Law Commons^™

The Proceedings Of The European Ombudsman, Simone Cadeddu

Law and Contemporary Problems

Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.

Judicial Review Of European Administrative Procedure, Jurgen Schwarze

Law and Contemporary Problems

Schwarze examines the requirements set down in the case law of the Court of Justice and the Court of First Instance that serve to guarantee a fair and impartial administrative process. He also considers whether improvements should be made to the design of the administrative process and, if so, what kind.

European Administrative Proceedings, Sabino Cassese

Law and Contemporary Problems

Cassese discusses the third strategy of administrative integration, mixed or composite proceedings in which both Community and national authorities participate. Cassese analyzes how the common element takes root in the national part of the proceeding, what the national and supranational parts consist of, and the extent to which they remain distinct or appear instead as a single unit.

A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig

Law and Contemporary Problems

Craig discusses the administration of the European Union budget, including direct and shared management, and the recently enacted new Financial Regulation. Craig points to the increasing constitutionalization of Community administration.

European Principles Governing National Administrative Proceedings, Claudio Franchini

Law and Contemporary Problems

It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.

Four Ways To Better 1l Assessments, Ron M. Aizen

Duke Law Journal

No abstract provided.

The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea

Law and Contemporary Problems

Cananea attempts to shed some light on administrative powers through an examination of mixed administrative proceedings. Another aim is to try to identify the common features of mixed administrative proceedings and, at the same time, those which differentiate them from other types of proceedings.

Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen

San Diego International Law Journal

This paper argues that for purposes of managing transboundary environment problems in general, and marine ecosystems in particular, the role of international law as traditionally understood is somewhat overrated. Binding international legal obligations owed by states to other states often turn out to be a good deal less important in environmental problem solving than is commonly supposed by many international lawyers, legal scholars, and environmental NGOs (non-governmental organizations). Specifically, this paper argues that emphasis on binding multilateral environmental agreements among sovereign states is often misplaced and possibly even counterproductive, insofar as it threatens to divert attention from more promising strategies …

Frivolous Litigation And Civil Justice Reform: Miscasting The Problem, Recasting The Solution, Deborah L. Rhode

Duke Law Journal

No abstract provided.

Democracy And The Dominance Of Delaware In Corporate Law, Kent Greenfield

Law and Contemporary Problems

Delaware has a population less than one-third of one percent of the nation, but it is the state of incorporation for more than fifty percent of US public companies and more than sixty percent of the Fortune 500. Delaware's resulting dominance over the terms of corporate governance in the US has been the subject of one of the grandest debates within corporate law scholarship.

The Nile Basin: From Confrontation To Cooperation, Yehenew Tsegaye Walilegne

Dalhousie Law Journal

Water is one of the scarcest natural resources on our planet. Yet, it is one of humans' most vital needs This gift of nature has been a cause of tension and confrontation in many parts of the world due to the lack of a shared vision for its optimal and rational use Among the great water bodies, the Nile basin has been cited as one of the major trouble spots Recently, the Nile basin states have started to cooperate under the auspices of the Nile Basin Initiative for sustainable and equitable approach to Nile water use. This article discusses some …

Health Standards For Sewage Management Systems: Provide For The Continued Use And Installation Of All On-Site Sewage Management System; Authorize The Department Of Human Resources To Adopt State-Wide Regulations For On-Site Sewage Management Systems; Repeal The Definition Of "Prior Approved System"; Authorize The Department To Require Prior Examination And Approval Of Such Systems Before Use In Georgia; Provide For A Reduction In Trench Length Under Certain Circumstances; And For Other Purposes, Nicholas Prince Smith

Georgia State University Law Review

Standards for Sewage Management Systems: Provide for the Continued Use and Installation of All On-Site Sewage Management System; Authorize the Department of Human Resources to Adopt State-Wide Regulations for On-Site Sewage Management Systems; Repeal the Definition of Prior Approved System; Authorize the Department to Require Prior Examination and Approval of Such Systems Before Use in Georgia; Provide for a Reduction in Trench Length Under Certain Circumstances; and for Other Purposes

State Coastal Observations And Monitoring Needs: Results Of A Survey To Assess Coastal Management Needs (Draft Report), Jeff Benoit, Chantal Lefebvre, Dan Hellin, Regan Maund, Jack Thigpen

Urban Harbors Institute Publications

The success of the U.S. Coastal Ocean Observing System will be measured, in part, by how well the needs of the coastal management community are being addressed. The results of this survey indicate that the two most important management issues facing coastal programs are land use and habitat change. It is essential that the planning and implementation of the USCOOS take this fact into account and place a priority on addressing these high priority management needs. This can only be accomplished through the direct long-term involvement of the coastal management community with USCOOS efforts at the national and regional levels. …

Diversity And The Practice Of Interest Assessment, Robert F. Nagel

Duke Law Journal

No abstract provided.

Talk Is Cheap: Getting Serious About Preventing Child Soldiers, P. W. Singer

Cornell International Law Journal

No abstract provided.

Evaluating The Use Of Good Neighbor Agreements For Environmental And Community Protection: Final Report, Douglas S. Kenney, Miriam Stohs, Jessica Chavez, Anne Fitzgerald, Teresa Erickson, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

viii, 133 p. : forms ; 28 cm

The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

New Strategies For Owners Of Discontinued Brands, David S. Ruder

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Functionality Or Formalism? Partners And Shareholders As "Employees" Under The Anti-Discrimination Laws, Ann C. Mcginley

Scholarly Works

In Clackamas Gastroenterology Associates P.C. v. Wells, the United States Supreme Court established the standards for determining whether a shareholder in a professional corporation ("PC") is an "employee" as defined by Title I of the Americans with Disabilities Act of 1990 ("ADA"). Characteristics the court saw as distinguishing partnerships are the profit sharing, contributions to capital, part ownership of partnership assets, and the right to share in management subject to agreement. Even if the partner's power is insufficient to avoid discrimination, courts should also consider whether the partner is more like an independent contractor in that he or she is …

Deans And Stories, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Professor Howard Gardner's superb book Leading Minds is a study of leadership that, while prominent in the discipline of education, has received relatively little attention in the legal literature. Leading Minds thoughtfully argues that effective story-telling is critical to effective leadership. In this essay, the author explores in a very preliminary way the relationship between Gardner's thesis and what deans do or should do in order to lead their law schools and, more broadly, the different constituencies they represent.

In his group of 11 leaders, Gardner includes an academic leader--Robert Maynard Hutchins, who was dean of Yale Law School and …