Law Commons^™

Challenges And Opportunities Facing Religious Freedom In The Public Square, Judge J. Clifford Wallace

BYU Law Review

No abstract provided.

Religion In The Public Sphere: Challenges And Opportunities, Blandine Chelini-Pont

BYU Law Review

No abstract provided.

Religion In The Public Sphere: Challenges And Opportunities In Ghanaian Lawmaking, 1989-2004, Elom Dovlo

BYU Law Review

No abstract provided.

Rethinking The Role Of Religion In Changing Public Spheres: Some Comparative Perspectives, Rosalind I.J. Hackett

BYU Law Review

No abstract provided.

Religion In The Public Sphere: Challenges And Opportunities In Japan, Hiroaki Kobayashi

BYU Law Review

No abstract provided.

The Flawed Implementation Of The International Religious Freedom Act Of 1998: A European Perspective, Eugenia Relano Pastor

BYU Law Review

No abstract provided.

Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Tackling Employment Discrimination With Adr: Does Mediation Offer A Shield For The Haves Or Real Opportunity For The Have-Nots, Michael Z. Green

Faculty Scholarship

This paper explores the benefits of using mediation in addressing employment discrimination disputes. It highlights the difficulties for those who expect too much out of mediation by expecting it to transform relations while exposing concerns with those who limit mediation's potential by supporting mythical notions about mediators being neutral. The paper suggests that employers develop comprehensive conflict resolution systems and include mediation as a process that is case-specific and focused on the needs of all parties and not the needs of the mediator.

Trademark Assignment With Goodwill: A Concept Whose Time Has Gone, Irene Calboli

Faculty Scholarship

Historically, starting from the premise that trademark protection is about consumer welfare, trademark law has required trademarks to be assigned with the goodwill of the business to which they refer, to deter assignees from changing the quality of the marked products. Yet, ever since its adoption, this rule has been hard to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legislative context: trademark goodwill. Additionally, regardless of this rule, trading in trademarks has been a recurrent practice in the business world, and trademark practices have traditionally provided instruments to assist this trade. …

U.S.-China Textile Trade: An Introduction, C. Donald Johnson

Scholarly Works

In the spring of 1999, the Office of United States Trade Representative (USTR) in the Clinton administration was heavily engaged in completing the negotiations on the terms of China's accession agreement to becoming a member of the World Trade Organization (WTO). The Chinese Premier at the time, Zhu Rongji, was scheduled to visit Washington in April, which created an "action forcing event" to complete the agreement for a signing ceremony with President Bill Clinton. After nearly fifteen years of negotiations the end appeared to be near, but several critical issues remained unresolved--including the highly-charged political issue of textiles.

Two Rules For Better Writing, Amy E. Sloan

All Faculty Scholarship

No abstract provided.

The Past, Present, And Future Of Protecting One's Copyright In The Digital Age: What The Entertainment Industry Has Done To Protect Its Rights, And Whether This Is A Beneficial Strategy For The Copyright Holder And Society, Sally L. Parker

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Proposed Anti-Spam Legislation Model In Singapore - Are We Losing The War Before Even Starting The Battle?, Warren B. Chik

Research Collection Yong Pung How School Of Law

Unsolicited messages have grown into an intractable parasite on the underbelly of an otherwise effectual and vibrant electronic communications regime. There has been a sudden surge in the enactment of anti-spam laws globally within the last couple of years. On 25 May 2004, the Infocomm Development Authority of Singapore and the Attorney-General’s Chambers of Singapore jointly released a Consultation Paper on a Proposed Legislative Framework for the Control of E-mail Spam in Singapore. It is timely to consider the proposed anti-spam legislation model for Singapore in the light of such existing laws in other countries and their levels of effectiveness …

My Summer Vacation At The European Commission, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

Among the more than 100 jurisdictions with active competition policy regimes today, the United States has the distinction of starting first, creating the most extensive set of judicial precedents, and possessing the largest and most experienced enforcement institutions. Antitrust institutions in the United States have long stood at the summit on any scale of international prestige and influence in the competition policy field. Yet any such ranking would also undoubtedly indicate that during the last decade or so, the antitrust institutions of the European Union have grown in size and sophistication to the point where they are comparably respected and …

Information Security Breaches And The Threat To Consumers, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Trademark Assignment "With Goodwill": A Concept Whose Time Has Gone, Irene Calboli

Research Collection Yong Pung How School Of Law

Historically, starting from the premise that trademark protection is about consumer welfare, trademark law has required trademarks to be assigned with the goodwill of the business to which they refer, to deter assignees from changing the quality of the marked products. Yet, ever since its adoption, this rule has been hard to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legislative context: trademark goodwill. Additionally, regardless of this rule, trading in trademarks has been a recurrent practice in the business world, and trademark practices have traditionally provided instruments to assist this trade. …

2005 Judges' Edition Bench Memorandum: Seventeenth Annual Pace National Environmental Law Moot Court Competition, Carlisle Tuggey

Pace Environmental Law Review

No abstract provided.

Best Brief For Appellant: Seventeenth Annual Pace National Environmental Law Moot Court Competition, Anthony Cotton, Kristin Eisenbraun, Randall Green

Pace Environmental Law Review

No abstract provided.

Reparations As Rough Justice, Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.

The Business Of Democracy Is Democracy, John P. Mccormick, Arthur J. Jacobson

Public Law and Legal Theory Working Papers

No abstract provided.

Visual Timeline Of Fr. Sabine Griego, Hall & Monagle, Llc

Timelines

No abstract provided.

Civil Practice Manual, April Land, Jose Martinez

Faculty Teaching Resources

Course material on law practice, family law, discovery negotiation, and client interviewing.

Timeline Of Fr. Sabine Griego, Hall & Monagle, Llc

Timelines

No abstract provided.

The Aftermath Of Hurricane Katrina, An Unnatural Disaster, Eileen Gauna

Faculty Scholarship

This report analyzes key policy decisions, as well as actions and inaction under health, safety, and environmental laws, that could have better protected New Orleans from the effects of Katrina before the hurricane and those that could have improved the emergency response in its wake. In the area of public health, safety, and the environment, the paper explores the implementation of wetlands law and policy, bad decisions regarding the construction and maintenance of the levee system designed to protect New Orleans, pollution prevention and clean-up laws, and energy policy. In the area of emergency response, it reviews policy decisions related …

A Call To Arms: “Taking” The Volunteer Out Of The All Volunteer Force, Jerome Dees

ExpressO

No abstract provided.

When Big Brother Privatizes: Commercial Surveillance, The Privacy Act Of 1974, And The Future Of Rfid, John M. Eden

Duke Law & Technology Review

RFID is a powerful new technology that has the potential to allow commercial retailers to undermine individual control over private information. Despite the potential of RFID to undermine personal control over such information, the federal government has not enacted a set of practicable standards to ensure that personal data does not become widely misused by commercial entities. Although some potential privacy abuses could be addressed by modifying RFID technology, this iBrief argues that it would be wise to amend the Privacy Act of 1974 so that corporations would have a statutory obligation to preserve individual anonymity and respect the privacy …

International Responsibility For Human Rights Violations By American Indian Tribes, Klint A. Cowan

ExpressO

The American Indian tribes have a unique status in the law of the United States. They are characterized as ‘sovereigns’ that predate the formation of the republic and possess inherent powers and immunities. Their powers permit them to create and enforce laws and generally to operate as autonomous governmental entities with executive, legislative, and judicial branches. They enjoy immunity from suit and exemption from federal and state constitutional provisions which protect individual rights. These powers and immunities provide a connection between tribal governments and US international human rights obligations. This essay explores this connection. It examines whether the tribes may …

Hypoxia In The Gulf Of Mexico: A Legal And Practical Analysis, Bradford T. Mclane

ExpressO

Each year, a large area of the Gulf of Mexico is seasonally depleted of life-giving oxygen. Called hypoxia, the phenomenon threatens to bring about a collapse of the Gulf’s marine ecosystem. A voluntary regime is working to address this threat, and has set a year 2015 goal of considerably reducing the size of the Gulf hypoxic area to less than 5,000 square kilometers by 2015. Implementation of this goal will entail an estimated reduction in nitrogen loading to the Gulf of at least thirty percent.

This note analyzes the conceptual transformation of this voluntary regime into a regulatory one. Because …

Sailing Around Erie:The Emergence Of A Federal General Common Law Of Arbitration, Kenneth Dunham

ExpressO

This paper traces the history of American arbitration from the common law to the FAA. It discusses the FAA as a procedural act prior to Southland v. Keating and as a substantive law act following Southland. It discusses the Erie doctrine as applicable to federal courts and state law preemption. The article concludes that Southland by-passed Erie using the Commerce Clause and the Supremacy Clause to create a federal common law of arbitration.