Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (6)
- Banking and Finance Law (3)
- Business Organizations Law (3)
- Housing Law (3)
- Intellectual Property Law (3)
-
- Jurisdiction (3)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Conflict of Laws (2)
- Environmental Law (2)
- Human Rights Law (2)
- Land Use Law (2)
- Law and Society (2)
- Litigation (2)
- Rule of Law (2)
- State and Local Government Law (2)
- Bankruptcy Law (1)
- Civil Law (1)
- Constitutional Law (1)
- Contracts (1)
- Courts (1)
- Criminal Procedure (1)
- Disability Law (1)
- Dispute Resolution and Arbitration (1)
- International Humanitarian Law (1)
- International Relations (1)
- International Trade Law (1)
- Internet Law (1)
- Law and Economics (1)
- Institution
-
- University of Michigan Law School (5)
- BLR (4)
- Georgetown University Law Center (2)
- University of New Mexico (2)
- American University Washington College of Law (1)
-
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- U.S. Naval War College (1)
- University of Cincinnati College of Law (1)
- University of Denver (1)
- University of Kentucky (1)
- University of Richmond (1)
- West Virginia University (1)
- Publication
-
- ExpressO (4)
- Michigan Journal of International Law (3)
- Governor Richardson's Task Force on Ethics Reform (2006) (2)
- American University Law Review (1)
- Articles by Maurer Faculty (1)
-
- Faculty Articles and Other Publications (1)
- Fordham Journal of Corporate & Financial Law (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Georgetown Law Historic Preservation Papers Series (1)
- Human Rights & Human Welfare (1)
- International Law Studies (1)
- Law Faculty Scholarly Articles (1)
- Michigan Law Review (1)
- Michigan Telecommunications & Technology Law Review (1)
- NYLS Law Review (1)
- Scholarly Works (1)
- University of Richmond Law Review (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 24 of 24
Full-Text Articles in Law
A Review Of Procedural And Jurisdictional Challenges In Enforcing International Human Rights Law Under The African Charter Regime, Morris K. Mbondenyi, Nixon Wanyama Sifuna
A Review Of Procedural And Jurisdictional Challenges In Enforcing International Human Rights Law Under The African Charter Regime, Morris K. Mbondenyi, Nixon Wanyama Sifuna
ExpressO
The interpretation and enforcement of international human rights law has tremendously evolved since the adoption of the African Charter on Human and Peoples’ Rights. The Charter introduced procedural and jurisdictional paradigms that have moulded this branch of law to resonate Africa’s context and values, by for instance, evolving concepts and approaches distinct from those of the other regions. While striving to achieve this, the Charter has also had to grapple with an avalanche of procedural and jurisdictional challenges. This Article highlights these challenges and proposes ways in which they can be surmounted. It proceeds on the premise that contrary to …
Intellectual Property Rights In Advertising, Lisa P. Ramsey
Intellectual Property Rights In Advertising, Lisa P. Ramsey
Michigan Telecommunications & Technology Law Review
Before the twentieth century, U.S. courts refused to protect copyright in advertisements. Until the middle of the twentieth century, advertising slogans generally were not registered or protected under U.S. trademark law. Today, firms can acquire copyright protection in advertising and there is no categorical rule against trademark registration or protection of slogans. This Article questions whether this extension of copyright protection to advertising and trademark protection to slogans has a satisfactory utilitarian justification[...] If it is too difficult to completely eliminate copyright protection of advertising, Congress should at least consider reducing such protection to increase the free flow of advertising …
Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment On U.S.A. V. Shield Development, Antonin I. Pribetic
Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment On U.S.A. V. Shield Development, Antonin I. Pribetic
ExpressO
Following the 2003 Supreme Court of Canada decision in Beals v. Saldanha, where the “real and substantial connection” test is otherwise met (i.e. consent-based jurisdiction, presence-based jurisdiction or assumed jurisdiction) the only available defences to a domestic defendant seeking to have a Canadian court refuse enforcement of a foreign judgment are fraud, public policy and natural justice. The 2005 Ontario decision in United States of America v. Shield Development Co., presents an opportunity to critically analyze the defence of natural justice through a juxtaposition of American and Canadian procedural law. The thesis is that procedural justice mandates that “form follow …
Shaffer's Footnote 36, Arístides Díaz-Perosa
Shaffer's Footnote 36, Arístides Díaz-Perosa
West Virginia Law Review
No abstract provided.
“Thinking Globally, Acting Locally”: Recent Trends In The Recognition And Enforcement Of Foreign Judgments In Canada, Antonin I. Pribetic
“Thinking Globally, Acting Locally”: Recent Trends In The Recognition And Enforcement Of Foreign Judgments In Canada, Antonin I. Pribetic
ExpressO
The continuing evolution of the “real and substantial connection” test for the recognition and enforcement of foreign judgments remains a topic of immediate interest. Since the landmark decision in Morguard Investments Ltd. v. De Savoye, and more recently in Beals v. Saldanha, Canadian jurisprudence for the recognition and enforcement of foreign judgments has been dominated by judicial and legislative unilateralism: the establishment of a domestically imposed standard (the lex fori) striving towards national uniformity informed by private international law (or conflict of laws) principles. While the “real and substantial connection” test for jurisdiction simpliciter provides a flexible analytical framework for …
Discussion Group Report: Prevention & Enforcement, Jim Noel, Stuart Bluestone, John Carey, Zachary Shandler
Discussion Group Report: Prevention & Enforcement, Jim Noel, Stuart Bluestone, John Carey, Zachary Shandler
Governor Richardson's Task Force on Ethics Reform (2006)
New Mexico has a mix of ethical canons and statutes, including the Government Conduct Act, the Procurement Code, Financial Disclosure Act, and others. The Judicial branch has its own code of conduct, as does the Legislative branch. The Government Conduct Act encourages Executive branch agencies to develop and maintain agency specific codes of conduct. It is important to note the distinction between ethical canons, which could result in administrative discipline or sanctions, and criminal/civil statutory provisions, violations of which can result in criminal fines, penalties, etc. This report provides a brief summary of the existing ethics laws, mechanisms for enforcement, …
Subcommittee Report On Campaign Finance, Andrew Montgomery, Barbara Brazil, Justin Miller, Jim Noel, Hilary Tompkins
Subcommittee Report On Campaign Finance, Andrew Montgomery, Barbara Brazil, Justin Miller, Jim Noel, Hilary Tompkins
Governor Richardson's Task Force on Ethics Reform (2006)
New Mexico is one of a minority of 13 states that do not limit most campaign contributions. The United States Supreme Court has recognized that such limits may serve a states compelling interest in preventing corruption and the appearance of corruption in the political process. The Supreme Court has also concluded that reasonable contribution limits do not violate the United States Constitution. This report details several options for the Task Force's consideration, as well as the subcommittee's recommendations. In the 2005 Campaign Disclosure Project — Grading State Disclosure Report, New Mexico received a grade of F for its campaign disclosure …
Enforcing The Law, John F. Murphy
Improving Historic Preservation Enforcement In The District Of Columbia, David J. Henry
Improving Historic Preservation Enforcement In The District Of Columbia, David J. Henry
Georgetown Law Historic Preservation Papers Series
Within the past few years, the creation of the Office of Administrative Hearings (OAH) has been an important change in the District of Columbia government. OAH is viewed by many as an innovative government agency that provides fair and impartial administrative adjudication for District agencies, with efficiency. However, since OAH began full operations in 2004, the effectiveness of historic preservation enforcement has actually decreased. The primary indicators of this are the fewer number of completed adjudications and the smaller amount of fines collected in the past year.
This paper is a policy paper. As such, the paper will identify problems …
Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm
Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm
University of Richmond Law Review
No abstract provided.
Attorneys As Gatekeepers: Sec Actions Against Lawyers In The Age Of Sarbanes-Oxley, Lewis D. Lowenfels, Alan R. Bromberg, Michael J. Sullivan
Attorneys As Gatekeepers: Sec Actions Against Lawyers In The Age Of Sarbanes-Oxley, Lewis D. Lowenfels, Alan R. Bromberg, Michael J. Sullivan
ExpressO
Following the enactment of the Sarbanes-Oxley Act on July 30, 2002, the Securities and Exchange Commission has substantially increased the number of actions it has initiated against lawyers. And a substantial number of these recent SEC actions against counsel to public companies (both internal and external) have highlighted the SEC’s resolve to hold lawyers accountable for not performing adequately their SEC-conceived role as “gatekeepers” to prevent fraud and other violations of the federal securities laws. This “gatekeeper” concept has been and is being implemented through SEC actions addressing a wide variety of alleged transgressions in a wide diversity of factual …
Case For A.U. (Accountable Universities): Enforcing University Administrator Fiduciary Duties Through Student Derivative Suits, Sarah R. Kusiak
Case For A.U. (Accountable Universities): Enforcing University Administrator Fiduciary Duties Through Student Derivative Suits, Sarah R. Kusiak
American University Law Review
This Comment examines issues of charitable fiduciary enforcement in the context of private universities. Part I reviews the law of charitable entities, the rationale behind attorney general charitable enforcement, and the failures of that enforcement regime. It also examines generally the private charitable enforcement options of special interest standing and nonprofit member derivative suits. Part II examines these issues in the context of the private university, and details why student attempts to enforce the fiduciary duties of university administrators under the special interest doctrine have failed. Part III argues for the judicial recognition of a university student derivative cause of …
Paper Dragon: Inadequate Protection Of Intellectual Property Rights In China, Omario Kanji
Paper Dragon: Inadequate Protection Of Intellectual Property Rights In China, Omario Kanji
Michigan Journal of International Law
This Note will explore the extent to which China is in violation of its obligations under TRIPs. Section I surveys the current state of IPR infringement in China. Section II analyzes relevant TRIPs provisions, case law, and treaties that supplement TRIPs provisions. Section III analyzes Chinese criminal law, the December 2004 Judicial Interpretation of Chinese criminal law, and Chinese IP law as they pertain to IPR infringement. Section IV outlines enforcement efforts in China against the backdrop of the law analyzed in the previous section. Section V evaluates these enforcement efforts given China's capabilities and obligations, and Section VI concludes …
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Michigan Journal of International Law
The first angle of this Article concerns the exclusivity of rights, which is the notion that a right has an exclusive boundary of ownership. The socialist system and traditional customary law in China gave only weak recognition to this concept, especially prior to China's move toward a market economy and the introduction of modern law. The second angle addresses the functionality of extralegal norms. Law reforms tend to be measured by the efficiency gains they produce, a process intensified by competition among systems. The third angle involves the ideological nature of the market-oriented development of law. The foreign enterprises and …
Contending Interventions: Coming To Terms With The Practice And Process Of Enforcing Compliance, Emilian Kavalski
Contending Interventions: Coming To Terms With The Practice And Process Of Enforcing Compliance, Emilian Kavalski
Human Rights & Human Welfare
A review of:
The Purpose of Intervention: Changing Beliefs about the Use of Force by Martha Finnemore. Ithaca, NY: Cornell University Press, 2004. 174pp.
and
International Intervention in the Post-Cold War World: Moral Responsibility and Power Politics edited by Michael C. Davis, Wolfgang Dietrich, Bettina Scholdan, and Dieter Sepp. Armonk, NY: M. E. Sharpe, 2004. 332pp.
International Treaty Enforcement As A Public Good: Institutional Deterrent Sanctions In International Environmental Agreements, Tseming Yang
International Treaty Enforcement As A Public Good: Institutional Deterrent Sanctions In International Environmental Agreements, Tseming Yang
Michigan Journal of International Law
This Article approaches the issues through the lens of two general questions. First, what are the functions of treaty enforcement and institutional deterrent sanctions? Second, what are the obstacles to the effective deployment of institutional deterrent sanctions in response to noncompliance? This Article elaborates on the instrumental purposes of enforcement as well as its independent normative function. Much of the analysis follows the recent stream of works that combines both international law and international relations theory. These works offer a rich understanding of the conduct of states and the functioning of international legal regimes.
Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin
Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin
Scholarly Works
This article examines the Code of Ethics and Professional Conduct of the American Institute of Certified Planners (AICP). Only two states, Michigan and New Jersey, license planners as a profession. This makes ability for planners to achieve certification from the AICP important and raises the prominence of the AICP Code of Ethics, since as a condition of membership, each AICP member agrees to abide by the Code.
Chip Away At The Stone: The Validity Of Pre-Bankruptcy Clauses Contracting Around Section 363 Of The Bankruptcy Code, Matthew P. Goren
Chip Away At The Stone: The Validity Of Pre-Bankruptcy Clauses Contracting Around Section 363 Of The Bankruptcy Code, Matthew P. Goren
NYLS Law Review
No abstract provided.
Barriers To Accessible Housing: Enforcement Issues In “Design And Construction” Cases Under The Fair Housing Act, Robert G. Schwemm
Barriers To Accessible Housing: Enforcement Issues In “Design And Construction” Cases Under The Fair Housing Act, Robert G. Schwemm
Law Faculty Scholarly Articles
In the Fair Housing Amendments Act of 1988 (“FHAA”), Congress added “handicap” to the bases of discrimination outlawed by the federal Fair Housing Act (“FHA”) and also enacted three special provisions to further insure equal housing opportunity for persons with disabilities. One of these special provisions—§ 3604(f)(3)(C) —mandates that all new multi-family housing be designed and constructed with seven specified accessibility features.
Despite the accessibility requirements of § 3604(f)(3)(C)—and similar requirements in scores of state and local fair housing laws—a great deal of the multi-family housing built since §3604(f)(3)(C) became effective has failed to include the features mandated by this …
Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin
Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin
Michigan Law Review
Thanks to the vision of Omri Ben-Shahar and the excellence of the scholars contributing to this symposium, students of the law of commercial exchange transactions will now understand how important and interesting, and indeed exciting, boilerplate really is. The various presentations are so rich that my assigned task of commentary cannot approach an adequate summation. Instead of attempting such a task, therefore, I will take up a slightly different one. My commentary will relate some of the ideas presented in the symposium to two themes that I think are significant for the groundwork of contract today: the growing modularity of …
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Articles by Maurer Faculty
The Due Process Clause with its focus on a defendant's liberty interest has become the key, if not only, limitation on a court's exercise of personal jurisdiction. This due process jurisdictional limitation is universally assumed to apply with equal force to alien defendants as to domestic defendants. With few exceptions, scholars do not distinguish between the two. Neither do the courts. Countless cases assume that foreigners have all the rights of United States citizens to object to extraterritorial assertions of personal jurisdiction.
But is this assumption sound? This Article explores the uncritical assumption that the same due process considerations apply …
The Political Dynamics Of Corporate Legislation: Lessons From Israel, Yael T. Ben-Zion
The Political Dynamics Of Corporate Legislation: Lessons From Israel, Yael T. Ben-Zion
Fordham Journal of Corporate & Financial Law
No abstract provided.
Noncompliance And The International Rule Of Law, Jacob Katz Cogan
Noncompliance And The International Rule Of Law, Jacob Katz Cogan
Faculty Articles and Other Publications
Though it is said that compliance with international law is high, the international system contains few legislative, judicial, or executive processes analogous to those of States, and, consequently, the system's ability to self-correct and self-enforce is much more limited, creating gaps between aspiration and authority, procedures and policy. This Essay contends that noncompliance - particularly operational noncompliance - is a necessary component of less capable legal systems, such as international law. Though compliance, of course, is and should be the norm, those who discount operational noncompliance disregard the tension, which is acute in the international arena, between the necessity in …
Pervasively Distributed Copyright Enforcement, Julie E. Cohen
Pervasively Distributed Copyright Enforcement, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
In an effort to control flows of unauthorized information, the major copyright industries are pursuing a range of strategies designed to distribute copyright enforcement functions across a wide range of actors and to embed these functions within communications networks, protocols, and devices. Some of these strategies have received considerable academic and public scrutiny, but much less attention has been paid to the ways in which all of them overlap and intersect with one another. This article offers a framework for theorizing this process. The distributed extension of intellectual property enforcement into private spaces and throughout communications networks can be understood …