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2003

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Articles 31 - 60 of 8849

Full-Text Articles in Law

Brief Amicus Curiae Of Joseph R. Grodin As Amicus Curiae Supporting Neither Party (Vacatur), Elk Grove Unified School District V. Newdow, No. 02-1624 (U.S. Dec. 19, 2003), ., Neal K. Katyal Dec 2003

Brief Amicus Curiae Of Joseph R. Grodin As Amicus Curiae Supporting Neither Party (Vacatur), Elk Grove Unified School District V. Newdow, No. 02-1624 (U.S. Dec. 19, 2003), ., Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.


Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker Dec 2003

Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker

ExpressO

This paper explores the tortured history of developing countries’ pursuit of access to affordable generic medicines that they are unable to produce efficiently on their own. Having lost rights to treat medicines as essential commodities and as generalized exceptions to patent protections in the WTO TRIPS Agreement, developing countries and public health activists temporarily reasserted the primacy of health over profits in the Doha Declaration on the TRIPS Agreement and Public Health in November of 2001. However, since most developing countries lack meaningful pharmaceutical capacity to manufacture medicines efficiently on their own, they needed flexibility to import medicines from countries ...


Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher Dec 2003

Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

In the past, courts generally deferred to legislatures when determining whether a law constitutes a regulatory taking. However, not all regulations are treated equal, and different tests apply to different types of regulations. Types of land use actions with a lower threshold of constitutionally include exactions, and regulations that apply fixed fee schedules to private landowners. This article combs both federal and New York law to come to the clear determination that universal standards exist for each type of regulation.


Book Review: The Many Faces Of Power: An International Law Response To Robert Kagan’S “Of Paradise And Power”, Jason G. Morgan-Foster Dec 2003

Book Review: The Many Faces Of Power: An International Law Response To Robert Kagan’S “Of Paradise And Power”, Jason G. Morgan-Foster

ExpressO

After summarizing the main points of Kagan’s book, the review responds to Kagan’s perception of power using the assumptions of international law, contrasting his definition of power to that of several international legal scholars. It then places Kagan’s realist approach in a broader context of international relations and international legal theory, beginning with a discussion of challenges to realism, and concluding with an examination of the growing body of “integrationist” literature which posits that the fields of international law and international relations are merging. The review then returns to the question of power, examining ways in which ...


Determinantes Explícitos E Implícitos De La Deuda Externa Pública Peruana, José Manuel Martin Coronado Dec 2003

Determinantes Explícitos E Implícitos De La Deuda Externa Pública Peruana, José Manuel Martin Coronado

José-Manuel Martin Coronado

This research aims to prove that sound economic policies are nothing more that basic conditions for the foreign public debt problem. In fact, by studying the factors of public debt issues in Peru, Latin America and the emerging economies it’s clear that some implicit economic and non-economic factors have to be considered because of the social complexity and variable characteristics in emerging economies. This causes failures in economic policies assumptions, inefficiencies, distorted causality and nonrational behavior. This paper proposes, first, to perform a deep and comparative analysis of the foreign debt determinants in emerging economies, then, to allocate financial ...


Vol. 25, No. 16 (December 15, 2003) Dec 2003

Vol. 25, No. 16 (December 15, 2003)

Indiana Law Annotated

No abstract provided.


Summary Of Barry V. Lindner, 119 Nev. Adv. Op. No. 45, Matt Wagner Dec 2003

Summary Of Barry V. Lindner, 119 Nev. Adv. Op. No. 45, Matt Wagner

Nevada Supreme Court Summaries

No abstract provided.


Direito Da Concorrência: A Vez Da Sociedade, Carlos Emmanuel Joppert Ragazzo Dec 2003

Direito Da Concorrência: A Vez Da Sociedade, Carlos Emmanuel Joppert Ragazzo

carlos ragazzo

No abstract provided.


Dying To Get Out Of Debt: Consumer Insolvency Law And Suicide In Japan, Mark West Dec 2003

Dying To Get Out Of Debt: Consumer Insolvency Law And Suicide In Japan, Mark West

Law & Economics Working Papers Archive: 2003-2009

This Article explores the complex relation between consumer insolvency law and suicide in Japan, where bankruptcies and suicides have increased dramatically in recent years. The statistical and interview evidence, some of which relates to the creation of a relatively efficient and socially acceptable insolvency mechanism in 2001, suggests that law is at least indirectly relevant to decisions to take one’s own life. Law can bring about debt control and stigma mitigation, each of which can lead to lower levels of stress and depression, each of which can lead to lower suicide rates. Still, responses to the law, even in ...


Employment Market Institutions And Japanese Working Hours, Mark West Dec 2003

Employment Market Institutions And Japanese Working Hours, Mark West

Law & Economics Working Papers Archive: 2003-2009

Why do Japanese workers work such long hours? Beginning with a series of cases in the 1950s, Japanese courts drastically curtailed firms’ abilities to dismiss workers. As a consequence of the inability to dismiss workers legally, large Japanese firms hired a smaller number of workers than were necessary to fulfill capacity without overtime. Employers rely on the working hours of this undersized cadre of workers, carefully screened to rule out the slothful, as a buffer. In bad times, the size of the work force makes dismissal unnecessary. In good times, workers are forced to work long hours. While these court ...


5 Reasons Defense Attorneys Should Be Thankful, Timothy O'Neill Dec 2003

5 Reasons Defense Attorneys Should Be Thankful, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


The Dogmatic And Practical Implications Of Article 78 Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) On Claims For Interest Under International Sales Contracts. , Friso Garbers Dec 2003

The Dogmatic And Practical Implications Of Article 78 Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) On Claims For Interest Under International Sales Contracts. , Friso Garbers

ExpressO

The paper deals with the current controversy in regard to the interpretation of article 78 Convention on the International Sale of Goods (CISG). In particular, the determination of the interest rate is discussed in detail.


Social Welfare, Human Dignity, And The Puzzle Of What We Owe Each Other, Amy L. Wax Dec 2003

Social Welfare, Human Dignity, And The Puzzle Of What We Owe Each Other, Amy L. Wax

Faculty Scholarship at Penn Law

Proponents of work-based welfare reform claim that moving the poor from welfare to work will advance the goals of economic self-reliance and independence. Reform opponents attack these objectives as ideologically motivated and conceptually incoherent. Drawing on perspectives developed by luck egalitarians and feminist theorists, these critics disparage conventional notions of economic desert, find fault with market measures of value, debunk ideals of autonomy, and emphasize the pervasiveness of interdependence and unearned benefits within free market societies. These arguments pose an important challenge to justifications usually advanced for work-based welfare reform. Reform proponents must concede that no member of society can ...


You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton Dec 2003

You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton

Faculty Scholarship

Many antidiscrimination statutes limit speech by employers, landlords, lenders, and other decisionmakers in one or both of two ways: (1) by prohibiting queries soliciting information about an applicant's disability, sexual orientation, marital status, or other protected characteristic; and (2) by proscribing discriminatory advertisements or other expressions of discriminatory preference for applicants based on race, sex, age, sexual orientation, or other protected characteristics.

This Article explores how we might think about these laws for First Amendment purposes. Part I outlines the range of civil rights restrictions on decisionmaker speech, while Part II identifies the antidiscrimination and privacy concerns that drive ...


Patenting Computer Data Structures: The Ghost, The Machine And The Federal Circuit, Andrew Joseph Hollander Dec 2003

Patenting Computer Data Structures: The Ghost, The Machine And The Federal Circuit, Andrew Joseph Hollander

Duke Law & Technology Review

Courts view "data structures," the mechanism by which computers store data in meaningful relationships, differently than do computer scientists. While computer scientists recognize that data structures have aspects that are both physical (how they are stored in memory) and logical (the relationships among the stored information), the Federal Circuit, in its attempts to set clear standards of the scope of patentability of data structures, has not fully appreciated their dualistic nature. This i-brief explains what data structures are, explores how courts have wrestled with setting a limiting principle to determine their patentability, and discusses the resultant impact on claim drafting.


Vol. 25, No. 15 (December 8, 2003) Dec 2003

Vol. 25, No. 15 (December 8, 2003)

Indiana Law Annotated

No abstract provided.


Injustice Casts Shadow On History Of State Executions, John Bessler Dec 2003

Injustice Casts Shadow On History Of State Executions, John Bessler

All Faculty Scholarship

This article, published in the StarTribune of Minneapolis, discusses the history of lynchings and executions in the State of Minnesota. It specifically discusses miscarriages of justice that have taken place in Minnesota, along with highlighting other problems associated with capital punishment.


Arthur Harris, Class Of 2004, Boston College Law School Dec 2003

Arthur Harris, Class Of 2004, Boston College Law School

Law School Publications

No abstract provided.


Five Cheers For Galileo, Daniel R. Coquillette Dec 2003

Five Cheers For Galileo, Daniel R. Coquillette

Boston College Law School Lectures and Presentations

No abstract provided.


The Summary Judgment Standard And Pleading Requirements For Conspiracy Claims Relying On The Doctrine Of Conscious Parallelism, Robert Bell, Lee Greenfield, Veronica Kanye, William Kolasky, Jim Lowe, Doug Melamed, Thomas Mueller, Ali Stoeppelwerth Dec 2003

The Summary Judgment Standard And Pleading Requirements For Conspiracy Claims Relying On The Doctrine Of Conscious Parallelism, Robert Bell, Lee Greenfield, Veronica Kanye, William Kolasky, Jim Lowe, Doug Melamed, Thomas Mueller, Ali Stoeppelwerth

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

Last spring there was growing concern in the wake of the Seventh Circuit’s decision in In re High Fruc-tose Corn Syrup1 that the courts might be adopting a more receptive attitude toward antitrust claims based on allegations of consciously parallel pricing and other behavior in highly concentrated industries. Three decisions in the last few months suggest that High Fructose Corn Syrup may remain an aberration and that most courts remain deeply skeptical of claims that seek to infer agreement from consciously parallel conduct without any hard evidence of conspiracy. Two of these three decisions, Williamson Oil Co., Inc. v ...


Regulating Irrational Exuberance And Anxiety In Securities Markets , Peter H. Huang Dec 2003

Regulating Irrational Exuberance And Anxiety In Securities Markets , Peter H. Huang

Faculty Scholarship at Penn Law

This paper analyzes the regulatory implications of irrational exuberance and anxiety in securities markets. U.S. federal securities laws mandate the disclosure of certain information, but regulate only the cognitive form and content of that information. An important and unstudied question is how to regulate securities markets where some investors respond not only cognitively to the form and content of information, but also emotionally to the form and content of information. This paper investigates that question when some investors feel exuberance or anxiety that is unjustified by cognitive processing of the available information. This paper develops the implications for mandatory ...


Extensión De Quiebra Y Socios Ilimitadamente Responsables, Carlos Molina Sandoval Dec 2003

Extensión De Quiebra Y Socios Ilimitadamente Responsables, Carlos Molina Sandoval

Carlos Molina Sandoval

La extensión de quiebra a los socios con responsabilidad ilimitada ha sido el típico e inveterado supuesto concebido ya desde la sanción del Cód. Com. (arts. 1530, Cód Com. de 1.880; 1384, Cód Com. de 1.889; 4, ley 4156; 6, ley 11.719, y 164, ley 19.551). En esencia, importa la declaración de quiebra de los socios con responsabilidad ilimitada en caso de que la sociedad sea declarada en quiebra. Básicamente los presupuestos son: i) declaración de quiebra de la sociedad; ii) existencia de socios con responsabilidad ilimitada. En el presente trabajo se analizan los distintos aspectos ...


History Lesson Comes From Grant Street Inn, Lyndsey Williams Dec 2003

History Lesson Comes From Grant Street Inn, Lyndsey Williams

William Perry Rogers (1896-1902)

No abstract provided.


U.S. Infringement Liability For Foreign Sellers Of Infringing Products, Troy Petersen Dec 2003

U.S. Infringement Liability For Foreign Sellers Of Infringing Products, Troy Petersen

Duke Law & Technology Review

With the ever-increasing international flavor of business comes an important question for United States patent holders and foreign manufacturers alike: Can a company be held liable for patent infringement in the United States for selling an infringing product abroad that is later imported into the United States?


Cross-Border Outsourcing: U.S. International Tax Pitfalls, Pratfalls, And Opportunities, Anthony C. Infanti Dec 2003

Cross-Border Outsourcing: U.S. International Tax Pitfalls, Pratfalls, And Opportunities, Anthony C. Infanti

Anthony C. Infanti

During the past decade, there has been a surge in outsourcing by businesses both in the United States and abroad. In the face of this surge in outsourcing as well as the trend toward outsourcing activities that come closer and closer to a business' "core," some commentators have underscored the need for businesses to make an educated decision about whether and what to outsource. This article, which, as its title indicates, is particularly concerned with cross-border outsourcing, is written in the same vein. It provides a non-exhaustive examination of the myriad of circumstances under which a decision to outsource the ...


Controlling Organized Crime And Corruption In The Public Sector , Edgardo Buscaglia Dec 2003

Controlling Organized Crime And Corruption In The Public Sector , Edgardo Buscaglia

Edgardo Buscaglia

Organized crime and corruption are shaped by the lack of strength of the control mechanisms of the State and civil society. The results presented in the present article attest to the links between the growth of organized crime and that of corruption in the public sector in a large number of countries. The two types of complex crime reinforce each other. To identify and isolate the influential factors behind the growth of corruption in the public sector and organized crime, the present article presents and analyses qualitative and quantitative information on a large sample of countries and territories representing worldwide ...


Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman Dec 2003

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

Francine J. Lipman

Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities.

In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage ...


La Necesidad De Tipificar Las Infracciones A La Constitución De Los Altos Funcionarios Públicos, Daniel Soria Luján Dec 2003

La Necesidad De Tipificar Las Infracciones A La Constitución De Los Altos Funcionarios Públicos, Daniel Soria Luján

Daniel Soria Luján

No abstract provided.


Fisheries In Sundarbans: Problems And Prospects, Ganesh Chandra, R L. Sagar Dec 2003

Fisheries In Sundarbans: Problems And Prospects, Ganesh Chandra, R L. Sagar

Ganesh Chandra

Sundarbans, the largest delta on the planet earth is famous for its marine and estuarine fish resources. A large population is dependent on fishery activity and capture fisheries is treated as the backbone of Sundarban economy. Sundarban boast around 172 species of fishes, 20 species of prawn and 44 species of crabs including two edible crabs. But fisheries in Sundarbans faces some difficult problems which have an impact on the biodiversity, sustainability and livelihood of fish resources and fisher folk viz. shrinking tiger prawn population, indiscriminate fish seed collection, lack of post harvest and other infrastructures, natural calamities such as ...


Whom Are We Teaching? Members Of Communities, Lisa A. Tucker Dec 2003

Whom Are We Teaching? Members Of Communities, Lisa A. Tucker

Lisa T. McElroy

No abstract provided.