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2004

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Articles 1051 - 1080 of 9704

Full-Text Articles in Law

Feminism, Consequences, Accountability, Sonia Lawrence Oct 2004

Feminism, Consequences, Accountability, Sonia Lawrence

Osgoode Hall Law Journal

No abstract provided.

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The Role Of Opt-Outs And Objectors In Class Action Litigation: Theoretical And Empirical Issues, Theodore Eisenberg, Geoffrey Miller Oct 2004

The Role Of Opt-Outs And Objectors In Class Action Litigation: Theoretical And Empirical Issues, Theodore Eisenberg, Geoffrey Miller

Vanderbilt Law Review

We study 236 cases in which we could ascertain quantitative in- formation about the number of objectors, 159 cases with quantitative information about the number of opt-outs, 205 cases with both the size of the class and the number of objectors, and 143 cases with both the size of the class and the number of opt-outs. Opt-outs from class participation and objections to class action resolution are rare: on average, less than 1 percent of class members opt-out, and about 1 percent of class members object to class-wide settlements. Opt-out-rates and objectorrates can be partly explained by observable factors in …

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File Early, Then Free Ride: How Delaware Law (Mis)Shapes Shareholder Class Actions, Elliott J. Weiss, Lawrence J. White Oct 2004

File Early, Then Free Ride: How Delaware Law (Mis)Shapes Shareholder Class Actions, Elliott J. Weiss, Lawrence J. White

Vanderbilt Law Review

Delaware courts have largely privatized enforcement of fiduciary duties in public corporations. In In re Fuqua Industries, Inc. Shareholder Litigation, Chancellor Chandler expressly acknowledged this judicial policy. He noted that Delaware courts implement it partly by allowing private attorneys, working on a contingent fee basis, to initiate and maintain derivative and class actions in the names of "nominal shareholder plaintiffs." Attorneys are subject only to the relatively weak constraints that they must inform their "clients" and receive their consent before they file shareholder suits. Further, Delaware courts use cost and fee shifting mechanisms to "economically incentivize" those attorneys to initiate …

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Mid-Decade Congressional Redistricting In A Red And Blue Nation, Patrick Marecki Oct 2004

Mid-Decade Congressional Redistricting In A Red And Blue Nation, Patrick Marecki

Vanderbilt Law Review

Following the 2002 elections, Republicans in Texas and Colorado achieved unified control of their state governments. In both states, Republicans introduced congressional redistricting legislation and enacted a new redistricting map. Just a year earlier, following the release of the decennial census, each state had enacted a congressional redistricting map that had governed the 2002 elections. The second round of legislation marked the first time in United States history that a state reopened redistricting for partisan political purposes after a redistricting plan had been adopted following the release of the decennial census, had been upheld as constitutional, and had been used …

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A Preservation Paradox: Political Prestidigitation And An Enduring Resource Of Wildness, Sandra B. Zellmer Oct 2004

A Preservation Paradox: Political Prestidigitation And An Enduring Resource Of Wildness, Sandra B. Zellmer

Faculty Law Review Articles

The nation's preeminent preservation statute, the Wilderness Act of 1964, is now 40 years old. By authorizing a network of congressionally designated wilderness areas on public lands, the Act has proved invaluable for protecting special areas from the most intensive forms of intrusion by humankind But the Act is facing a midlife crisis, and legitimate questions have been raised about its continuing viability as a conservation tool. This Article concludes that the preservation of wild lands remains an essential component of federal public lands management, but that the Wilderness Act, standing alone, has not fulfilled its promise of securing an …

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Nickled And Dimed: The Dispute Over Intellectual Property Rights In The Bluenose Ii, Teresa Scassa Oct 2004

Nickled And Dimed: The Dispute Over Intellectual Property Rights In The Bluenose Ii, Teresa Scassa

Dalhousie Law Journal

The Bluenose Schooner forms part of the folk history of Nova Scotia, and is a Canadian icon. Popular assumptions that Its name and image formed part of the public domain were put to the test in 2003 when the Bluenose II Preservation Trust Society brought suit against a Halifax business for Infringement of its official marks, trademarks and copyrights relating to the ship and its name. The litigation garnered local and national media attention, and the provincial government soon became involved in the dispute In this article, the author provides some background to the dispute before moving on to consider …

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Ghosts In The Court: Jonathan Belcher And The Proclamation Of 1762, Eric Adams Oct 2004

Ghosts In The Court: Jonathan Belcher And The Proclamation Of 1762, Eric Adams

Dalhousie Law Journal

History occupies a central place in aboriginal rights litigation. As a result, the circumstances and characters of the distant past play crucial roles in the adjudication of aboriginal treaty, rights and title claims. One such character is Jonathan Belcher. the first chief justice and former lieutenant governor of Nova Scotia. In 1762, Belcher issued a Proclamation reserving the north-eastern coast of Nova Scotia (and what Is now the eastern coast of New Brunswick) for the Mi'kmaq. In R. v Bernard, the accused pleaded a right to log timber on Crown land on the basis of Belcher's Proclamation. This article argues …

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Slow On The Trigger: The Department Of Fisheries And Oceans, The Fisheries Act And The Canadian Environmental Assessment Act, Arlene Kwasniak Oct 2004

Slow On The Trigger: The Department Of Fisheries And Oceans, The Fisheries Act And The Canadian Environmental Assessment Act, Arlene Kwasniak

Dalhousie Law Journal

The federal Department of Fisheries and Oceans plays an Important role in protecting fish and fish habitat in Canada, primarily under the Fisheries Act. Section 5 of the Canadian Environmental Assessment Act requires an environmental assessment when the Department takes certain actions under the Fisheries Act. In the past few years environmental interests have taken the Department to task claiming that it has circumvented assessment. The alleged circumvention occurs when proponents of projects that will harm fish habitat, in consultation with the Department, revamp the project to avoid harm, and the Department issues a letter of advice to the proponent …

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The Criminal Defence Lawyer's Role, David Layton Oct 2004

The Criminal Defence Lawyer's Role, David Layton

Dalhousie Law Journal

Defence lawyers often fight to prevent the conviction of people who have committed serious crimes. How can this role be justified? In providing his answer the author generally accepts the traditional view of criminal lawyering according to which defence counsel "does good" by ensuring that the state does not obtain a conviction in the absence of proof beyond a reasonable doubt based on admissible and reliable evidence Ethical advocacy in the criminal context is thus heavily influenced by a conception of justice that includes not only the search for truth but also due process rights for accused persons. The author …

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Anthrax Hoaxes, Ira Robbins Oct 2004

Anthrax Hoaxes, Ira Robbins

Scholarly Articles in Law Reviews & 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 terrorist and who was condemned by the media. 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. 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 …

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Terrorism, Technology, And Information Privacy: Finding The Balance, Fred H. Cate Oct 2004

Terrorism, Technology, And Information Privacy: Finding The Balance, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

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Theater In The Courtroom, The Chicago Conspiracy Trial, Pnina Lahav Oct 2004

Theater In The Courtroom, The Chicago Conspiracy Trial, Pnina Lahav

Faculty Scholarship

The Chicago Conspiracy Trial (otherwise known as the Chicago Seven Trial) is a Rorschach test of American society in the late 1960s and early 1970s. Following the riots at the Democratic Convention in Chicago in 1968, leaders of the antiwar movement, the counterculture and the Black Panthers were put on trial for a "conspiracy to cross state lines with intent to incite a riot." The trial has been too easily dismissed as a circus, not worthy of legal attention, when in fact it does contain important legal insights. This paper suggests that the theory of the theater provides the key …

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Congress And The Multiparty, Multiform Trial Jurisdiction Act Of 2002: Meaningful Reform Or A Comedy Of Errors?, Angela J. Rafoth Oct 2004

Congress And The Multiparty, Multiform Trial Jurisdiction Act Of 2002: Meaningful Reform Or A Comedy Of Errors?, Angela J. Rafoth

Duke Law Journal

No abstract provided.

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Gaming Delaware, William Wilson Bratton Oct 2004

Gaming Delaware, William Wilson Bratton

Articles

No abstract provided.

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Cabining Intellectual Property Through A Property Paradigm, Michael A. Carrier Oct 2004

Cabining Intellectual Property Through A Property Paradigm, Michael A. Carrier

Duke Law Journal

One of the most revolutionary legal changes in the past generation has been the “propertization” of intellectual property (IP). The duration and scope of rights expand without limit, and courts and companies treat IP as absolute property, bereft of any restraints. But astonishingly, scholars have not yet recognized that propertization also can lead to the narrowing of IP. In contrast to much of the literature, which criticizes the propertization of IP, this Article takes it as a given. For the transformation is irreversible, sinking its tentacles further into public and corporate consciousness (as well as the IP laws) with each …

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Journal Staff Oct 2004

Journal Staff

Duke Law Journal

No abstract provided.

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Trapped In The Greenhouse?: Regulating Carbon Dioxide After Fda V. Brown & Williamson Tobacco Corp., J. Christopher Baird Oct 2004

Trapped In The Greenhouse?: Regulating Carbon Dioxide After Fda V. Brown & Williamson Tobacco Corp., J. Christopher Baird

Duke Law Journal

No abstract provided.

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When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan Oct 2004

When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan

Duke Law Journal

No abstract provided.

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The Path To Preclusion: Federal Injunctive Relief Against Nationwide Classes In State Court, Kara M. Moorcroft Oct 2004

The Path To Preclusion: Federal Injunctive Relief Against Nationwide Classes In State Court, Kara M. Moorcroft

Duke Law Journal

No abstract provided.

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The Canon Of Family Law, Jill Elaine Hasday Oct 2004

The Canon Of Family Law, Jill Elaine Hasday

Public Law and Legal Theory Working Papers

No abstract provided.

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Three Strategies Of Interpretation, Adrian Vermeule Oct 2004

Three Strategies Of Interpretation, Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.

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In Memoriam - John P. Taylor, Natural Resources Journal Oct 2004

In Memoriam - John P. Taylor, Natural Resources Journal

Natural Resources Journal

No abstract provided.

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National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus Oct 2004

National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus

Natural Resources Journal

No abstract provided.

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Bankruptcy And Mortgage Lending: The Homeowner Dilemma, A. Mechele Dickerson Oct 2004

Bankruptcy And Mortgage Lending: The Homeowner Dilemma, A. Mechele Dickerson

Faculty Publications

No abstract provided.

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“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy Sep 2004

“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy

ExpressO

No abstract provided.

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Sept. 30, J. Kalafut, Bic, Email To Csos Re Day 3 Rio Discussing Safeguards, Jen Kalafut Sep 2004

Sept. 30, J. Kalafut, Bic, Email To Csos Re Day 3 Rio Discussing Safeguards, Jen Kalafut

IFC E&S Performance Standards

No abstract provided.

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Vol. Ix, Tab 46 - Ex. 58 - Deposition Of Rose Hagan From Geico V. Google (Google Managing Counsel Trademarks), Rose Hagan Sep 2004

Vol. Ix, Tab 46 - Ex. 58 - Deposition Of Rose Hagan From Geico V. Google (Google Managing Counsel Trademarks), Rose Hagan

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

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How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton Sep 2004

How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton

University of the District of Columbia Law Review

Latinos are uniting with other immigrant communities and people of color in being extremely concerned about unnecessary post-9/11 actions that have led to civil liberties and civil rights violations.1 Although the Latino voting power has presumably increased, infringements of Latinos' and Latinas' civil rights appear to be on the rise. This is because many of the measures taken in the name of fighting terrorism have not been effective at finding terrorists, but have resulted in civil liberties and civil rights violations. Lessening of civil liberties and due process protections disproportionately affects Latino communities, who are less likely to have access …

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Excerpted Remarks Of Nadine Strossen, Nadine Strossen Sep 2004

Excerpted Remarks Of Nadine Strossen, Nadine Strossen

University of the District of Columbia Law Review

No abstract provided.

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The "Corporate Watch Dogs" That Can't Bark: How The New Aba Ethics Rules Protect Corporate Fraud, Monroe H. Freedman Sep 2004

The "Corporate Watch Dogs" That Can't Bark: How The New Aba Ethics Rules Protect Corporate Fraud, Monroe H. Freedman

University of the District of Columbia Law Review

No abstract provided.

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