Law Commons^™

Recent Intensification Of Investor Protection In The Korean Securities Market: The Mandatory And Fair Disclosure Systems, Kwang-Rok Kim

Washington International Law Journal

This Article analyzes the Korean fair disclosure system and the Korean mandatory disclosure system under the Korean Securities and Exchange Act ("KSEA"). After the turbulence in the financial markets resulting from the economic crises of late 1997, the South Korean government realized that the Korean economy had failed to keep pace with the world economy. The Korean economy underwent many changes after being offered financial relief from the International Monetary Fund. As part of these changes, the government adopted a series of structural reform measures to improve the standard of corporate governance and enhance corporate management. The KSEA now provides …

The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya

Washington International Law Journal

A fundamental step that the 1994 Australian Migration Regulations developed into the immigration framework was to grant certain concessions to non-Australian spouses and interdependent partners who suffer domestic violence at the hands of their Australian counterparts. Victims of domestic violence are eligible to apply for permanent residence notwithstanding the otherwise applicable two-year waiting period. To understand the domestic violence exception, this Article explores the jurisprudence that has emerged from courts and other immigration tribunals. The Article proposes that further legislative and policy changes should be made in order to seal identified "gaps," and to provide clear guidance to interested parties, …

Preemptive Strikes And The Korean Nuclear Crisis: Legal And Political Limitations On The Use Of Force, Kelly J. Malone

Washington International Law Journal

On January 29, 2002, President George W. Bush linked North Korea, Iran and Iraq as members of an "Axis of Evil," alleging that North Korea's attempts to acquire weapons of mass destruction constituted a threat to international peace and security. On September 20, 2002, the Bush Administration released its National Security Strategy ("Strategy"). The Strategy adopted a doctrine of preemptive action that, although recognized historically, has been significantly limited by the U.N. Charter. In doing so, the Bush Administration has challenged traditional limits on the use of force, attempting to adapt the concept of "imminent threat" to the danger posed …

China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller

Washington International Law Journal

Following China's accession to the World Trade Organization ("WTO"), the Chinese government issued new regulations governing foreign law firms in China. A number of commentators have analyzed these regulations to evaluate whether China is "'on track" to fulfilling the commitments it undertook to gain entry to the WTO. However, a more basic question that should be addressed is whether the new regulations meet China's goals in joining the WTO: to foster trade and economic development and to accelerate the growth of China's legal profession. Although China appeared willing to engage in significant liberalization of the legal services sector when it …

Prosecuting International Terrorists: The Abu Sayyaf Attacks And The Bali Bombing, Sarah E. Tilstra

Washington International Law Journal

In May 2001, three Americans were kidnapped and held hostage by members of Abu Sayyaf, a guerilla group attempting to establish an Islamic state in the southern Philippines. Two of those Americans were later killed. In October 2002, a nightclub on the Indonesian resort island of Bali was destroyed in an explosion, killing over 200 people, 88 of whom were Australians. Members of the Islamic group Jemaah Islamiyah are suspected of masterminding the attack. The Abu Sayyaf suspects have yet to be caught, but Indonesia is preparing to prosecute some of the Bali bombing suspects beginning in May 2003. Using …

Private Enforcement Of Securities Fraud Law In China: A Critique Of The Supreme People's Court 2003 Provisions Concerning Private Securities Litigation, Guiping Lu

Washington International Law Journal

On January 9, 2003, China's Supreme People's Court issued a new ruling with detailed provisions governing private securities litigation involving disclosure of false or misleading information. The new ruling is expected to play an important role in regulating and developing China's securities markets by providing a necessary judicial safeguard against infringement upon investors' interests. The new ruling, however, is unlikely to achieve its expected effect due to various procedural and substantive hurdles to investor access to judicial recourse. The built-in procedural hurdles either make it very difficult for securities investors to bring private actions, or, in some circumstances, deprive them …

Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown

Washington International Law Journal

In Java, Indonesia, only about one-third of land title certificates reflect ownership by women. This lack of registered land ownership can potentially harm women by depriving them of influence within the household and leaving them vulnerable in cases of divorce or a spouse's death. This Article argues that effective land registration mechanisms and legal and social recognition of women's property rights all play a critical role in protecting women's ownership interests. Interviews with landowners and government officials in Java reveal that Indonesia's land registration processes do not effectively advance ownership rights granted under the nation's family law. Despite the government's …

The Usa Patriot Act: An Analysis Of Student Reaction Toward Governmental Access To Library Records, Kathryn A. Fifield

Undergraduate Honors Capstone Projects

The USA Patriot Act has created a furor of opinion among the library community. Many oppose the Act's affect on First Amendment rights and governmental access to library records. To investigate the opinion of Utah State University students, a survey was conducted among a random sample of 100 students. The results indicated that student opinion conforms to conservative Utah as most of the respondents believe the government can access library records if they have a court issued search warrant. Students felt it important that the suspect be informed of the investigation. Only 22% of respondents had heard of the Patriot …

Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman

All Faculty Scholarship

The child support system is not serving low-income families well. Custodial parents are not receiving the child support they need. Enforcement of child support for lowincome parents receiving welfare primarily benefits the state because the payments are owed to the government. Low-income noncustodial parents face unrealistically high child support orders and large arrearages take so much of their wages that they cannot support themselves. They go to jail-often recurrently-because they cannot meet their obligations and thereby lose the opportunity to keep a job. Their driver's licenses are suspended because they have not paid their support. To evade this punitive cycle, …

Court Review: Volume 40, Issue 1 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 1 - A Survey Of Judges’ Knowledge And Beliefs About Eyewitness Testimony, Richard A. Wise, Martin A. Safer

Court Review: Journal of the American Judges Association

Forensic DNA testing suggests that potentially large numbers of innocent persons are being convicted of crimes. Case studies conducted both prior to and following the advent of DNA testing indicate that eyewitness error is at least partially responsible for the majority of wrongful convictions. Empirical research has shown which factors contribute to eyewitness error and has identified procedural changes that could be made in the criminal justice system to significantly reduce the number of erroneous eyewitness identifications.

We report the results of a brief survey of what U.S. judges know and believe about eyewitness testimony. The present survey highlights what …

Court Review: Volume 40, Issue 1 - Editor's Note

Court Review: Journal of the American Judges Association

The lead article in this issue gives you a chance to test your beliefs about what leads to accurate—or to mistaken—eyewitness testimony. For 14 separate propositions on which research has given relatively clear answers, researchers Richard Wise and Martin Safer summarize the conclusions of researchers in the field. They also report the results of a survey of judges that tested judicial knowledge in these 14 areas, plus a few others. Thus, a review of this article will let you compare your knowledge both to other judges and to the best research available today.

Court Review: Volume 40, Issue 1 - President's Column, Michael R. Mcadam

Court Review: Journal of the American Judges Association

I’m very honored and humbled to be your President. The American Judges Association is a special organization with special attributes that no other judicial organization possesses. We are uniquely an association of judges, run by judges, for judges. And, we are uniquely an independent association of all judges. Every other judicial organization that I’m aware of has either a limited membership criterion (trial judges, Missouri judges, juvenile judges, federal judges, appellate judges, presiding judges, etc.) or it has an open membership but is controlled by someone else and is divided into impervious sections. These are all important and vital associations …

Court Review: Volume 40, Issue 1 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 1 - Children As Witnesses: What We Hear Them Say May Not Be What They Mean, David B. Battin, Stephan J. Ceci

Court Review: Journal of the American Judges Association

Children present a special challenge when they become participants in the legal system. Jean Piaget said that the work of a child is to play. That is the basis for most interactions between children and adults. The child plays and the consequences of that play are unimportant to adult affairs—that is, unless the child is under the age of 6 or 7 and is required to serve as a witness. In that situation the consequences of what the child says or chooses not to say can be truly significant. The special challenge for adults hearing the child’s testimony is to …

Court Review: Volume 40, Issue 1 - Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 1 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Same-Sex Union Announcements: Precis On A Not So Picayune Matter, James M. Donovan

Law Faculty Scholarly Articles

Although some newspapers have voluntarily begun to publish same-sex union announcements, others will continue in their traditional exclusionary practices. Some of those papers can anticipate being accused in court of unlawful discrimination where the law allows that cause of action. Reflexively, those newspapers will in turn erect a defensive shield from such charges by appealing, at least in part, to the First Amendment.

This comment examines the viability of that defense. The set-piece for the discussion are the details of a complaint, described in Part I, lodged against the Times-Picayune by a lesbian couple that was denied access to its …

The Ethics Of Apology And The Role Of An Ombuds From The Perspective Of A Lawyer, Sharan Lee Levine, Paula A. Aylward

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University, March 20, 2003.

Developing A Taste For Not Being Discriminated Against, Mary Anne Case

Public Law and Legal Theory Working Papers

No abstract provided.

Classes, Persons, Equal Protection, And Village Of Willowbrook V. Olech, Robert C. Farrell

Washington Law Review

In most contexts, the Equal Protection Clause serves as a limitation on government classifications, but it has also been used as a protector of individual rights. These competing versions of equal protection are contradictory, but courts have for the most part ignored this problem. In Village of Willowbrook v. Olech, the United States Supreme Court determined that an individual homeowner had stated a valid equal protection claim when she alleged that she alone, without regard to her membership in any class, had been treated differently from other similarly situated homeowners. The Court's decision in Olech has created a powerful …

What Is The Rule Of Law? Perspectives From Central Europoe And The American Academy, Louis E. Wolcher

Washington Law Review

The title of my talk is "What is the Rule of Law?"—and its subtitle is "Perspectives from Central Europe and the American Academy." I represent the "American Academy" part, and as I will make clear in a little while, the other part comes from my sustained engagement, over the past ten years, with legal theorists and political philosophers in the Republic of Slovenia. Slovenia, by the way, is a nation that was created twelve years ago as the northernmost of those "breakaway" republics of the former Yugoslavia.

Who Owns "The Law"? The Effect On Copyrights When Privately-Authored Works Are Adopted Or Enacted By Reference Into Law, Katie M. Colendich

Washington Law Review

The law," including judicial opinions and statutes, is not copyrightable because neither individuals nor organizations own the law. This longstanding principle is supported by the public's due process right to access the law. The United States Supreme Court has never determined the status of a private organization's copyright on model codes or standards when a legislature adopts those materials into law. Federal courts have taken several different approaches to resolving this issue; however, their decisions are in direct conflict with each other. The Second and Ninth Circuits permit private authors to retain copyrights of materials subsequently enacted into law, while …

Conundrums With Penumbras: The Right To Privacy Encompasses Non-Gamete Providers Who Create Preembryos With The Intent To Become Parents, Lainie M.C. Dillon

Washington Law Review

To date, five state high courts have resolved disputes over frozen preembryos. These disputes arose during divorce proceedings between couples who had previously used assisted reproduction and cryopreserved excess preembryos. In each case, one spouse wished to have the preembryos destroyed, while the other wanted to be able to use or donate them in the future. The parties in these cases invoked the constitutional right to privacy to argue for dispositional control over the preembryos; two of the five cases were resolved by relying on this right. The constitutional right to privacy protects intimate decisions involving procreation, marriage, and family …

Misguided Instructions: Do Jurors Accurately Understand The Law In Death Penalty Trials?, Chasity Anne Stoots-Fonberg

Electronic Theses and Dissertations

The Sixth Amendment of the U.S. Constitution guarantees individuals’ right to trial by an impartial jury. However, empirical research indicates that the jury system is flawed, especially regarding judicial sentencing instructions. More specifically, jurors frequently misunderstand or misinterpret State patterned instructions. On a more encouraging note, there is evidence that comprehension of jury instructions can be improved. Thus, this research assessed improvement in juror comprehension using revised sentencing instructions. For the current investigation, participants included 201 volunteers called for jury duty in Western Tennessee. Data were generated via a questionnaire, which allowed for the collection of information relating to participants’ …

Table Of Contents - Issue 4, North Carolina Law Review

North Carolina Law Review

No abstract provided.

The Academic Consequences Of Desegragation And Segregation: Evidence From The Charlotte-Mecklenburg Schools, Roslyn Arlin Mickelson

North Carolina Law Review

No abstract provided.

Title I As An Instrument For Achieving Desegregation And Equal Educational Opportunity, William L. Taylor

North Carolina Law Review

No abstract provided.

Inside Unlv, Gian Galassi, Richard Morgan, Carol C. Harter

Inside UNLV

No abstract provided.

Review Of The Hanging Of Ephraim Wheeler : A Story Of Rape, Incest, And Justice In Early America, Michael F. Russo

Faculty Publications

No abstract provided.