Law Commons^™

Where Are The Active Citizens Of Tomorrow? We Need Them Now..., Margaret E. Piasecka

Theses: Doctorates and Masters

In 1997, Hindess labelled the gap between governments and citizens the democratic deficit. This gap, or deficit, has arisen over a long time period as a result of public scandals, perceptions of poor performance and poor economies. Local governments around the world are now attempting to regain community respect and support - the unstated mandate for governance - and seeking to implement government policies relating to concepts variously described as community engagement, capacity building, active citizenship or public/citizen participation. This thesis has identified a methodology for finding people who are motivated to act in the public interest in one local …

Expanding The Protection Of Geographical Indications Of Origin Under Trips: Old Debate Or New Opportunity, Irene Calboli

Research Collection Yong Pung How School Of Law

Geographical indications of origin (GIs), their definition, and rationale for protection have historically been the subjects of heated debates in the international community. Fierce defenders of GIs protection, European countries have traditionally advocated that GIs should not be used by unrelated parties because GIs identify the unique qualities, characteristics, and reputation of the products to which they are affixed. To this claim, the United States and other "new world" countries have generally responded by pointing out that many GIs are generic terms on their soil, and, thus, consumers could not be confused as to the origin of the products identified …

China’S Legal Battles In The Wto, Henry S. Gao

Research Collection Yong Pung How School Of Law

For many observers, a major practical question raised by China’saccession to the WTO is the following: Can the DSScopewithChina? On the one hand, there is alegalistic rule-based disputesettlement system, which has been regarded by some aS the“crown-jewel of the WTO” as well as “the most important

Interview With Michael Leathes, Nadja Alexander

Research Collection Yong Pung How School Of Law

Alexander: Can you describe your professional role and how it relates to international mediation?Leathes: I have been an in-house counsel for most of my 36-year career, including general counsel of Pfizer International and of International Distillers & Vintners and general manager of BAT’s intellectual propertycompany. In all these roles I have been responsible for litigation portfolios internationally—in total, thousands of cases. Before I figured out a better way, I’m certain that I must have been responsible for about as many losses as wins. Then, in the late 80s, I discovered mediation…A: And what happened?L: Together with the teams of people …

The Paradox Of Corruption As Antithesis To Economic Development: Does Corruption Undermine Economic Development In Indonesia And China, And Why Are The Experiences Different In Each Country?, Andrew White

Research Collection Yong Pung How School Of Law

The question of whether corruption is antithetical to economic development has been extensively researched and debated since the 1960s. While nearly all participants in the debate appear to agree that corruption ultimately is antithetical to long-term economic development, the extent to which it positively or negatively affects economic development in the short term depends upon highly contextual factors. In different countries and regions of the world, factors of local culture and history, the nature of the state, the type of corruption and actors involved, and the political responses and motivations to curtail corruption all inform the answer to this question. …

The Digital Vat (D-Vat), Richard Thompson Ainsworth

Faculty Scholarship

The most sustained U.S. tax policy debate of the past 30 years concerns proposals to replace and/ or supplement the Federal Income Tax with a consumption tax. Public finance economists and legal tax policy scholars challenged and defended the current income tax system on grounds of fairness, efficiency, and simplicity.

This debate over revamping the national taxing scheme has not been argued purely in the academic forum. Concrete legislative proposals have been advanced for a national retail sales tax, a European-style Value Added Tax, as well as a whole host of what David Bradford calls "the two-tiered consumption taxes."

From …

The Endorsement Court, Jay D. Wexler

Faculty Scholarship

Since 1986, when William H. Rehnquist was confirmed as the sixteenth Chief Justice of the United States, the Supreme Court has virtually rewritten the entire law regarding the First Amendment’s Religion Clauses. With respect to the Free Exercise Clause, the Court, in its 1990 Employment Division v. Smith decision, reversed years of jurisprudence and held that the First Amendment does not entitle religious believers to exemptions from neutral laws of general application. On the Establishment Clause side, the Court recently overturned a series of its earlier decisions on its way to creating a body of law quite amenable to the …

Risk Management, Ben J.M. Ale, Phil W.M. Brighton, Michael S. Baram

Faculty Scholarship

Risk management develops as the need arises. Usually after an accident people want “authorities” to do something. On the other hand, industry wants predictable behaviour of authorities to be able to judge the soundness of their investments. This led to an adaptive process involving many decision makers embedded in legal and cultural heritage. It was indeed as struggle to determine who should be responsible and how to have risk management done by competent party (i.e. (1) industry, (2) public (3) authorities).

Kitzmiller And The "Is It Science?" Question, Jay D. Wexler

Faculty Scholarship

When Judge John E. Jones, III, a United States District Court judge appointed by President George W. Bush, ruled that the Dover school board's intelligent design (ID) policy violated the Establishment Clause, ID opponents were ecstatic. They had good reason to be. The opinion was a comprehensive and complete victory for ID opponents. The decision held that the policy was an unconstitutional endorsement of religion when viewed both from a reasonable Dover student's perspective as well as from the perspective of a reasonable adult in the Dover community. It also held that the policy was adopted for a religious purpose, …

Foreword: Globe-Hopping Pharmaceuticals, Frances H. Miller

Faculty Scholarship

No abstract provided.

Learning While They Work: The Use Of Student Assistants In Two Academic Law Libraries, Ronald E. Wheeler, Stephanie Davidson

Faculty Scholarship

At the University of New Mexico School of Law Library (UNM), we are effectively using student assistants to help with the completion of faculty research projects. We find that the volume of faculty research that our library is able to complete is far greater due to the effective use of student assistants. During the calendar year 2005, our library completed over 500 research requests for the law school faculty. With only seven professional librarians, without student help, that volume of faculty research would probably not have been feasible.

Gendering The Gentrification Of Public Housing: Hope Vi's Disparate Impact On Lowest-Income African American Women, Danielle Pelfrey Duryea

Faculty Scholarship

HOPE VI must have seemed so promising. When, in 1992, the Department of Housing and Urban Development (HUD) introduced the program later dubbed "HOPE VI," replacing the country's worst public housing projects with mixed-income, mixed-use, low-density new developments while providing targeted social services to low-income residents must have seemed like a worthy pursuit indeed. America's most run-down, crime-ridden, and poverty-plagued residential properties could be transformed into "human-scale" New Urbanist streetscapes, aesthetically continuous with surrounding areas, that would inspire pride and community in their residents. Perhaps most importantly, HOPE VI's required social service component might have seemed, at last, to recognize …

Lawyers' Professionalism, Colonialism, State Formation And National Life In Nigeria, 1900-1960: 'The Fighting Brigade Of The People', Chidi Oguamanam, W. Wesley Pue

All Faculty Publications

This essay explores the role of the organized legal profession in relation to British Imperialism, state formation, and independence in Nigeria. Drawing on recent works in the fields of post-colonial legal studies and cultural histories of legal professions, the paper develops an understanding of lawyering and lawyers' associations as deeply implicated in the myriad cultural projects through which law simultaneously 'civilizes' provincials and mediates between centre and locale. The paper reviews new developments in theories of legal professionalism and surveys secondary literatures of lawyers in colonial processes. It assesses the historical processes linking imperialism, law, and lawyers from the establishment …

The Procedural Soft Law Of International Arbitration, William W. Park

Faculty Scholarship

The conference organizers set me the daunting task of exploring arbitration's “non-national instruments,” which is to say the guidelines of professional groups and non-governmental organizations related to evidence, conflicts of interest, ethics and the organization of arbitral proceedings. Frequently these procedural standards build on the lore of international dispute resolution as memorialized in articles, treatises and learned symposium papers. These guidelines represent what might be called “soft law,” in distinction to the harder norms imposed by arbitration statutes and treaties, as well as the procedural framework adopted by the parties through choice of pre-established arbitration rules.

The growth of procedural …

Consolidating Pharmaceutical Regulation Down Under: Policy Options And Practical Realities, Frances H. Miller

Faculty Scholarship

Pharmaceutical regulatory agencies struggle worldwide to maintain public trust these days. Drug safety issues proliferate,' the costs of lharmaceuticals take increasingly larger shares of most countries' health service spending, and conflicts of interest afflicting the drug approval and marketing processes capture more and more public attention. The Australian and New Zealand governments are keenly aware of these problems, and have been attempting to forge a regulatory alliance to combine their respective pharmaceutical regulatory agencies, Australia's Therapeutic Goods Administration (TGA) and New Zealand's Medicines and Medical Devices Safety Authority (Medsafe), into the pending Trans Tasman Therapeutic Products Authority (ANZTPA, or TPA). …

Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson

Scholarly Works

Even an adept negotiator can be baffled by cultural differences. When a negotiation reaches an impasse because of an unfamiliar cultural interest or a miscommunication between the parties due to different styles of communicating, negotiating, or decision-making, the negotiator might find it helpful to enlist assistance from a culturally-trained and culturally-appropriate mediator. This Article considers how such a third party can help you, as a negotiator, bridge cultural differences. It considers when to seek aid from a mediator, what the credentials of the mediator ought to be, and the impact of the mediator's approach on the way you represent your …

A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine

Scholarly Works

Levine examines the roles of legislative and judicial bodies, in the context of a discussion of broader principles of legislation in the Jewish legal system. In recent years, American legal scholars have increasingly looked to Jewish law as a model of an alternative legal system that considers many of the issues present in the American legal system. In relation to the roles of legislative and judicial bodies, the Jewish legal system provides a particularly illuminating contrast to the American legal system, in part because in Jewish law, the same authority, the Sanhedrin, or High Court, serves in both a legislative …

In Memoriam: Deborah Hecht, Jeffrey B. Morris

Scholarly Works

No abstract provided.

Judicial Misconduct In Criminal Cases: It’S Not Just The Counsel Who May Be Ineffective And Unprofessional, Richard Klein

Scholarly Works

No abstract provided.

Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein

Scholarly Works

No abstract provided.

The Willem C. Vis International Commercial Arbitration Moot: Making The Most Of An Extraordinary Educational Opportunity, Jack M. Graves, Stephanie A. Vaughan

Scholarly Works

No abstract provided.

New Urbanist Zoning For Dummies, Michael Lewyn

Scholarly Works

No abstract provided.

The Law Of Sprawl: A Road Map, Michael Lewyn

Scholarly Works

No abstract provided.

“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik

Scholarly Works

No abstract provided.

A Comparative Analysis Of The Jewish Law And The Secular Perspective On International Human Rights (Part Of The Article, “Human Rights In The Bible, An Exchange Of Ideas”)., Richard Klein, Chaim Povarsky

Scholarly Works

No abstract provided.

New York At A Crossroads: Sustaining A Government Reform Agenda On The Frontlines With Executive, Legislative And Judicial Reform Initiatives (Introduction To Symposium: Refinement Or Reinvention: The State Of Reform In New York), Patricia E. Salkin

Scholarly Works

No abstract provided.

Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips

Scholarly Works

The long recognized common-law privilege afforded to certain conversations between attorneys and their clients has been the subject of troubling opinions when the lawyer and client are high ranking government officials. In a series of opinions from the 7th, 8th and D.C. Circuit Courts of Appeals, the courts refused to recognize the existence of the attorney-client privilege for the government actors under the circumstances surrounding the cases. However, recent opinions from the 2nd Circuit state that these other courts were simply wrong, setting the stage perhaps, for the U.S. Supreme Court to resolve the issue. Whether this privilege is equally …

Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine

Scholarly Works

No abstract provided.

Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin

Scholarly Works

This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.

Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin

Scholarly Works

In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible“public use” under the Takings Clause of the Fifth Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain.This article surveys those state initiatives that have been signed into law following the Court’s decision in Kelo.