Law Commons^™

The Future And Past Of U.S. Foreign Relations Law, Martin S. Flaherty

Law and Contemporary Problems

The increasing role that the US plays in the world can only mean a correspondingly greater role for foreign affairs law in the US legal community. The Supreme Court has recently cited international and comparative law materials to a striking, and all but unprecedented, degree.

Disaggregating U.S. Interests In International Law, Peter J. Spiro

Law and Contemporary Problems

The Constitution is so central to American identity that any concession of external constitutional constraints may constitute a threat to national self-determination. This explains the relative intensity of objections to international norms and institutions thought to compromise constitutional discretion, at least in the absence of countervailing interests.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek

Duke Environmental Law & Policy Forum

No abstract provided.

Preemption Of Common Law Claims And The Prospect For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks

Duke Environmental Law & Policy Forum

No abstract provided.

Use Of Lawyer-Client Privileged Information By In-House Counsel Whistleblowers In Their Own Retaliatory Discharge Actions Under The Environmental Laws, David A. Drachsler

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

The Medicare Prescription Drug, Improvement, & Modernization Act Of 2003: Are We Playing The Lottery With Healthcare Reform?, Melissa Ganz

Duke Law & Technology Review

With millions of Americans unable to cope with the rising costs of prescription drugs, and many even forced to go without health insurance, the mounting pressure on Congress to enact major healthcare reform culminated in the Medicare Prescription Drug, Improvement, & Modernization Act of 2003. This iBrief examines this legislation, and concludes that it provides elusive benefits for seniors and merely creates a windfall for the pharmaceutical and insurance industries.

Privacy, Plaintiff, And Pseudonyms: The Anonymous Doe Plaintiff In The Information Age, Jayne S. Ressler

Faculty Scholarship

No abstract provided.

The Enterprise Of Liability, Anita Bernstein

Faculty Scholarship

No abstract provided.

Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps

Osgoode Hall Law Journal

No abstract provided.

French Civil Law Between Past And Revival, Guy Canivet

Connecticut Journal of International Law

The various anniversary celebrations to which the Napoleonic Code has given rise during the two centuries of its existence, in particular the present bicentenary events, have given French and foreign lawyers numerous opportunities to comment on its influence in the world. This plethora of studies at once shows the extraordinary destiny of the work of 1804 and the wide diversity of its transpositions. Among the most recent and complete studies, one in the Bicentenary Book by a most remarkable French comparative lawyer, Professor Xavier Blanc-Jouvan, must be mentioned. My comments today owe a great deal to it; so topical, complete, …

The Limits Of International Criminal Law: House Demolitions In An Occupied Territory, Ariel Zemach

Connecticut Journal of International Law

The values of liberty, fairness and democracy underlie Western criminal law systems.' Each of these values challenges the International Criminal Court ("ICC") system, established under the Rome Statute of the International Criminal Court2 ("Rome Statute" or "Statute"). This article analyzes these challenges and shows that they can be properly addressed only by adopting a moral gravity requirement in determining the scope of international criminal prohibitions.

But how should we apply a requirement of moral gravity in international criminal law? How does such requirement bear on the prohibitions contained in the Rome Statute? This article takes up those questions by focusing …

Duress Is Not A Justification, Kyron J. Huigens

Articles

No abstract provided.

Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick

William & Mary Law Review

No abstract provided.

Implications Of The Altmann Decision On Former Yugoslav States, Milena Sterio

Connecticut Journal of International Law

The law of state succession is one of the most complicated areas of law.' Scholars and politicians have seldom reached a consensus on the exact public international law rules in this area. The recent breakup of former Yugoslavia exemplifies some of the difficulties relating to, inter alia, the distinction between dissolution and secession, the allocation of debt and assets among successor states, and more particularly, the resolution of individual disputes among citizens of former Yugoslav republics. The latter issue has been particularly important, as numerous individuals have lost their life savings and immovable property during the internal war that ravaged …

Turn The Other Cheek, Or Demand An Eye For An Eye? Religious Persecution In China And An Effective Western Response, Ellen S. Reinstein

Connecticut Journal of International Law

The Western world has watched in amazement over the past decade as the number of religious practitioners has rapidly increased in the People's Republic of China. Although no solid census has been taken, it is estimated that there now are up to 70 million Protestants and 12 million Catholics in the PRC.' Approximately eight million Uighur Muslims live in the Xinjiang Uighur Autonomous Region,2 and most of the 2.6 million ethnic Tibetans continue to practice Tibetan Buddhism.3 In addition, many Chinese are now involved in "fringe" religions such as Falun Gong.

This growth and persistence of religion has alarmed Chinese …

The Impact Of The Impact Bias On Negotiation, Chris Guthrie, David Sally

Vanderbilt Law School Faculty Publications

The theory of principled or problem-solving negotiation assumes that negotiators are able to identify their interests (or what they really want) in a negotiation. Recent research on effective forecasting calls this assumption into question. In this paper, which will appear in a forthcoming symposium issue of the Marquette Law Review devoted to the Emerging Interdisciplinary Canon of Negotiation, we explore the impact of this research on negotiation and lawyering.

The Globalization (Americanization?) Of Executive Pay, Randall Thomas, Brian R. Cheffins

Vanderbilt Law School Faculty Publications

In the United States, the remuneration packages of top executives are characterized by a strong emphasis on pay-for-performance and by a highly lucrative "upside." There is much discussion of the possibility that executive pay practices will globalize in accordance with this pattern. This Article assesses whether such convergence is likely to occur. After surveying briefly the key components of managerial remuneration and after examining the essential elements of the "U.S. pay paradigm," the Article considers market-oriented dynamics that could constitute a "global compensation imperative." These include wider dispersion of share ownership, more cross-border hiring of executives, growing international merger and …

The Public And Private Faces Of Derivative Lawsuits, Randall S. Thomas, Robert B. Thompson

Vanderbilt Law School Faculty Publications

Derivative suits, long the principal vehicle for discussions about representative litigation in corporate and securities law, now share the stage with younger cousins - securities fraud class actions and state law fiduciary duty class actions. At the same time alternative governance vehicles - independent directors, auditors and other reforms that have followed in the wake of Enron - potentially diminish the relative place of litigation such as derivative suits. This article presents data from all derivative suits filed in Delaware over a two-year period. We find a relatively small number, certainly as compared to fiduciary class action and securities fraud …

Other Disciplines, Methodologies, And Countries: Studying Courts And Crisis, Tracey E. George

Vanderbilt Law School Faculty Publications

How do governments and their citizens respond to fear and risk in times of crisis? Dr. Lee Epstein and Professor Christina Wells, in papers presented on the final symposium panel focus in particular on the Supreme Court's response to government encroachment on individual liberties during a national emergency. Their work is made particularly timely by three Supreme Court decisions this past term. In this essay, I begin by framing the issue very briefly. I then argue that understanding this issue requires scholars to follow Epstein and Wells by looking to other disciplines, methodologies, and countries.

Understanding Settlement In Damages (And Beyond), Chris Guthrie

Vanderbilt Law School Faculty Publications

For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ordinary. In most civil litigation, as in the Sabias' litigation against Dr. Maryellen Humes and Norwalk Hospital, "[s]ettlement is where the action is." Roughly two-thirds of all cases settle (and most of the rest are resolved through motions). Why do most cases settle? Given the costs, delay, and unpleasantness of the litigation process, why do any cases go to trial? To address these questions--that is, to explain why most cases settle as well as why some cases "fail" to settle and result in trial--legal academics …

Risk Realization, Emotion, And Policy Making, Chris Guthrie

Vanderbilt Law School Faculty Publications

In their study of terrorism and SARS, Professor Feigenson and his colleagues report "significant positive correlations between people's risk perceptions and their negative affect." In their review of the judgment and decision-making literature, Professor Slovic and his colleagues document the interplay between reason and emotion in assessing risk. And in the context of a soldier's concerns for himself and his family, Professor Moran provides a powerful narrative of fear. But what happens when such threats are actually realized? Do we accurately predict the emotional impact of such events? Or are there meaningful and predictable differences between the feelings we forecast …

Hipaa Privacy And Security: Issues For Employer-Sponsored Health Plans, Mary Leto Pareja

Faculty Scholarship

This article discusses issues about privacy standards and provides an overview of security issues related to the Health Insurance Portability and Accountability Act ("HIPAA"). Some of the privacy issues include who must comply, what information is protected, and permissible disclosure of protected information. The overview of security issues covers administrative, physical, and technical safeguards, as well as organizational requirements. Any practitioner who works with employers that sponsor a health plan for their employees should be aware of these issues, as this is a new area of potential risk for those clients.

Technological Evolution And The Devolution Of Corporate Financial Reporting, Donald C. Langevoort

William & Mary Law Review

No abstract provided.

An Industrial Organization Approach To Copyright Law, Michael Abramowicz

William & Mary Law Review

No abstract provided.

The Skyscraper, Green Design, & The Leed Green Building Rating System: The Creation Of Uniform Sustainable Standards For The 21st Century Or The Perpetuation Of An Architectural Fiction?, Stephen T. Del Percio

W&M Law Student Publications

No abstract provided.

Gender Assignment Surgery For Intersexed Infants: How The Substantive Due Process Right To Privacy Both Supports And Opposes A Moratorium, Sara A. Aliabadi

W&M Law Student Publications

No abstract provided.

Class Schedule - Fall 2004, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2004-2005, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.