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2005

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Articles 2221 - 2250 of 10108

Full-Text Articles in Law

Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj Jun 2005

Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj

Présence Francophone: Revue internationale de langue et de littérature

The major challenge of Haitian society remains building liberty after emerging from slavery and acquiring independence. Two centuries after the birth of the first Black Republic, the new social contract that rose from this spirit of “living together” is still in penury. The author examines the principal obstacles on the way to building freedom: namely, the inclusion of a large number of the excluded, which implies the dismantling of misery and the promotion of learning; the institution of authority through law and responsibility which presupposes the end of the “master” figure as a symbol of power, as well as that …

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Nature And Extent Of Rights To Fish In Western Australia. Final Report., Department Of Fisheries Jun 2005

Nature And Extent Of Rights To Fish In Western Australia. Final Report., Department Of Fisheries

Fisheries Management Papers

This report (‘Nature and Extent of Rights to Fish in Western Australia’) is not a policy document. It has been written to assist Government and stakeholders alike in reaching a common position on the issue of fisheries access rights in Western Australia. The report is intended to inform policy makers and stakeholders in gaining an understanding of fisheries legislation in Western Australia and the mechanisms and implications of resource allocation shifts. Its main use will be as a reference document and not a full treatise on the law. The report examines the common law position in the waters in respect …

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Emote Control: The Substitution Of Symbol For Substance In Foreign Policy And International Law, Jules Lobel, George Loewenstein Jun 2005

Emote Control: The Substitution Of Symbol For Substance In Foreign Policy And International Law, Jules Lobel, George Loewenstein

Chicago-Kent Law Review

Historical perspectives, as well as recent work in psychology, converge on the conclusion that human behavior is the product of two or more qualitatively different neural processes that operate according to different principles and often clash with one another. We describe a specific "dual process" perspective that distinguishes between "deliberative" and "emote" control of behavior. We use this framework to shed light on a wide range of legal issues involving foreign policy, terrorism, and international law that are difficult to make sense of in terms of the traditional rational choice perspective. We argue that in these areas, the powerful influence …

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Pets Or Meat, Mary Anne Case Jun 2005

Pets Or Meat, Mary Anne Case

Chicago-Kent Law Review

I am interested in exploring questions of whether and when commingling commodification with affection is more problematic than naked commodification. My title comes from the scene in the Michael Moore film Roger and Me depicting the marketing of rabbits. The dynamic I am interested in is common, not only in human relations with other animals, from lab and farm animals to pets, but also in pink collar work. The secretary given flowers instead of a bonus, the housekeeper whose employers say of her, "she's one of the family"—each of these cases is troubling, although it is not clear that more …

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Table Of Contents - Issue 3, Chicago-Kent Law Review Jun 2005

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

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Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady Jun 2005

Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Uwlaw, Spring 2005, Vol. 53 Jun 2005

Uwlaw, Spring 2005, Vol. 53

Alumni Magazines

No abstract provided.

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The Japanese Antimonopoly Act And Nonassertion Of Patents Provisions: Microsoft's Conflict With The Japan Fair Trade Commission, Courtney E. Mertes Jun 2005

The Japanese Antimonopoly Act And Nonassertion Of Patents Provisions: Microsoft's Conflict With The Japan Fair Trade Commission, Courtney E. Mertes

Washington International Law Journal

In recent decades, Japan has strengthened its antimonopoly regulations. Now, a country that historically favored internal collusion continues to develop a stringent antimonopoly regime that encourages competition. The Japan Fair Trade Commission ("JFTC") enforces the Japanese Act Concerning the Prohibition of Private Monopoly and the Maintenance of Fair Trade ("Antimonopoly Act") and its provisions dealing with unfair trade practices. The JFTC takes a strong stance in enforcement of the Act and violators follow its recommendations. The JFTC has charged Microsoft Corporation ("Microsoft") with abuse of a dominant bargaining position and unfair trade practices in its use of restrictive provisions, such …

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State Responsibility And Maritime Terrorism In The Strait Of Malacca: Persuading Indonesia And Malaysia To Take Additional Steps To Secure The Strait, Tammy M. Sittnick Jun 2005

State Responsibility And Maritime Terrorism In The Strait Of Malacca: Persuading Indonesia And Malaysia To Take Additional Steps To Secure The Strait, Tammy M. Sittnick

Washington International Law Journal

The Strait of Malacca, located between Indonesia and Malaysia, and opening into the Pacific Ocean off the coast of Singapore, is not only one of the world's busiest and most vital waterways, but also a likely target for maritime terrorists. High levels of piracy and the presence of numerous regional terrorist organizations suggest the Strait is particularly vulnerable to a maritime terrorist attack. Such an attack would significantly disrupt international trade and could inflict billions of dollars in damage to the global economy. Primary responsibility for the security of the Strait lies with the coastal states of Indonesia, Malaysia, and …

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Extreme Policy Makeover: Re-Evaluating Current U.S.-Vietnam Relations Under The International Religious Freedom Act, Kevin V. Tu Jun 2005

Extreme Policy Makeover: Re-Evaluating Current U.S.-Vietnam Relations Under The International Religious Freedom Act, Kevin V. Tu

Washington International Law Journal

Following the signing of the Paris Peace Accord in 1973, the relationship between the United States and Vietnam remained essentially frozen. In 2000, the signing of the United States-Vietnam Bilateral Trade Agreement was an epic step in the normalization of relations. In addition, the BTA was hailed as a means of effectuating positive change in the area of Vietnam's human rights. Unfortunately, the state of religious freedom in Vietnam has deteriorated while economic ties with the United States have strengthened. Despite Vietnam's purported respect for religious freedom, violations continue. Vietnam restricts the practice of religion, detains religious leaders, and tolerates …

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Table Of Contents, Table Of Contents Public Land & Resources Law Review Jun 2005

Table Of Contents, Table Of Contents Public Land & Resources Law Review

Public Land & Resources Law Review

No abstract provided.

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Science, Judgment, And Controversy In Natural Resource Regulation, Holly Doremus, A. Dan Tarlock Jun 2005

Science, Judgment, And Controversy In Natural Resource Regulation, Holly Doremus, A. Dan Tarlock

Public Land & Resources Law Review

No abstract provided.

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Private Wetlands And Public Values: "Navigable Waters" And The Significant Nexus Test Under The Clean Water Act, Carey Schmidt Jun 2005

Private Wetlands And Public Values: "Navigable Waters" And The Significant Nexus Test Under The Clean Water Act, Carey Schmidt

Public Land & Resources Law Review

No abstract provided.

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The Other Side Of The Dam Story: A Review Of Coyote Warrior, Stacey L. Gordon Jun 2005

The Other Side Of The Dam Story: A Review Of Coyote Warrior, Stacey L. Gordon

Public Land & Resources Law Review

No abstract provided.

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Don't Throw The Baby Out With The Bathwater: Why A Ban On Human Cloning Might Be A Threat To Human Rights, Adiv Zelony Jun 2005

Don't Throw The Baby Out With The Bathwater: Why A Ban On Human Cloning Might Be A Threat To Human Rights, Adiv Zelony

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Introduction, Claire A. Hill Jun 2005

Introduction, Claire A. Hill

Chicago-Kent Law Review

No abstract provided.

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Bounded Rationality Of Homo Classificus: The Law And Bioeconomics Of Social Norms As Classification, Janet T. Landa Jun 2005

Bounded Rationality Of Homo Classificus: The Law And Bioeconomics Of Social Norms As Classification, Janet T. Landa

Chicago-Kent Law Review

In the "New Chicago School" ("NCS") law and economics literature that emerged in the 1990s, social norms play an important function in their dual role as constraints on behavior and as signaling devices. Missing in the NCS social norms literature, however, is any treatment of social norms as classification, a concept which is fundamental to a more complete theory of social norms. In this Article, I show that my early 1980s theory of social norms embedded in the ethnically homogeneous middleman groups ("EHMGs") clearly falls squarely within the NCS tradition. Since the 1980s, I have extended my law and economics …

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Neuroeconomics And Rationality, Terrence Chorvat, Kevin Mccabe Jun 2005

Neuroeconomics And Rationality, Terrence Chorvat, Kevin Mccabe

Chicago-Kent Law Review

The assumption of rationality is both one of the most important and most controversial assumptions of modern economics. This Article discusses what current experimental economic as well as neuroscience research tells us about the relationship between rationality and the mechanisms of human decision making. The Article explores the meaning of rationality, with a discussion of the distinction between traditional constructivist rationality and more ecological concepts of rationality. The Article argues that ecological notions of rationality more accurately describe both human neural mechanisms as well as a wider variety of human behavior than do constructivist notions of rationality.

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Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Chicago-Kent Law Review Jun 2005

Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

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By Its Fruits Shall Ye Know; Axson-Flynn V. Johnson: More Rotted Fruit From Employment Division V. Smith, Bradley C. Johnson Jun 2005

By Its Fruits Shall Ye Know; Axson-Flynn V. Johnson: More Rotted Fruit From Employment Division V. Smith, Bradley C. Johnson

Chicago-Kent Law Review

The Supreme Court's decision in Employment Division v. Smith has been widely criticized for decimating the Free Exercise Clause and leaving free exercise rights vulnerable. Critics maintained that the Supreme Court's decision in Smith to shift protection of free exercise rights to primarily the political process would have devastating consequences for religious individuals. In Axson-Flynn v. Johnson, decided fifteen years after Smith, one of those consequences has become clear: a state university can constitutionally require an individual to swear as part of an acting program, even if swearing violates that individual's deeply held religious beliefs. This result of …

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Postscript On Health Care Dispute Resolution: Conflict Management And The Role Of Culture, Edward A. Dauer Jun 2005

Postscript On Health Care Dispute Resolution: Conflict Management And The Role Of Culture, Edward A. Dauer

Georgia State University Law Review

No abstract provided.

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For Love Or Money: Some Emotional Foundations Of Rationality, Gerald L. Clore Jun 2005

For Love Or Money: Some Emotional Foundations Of Rationality, Gerald L. Clore

Chicago-Kent Law Review

Having emotions represents what people value. Just as cognition concerns whether things are true and false; emotion is about whether they are good or bad. Thus, emotion may be a necessity for rationality, rather than its antithesis. Our emotion research shows that emotional feelings provide compelling information about the value of outcomes, actions, and objects. As a result, although it can also lead to excess, emotions provide a coherent basis for judgment and decision. In addition, I suggest that the current psychological theory is helpful in thinking about rationality because it assumes more than one mode of reasoning. Similarly, current …

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Official Indiscretions: Considering Sex Bargains With Government Informants, Susan S. Kuo Jun 2005

Official Indiscretions: Considering Sex Bargains With Government Informants, Susan S. Kuo

Faculty Publications

This article addresses an alarming new investigatory practice employed by law enforcement officials: requiring arrestees to carry out sexual tasks as confidential informants. Requiring arrestee informants to engage in sexual activities in exchange for a reduction or possible elimination of criminal penalties they might otherwise incur raises constitutional concerns. Informants can and do accept a variety of investigative assignments. But, as this article shows by drawing on sociological research, sex tasks differ fundamentally from more conventional informant undertakings. The importance of this distinction is that while adult individuals undoubtedly can provide consent to sexual matters, the validity of such consent …

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Foreword To The Symposium: Therapeutic Approaches To Conflict Resolution In Health Care Settings, Charity Scott Jun 2005

Foreword To The Symposium: Therapeutic Approaches To Conflict Resolution In Health Care Settings, Charity Scott

Georgia State University Law Review

No abstract provided.

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Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady Jun 2005

Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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In Re Oracle Corp. Derivative Litigation: Death Of Special Litigation Committees?, Anna Panchenko Jun 2005

In Re Oracle Corp. Derivative Litigation: Death Of Special Litigation Committees?, Anna Panchenko

DePaul Business & Commercial Law Journal

No abstract provided.

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Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen Jun 2005

Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen Jun 2005

Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Pricing At The Pump: The Impact Of Recent Litigation On The Interpretation Of Below Cost Motor Fuel Statutes, Jennifer M. Evans Jun 2005

Pricing At The Pump: The Impact Of Recent Litigation On The Interpretation Of Below Cost Motor Fuel Statutes, Jennifer M. Evans

Georgia State University Law Review

No abstract provided.

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Intellectual Property, Innovation, And Decision Architectures, Tim Wu Jun 2005

Intellectual Property, Innovation, And Decision Architectures, Tim Wu

Public Law and Legal Theory Working Papers

No abstract provided.

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