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Articles 31 - 60 of 76
Full-Text Articles in Law
Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White
Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White
Northwestern Journal of Law & Social Policy
No abstract provided.
Roper V. Simmons: The Collision Of National Consensus And Proportionality Review, Wayne Myers
Roper V. Simmons: The Collision Of National Consensus And Proportionality Review, Wayne Myers
Journal of Criminal Law and Criminology
No abstract provided.
Whiskey And The Wires: The Inadvisable Application Of The Wire Fraud Statute To Alcohol Smuggling And Foreign Tax Evasion, Jason S. Friedman
Whiskey And The Wires: The Inadvisable Application Of The Wire Fraud Statute To Alcohol Smuggling And Foreign Tax Evasion, Jason S. Friedman
Journal of Criminal Law and Criminology
No abstract provided.
Johnson V. California: The Supreme Court Invades The States' Authority To Establish Criminal Procedures, Jacob Smith
Johnson V. California: The Supreme Court Invades The States' Authority To Establish Criminal Procedures, Jacob Smith
Journal of Criminal Law and Criminology
No abstract provided.
Desert, Democracy, And Sentencing Reform, Alice Ristroph
Desert, Democracy, And Sentencing Reform, Alice Ristroph
Journal of Criminal Law and Criminology
No abstract provided.
Improving Criminal Jury Verdicts: Learning From The Court-Martial , Robert F. Holland
Improving Criminal Jury Verdicts: Learning From The Court-Martial , Robert F. Holland
Journal of Criminal Law and Criminology
No abstract provided.
After Crawford Double-Speak: Testimony Does Not Mean Testimony And Witness Does Not Mean Witness , Josephine Ross
After Crawford Double-Speak: Testimony Does Not Mean Testimony And Witness Does Not Mean Witness , Josephine Ross
Journal of Criminal Law and Criminology
No abstract provided.
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Northwestern Journal of International Law & Business
This paper argues that the United States should look to the European Community in order to rework its telecommunications regulatory structure. More specifically, the United States should reconsider its current system of regulating various telecommunications sectors separately and follow the European Commission by developing a "single regulatory framework." By regulating the telecommunications transmission separately from telecommunications content, the United States can better anticipate emerging technologies rather than struggling to catch up with new technologies as they exceed the reach of the current regulatory framework. Part II will discuss the U.S. and European telecommunications regulatory frameworks. Part III will discuss the …
A Comparative Analysis Of Shareholder Protections In Italy And The United States: Parmalat As A Case Study, Lorenzo Segato
A Comparative Analysis Of Shareholder Protections In Italy And The United States: Parmalat As A Case Study, Lorenzo Segato
Northwestern Journal of International Law & Business
The goal of this article is to compare the protections offered to minority shareholders by the Italian system of corporate law with those offered by the U.S. legal system of corporate and securities law in order to determine if Parmalat's minority shareholders would have been better off had Parmalat been an American company listed in the U.S. financial market. This analysis will reveal several weaknesses in Italian corporate and securities laws, thereby providing a basis for suggestions on how to improve minority shareholders' rights in Italy based on the U.S. experience. Section II of this paper provides an overview of …
Merger Control Review In The United States And The European Union: Working Towards Conflict Resolution, Kathryn Fugina
Merger Control Review In The United States And The European Union: Working Towards Conflict Resolution, Kathryn Fugina
Northwestern Journal of International Law & Business
While the economy continues to grow on a global scale, large companies seeking to stay competitive must look to international markets as a means of expansion and trade. As international mergers become a more common means of accomplishing these goals, an increasing number of countries are adopting competition laws. Unfortunately, the laws of different countries and regions can, and do, come into conflict. This paper examines the merger control laws of both the United States and the European Union, why these laws sometimes conflict, and provides suggestions for possible solutions for minimizing future conflicts. Part II reviews the relevant merger …
At The Crossroads: Making Competition Law Effective In Pakistan Symposium On Competition Law And Policy In Developing Countries , Joseph Wilson
At The Crossroads: Making Competition Law Effective In Pakistan Symposium On Competition Law And Policy In Developing Countries , Joseph Wilson
Northwestern Journal of International Law & Business
Just as the first merger wave of the late 1880's in the United States resulted in the birth of Sherman Act, the recent global merger wave of the early 2000's, coupled with the growing liberalization of trade, prompted a large number of developing and transitional economies to adopt competition laws. Pakistan is one of the few developing countries with a competition law in place for more than three decades: the Monopolies and Restrictive Trade Practices Ordinance of 1970 ("MRTPO" or the "Ordinance"). While the Ordinance contained fairly strong provisions, the agency entrusted to implement it, the Monopolies Control Authority ("MCA"), …
Taxing The International Athlete: Working Toward Free Trade In The Americas Through A Multilateral Tax Treaty, Jeffrey Dunlop
Taxing The International Athlete: Working Toward Free Trade In The Americas Through A Multilateral Tax Treaty, Jeffrey Dunlop
Northwestern Journal of International Law & Business
At first glance, it does not appear that taxation issues facing the international athlete and developing free trade between North and South America are closely related; they represent very different aspects of cross-border transactions and investment. On the other hand, they may be related when viewed as sequential steps in the process toward developing sustained economic relationships. This article will attempt to bridge that gap. First, Part II of this article discusses the current United States approach toward taxation of international athletes. Next, Part III reviews the history and issues facing tax treaty negotiations between the United States and developing …
Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen
Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn
A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson
"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag
Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers
Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner
Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Trademark Dilution In Japan, Kenneth L. Port
Trademark Dilution In Japan, Kenneth L. Port
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman
Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A New Economics Of Trademarks, David W. Barnes
A New Economics Of Trademarks, David W. Barnes
Northwestern Journal of Technology and Intellectual Property
Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and are designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.
This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to …
Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range
Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy
Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev
A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen
Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Competition Law And Policy In Flux: The Developing Country Experience Symposium On Competition Law And Policy In Developing Countries: Introduction , David Van Zandt
Competition Law And Policy In Flux: The Developing Country Experience Symposium On Competition Law And Policy In Developing Countries: Introduction , David Van Zandt
Northwestern Journal of International Law & Business
This issue sheds light on the meaningful themes which are the driving forces in the global sphere of competition law and policy. It is also pertinent to note that the timing of this symposium is unique and coincides with the annual conference of the International Competition Network (ICN) to be held in South Africa in May 2006. The ICN is the only international body devoted exclusively to competition law enforcement and it consists of some ninety-four competition authorities from eighty-three countries. It has also become the premier international discussion forum on competition issues. With great pride, I invite you to …
Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett
Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett
Northwestern Journal of International Law & Business
This paper examines the conventional wisdom concerning competition advocacy, paying particular attention to the applicability of such wisdom to developing countries. The definition of competition advocacy, its evaluation, and the likelihood of its successful implementation are discussed in some detail. The paper concludes with a call for considerably more thought about what, hitherto, has been one of the relatively uncontroversial aspects of many competition authorities' activities.
Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra
Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra
Northwestern Journal of International Law & Business
Japan's New Merger Guidelines ("New Merger Guidelines"), issued by the Japan Fair Trade Commission ("JFTC") in May 2004, mark a turning point for antitrust in Japan. It is likely that Japan's New Merger Guidelines will be seen as a model for legal transplants in the future. Despite the similarities between Japan's New Merger Guidelines and the U.S. Horizontal Merger Guidelines ("U.S. Merger Guidelines"), Japan's New Merger Guidelines are unlikely to be a "success" in the same way that the U.S. Merger Guidelines have been a success since their adoption by the American competition agencies. Although Japan is far from a …
Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas
Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas
Northwestern Journal of International Law & Business
Adopting competition laws is part-and-parcel of a global trend. Indeed, it is striking to see how many countries first implemented competition laws within the last twenty-five years. In 2000, Frederic Jenny commented that "today between 80 and 100 countries have a competition law or are in the process of adopting one whereas ten years ago no more than 50 countries had such a law." This compares to less than ten countries in 1960. Promulgated by a Presidential Order on February 4, 1991 and coming into force one year thereafter, Taiwan's Fair Trade Act ("FTA") must be interpreted in this context. …
Development Of Competition Law In Vietnam In The Face Of Economic Reforms And Global Integration, The Symposium On Competition Law And Policy In Developing Countries, Alice Pham
Northwestern Journal of International Law & Business
This article examines the development of a competition regime in Vietnam, with all of the existing difficulties and problems. In the context of this socialist country, we examine the economic reform and integration process and the challenges of liberalization and globalization. Finally, we provide some thoughts for the future. Specifically, Section II addresses the emergence of Vietnam's competition law since the 1980's. Section III describes some of the key legal provisions of the Competition Law of Vietnam. Section IV evaluates the current challenges in the implementation of the Vietnam competition regime, while Section V proposes some recommendations.