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2005

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Full-Text Articles in Law

Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center Oct 2005

Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.


Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center Oct 2005

Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.


From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle Oct 2005

From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle

PhD Dissertations

This dissertation considers the evolution, current state, and future prognosis of the global climate change regime under the umbrella of the United Nations Framework Convention on Climate Change. The focus of the dissertation is on State compliance with the Kyoto Protocol. Compliance is considered from the perspective of the internal compliance regime developed under the Kyoto Protocol as well as a select set of potential external international law influences. The dissertation concludes with an assessment of the level of compliance to be expected and its potential influence on the future of the climate change regime. Implications for international environmental law …


Museletter: October 2005, Caroline L. Osborne Oct 2005

Museletter: October 2005, Caroline L. Osborne

Museletter

This Issue:

HeinOnline by Caroline Osborne

Fall Back/Backk Up by Kimberly Wiseman

Law at the Movies: In Her Shoes by Gail Zwirner


Virtual Property, Joshua A.T. Fairfield Oct 2005

Virtual Property, Joshua A.T. Fairfield

Scholarly Articles

This article explores three new concepts in property law. First, the article defines an emerging property form - virtual property - which is not intellectual property, but that more efficiently governs rivalrous, persistent, and interconnected online resources. Second, the article demonstrates that the threat to high-value uses of internet resources is not the traditional tragedy of the commons that results in overuse. Rather, the naturally layered nature of the internet leads to overlapping rights of exclusion that cause underuse of internet resources: a tragedy of the anticommons. And finally, the article shows that the common law of property can act …


Osama's Submarine: National Security And Environmental Protection After 9/11, Stephen Dycus Oct 2005

Osama's Submarine: National Security And Environmental Protection After 9/11, Stephen Dycus

William & Mary Environmental Law and Policy Review

No abstract provided.


Transnational Mutual Recognition Regimes: Governance Without Global Government, Kalypso Nicolaidis, Gregory Shaffer Oct 2005

Transnational Mutual Recognition Regimes: Governance Without Global Government, Kalypso Nicolaidis, Gregory Shaffer

Law and Contemporary Problems

No abstract provided.


The Revamped Fisa: Striking A Better Balance Between The Government's Need To Protect Itself And The 4th Amendment, J. Christopher Champion Oct 2005

The Revamped Fisa: Striking A Better Balance Between The Government's Need To Protect Itself And The 4th Amendment, J. Christopher Champion

Vanderbilt Law Review

The investigations of the 9/11 terrorist attacks highlighted a series of lapses in intelligence-sharing within the federal government regarding terrorist operations. One area closely examined by Congress,' the judiciary, and many legal and political commentators is the appropriate scope of intelligence collection within the United States "concerning foreign threats to the nation's security" ("foreign intelligence"). Domestic intelligence collection is a particularly complex sphere of national security as gathering intelligence on American soil requires balancing the privacy rights of individuals guaranteed by the Fourth Amendment against the nation's need to protect itself.

The Foreign Intelligence Surveillance Act of 1978 ("FISA") governs …


Leaving No Loopholes For Terrorist Financing: The Implementation Of The Usa Patriot Act In The Real Estate Field, Elizabeth A. Cheney Oct 2005

Leaving No Loopholes For Terrorist Financing: The Implementation Of The Usa Patriot Act In The Real Estate Field, Elizabeth A. Cheney

Vanderbilt Law Review

September 11, 2001 began like any other day but took a drastic turn at 8:45 a.m. Eastern Daylight Time when a plane, hijacked by terrorists, crashed into the northern tower of the World Trade Center, setting it afire. As Americans mourned in silence, a second plane rammed through the southern tower of the World Trade Center at 9:05 a.m. and set it aflame. The horror continued, as a third plane crashed into the Pentagon, a fourth diverted into a field in Pennsylvania, and both towers of the World Trade Center collapsed.

It did not take long for Americans to realize …


Santa Clara Magazine, Volume 47 Number 2, Fall 2005, Santa Clara University Oct 2005

Santa Clara Magazine, Volume 47 Number 2, Fall 2005, Santa Clara University

Santa Clara Magazine

6 - THE DRIVE TO CREATE by Elizabeth Kelley Gillogly '93. Albert Hoagland, an adjunct professor at SCU for more than 20 years, helped to build the first disk drive. Now is he working to preserve the history of magnetic disk storage.

10 - UNFINISHED MESSAGE by Toshio Mori. We share an excerpt from a collection of short stories by Mori, whose work highlights the plight of Japanese immigrants in the U.S. during World War II. The book is a part of the California Legacy Series, a partnership between SCU and Heyday Books.

14 - THE FAMILIAR STRANGER By Cynthia …


Vol. 3, No. 09 (October/November 2005) Oct 2005

Vol. 3, No. 09 (October/November 2005)

Indiana Law Update

No abstract provided.


The Priest-Penitent Privilege: An Hibernocentric Essay In Postcolonial Jurisprudence, Walter J. Walsh Oct 2005

The Priest-Penitent Privilege: An Hibernocentric Essay In Postcolonial Jurisprudence, Walter J. Walsh

Indiana Law Journal

No abstract provided.


Notre Dame Lawyer - Fall 2005, Notre Dame Law School Oct 2005

Notre Dame Lawyer - Fall 2005, Notre Dame Law School

Notre Dame Lawyer

No abstract provided.


Red Tape Or Accountability: Privatization, Public-Ization, And Public Values, Ellen Dannin Oct 2005

Red Tape Or Accountability: Privatization, Public-Ization, And Public Values, Ellen Dannin

Cornell Journal of Law and Public Policy

No abstract provided.


Digital Must-Carry & (And) The Case For Public Television, Justin Brown Oct 2005

Digital Must-Carry & (And) The Case For Public Television, Justin Brown

Cornell Journal of Law and Public Policy

No abstract provided.


Clinical Case Management; A Strategy To Coordinate Detection, Reporting, And Prosecution Of Elder Abuse, Arlene D. Luu, Bryan A. Liang Oct 2005

Clinical Case Management; A Strategy To Coordinate Detection, Reporting, And Prosecution Of Elder Abuse, Arlene D. Luu, Bryan A. Liang

Cornell Journal of Law and Public Policy

Despite civil and criminal sanctions, elder abuse is a prevalent, underreported, and underprosecuted event in the United States. Traditional reporting legislation and common law remedies have had minimal effect on the incidence and prevalence of elder abuse. The epidemic nature of elder abuse is projected to increase exponentially as the elderly population grows disproportionately over the next several decades. The fragmented system of detecting, reporting, and prosecuting this abuse across a wide range of medical and legal settings creates a poor structure to effectively allow a potentially abused patient to have his/her abuse circumstance communicated to the relevant parties to …


The Chair, The Needle, And The Damage Done: What The Electric Chair And The Rebirth Of The Method-Of-Execution Challenge Could Mean For The Future Of The Eighth Amendment, Timothy S. Kearns Oct 2005

The Chair, The Needle, And The Damage Done: What The Electric Chair And The Rebirth Of The Method-Of-Execution Challenge Could Mean For The Future Of The Eighth Amendment, Timothy S. Kearns

Cornell Journal of Law and Public Policy

No abstract provided.


Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law Oct 2005

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.


The Public Trust Doctrine, Parens Patriae, And The Attorney General As The Guardian Of The State’S Natural Resources, Allan Kanner Oct 2005

The Public Trust Doctrine, Parens Patriae, And The Attorney General As The Guardian Of The State’S Natural Resources, Allan Kanner

Duke Environmental Law & Policy Forum

No abstract provided.


Foreword - Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Christina E. Wells, Martha Dragich Oct 2005

Foreword - Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Christina E. Wells, Martha Dragich

Faculty Publications

Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.


Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben Oct 2005

Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben

Faculty Publications

As we see in this symposium, Justice Harry Blackmun is as controversial in death as he was in life. We live in a time of increasing absolutism, where things are either black or white, red or blue, you are either for me or against me, my way or the highway. It is when we are swayed by the sirens of absolutism that we are most likely to make mistakes, for absolutism diminishes our capacity to see nuance, much less to appreciate and account for it in our reasoning. This is a dangerous thing in a court, and in a democracy. …


Struggling With Deliberative Secrecy, Jury Independence, And Jury Reform, Diane E. Courselle Oct 2005

Struggling With Deliberative Secrecy, Jury Independence, And Jury Reform, Diane E. Courselle

South Carolina Law Review

No abstract provided.


How We Lost Our Moral Rights And The Door Closed On Non-Economic Values In Copyright, Susan P. Liemer Oct 2005

How We Lost Our Moral Rights And The Door Closed On Non-Economic Values In Copyright, Susan P. Liemer

Publications

When Congress passed the Visual Artists Rights Act ("VARA") in 1990, it introduced into our federal law concepts that had been shut out of Anglo-American intellectual property law for over 200 years. VARA gives visual artists the right of attribution, i.e., the right to have their work properly attributed to them, and the right of integrity, i.e., the right to not have their work altered or destroyed without their permission. While others have studied the history of Anglo-American copyright from the advent of the printing press, they make few references to the type of rights granted by VARA. To fill …


The Risk In Technology-Based Standards, Patricia Ross Mccubbin Oct 2005

The Risk In Technology-Based Standards, Patricia Ross Mccubbin

Duke Environmental Law & Policy Forum

No abstract provided.


Correspondence: Testing Minimalism: A Reply, Cass R. Sunstein Oct 2005

Correspondence: Testing Minimalism: A Reply, Cass R. Sunstein

Articles

No abstract provided.


Irish Law 2005, Notre Dame Law School Oct 2005

Irish Law 2005, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2008, Welcome as a potential student to Notre Dame Law School! We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that …


Political Constraints On Supreme Court Reform, Adrian Vermeule Oct 2005

Political Constraints On Supreme Court Reform, Adrian Vermeule

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Testimony On A Proposed Journalist-Source Privilege To The Senate Committee On The Judiciary, Geoffrey R. Stone Oct 2005

Testimony On A Proposed Journalist-Source Privilege To The Senate Committee On The Judiciary, Geoffrey R. Stone

Occasional Papers

No abstract provided.


Volume 29, Issue 2 (Fall 2005) Oct 2005

Volume 29, Issue 2 (Fall 2005)

Transcript

No abstract provided.


Brownfield Development: A New Approach To An Old Problem, Jennifer Corum Oct 2005

Brownfield Development: A New Approach To An Old Problem, Jennifer Corum

Mahurin Honors College Capstone Experience/Thesis Projects

An alarming number of abandoned properties in the United States stifle community productivity and pose serious health risks. Changes in environmental liability laws may effectively remediate these sites, but brownfield rehabilitation requires careful cost benefit analysis on a per-site basis.