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2005

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Articles 961 - 990 of 10093

Full-Text Articles in Law

Contents And Editorial Board, North Carolina Journal Of Law & Technology Oct 2005

Contents And Editorial Board, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.


Title And Copyright Pages, North Carolina Journal Of Law & Technology Oct 2005

Title And Copyright Pages, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.


Front Matter, North Carolina Journal Of Law & Technology Oct 2005

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.


The Seamy Side Of The Seamy Side: Potential Danger Of Cyberpiracy In The Proposed .Xxx Top Level Domain, Jennifer D. Phillips Oct 2005

The Seamy Side Of The Seamy Side: Potential Danger Of Cyberpiracy In The Proposed .Xxx Top Level Domain, Jennifer D. Phillips

North Carolina Journal of Law & Technology

No abstract provided.


Advancing Public Interest Practitioner Research Skills In Legal Education, Randy Diamond Oct 2005

Advancing Public Interest Practitioner Research Skills In Legal Education, Randy Diamond

North Carolina Journal of Law & Technology

No abstract provided.


The Ever-Expanding Complete Preemption Doctrine And The Copyright Act: Is This What Congress Really Wanted, Elizabeth Helmer Oct 2005

The Ever-Expanding Complete Preemption Doctrine And The Copyright Act: Is This What Congress Really Wanted, Elizabeth Helmer

North Carolina Journal of Law & Technology

No abstract provided.


Hope For Temporary Citizens Aboard Floating Cities: Carlisle V. Carnival Corporation, Kristopher E. Pearson Oct 2005

Hope For Temporary Citizens Aboard Floating Cities: Carlisle V. Carnival Corporation, Kristopher E. Pearson

University of Miami Law Review

No abstract provided.


Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, And Piracy In The Courts, Theresa M. Beiner, Robert B. Chapman Oct 2005

Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, And Piracy In The Courts, Theresa M. Beiner, Robert B. Chapman

University of Miami Law Review

No abstract provided.


Struggling For Federal Judicial Review Of Successive Claims Of Innocence: A Study Of How Federal Courts Wrestled With The Aedpa To Provide Individuals Convicted Of Non-Existent Crimes With Habeas Corpus Review, Lyn S. Entzeroth Oct 2005

Struggling For Federal Judicial Review Of Successive Claims Of Innocence: A Study Of How Federal Courts Wrestled With The Aedpa To Provide Individuals Convicted Of Non-Existent Crimes With Habeas Corpus Review, Lyn S. Entzeroth

University of Miami Law Review

No abstract provided.


Does A Pharmacist Have The Right To Refuse To Fill A Prescription For Birth Control?, Cristina Arana Lumpkin Oct 2005

Does A Pharmacist Have The Right To Refuse To Fill A Prescription For Birth Control?, Cristina Arana Lumpkin

University of Miami Law Review

No abstract provided.


When 2 Or 3 Come Together, Kelsi Brown Corkran, Tracey L. Meares Oct 2005

When 2 Or 3 Come Together, Kelsi Brown Corkran, Tracey L. Meares

Public Law and Legal Theory Working Papers

This article investigates policies that are responsive to crime in disadvantaged, urban neighborhoods from a community-based context. The vehicle is an analysis of a community-wide prayer vigil held in Chicago in May of 1997. The vigil resulted from a collaboration between the Chicago Police Department and hundreds of (mostly) African- American churches on Chicago’s West Side. Strikingly, the local police district’s commander facilitated the vigil. We explain the sociological and political significance of this collaboration by drawing upon the “Chicago School” of urban sociology and demonstrating theoretically and empirically the potential for the collaboration, through the integration of key community …


Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 13, Iss. 2 Oct 2005

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 13, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.


Understanding The Cost Of The War Against Iraq And How That Realization Can Affect International Law, David Allen Larson Oct 2005

Understanding The Cost Of The War Against Iraq And How That Realization Can Affect International Law, David Allen Larson

Cardozo Journal of International and Comparative Law

The article critiques the U.S. invasion of Iraq, arguing that its legality under international law is highly questionable due to the lack of Security Council authorization and its deviation from the U.N. Charter's provisions on the use of force. It also highlights the staggering financial and human costs of the war, emphasizing that the funds spent on the invasion could have addressed critical domestic and global challenges such as healthcare, education, and poverty. The article advocates for greater U.S. compliance with international law and encourages readers to reconsider the allocation of resources to achieve more equitable and ethical outcomes.


Numerical Comparative Law: Do We Need Statistical Evidence In Law In Order To Reduce Complexity?, Mathias M. Siems Oct 2005

Numerical Comparative Law: Do We Need Statistical Evidence In Law In Order To Reduce Complexity?, Mathias M. Siems

Cardozo Journal of International and Comparative Law

The article explores the use of numerical methods in comparative law, questioning whether statistical approaches can effectively simplify legal complexity without oversimplification. It examines both the potential benefits and drawbacks of quantifying legal systems, arguing that while numerical methods can enhance practical utility, they must be used cautiously to avoid neglecting legal complexity and contextual factors.


Contractarianism And Corporate Law: Alternative Explanations To The Law's Mandatory And Enabling/Default Contents, Ige Omotayo Bolodeoku Oct 2005

Contractarianism And Corporate Law: Alternative Explanations To The Law's Mandatory And Enabling/Default Contents, Ige Omotayo Bolodeoku

Cardozo Journal of International and Comparative Law

The article critically examines the contractarian theory of corporate law, which posits that corporate governance should primarily consist of default rules that parties can modify through private bargaining. While this approach offers valuable economic insights, the article argues that its limitations as both a descriptive and prescriptive framework undermine its effectiveness in addressing the complexities of corporate governance, particularly in widely held companies. The analysis highlights the tension between the efficiency of default rules and the need for mandatory legal protections to prevent managerial abuse and protect public interests. Ultimately, the article advocates for a balanced approach that incorporates both …


Globalization & Law: Beyond Traditional Methodology Of Comparative Legal Studies And An Example From Private International Law, Fabio Morosini Oct 2005

Globalization & Law: Beyond Traditional Methodology Of Comparative Legal Studies And An Example From Private International Law, Fabio Morosini

Cardozo Journal of International and Comparative Law

The article explores the impact of globalization on comparative legal studies and private international law, arguing that traditional methodologies in comparative law must evolve to address the challenges posed by globalization. It emphasizes the need for interdisciplinary approaches, particularly incorporating economic analysis, to better understand and adapt to the changing legal landscape. The analysis focuses on the European Union as a case study, demonstrating how European Community law influences the private international law of its member states and advocating for methodological innovations to maintain the relevance of comparative legal studies in a globalized world.


Sec Hedge Fund Regulatory Implications On Asian Emerging Markets: Bottom Line Or Bust, Sherry M. Shore Oct 2005

Sec Hedge Fund Regulatory Implications On Asian Emerging Markets: Bottom Line Or Bust, Sherry M. Shore

Cardozo Journal of International and Comparative Law

The note examines the dual role of hedge funds as both contributors to financial crises and potential drivers of economic growth, emphasizing the need for balanced regulatory approaches that mitigate systemic risks while harnessing their benefits. It highlights the challenges of implementing effective regulation, particularly in emerging markets, and critiques the SEC's recent regulatory measures as potentially counterproductive. The analysis underscores the importance of understanding the structural and economic conditions that facilitate hedge fund activities to inform policy decisions.


A Mathematical Approach To Benefit-Detriment Analysis As A Solution To Compulsory Licensing Of Pharmaceuticals Under The Trips Agreement, Vishal Gupta Oct 2005

A Mathematical Approach To Benefit-Detriment Analysis As A Solution To Compulsory Licensing Of Pharmaceuticals Under The Trips Agreement, Vishal Gupta

Cardozo Journal of International and Comparative Law

The note proposes a mathematical approach to benefit-detriment analysis as a solution to the challenges posed by compulsory licensing of pharmaceuticals under the TRIPS Agreement. The core argument is that a socio-economic framework, comparing the monetary detriment to pharmaceutical companies (D) with the aggregate societal benefit (H x C), where H is the average health benefit per person and C is the number of affected citizens, can provide a balanced and objective method to determine when compulsory licenses should be granted. This approach aims to address the "Paragraph 6 problem" and improve access to essential medicines in developing countries while …


Beyond Presumptions And Peafowl: Reconciling The Legal Principle Of Equality With The Pedagogical Benefits Of Gender Differentiation, Michael J. Kaufman Oct 2005

Beyond Presumptions And Peafowl: Reconciling The Legal Principle Of Equality With The Pedagogical Benefits Of Gender Differentiation, Michael J. Kaufman

Buffalo Law Review

No abstract provided.


Insecure Retirement Income, Wrongful Plan Administration And Other Employee Benefits Woes—Evaluating Erisa At Age Thirty, Maria O'Brien Hylton Oct 2005

Insecure Retirement Income, Wrongful Plan Administration And Other Employee Benefits Woes—Evaluating Erisa At Age Thirty, Maria O'Brien Hylton

Buffalo Law Review

Book review of James A. Wooten's The Employee Retirement Income Security Act of 1974—A Political History


To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins Oct 2005

To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins

Buffalo Law Review

Book review of Markus Dirk Dubber's The Police Power: Patriarchy and the Foundations of American Government


Where Does Forum For Academic And Institutional Rights V. Rumsfeld Leave Military Recruiting Efforts?, Angel M. Overgaard Oct 2005

Where Does Forum For Academic And Institutional Rights V. Rumsfeld Leave Military Recruiting Efforts?, Angel M. Overgaard

Buffalo Law Review

No abstract provided.


Intellectual Property Rights In Digital Media: A Comparative Analysis Of Legal Protection, Technological Measures, And New Business Models Under Eu And U.S. Law, Nicola Lucchi Oct 2005

Intellectual Property Rights In Digital Media: A Comparative Analysis Of Legal Protection, Technological Measures, And New Business Models Under Eu And U.S. Law, Nicola Lucchi

Buffalo Law Review

No abstract provided.


Recreating The Western City In A Post-Industrialized World: European Brownfield Policy And An American Comparison, Andrew O. Guglielmi Oct 2005

Recreating The Western City In A Post-Industrialized World: European Brownfield Policy And An American Comparison, Andrew O. Guglielmi

Buffalo Law Review

No abstract provided.


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.


Gis In An Age Of Homeland Security: Accessing Public Information To Ensure A Sustainable Environment, Patricia E. Salkin Oct 2005

Gis In An Age Of Homeland Security: Accessing Public Information To Ensure A Sustainable Environment, Patricia E. Salkin

William & Mary Environmental Law and Policy Review

No abstract provided.


American Cities And Sustainable Development In The Age Of Global Terrorism: Some Thoughts On Fortress America And The Potential For Defensive Disperal Ii, Edward H. Ziegler Oct 2005

American Cities And Sustainable Development In The Age Of Global Terrorism: Some Thoughts On Fortress America And The Potential For Defensive Disperal Ii, Edward H. Ziegler

William & Mary Environmental Law and Policy Review

No abstract provided.


In Pursuit Of Environmental Regulatory Compliance: Should We Flex The "Public Trust" Enhancement Muscle?, Brian Hendricks Oct 2005

In Pursuit Of Environmental Regulatory Compliance: Should We Flex The "Public Trust" Enhancement Muscle?, Brian Hendricks

William & Mary Environmental Law and Policy Review

No abstract provided.


Curbing Carbon Dioxide Emissions Through The Rebirth Of Public Nuisance Laws - Environmental Legislation By The Courts, Daniel V. Mumford Oct 2005

Curbing Carbon Dioxide Emissions Through The Rebirth Of Public Nuisance Laws - Environmental Legislation By The Courts, Daniel V. Mumford

William & Mary Environmental Law and Policy Review

No abstract provided.


Government Regulatory Initiatives Encouraging The Development And Sale Of Gas/Electric Hybrid Vehicles: Transforming Hybrids From A Curiosity To An Industry Standard, Daniel Ramish Oct 2005

Government Regulatory Initiatives Encouraging The Development And Sale Of Gas/Electric Hybrid Vehicles: Transforming Hybrids From A Curiosity To An Industry Standard, Daniel Ramish

William & Mary Environmental Law and Policy Review

No abstract provided.