Law Commons^™

A Model Financial Statement Insurance Act, Lawrence A. Cunningham

ExpressO

No abstract provided.

No One Is Above The Law On Refugees: Churches Keep Canada From Violating International Law, Sean Rehaag

Editorials and Commentaries

No abstract provided.

“Politics As Markets” Reconsidered: Economic Theory, Competitive Democracy And Primary Ballot Access , David N. Schleicher

ExpressO

No abstract provided.

Revisiting The Role Of The Future In Accounting Reform, Lawrence A. Cunningham

ExpressO

Overlooked in accounting-reform debate emanating from recent financial reporting scandals is the role of forward-looking disclosure inaugurated in the late 1970s and expanded throughout the 1980s and 1990s. Debate centered on whether accounting concepts developed during this period were too rule-bound. An SEC study largely resolved this debate by characterizing US GAAP as a mix of rules and principles embedded in an objectives-based accounting system. The SEC expressed a slight preference for principles over rules in future accounting standard-setting. Some see this resolution as transformative. This Article considers how it may disguise a false dichotomy likely providing false catharsis. Underappreciated …

Blackness As Property: Sex, Race, Status, And Wealth, Mitch Crusto

ExpressO

No abstract provided.

A Perfect Storm: Mercury And The Bush Administration, Part Ii, Rena I. Steinzor, Lisa Heinzerling

Faculty Scholarship

The Environmental Protection Agency's recent proposal to regulate mercury emissions from power plants, and its final rule on mercury emissions from chlor-alkali facilities, suffer from serious scientific, legal, economic, and distributional flaws. The first installment in this series examined the strong scientific basis for regulating mercury emissions and critiqued the agency's decisions from a legal perspective. This second (and final) installment finds that EPA's decisions also fail from the perspectives of economics and environmental justice. EPA and the Office of Management and Budget's economic analysis of the proposal to regulate mercury from power plants was shoddy and one-sided. EPA and …

Virginia Bar Exam, July 2004, Section 1

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, July 2004, Section 2

Virginia Bar Exam Archive

No abstract provided.

Proceed With Caution, Ellen S. Podgor, Barry Scheck

Faculty Publications By Year

No abstract provided.

A Deadly Dilemma: The Failure Of Nations' Organ Procurement Systems And Potential Reform Alternatives, Christy M. Watkins

ExpressO

All countries throughout the world vary in the way they procure organs, but they all have one thing in common: there is a fatal organ shortage because all the systems countries have imposed have failed. No procurement system in the world has been successful. Therefore, new procurement systems need to be implemented and tested, particularly financial incentives or a regulated organ market, to remedy these unnecessary and preventable deaths. This paper will explore the failures of current organ procurement systems as well as alternative reform systems. Part II provides a brief overview of the history of organ transplantation. Part III …

Caribbean Market Forces 2004, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.

The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura G. Dooley

ExpressO

The question of the relevant community from which a fair cross-section of jurors should be drawn has received little theoretical attention. This article seeks to fill that gap by using communitarian and postmodern theory to give content to the idea of "community" in the fair cross-section context. This analysis is timely and has grave practical importance, given that the federal government is increasingly assuming the prosecution of crime previously dealt with at the state level. This "federalization" of criminal enforcement has the second-order effect of changing the "community" from which criminal juries will be drawn, particularly in urban areas surrounded …

Williams V. Glacier Electric Cooperative Inc., 20-Ap-28 (Blkft. Tr. Ct. App., July 20, 2004) (Williams Ii), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered 9 Several issues on appeal::

• Pre-Trial Rulings:

• Whether the trial court erred in barring plaintiff from introducing any evidence regarding subsequent remedial repairs;

• Whether the trial court’s rulings in limine prejudicially precluded plaintiff from demonstrating inconsistencies in the testimony of certain of defendant’s witnesses on deposition at trial;

• Whether the trial court erred in granting defendant summary judgement on the issue of product liability; and

• Whether the trial court erred in striking plaintiff’s discrimination claim.

• subsequent remedial repairs – the Court ruled that, under these circumstances, it was not error …

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A V. B, Aharon Barak, Ayala Procaccia, Eliezer Rivlin

Translated Opinions

Facts: The respondent had a long-term relation with the appellant, while both parties were married to others. During this relationship, the respondent encouraged the appellant to obtain a divorce from her husband, and promised to divorce his wife and marry the appellant. The appellant did obtain a divorce from her husband, but the respondent did not divorce his wife.

The appellant sued for damages for breach of a promise of marriage. The respondent argued, inter alia, that a promise of marriage given by a married man is void for being contrary to public policy. The Magistrates Court awarded a lump-sum …

The Legacy Of The Prompt Complaint Requirement, Corroboration Requirement, And Cautionary Instructions On Campus Sexual Assault, Michelle J. Anderson

Working Paper Series

No abstract provided.

Jul. 14, 2004 Ifc, Memo To Code Board Re Safeguard Policy Rev., Ifc

IFC E&S Performance Standards

No abstract provided.

Summary Of Heller V. Legislature, 120 Nev. Adv. Op. No. 51, Keith Brown

Nevada Supreme Court Summaries

On April 2, 2004, The Honorable Dean Heller, Secretary of State of the State of Nevada, sought an original petition for a writ of mandamus by the Nevada Supreme Court to compel the state Legislature (as a whole) to enforce separation of powers. The Secretary challenged whether state government employees’ service in the state Legislature (dual service) violated the constitutional separation of powers doctrine and questioned whether local government employees’ service in the Legislature also violated the separation of powers. The petition asked the court to: (1) find that service in the Legislature by “certain,” unidentified state executive branch employees …

Pops, Pic, And Lrtap: The Role Of The U.S. In Draft Legislation To Implement These International Conventions : Testimony Before The H. Subcomm. On Environment And Hazardous Materials Of The H. Comm. On Energy And Commerce, 108th Cong., Jul. 13, 2004 (Statement Of Lisa Heinzerling, Prof. Of Law, Geo. U. L. Center), Lisa Heinzerling

Testimony Before Congress

No abstract provided.

Beware Buyer Power, Robert H. Lande

All Faculty Scholarship

The conventional antitrust wisdom is that buyer side market power or monopsony is so unusual and so rarely anticompetitive that it should not merit more than a scholarly afterthought. Moreover, these brief mentions typically say it is essentially the mirror image of seller power or that, while seller-side power is suspect since it leads to higher consumer prices, buyer-side power is usually benign, because the public should not care which layer of a distribution channel gets any potential savings that can arise. This short article discusses how buyer power can be anticompetitive. It also discusses how buyer power or monopsony …

Summary Of Allred V. State, 120 Nev. Adv. Op. 47, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

No abstract provided.

Handling The Truth, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Amendment No. 1 To The Zuni Indian Tribe Water Rights Settlement Agreement In The Little Colorado River Basin, Zuni Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin Amendments 1 (July 8. 2004) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville. These Amendments are taken to conform the Settlement Agreement of 2002 to the Settlement Act of 2004. The amendments relate to changes to dates and …

Rethinking The Unilateral Application Of The Lanham Act, Jinku Hwang

ExpressO

No abstract provided.

Brief Of Amici Curiae Paralyzed Veterans Of America Et Al., Spector V. Norwegian Cruise Line Ltd., No. 03-1388 (U.S. Jul. 5, 2004), Richard Mckewen, David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Preparing For The Challange Of Governance In International Economic Relations In The 21st Century: A Plea To The Indonesian Legal Profession, H. S. Kartadjoemena

Indonesian Journal of International Law

It is a common knowledge that globalization has connected the relations between states, organizations, economists, and also the interaction between them. This following article, as already stated on the title, is very influencing and challenging, and also at the same time pushing the jurists in Indonesia to involve in international forums on this 21th century. Although the role of jurists in Indonesia isless significant concerning the consequences of the weakness of legal system order in Indonesia, but they have to be prepare facing the issues as the concequences of globalization and the growing of international organizations, such as: WTO, ASEAN …

Sistem Perdagangan Multilateral Dalam Kerangka Wto Suatu Observasi Terhadap “Rule-Based System”, Adolf Warouw

Indonesian Journal of International Law

The multilateral trading system as it now applies is a rule-based system comprising a comprising a complex set of rules as articulated in various WTO agreements. The system is the ultimate choice for nations if they were establish trade relations among nations in a good order and to more enhance the stability and predictability and to better suit the interests of least developed and developing countries. The implementations of those rules have been more advantageous to developed countries, while the developing countries do not have the capability tto implement those rules. The concessions that have been given away do not …

Trips And Developing Countries, A. Zen Umar Purba

Indonesian Journal of International Law

The World Trade Organization Agreement is an International Legal Document which one of its main issues concerns the TRIPs (Trade Related Aspects of Intellectual Property Rights). TRIPs is an International Agreeent in the field of intellectual property rights which also plays a role in smoothing flow of global trade. The acceptances of TRIPs by the international community still needs further discussions especially in connection with developing countries as well as developed countries specifically those relevant to patents. This matter is mainly connected to technology, which basically is focused on the interests of developing countries, that is an obligation of transfer …

International Trade Indicators, 2003: Indonesia, Agus Brotosusilo

Indonesian Journal of International Law

Being obsessed by the desire and willingness to implement liberal economic system for more than thirty years under dictator leaders, the national regulations in Indonesia have led toward the liberalization on trade by its executive and legislative bodies. Those kind of actions are a prove that the government is not aware with the way of living of Indonesian people, which is based on spiritual values. There is a huge gap between the legal system order and regulations with the culture of Indonesian people, and it would lead to the growth of corruption, collusion, and nepotism (KKN) in many sectors of …

Persaingan Usaha Di Forum Wto Dan Perlunya Ketentuan Mengenai M&A, Djunari I. Waskito

Indonesian Journal of International Law

Two issues leading to the collapse of the 5th WTO ministerial meeting in Cancun, Mexico, are agricultural issue and Singapore Issues. There are four sub-issues on Singapore Issues, which are Trade and Competition Policy, Trade and Investment, Transparency on Government Procurement and Trace Facilitation. The issues on competition policy are some ambiguities such as the coverage of hardcore cartel provisions and the differences on the articles or business practices which can be considered as rule of reason. The most crucial on handling competition case is analyzing relevant market consisting product market and geographical market. Related to the Indonesian competition law, …

In The Minds Of Men: A Theory Of Compliance With The Laws Of War, William C. Bradford

ExpressO

Whether, and, if so, why states elect to comply with international law are now the most central questions within the international legal academy. A skein of theories has been woven over the last decade to explain and predict state compliance, and a number of factors, including, inter alia, a desire to generate reciprocity, an interest in reducing transaction costs, normative commitments, domestic considerations, the degree of domestic incorporation of international legal regimes, reputational concerns, and fear of punishment, are purported to be causally linked.

However, as the study of international legal compliance ["ILC"] has matured, intramural divisions have been compounded …