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2006

Northwestern Pritzker School of Law

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Articles 31 - 60 of 79

Full-Text Articles in Law

The Crime Of Associating With Criminals - An Argument For Extending The Reves Operation Or Management Test To Rico Conspiracy, Sarah Baumgartel Jan 2006

The Crime Of Associating With Criminals - An Argument For Extending The Reves Operation Or Management Test To Rico Conspiracy, Sarah Baumgartel

Journal of Criminal Law and Criminology

No abstract provided.


The Constitutional Right To Travel: Are Some Forms Of Transportation More Equal Than Others?, Timothy Baldwin Jan 2006

The Constitutional Right To Travel: Are Some Forms Of Transportation More Equal Than Others?, Timothy Baldwin

Northwestern Journal of Law & Social Policy

No abstract provided.


Relocating From The Distress Of Chicago Public Housing To The Difficulties Of The Private Market: How The Move Threatens To Push Families Away From Opportunity, Molly Thompson Jan 2006

Relocating From The Distress Of Chicago Public Housing To The Difficulties Of The Private Market: How The Move Threatens To Push Families Away From Opportunity, Molly Thompson

Northwestern Journal of Law & Social Policy

No abstract provided.


Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

"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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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.