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2007

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Articles 1111 - 1140 of 10557

Full-Text Articles in Law

International Human Rights Law In Investment Arbitration: Evidence Of International Law’S Unity, James D. Fry Oct 2007

International Human Rights Law In Investment Arbitration: Evidence Of International Law’S Unity, James D. Fry

Duke Journal of Comparative & International Law

No abstract provided.


Great Lakes, Weak Policy: The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement And Compact And Non-Regulation Of The Water "Products" Industry, Lauren Petrash Oct 2007

Great Lakes, Weak Policy: The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement And Compact And Non-Regulation Of The Water "Products" Industry, Lauren Petrash

University of Miami Inter-American Law Review

No abstract provided.


Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandra B. Zellmer, Christine A. Klein Oct 2007

Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandra B. Zellmer, Christine A. Klein

Faculty Law Review Articles

In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a "manmade" disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This Article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …


Envisioning The Constitution , Thomas P. Crocker Oct 2007

Envisioning The Constitution , Thomas P. Crocker

American University Law Review

If one of the more persistent problems of constitutional interpretation, particularly of the Bill of Rights, is that we lack a clear view of it, then it would appear that how we see the Constitution is as important as how we read it. What clauses we see as connected in order to form comprehensive values, such as federalism or rights protections, are not so much products of constitutional interpretation as constitutional vision. To obtain a view of the Constitution, we have to do more than derive semantic meaning from diverse articles and clauses. To have a vision of the Constitution …


Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate Oct 2007

Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate

American University Law Review

No abstract provided.


Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel Oct 2007

Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel

Dalhousie Law Journal

The author examines various approaches adopted by government to balance the state's interest in promoting the timely and efficient exploration and development of oil and gas resources under state jurisdiction and industry's need for legal regimes providingsecurityoftenure and other conditions necessary for commercial success. In particular, the paper considers fallow field initiatives adopted by the United Kingdom in respect of the North Sea and their possible application to government's management of oil and gas resources in the Canadian east coast offshore areas, addressing applicable policy considerations, the legislative history of the statutory frameworks in place, and relatedjurisprudence.


Anatomy Of A Liquefied Natural Gas Receiving Terminal In Atlantic Canada-An Overview Of The Legal And Regulatory Hurdles, A David Seely, Alexander Macdonald Oct 2007

Anatomy Of A Liquefied Natural Gas Receiving Terminal In Atlantic Canada-An Overview Of The Legal And Regulatory Hurdles, A David Seely, Alexander Macdonald

Dalhousie Law Journal

A new industry is developing in Canada due to recent studies indicating that demand for liquefied natural gas (LNG) supply in Canada and the U.S. is on the rise. As a result, the construction stage has begun for a number of proposed LNG receiving terminals in and around Atlantic Canada. The authors provide an overview of the current issues facing these LNG projects, such as their impact on fisheries, the environment, and Aboriginal rights. They discuss the regulatory framework governing these areas, the due diligence required to identify and address areas of concern, some commercial issues and safety and security …


The Accord Acts Twenty Years Later, Shawn Denstedt, R J. Thrasher Oct 2007

The Accord Acts Twenty Years Later, Shawn Denstedt, R J. Thrasher

Dalhousie Law Journal

The authors examine key provisions of the Accord Acts and the experience with them to date, and make comparisons with other jurisdictions. They address regulatory issues, such as the resource conservation powers of the Boards, the relationship between the Boards and other agencies, and the relative success of regulation streamlining efforts. Finally,they consider exploration and development matters and commercial issues such as flow-testing of exploration wells, benefits, royalty agreements, Board guidelines, disclosure of information, and conditions or requirements attached by the Boards to authorizations.


Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg Oct 2007

Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Faculty Scholarship

The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results …


Misadventures Into Corporate Prosecutions After The Holder, Thompson, And Mcnulty Memoranda, Valerie Figueredo Oct 2007

Misadventures Into Corporate Prosecutions After The Holder, Thompson, And Mcnulty Memoranda, Valerie Figueredo

University of Dayton Law Review

No abstract provided.


A Prescription To Retire The Rhetoric Of "Principles-Based Systems" In Corporate Law, Securities Regulation, And Accounting, Lawrence A. Cunningham Oct 2007

A Prescription To Retire The Rhetoric Of "Principles-Based Systems" In Corporate Law, Securities Regulation, And Accounting, Lawrence A. Cunningham

Vanderbilt Law Review

This Article corrects widespread misconception about whether complex regulatory systems can be described fairly as either "rules-based" or "principles-based" (also called "standards-based'). Promiscuous use of these labels has proliferated in the years since the implosion of Enron Corp. Users show an increasing habit of celebrating systems dubbed principles-based and scorning those called rules-based. While the concepts of rules and principles (or standards) are useful to classify individual provisions, they are not scalable to the level of complex regulatory systems. The Article uses examples from corporate law, securities regulation, and accounting to illustrate this problematic phenomenon. To describe or design systems …


Ruling Out The Rule Of Law, Kim Forde-Mazrui Oct 2007

Ruling Out The Rule Of Law, Kim Forde-Mazrui

Vanderbilt Law Review

Although criminal justice scholars continue to debate the overall value of the void-for-vagueness doctrine, broad consensus prevails that requiring crimes to be defined in specific terms reduces law enforcement discretion. A few scholars have questioned this assumption, but the conventional view remains dominant. This Article intends to resolve the question whether the void-for-vagueness doctrine really reduces police discretion. It focuses on traffic enforcement, a context in which laws are both specific and subject to discretionary enforcement. The Article concludes that specific rules do not constrain discretion unless judicial limits are placed either on the scope of activities that may be …


The Digital Titanic: The Sinking Of Youtube.Com In The Dmca's Safe Harbor, Trevor Cloak Oct 2007

The Digital Titanic: The Sinking Of Youtube.Com In The Dmca's Safe Harbor, Trevor Cloak

Vanderbilt Law Review

In today's technologically advanced world, video-sharing Internet sites ("VSIs"), such as Grouper.com, Bolt.com, and YouTube.com, provide free, unfettered access to clips of your favorite television shows and artistic performances, from Animaniacs to ZZ Top. With movie clips viewed over 100 million times each day, YouTube is the behemoth of these sites5-a major accomplishment considering the site entered the video-sharing market in May 2005. Two friends, Steve S. Chen and Chad Hurly, created YouTube after they experienced difficulty posting a video online. Taking advantage of online blogging's popularity, the two distinguished their site by coupling quick and easy video posting with …


Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman Oct 2007

Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman

Dalhousie Law Journal

The authors explore the recent developments in Aboriginal law and their implications for the petroleum industry in Atlantic Canada. To set the stage, they provide a brief historical overview of Aboriginal settlement and land-use in the region, followed by a brief review of the petroleum industry's development in Atlantic Canada. After examining the state of the jurisprudence relating to Aboriginal rights generally,the authors turn to the current state of aboriginalrights, rights claims, and consultation obligations in the Atlantic Canadian context. The impact of the current state of the law on the petroleum industry is then analyzed and future trends outlined.


Regulatory Issues Concerning Encana's Deep Panuke Project, Robert G. Grant Oct 2007

Regulatory Issues Concerning Encana's Deep Panuke Project, Robert G. Grant

Dalhousie Law Journal

EnCana is proposing to develop the second gas producing project in the Scotian Shelf, the Deep Panuke Project. The author examines modifications to the Project from that initially proposed in 2002, the use of the previously approved Comprehensive Study Report, and the procedure for public review and approval. The author will also discuss major issues identified during the public hearing, held before a member of the NEB and the Commissioner appointed by the C-NSOPB, including EnCana's alternative options for carrying out the project, consultation with the Aboriginal communities, Canada-Nova Scotia benefits matters, consultation and engagement with the fishing industry, and …


The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick Oct 2007

The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick

Dalhousie Law Journal

The authors review the common law, common contractual language and statutory law relating to the confidentiality of seismic information. The extent of the rights of the Canada-Newfoundland and Labrador and Canada-Nova Scotia Offshore Petroleum Boards to receive, use and make seismic data public is considered in light of freedom of information and protection of privacy legislation. The authors discuss the different treatment of specified user and speculative seismic data, and explore copyright.


Endless Emergency: The Case Of Egypt, Sadiq Reza Oct 2007

Endless Emergency: The Case Of Egypt, Sadiq Reza

Faculty Scholarship

The Arab Republic of Egypt has been in a declared state of emergency continuously since 1981 and for all but three of the past fifty years. Emergency powers, military courts, and other exceptional powers are governed by longstanding statutes in Egypt and authorized by the constitution, and their use is a prominent feature of everyday rule there today. This essay presents Egypt as a case study in what is essentially permanent governance by emergency rule and other exceptional measures. It summarizes the history and framework of emergency rule in Egypt, discusses the apparent purposes and consequences of that rule, mentions …


Reflections On Remedies And Philip Morris V. Williams, Keith N. Hylton Oct 2007

Reflections On Remedies And Philip Morris V. Williams, Keith N. Hylton

Faculty Scholarship

This essay is a series of reflections on the implications of Philip Morris for the tort reform movement, a movement for which I share considerable sympathy. First, I offer an ideal approach to punitive damages-based on my amicus brief in Philip Morris-and apply that approach to the case. I make an effort to find a middle ground between the positions of the plaintiff and defendant because, in any case that reaches the Supreme Court, one will find persuasive arguments to be made on both sides. That middle ground involves largely returning to the Supreme Court's pre-Gore treatment of punitive …


A Measure Of Harmony: The Orchestration Of Rule 32(H) With The “Discordant Symphony” Of Booker, Leeann Rosnick Oct 2007

A Measure Of Harmony: The Orchestration Of Rule 32(H) With The “Discordant Symphony” Of Booker, Leeann Rosnick

Duke Law Journal

Sentencing in the post-Booker world presents a variety of challenges and uncertainties for the courts, Congress, and the general public. This Note examines one such challenge, considering the difficulties surrounding Federal Rule of Criminal Procedure 32(h) in light of Booker. The Note develops the history of both Rule 32(h) and the Booker decision, analyzes changes and suggested amendments to Rule 32(h), and concludes that the conflict between Rule 32(h) and Booker can be easily resolved with slight alterations to the language of Rule 32(h).


Journal Staff Oct 2007

Journal Staff

Duke Law Journal

No abstract provided.


Title Vii’S Protection Against Pay Discrimination: The Impact Of Ledbetter V. Goodyear Tire & Rubber Co., Deborah L. Brake, Joanna L. Grossman Oct 2007

Title Vii’S Protection Against Pay Discrimination: The Impact Of Ledbetter V. Goodyear Tire & Rubber Co., Deborah L. Brake, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

In one of its most controversial decisions in years, the Supreme Court in May issued a 5-4 ruling in Ledbetter v. Goodyear Tire & Rubber Co. that severely undercuts the ability of pay discrimination victims to enforce their rights under Title VII, the main federal anti-employment-discrimination statute. In its decision, the Court applied the statute of limitations in a way that ignored the realities of both pay discrimination claims, specifically, and workplace bias more generally. In so doing, it imposed an obstacle that will gravely inhibit the ability of bona fide discrimination victims to assert their rights. This article will …


Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen Oct 2007

Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen

University of Miami Inter-American Law Review

No abstract provided.


Preserving Civil Liberties In An Age Of Global Terror: International Perspectives, Arthur Chaskalson Oct 2007

Preserving Civil Liberties In An Age Of Global Terror: International Perspectives, Arthur Chaskalson

Cardozo Law Review

No abstract provided.


Review And Oversight Of National Security Activities And Some Reflections On Canada's Arar Inquiry, Kent Roach Oct 2007

Review And Oversight Of National Security Activities And Some Reflections On Canada's Arar Inquiry, Kent Roach

Cardozo Law Review

No abstract provided.


Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig Oct 2007

Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig

Cardozo Law Review

No abstract provided.


Table Of Contents - Cardozo Law Review, Volume 29, Issue 1 Oct 2007

Table Of Contents - Cardozo Law Review, Volume 29, Issue 1

Cardozo Law Review

No abstract provided.


Response To Reviewers, Philip Heymann Oct 2007

Response To Reviewers, Philip Heymann

Cardozo Law Review

No abstract provided.


Information Collection Based On New Technologies: Comments On Protecting Liberty In An Age Of Terror, Olivier Dutheillet De Lamothe Oct 2007

Information Collection Based On New Technologies: Comments On Protecting Liberty In An Age Of Terror, Olivier Dutheillet De Lamothe

Cardozo Law Review

No abstract provided.


The Concept Of Critical Mass In Legal Discourse, Adeno Addis Oct 2007

The Concept Of Critical Mass In Legal Discourse, Adeno Addis

Cardozo Law Review

No abstract provided.


Terrorism And The State: Limits Of Self-Protection (The Parameters Of Internet (Runet) Regulation), A. N. Medushevsky Oct 2007

Terrorism And The State: Limits Of Self-Protection (The Parameters Of Internet (Runet) Regulation), A. N. Medushevsky

Cardozo Law Review

No abstract provided.