final effort to frame a bill of rights, and their failure nearly caused the collapse of ratification. When the First Congress met, James Madison took responsibility for making the new government live up to the implied pledge made during ratification to provide a partial list, drawn from the historic rights on English subjects. Not all Madison's proposed amendments were adopted however. The work of adumbrating the full scope of liberty under the Constitution …
And The Wall Came Tumbling Down: Secret Surveillance After The Terror, William C. Banks
And The Wall Came Tumbling Down: Secret Surveillance After The Terror, William C. Banks
University of Miami Law Review
No abstract provided.
Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley
Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley
University of Miami Law Review
No abstract provided.
Tfosorcim And Cromiftos: Why High-Technology Antitrust Inquiry Is Backwards And Inside-Out, Jon Polenberg
Tfosorcim And Cromiftos: Why High-Technology Antitrust Inquiry Is Backwards And Inside-Out, Jon Polenberg
University of Miami Law Review
No abstract provided.
Introduction, Peter K. Yu
Introduction, Peter K. Yu
Cardozo Journal of International and Comparative Law
The introduction explores the challenges of protecting traditional knowledge, folklore, and indigenous practices within the global intellectual property framework. It argues that the success of such protection depends on selecting the appropriate international forum for negotiations, fostering a nonzero-sum mindset among negotiators, addressing cognitive barriers, and ensuring the active participation of indigenous communities. The introduction emphasizes the need for a balanced approach that considers the diverse interests of various stakeholders, including developed and developing countries, indigenous peoples, and international organizations.
A Hamburg Childhood: The Early Life Of Herbert Bernstein, Paul H. Haagen
A Hamburg Childhood: The Early Life Of Herbert Bernstein, Paul H. Haagen
Duke Journal of Comparative & International Law
No abstract provided.
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Duke Journal of Comparative & International Law
No abstract provided.
Foreword: Compared To What?, Donald L. Horowitz
Foreword: Compared To What?, Donald L. Horowitz
Duke Journal of Comparative & International Law
No abstract provided.
Editor’S Note, Deborah A. Demott
Editor’S Note, Deborah A. Demott
Duke Journal of Comparative & International Law
No abstract provided.
Civil Justice Systems In Europe And The United States, Hein Kötz
Civil Justice Systems In Europe And The United States, Hein Kötz
Duke Journal of Comparative & International Law
No abstract provided.
The Civil Jury And American Democracy, Paul D. Carrington
The Civil Jury And American Democracy, Paul D. Carrington
Duke Journal of Comparative & International Law
No abstract provided.
Shift Happens: Pressure On Foreign Attorney-Fee Paradigms From Class Actions, Thomas D. Rowe Jr.
Shift Happens: Pressure On Foreign Attorney-Fee Paradigms From Class Actions, Thomas D. Rowe Jr.
Duke Journal of Comparative & International Law
No abstract provided.
Justice Jackson’S Lament: Historical And Comparative Perspectives On The Availability Of Legislative History, Richard A. Danner
Justice Jackson’S Lament: Historical And Comparative Perspectives On The Availability Of Legislative History, Richard A. Danner
Duke Journal of Comparative & International Law
No abstract provided.
Commercial Trusts As Business Organizations: An Invitation To Comparatists, Steven L. Schwarcz
Commercial Trusts As Business Organizations: An Invitation To Comparatists, Steven L. Schwarcz
Duke Journal of Comparative & International Law
No abstract provided.
Whose Precaution After All? A Comment On The Comparison And Evolution Of Risk Regulatory Systems, Jonathan B. Wiener
Whose Precaution After All? A Comment On The Comparison And Evolution Of Risk Regulatory Systems, Jonathan B. Wiener
Duke Journal of Comparative & International Law
No abstract provided.
The American Civil Jury For Ausländer (Foreigners), Neil Vidmar
The American Civil Jury For Ausländer (Foreigners), Neil Vidmar
Duke Journal of Comparative & International Law
No abstract provided.
Defining Traditional Knowledge - Lessons From Cultural Property, Sarah Harding
Defining Traditional Knowledge - Lessons From Cultural Property, Sarah Harding
Cardozo Journal of International and Comparative Law
The article critiques the assumptions embedded in the terms "traditional" and "cultural" when applied to the property and knowledge of indigenous peoples, particularly Native Americans. It argues that these terms often reflect Western notions of authenticity, collectivity, and inalienability, which may not fully align with the lived experiences and evolving cultural practices of indigenous communities. The analysis emphasizes the need for flexibility in defining cultural property and traditional knowledge, as these concepts are shaped by historical colonization, sovereignty struggles, and contemporary political dynamics.
Legal Protection Of Indigenous Culture In Australia, Ronald Sackville
Legal Protection Of Indigenous Culture In Australia, Ronald Sackville
Cardozo Journal of International and Comparative Law
The article examines the legal protection of Indigenous culture in Australia, highlighting both progress and persistent challenges. While significant strides have been made, such as constitutional amendments and the recognition of native title, the legal system still struggles to adequately protect Indigenous cultural rights, particularly in reconciling them with existing intellectual property and heritage protection frameworks.
In Dubio Pro Conventione? Some Thoughts About Opt-Outs, Computer Programs And Preëmption Under The 1980 Vienna Sales Convention (Cisg), Joseph Lookofsky
In Dubio Pro Conventione? Some Thoughts About Opt-Outs, Computer Programs And Preëmption Under The 1980 Vienna Sales Convention (Cisg), Joseph Lookofsky
Duke Journal of Comparative & International Law
No abstract provided.
When Is A Principal Charged With An Agent’S Knowledge?, Deborah A. Demott
When Is A Principal Charged With An Agent’S Knowledge?, Deborah A. Demott
Duke Journal of Comparative & International Law
No abstract provided.
Court Review: Volume 40, Issue 2 - Editor's Note
Court Review: Volume 40, Issue 2 - Editor's Note
Court Review: Journal of the American Judges Association
We begin this issue by reprinting Burke’s remarks at the Rehnquist Award ceremony. Burke tries to identify the key ingredients needed to let a court fulfill its promise to the public. His list includes fairness and respect, listening and understanding, and accountability. We think you’ll find his comments of interest. We invite your response, either via a letter to the editor or a responsive essay.
Global Trends In Mediation, Nadja Alexander
Global Trends In Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation is a process both new, in terms of its emergence in the legal arena, and old in terms of its timeless universality. From its birth in the western world, mediation has travelled a winding and often challenging path through common law and then civil law jurisdictions. Suggestions that mediation would be nothing more than a short-lived fad have been short-lived themselves. At the same time many critical questions about mediation process, mediation structures and environment, and mediation outcomes have yet to be explored from a global and comparative perspective.
What Would You Do - With A Taniwha At The Table?, Ian Macduff
What Would You Do - With A Taniwha At The Table?, Ian Macduff
Research Collection Yong Pung How School Of Law
In New Zealand, a complicating factor in some disputes may involve the presence (whether one believes it or not) of a taniwha, or spirit, as a major part of the negotiations. What advice would you have for mediators who face such significant cross-cultural, identity-based issues? The author hopes readers of this journal will be able to provide some insighful advice.
Indonesia: Ambling On With The Status Quo, Eugene Kheng Boon Tan
Indonesia: Ambling On With The Status Quo, Eugene Kheng Boon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Once A Director, Always A Fiduciary?, Pearlie Koh
Once A Director, Always A Fiduciary?, Pearlie Koh
Research Collection Yong Pung How School Of Law
The corporate director is subject to duties of good faith and loyalty. As he stands in a fiduciary position vis-a-vis the company on whose board he sits, he is subject to strict obligations of self-denial. Indeed, ensuring adherence to an absolute rule in this regard is justified by the need to control, albeit in a necessarily imperfect and arguably ineffective manner, the exercise of discretion by the director who stands in an undoubted position of power with respect to the company. A director therefore is obliged to avoid a conflict of interests and is prohibited from profiting from his office. …
July 2003, Status Of The Response By The Office Of The Compliance Advisor, Cao
July 2003, Status Of The Response By The Office Of The Compliance Advisor, Cao
CAO General 1999-Present
No abstract provided.
Smart Growth In Western Metro Areas, Robert H. Freilich
Smart Growth In Western Metro Areas, Robert H. Freilich
Natural Resources Journal
No abstract provided.
Trademarks Under The North American Free Trade Agreement (Nafta) With References To The New Trademark Law Of Spain, Effective July 31, 2002, And The Current Mexican Law, Roberto Rosas
Faculty Articles
A trademark is any distinctive sign indicating that certain products or services have been manufactured or rendered by a specific person or company. This concept is currently recognized worldwide; however, the origin of trademarks dates back to antiquity when artisans placed their signatures or “marks” on their products containing an artistic or utilitarian element. Through time, these marks have evolved to such an extent that today, a reliable and efficient system for their registration and protection has been established. Besides protecting owners of trademarks, this system also helps consumers identify and purchase goods or services, which, because of the essence …
Traditional Knowledge, Intellectual Property, And Indigenous Culture: An Introduction, Peter K. Yu
Traditional Knowledge, Intellectual Property, And Indigenous Culture: An Introduction, Peter K. Yu
Faculty Scholarship
Human communities have always generated, refined and passed on knowledge from generation to generation. Such "traditional" knowledge" [sic] is often an important part of their cultural identities. Traditional knowledge has played, and still plays, a vital role in the daily lives of the vast majority of people. Traditional knowledge is essential to the food security and health of millions of people in the developing world. In many countries, traditional medicines provide the only affordable treatment available to poor people. In developing countries, up to 80% of the population depend on traditional medicines to help meet their healthcare needs. In addition, …