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2004

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Articles 1 - 30 of 177

Full-Text Articles in Law

A Public View Of Attorney Discipline In Florida: Statistics, Commentary, And Analysis Of Disciplinary Actions Against Licensed Attorneys In The State Of Florida From 1988-2002 Dec 2004

A Public View Of Attorney Discipline In Florida: Statistics, Commentary, And Analysis Of Disciplinary Actions Against Licensed Attorneys In The State Of Florida From 1988-2002

Articles in Law Reviews & Other Academic Journals

A review of Florida Bar discipline from documents available to the public from 1988-2002.


Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi Nov 2004

Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi

Amicus Briefs

Amicus on behalf of the Internet Archive and the CCIA, requesting the Supreme Court of the United States to deny the petition for certiorari in the MGM v. Grokster case.


Declaration On Issues Of The Laws Of War, Corporate Liability And Other Issues Of International Law In Agent Orange Ats Litigation, Kenneth Anderson Nov 2004

Declaration On Issues Of The Laws Of War, Corporate Liability And Other Issues Of International Law In Agent Orange Ats Litigation, Kenneth Anderson

Congressional and Other Testimony

This 2004 expert declaration was offered on behalf of defendant corporations in Agent Orange litigation heard before Judge Jack Weinstein in 2005 as part of an Alien Tort Statute action by Vietnamese individuals and associations. I have posted it to SSRN because of the numerous requests I have had for it, and as it has been cited in scholarship.The Declaration starts by offering a basic discussion of the sources of international and in particular customary international law and the meaning and role of opinio juris, and their relation to ATS cases following the Sosa case. It then addresses laws of …


A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck Oct 2004

A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck

Articles in Law Reviews & Other Academic Journals

In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that adversely affect their ability to do and stay in business. This article focuses on analyzing which methods small businesses should use in constructing their dispute resolution provisions and how to avoid errors in drafting and negotiation.


Anthrax Hoaxes, Ira Robbins Oct 2004

Anthrax Hoaxes, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist2 and who was condemned by the media.3 Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond.4 Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …


The Parent Trap: Uncovering The Myth Of "Coerced Parenthood" In Frozen Embryo Disputes, Ellen Waldman Jun 2004

The Parent Trap: Uncovering The Myth Of "Coerced Parenthood" In Frozen Embryo Disputes, Ellen Waldman

American University Law Review

No abstract provided.


Freedom Of Establishment Of Legal Persons Within The European Union: An Analysis Of The European Court Of Justice Decision In The Überseering Case, Nicole Rothe Jun 2004

Freedom Of Establishment Of Legal Persons Within The European Union: An Analysis Of The European Court Of Justice Decision In The Überseering Case, Nicole Rothe

American University Law Review

No abstract provided.


A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio Jun 2004

A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio

American University Law Review

No abstract provided.


Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson Jun 2004

Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson

American University Law Review

No abstract provided.


Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer Jun 2004

Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer

American University Law Review

No abstract provided.


Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action, Reginald Oh Jun 2004

Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action, Reginald Oh

American University Law Review

No abstract provided.


Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas Jun 2004

Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas

American University Law Review

No abstract provided.


The Networking Economic Effects Of Whiteness, Brant T. Lee Jun 2004

The Networking Economic Effects Of Whiteness, Brant T. Lee

American University Law Review

Network economic analysis provides an important and intuitive explanation of racial inequality. In short, Whiteness is Microsoft's Windows operating system, or the QWERTY keyboard, or the standard (non-metric) measurement system, and difficult to dislodge for many of the same reasons. Network effects explain how the establishment of a dominant market standard 1) can be contingent on historical context, 2) does not necessarily derive from superior intrinsic merit, and 3) exhibits strong self-reinforcing characteristics that can maintain the dominance of the standard in perpetuity, even in the absence of any explicit or conscious determination to maintain it. All of these factors …


Right Wing Justice: The Conservative Campaign To Take Over The Courts, Herman Schwartz Apr 2004

Right Wing Justice: The Conservative Campaign To Take Over The Courts, Herman Schwartz

Books

Right Wing Justice raises the alarm about the creeping conservative campaign to "pack" America's courts with judges more identified with their ideological affiliation than their skill or regard for the Constitution. The consequence is that the rule of law is taking a terrific beating from the Supreme Court. Who can forget the debacle of Election 2000? But the consequences of the campaign go far deeper than that, impinging on the daily lives of ordinary Americans who are at the receiving end of attempts to overturn or erode Supreme Court rulings on abortion, school prayer, civil rights, criminal justice, and economic …


Econometric Methods In Staples, Jonathan Baker, Orley Ashenfelter, David Ashmore, Suzanne Gleason, Daniel Hosken Apr 2004

Econometric Methods In Staples, Jonathan Baker, Orley Ashenfelter, David Ashmore, Suzanne Gleason, Daniel Hosken

Articles in Law Reviews & Other Academic Journals

Econometrics played a major role in the investigation and litigation of the Federal Trade Commission's successful challenge to the proposed merger between two office superstore chains, Staples and Office Depot. Our goal in writing this essay is to describe the econometric issues at stake in evaluating the FTC's central claim that the price charged by office supply superstores was related to the number and identity of superstore firms participating in the market. Similar statistical models were relied upon by the FTC and the merging firms to analyze pricing. Our discussion of these models highlights the advantages and disadvantages of alternative …


The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn Apr 2004

The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn

American University Law Review

No abstract provided.


2003 Government Contract Decisions Of The Federal Circuit, Douglas L. Patin Apr 2004

2003 Government Contract Decisions Of The Federal Circuit, Douglas L. Patin

American University Law Review

No abstract provided.


2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis Apr 2004

2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis

American University Law Review

No abstract provided.


2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland Apr 2004

2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland

American University Law Review

No abstract provided.


Independent Study On Best Practices, Including Recommendations, To Assist States In Strengthening Their Domestic Capacity To Combat All Aspects Of Impunity, By Professor Diane Orentlicher, Diane Orentlicher Feb 2004

Independent Study On Best Practices, Including Recommendations, To Assist States In Strengthening Their Domestic Capacity To Combat All Aspects Of Impunity, By Professor Diane Orentlicher, Diane Orentlicher

Reports

Transmits: Independent study on best practices, including recommendations, to assist States in strengthening their domestic capacity to combat all aspects of impunity / by Diane Orentlicher.


Economists And Lawyers Roundtable, Jonathan Baker, R. Hewitt Pate, William Baer, Wayne "Dale" Collins, James Loftis, James Rill, Daniel Rubinfeld, Robert Willig, Dennis Carlton Feb 2004

Economists And Lawyers Roundtable, Jonathan Baker, R. Hewitt Pate, William Baer, Wayne "Dale" Collins, James Loftis, James Rill, Daniel Rubinfeld, Robert Willig, Dennis Carlton

Presentations

This three-day workshop brought together prominent practitioners, academics and enforcement officials to discuss the Horizontal Merger Guidelines. The workshop explored state-of-the-art application of the Guidelines by those with the most experience using them. In preparation for this workshop, the Agencies released data associated with their enforcement efforts.


Coordinated Effects, Jonathan Baker, Michael Knight, Andrew Dick, Paul Yde, Deborah Majoras, Steven Salop, David Scheffman Feb 2004

Coordinated Effects, Jonathan Baker, Michael Knight, Andrew Dick, Paul Yde, Deborah Majoras, Steven Salop, David Scheffman

Presentations

This three-day workshop brought together prominent practitioners, academics and enforcement officials to discuss the Horizontal Merger Guidelines. The workshop explored state-of-the-art application of the Guidelines by those with the most experience using them. In preparation for this workshop, the Agencies released data associated with their enforcement efforts.


Keynote Address: Regulating Media Competition: The Development And Implications Of The Fcc's New Broadcast Ownership Rules, Susan Ness Feb 2004

Keynote Address: Regulating Media Competition: The Development And Implications Of The Fcc's New Broadcast Ownership Rules, Susan Ness

American University Law Review

No abstract provided.


Transcript For Panel Discussion- Regulating Media Competition: The Development And Implications Of The Fcc’S New Broadcast Ownership Rules, American University Law Review Feb 2004

Transcript For Panel Discussion- Regulating Media Competition: The Development And Implications Of The Fcc’S New Broadcast Ownership Rules, American University Law Review

American University Law Review

No abstract provided.


Comments On The Fcc's Recent Mass Media Ownership Decision, William Fishman Feb 2004

Comments On The Fcc's Recent Mass Media Ownership Decision, William Fishman

American University Law Review

No abstract provided.


Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza Feb 2004

Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza

American University Law Review

No abstract provided.


Media Concentration: A Case Of Power, Ego, And Greed Confronting Our Sensibilities, W. Curtiss Priest Feb 2004

Media Concentration: A Case Of Power, Ego, And Greed Confronting Our Sensibilities, W. Curtiss Priest

American University Law Review

No abstract provided.


On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips Feb 2004

On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips

American University Law Review

No abstract provided.


The Politics And Policy Of Media Ownership, Ben Scott Feb 2004

The Politics And Policy Of Media Ownership, Ben Scott

American University Law Review

No abstract provided.


The Uhf Discount: Shortchanging The Public Interest, Cecilia Rothenberger Feb 2004

The Uhf Discount: Shortchanging The Public Interest, Cecilia Rothenberger

American University Law Review

No abstract provided.