Law Commons^™

International Accountability Project November 7 2005, Dana Clark

IFC E&S Performance Standards

No abstract provided.

Vol. 29, No. 10 (November 7, 2005)

Indiana Law Annotated

No abstract provided.

Catch 1201: A Legislative History And Content Analysis Of The Dmca Exemption Proceedings, Bill D. Herman, Oscar H. Gandy

ExpressO

17 USC Section 1201(a)(1) prohibits circumventing a technological protection measure (TPM) that effectively controls access to a copyrighted work. In the name of mitigating the innocent casualties of this new ban, Congress constructed a triennial rulemaking, administered by the Register of Copyrights, to determine temporary exemptions. This paper considers the legislative history of this rulemaking, and it reports the results of a systematic content analysis of its 2000 and 2003 proceedings.

Inspired by the literature on political agendas, policymaking institutions, venue shifting, and theories of delegation, we conclude that the legislative motivations for Section 1201 were laundered through international treaties, …

Search And Seizure Abused: The Fourth Amendment's Fallacies, Angela J. Williams

ExpressO

No abstract provided.

Resurrection From Babel: The Cultural, Political, And Legal Status Of Christian Communities In Lebanon And Syria And Their Prospects For The Future, Alexandra R. Harrington

ExpressO

In the well-known Biblical story, the faithful, attempting to create a place of unity for themselves, set about building the Tower of Babel, only to see the Tower implode due to linguistic differences and power assertions. Thousands of years later, the world is still plagued by sectarian strife and warfare. Indeed, the situation has only become more involved since Babel, as there are now inter-communal and intra-communal conflicts for supremacy and superiority – a notable difference in these conflicts is that the ultimate tool of getting to Heaven is no longer a tower, it is now a state. Within the …

Good Faith In The World Of Delaware Corporate Litigation: A Strategic Perspective On Recent Developments In Fiduciary Duty Law, Zachary S. Klughaupt

ExpressO

The Delaware Chancery’s new-found willingness to hold corporate directors accountable for breaching the duty of good faith has provoked widespread attention in both the business and legal communities. Legal practitioners and scholars recognize the novelty of Delaware’s recent good faith jurisprudence, as well as its potential to expose directors to gigantic personal damage awards, and in fact have published numerous articles that seek to delimit the boundaries of good faith conduct. But until now, most discussions of good faith as a fiduciary duty have approached the subject as an abstract measure of conduct, showing little regard for how a complaint …

Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister

ExpressO

When monopoly control over the flow of information is lost, the unavoidable consequence is destabilization. Information flow through a society can be understood as a market—not a market exchanging cash for goods, but loyalty for identity. Hence the market is called the “Market for Loyalties"--so labeled by an economics of information theory first developed by Prof. Monroe Price, of Cardozo Law School, and Director of the Howard M. Squadron Program in Law, Media and Society, to explain government regulation of radio, TV, cable and satellite broadcasting.

In post-invasion Iraq, Saddam Hussein lost or monopoly control over the information market, where …

Nov. 3. 2005, G. Armstrong, Background Note, Measuring Outcomes, For 2005 Strategic Advisors Mtg, Cao, G. Armstrong

CAO General 1999-Present

No abstract provided.

Password Theft: Rethinking An Old Crime In A New Era, Daniel S. Shamah

ExpressO

This is a discussion of the legal and economic ramifications of password theft.

Conference Registration

Freedman Institute for the Study of Legal Ethics Conferences

No abstract provided.

Bluebook No. 18—“Thank God For Competition….”, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The Eighteenth Edition of The Bluebook' is now available, and thanks to competition from the ALWD Citation Manual ("ALWD Manual"), this version is better than ever for practitioners. In the words of Gil Atkinson, '"thank God for competition. When our competitors upset our plans or outdo our designs, they open infinite possibilities of our own work to us."

The Forum (Volume 36 [35], Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

A Jeffersonian Republic By Hamiltonian Means: Values, Constraints & Finance In An Authentic American Ownership Society, Robert C. Hockett

Cornell Law Faculty Publications

This article, the second in a trilogy, interprets American ownership-spreading programs past and present under the aspect of a comprehensive theory of "the American ownership society" (OS) developed in its predecessor article, titled Whose Ownership? Which Society? It also identifies what appears to be a significant gap in our efforts to become a comprehensive OS thus far.

By early in the 20th century, we had developed and implemented a number of highly innovative and successful programs dedicated to the task of spreading human and nonhuman capital (in the form of arable land in particular) quite broadly. Since about the 1930s, …

Federal Mandatory Minimum Drug Sentences: Weapon In The War On Drugs Or War On Blacks, Crystal S. Byrd

McCabe Thesis Collection

This study will attempt to determine the direct and indirect consequences of Federal mandatory minimum drug sentences and drug policy to African Americans. It will examine statistics on drug use, arrest, convictions, and incarceration of African Americans. These statistics will be gathered from several government agencies and will be used to determine if American drug policy discriminates against African Americans. The purpose of this study is to inform and educate African Americans about Federal mandatory minimum drug sentences and the impact they are having on Black communities and to provide links to resources that can be used to promote drug …

Bombs Under Bangor: The Ninth Circuit Holds Submarine Base Siting Beyond The Scope Of Nepa And The Esa. Ground Zero Center For Non-Violent Action V. U.S. Department Of The Navy, Crystal L. Hermann

Journal of Environmental and Sustainability Law

No abstract provided.

On The Basis For Creation Of A New Method Of Defining International Jurisdiction In The Arctic Ocean, Barry Hart Dubner

Journal of Environmental and Sustainability Law

No abstract provided.

Hunting On National Wildlife Refuges: Unchecked Expansion Or Fully Compatible Use?, Kurt R. Moser

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Updates

Journal of Environmental and Sustainability Law

No abstract provided.

Public Health And Safety Exception: Finding A "Position Of Trust" Where None Exists. United States V. Snook, John R. Griffith

Journal of Environmental and Sustainability Law

No abstract provided.

A Chapter 11 Debtor's Life After Oct. 17: Not So Bad If You Effectively Plan, Michelle M. Harner, Carl E. Black

Faculty Scholarship

No abstract provided.

The Epidemiology Of U.S. Immunization Law: Translating Cdc Immunization Guidelines Into Practice: State Laws Related To The Use Of Standing Orders Covering Immunization Practice, Alexandra M. Stewart, Marisa A. Cox, Sara J. Rosenbaum

Health Policy and Management Faculty Publications

This pilot study examines how five states -- Georgia, Massachusetts, New York, Oregon, and Texas – approach the legal question of delegation of medical practice powers in an immunization practice context.

Upping The Ante: Fines For Ignoring Epa Information Requests Unlikely To Be "Excessive" In Sixth Circuit. United States V. Gurley , Jason M. Scherer

Journal of Environmental and Sustainability Law

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

Part I of this article outlines the historical context and addresses the child's right to legal representation. Part II discusses the child's legal status by defining the specific legal interests, her procedural rights as a party to the litigation, the right to choose counsel, and the child's right to be involved as a participant. The penultimate Part analyzes the role of the child's counsel, including an outline of the relevant statutes, the diametrically opposed positions of state legislatures and the organized bar, and the hopelessly conflicting contemporary case law. The final Part addresses the fundamental deficiencies of the “best interests” …

You Can't Take It With You: Constitutional Consequences Of Interstate Gender-Identity Rulings, Julie A. Greenberg, Marybeth Herald

Washington Law Review

Recent U.S. decisions establishing a person's legal sex have adopted a kaleidoscope of approaches that range from the procreative (a man must be able to fertilize ovum and beget offspring, while a woman must be able to produce ova and bear offspring), to the religious (gender is immutably fixed by our Creator at birth), to the scientific (gender itself is a fact that may be established by medical and other evidence). Under current laws and state court rulings, a male-to-female transsex person is legally a woman in approximately one-half of the states and legally a man in the other half. …

Policing The Border Between Trademarks And Free Speech: Protecting Unauthorized Trademark Use In Expressive Works, Pratheepan Gulasekaram

Washington Law Review

Artists and other creators of expressive works often include trademarks and trademarked products as part of their works. They do so for a number of reasons, including lighthearted humor, critical cultural commentary, parody, or even simply to shock. In instances where such use is both unauthorized by and perceived as disparaging to the mark owner or the trademarked product, owners have attempted to sue under trademark law to enjoin the expressive use. This Article argues that, under a proper analysis of trademark law, precedent, and the free expression ideal enshrined in the First Amendment, mark owners should rarely, if ever, …

Solomon's Choice: The Spending Clause And First Amendment Rights In Forum For Academic & Institutional Rights V. Rumsfeld, Emily R. Hutchinson

Washington Law Review

The Solomon Amendment denies federal funding to institutions of higher education that interfere with military recruiting on campus. In Forum for Academic & Institutional Rights v. Rumsfeld, the United States Court of Appeals for the Third Circuit examined the constitutionality of the Solomon Amendment using traditional First Amendment analysis. The court applied strict scrutiny and held that it was reasonably likely that the Solomon Amendment impermissibly infringed the First Amendment rights of an association of law schools and law faculty. This Note argues that the Solomon Amendment is a valid exercise of Congress's constitutionally-mandated duties to spend for the …

Risky Business: Directors Making Business Judgments In Washington State, Adam J. Richins

Washington Law Review

Section 23B.08.300 of the Revised Code of Washington (RCW) defines the general standards of conduct for directors in discharging corporate duties. The Washington State Legislature developed these standards to govern the manner in which directors perform their duties, rather than to impose liability on directors for negligent business decisions under the business judgment rule. Indeed, the business judgment rule, as defined by leading corporate-law jurisdictions and the American Bar Association, generally protects directors from liability associated with negligent business decisions so long as the director makes decisions in good faith, on an informed basis, without self-interest, and in accordance with …

Nov 2005, Unauthored (D.Hunter) And Undated, Cso Comparison Of Final Ifc Polices Versus Old Policies, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 5, 2005, J. Kalafut, Bic, Cso Emails Re Comments Policy 1,3, &4, Jennifer Kalafut, Andrea Durbin

IFC E&S Performance Standards

No abstract provided.