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2008

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Articles 2251 - 2280 of 10761

Full-Text Articles in Law

The Human Rights Council: A Failure In Global Governance, Eric K. Leonard Jun 2008

The Human Rights Council: A Failure In Global Governance, Eric K. Leonard

Human Rights & Human Welfare

“The UN and Human Rights: A Screaming Start,” makes several valid points of concern in regards to the recently formed Human Rights Council. As the article stipulates, in many ways the Council does not look radically different from its predecessor, the Human Rights Commission, in that it fails to provide membership regulations that would keep “not free” states of the Council (with only twenty-three out of forty-seven states defined as free) and it lacks the clout in the political hierarchy to truly accomplish anything of substance. However, the article does point out that the one mechanism that could prove useful …

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The Myth Of Membership: Reforming The U.N. Human Rights Council, Sonia Cardenas Jun 2008

The Myth Of Membership: Reforming The U.N. Human Rights Council, Sonia Cardenas

Human Rights & Human Welfare

The purportedly new-and-improved Human Rights Council is, by most accounts, failing to live up to its promise. Critics accuse the Council of following in the footsteps of its predecessor the U.N. Human Rights Commission because it permits rights abusers among its ranks and it focuses overwhelmingly on Israel. The dominant assumption, articulated by the United States, is that this is a problem of membership; more stringent criteria would result in a less biased body. This, however, is wishful thinking. Changing the rules of membership would only substitute one set of biases for another. A productive dialogue about reforming the Human …

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Reading Vico For The School Of Law, Willem J. Witteveen Jun 2008

Reading Vico For The School Of Law, Willem J. Witteveen

Chicago-Kent Law Review

In his oration On the Study Methods of Our Time, Giambattista Vico conceived of the jurist as a person well schooled in law and in rhetoric, able to perform as an orator and a statesman. This ideal contrasts markedly with the modern conception of the lawyer as primarily a rule-technician and a judge. Studying the educational program unfolded by Vico, it becomes apparent that the arts and sciences of oratory, law and philosophy for him converge in the role model of the prudent legislator. This role model has become virtually meaningless in the culture of modem law through an …

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Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky Jun 2008

Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli Jun 2008

Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Application Of Rfra To Override Employment Nondiscrimination Clauses Embedded In Federal Social Services Programs, Carl H. Esbeck Jun 2008

The Application Of Rfra To Override Employment Nondiscrimination Clauses Embedded In Federal Social Services Programs, Carl H. Esbeck

Faculty Publications

General federal employment nondiscrimination legislation permits religious organizations to take religion into account when making employment decisions. However, some federal social service programs have embedded in their authorizing legislation a nondiscrimination clause binding on recipients of program grants. And a few of these embedded clauses require that grantees (including religious grantees) not discriminate in employment on the basis of religion. This extended essay demonstrates how the Religious Freedom Restoration Act of 1993 overrides these employment nondiscrimination clauses when applied to faith-based social service grantees. Not only is this the conclusion of the U.S. Department of Justice in its policy announced …

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Rhetoric And Its Abuses: How To Oppose Liberal Democracy While Speaking Its Language, Guy Haarscher Jun 2008

Rhetoric And Its Abuses: How To Oppose Liberal Democracy While Speaking Its Language, Guy Haarscher

Chicago-Kent Law Review

I try to analyze the rhetoric that is being used in contemporary debates concerning the defense of the values of liberal democracy. My main point is the following: nowadays, human rights and liberal democracy constitute, as it were, the fundamental values of the political sphere. But, as we know, people very often only pay lip service to these political values. Schematically speaking, there are two opposed ways of trying to evade the constraints of human rights and the values of liberal democracy. I shall call the first one the "frontal attack": the "enemy" explicitly defends values that are radically at …

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Impala V. Commission: Changing The Tune Of European Competition Law, Elena Vranas-Liveris Jun 2008

Impala V. Commission: Changing The Tune Of European Competition Law, Elena Vranas-Liveris

Chicago-Kent Law Review

On July 13, 2006, the European Union's Court of First Instance made history in Impala v. Commission, a case which annulled the 2004 decision of the European Commission that cleared the merger between music industry majors Sony and Bertelsmann AG. This was the first time that the Court of First Instance reversed a Commission merger clearance decision. This comment examines the case's internal ramifications for the EU, as well as global ramifications for merger control law generally. This comment concludes that Impala marks a major structural change within the EU. By establishing itself as an authority in competition law, …

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Depoliticizing Administrative Law, Cass R. Sunstein, Thomas J. Miles Jun 2008

Depoliticizing Administrative Law, Cass R. Sunstein, Thomas J. Miles

Coase-Sandor Institute for Law & Economics Research Paper Series

A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized, in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than conservative ones, while Democratic appointees are significantly more likely to invalidate conservative agency decisions than liberal ones. These results hold for both (a) judicial review of agency interpretations of law and (b) judicial review of agency decisions for "arbitrariness" on questions of policy and fact. On the federal courts of appeals, the most highly politicized voting patterns are found on unified panels, that is, on panels consisting solely …

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Scienter Disclosure, Karl Muller, Alan Jagolinzer, M. Todd Henderson Jun 2008

Scienter Disclosure, Karl Muller, Alan Jagolinzer, M. Todd Henderson

Coase-Sandor Institute for Law & Economics Research Paper Series

This study examines implications of "scienter disclosure" through an analysis of voluntary disclosures regarding insiders' Rule 10b5-1 trading plans. Prior theory suggests that disclosing informed traders' intent to trade is not strategically advantageous, but this theory does not account for litigation risk reduction resulting from disclosure. Legal precedent regarding Rule 10b5-1 affords legal risk reduction to disclosure, therefore voluntary disclosure offers an interesting theoretical test. Evidence indicates that Rule 10b5-1 disclosure increases with firm litigation risk and insider strategic trade potential. Evidence also indicates that Rule 10b5-1 disclosure is associated with greater abnormal returns to insiders' trades, especially for firms …

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Should Oscar Run?, Peter Charlish, Dr. Stephen Riley Jun 2008

Should Oscar Run?, Peter Charlish, Dr. Stephen Riley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer Jun 2008

Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer

Faculty and Staff Scholarship

While theoretical justifications predict that a judge’s gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support criminal …

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Constitutional Precedent Viewed Through The Lens Of Hartian Positivist Jurisprudence, Richard H. Fallon Jr. Jun 2008

Constitutional Precedent Viewed Through The Lens Of Hartian Positivist Jurisprudence, Richard H. Fallon Jr.

North Carolina Law Review

No abstract provided.

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Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins Jun 2008

Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins

North Carolina Law Review

No abstract provided.

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Summary Jury Trials In Charleston County, South Carolina, Steven Croley Jun 2008

Summary Jury Trials In Charleston County, South Carolina, Steven Croley

Loyola of Los Angeles Law Review

No abstract provided.

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Exploded Dream: Desegregation In The Memphis City Schools, Daniel Kiel Jun 2008

Exploded Dream: Desegregation In The Memphis City Schools, Daniel Kiel

Minnesota Journal of Law & Inequality

No abstract provided.

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Fair Trials - The Manual For Military Commissions In Light Of Common Article 3 And Other International Law, David Weissbrodt, Andrea W. Templton Jun 2008

Fair Trials - The Manual For Military Commissions In Light Of Common Article 3 And Other International Law, David Weissbrodt, Andrea W. Templton

Minnesota Journal of Law & Inequality

No abstract provided.

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The Anatomy Of Grey: A Theory Of Interracial Convergence, Kevin Noble Maillard, Janis L. Mcdonald Jun 2008

The Anatomy Of Grey: A Theory Of Interracial Convergence, Kevin Noble Maillard, Janis L. Mcdonald

Minnesota Journal of Law & Inequality

No abstract provided.

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Discrimination Lurking On The Brooks: Examining The Constitutionality Of The Minneapolis Lurking Ordinance, Vanessa Wheeler Jun 2008

Discrimination Lurking On The Brooks: Examining The Constitutionality Of The Minneapolis Lurking Ordinance, Vanessa Wheeler

Minnesota Journal of Law & Inequality

No abstract provided.

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Masthead Vol. 26, Issue 2, Law & Inequality Editorial Board Jun 2008

Masthead Vol. 26, Issue 2, Law & Inequality Editorial Board

Minnesota Journal of Law & Inequality

No abstract provided.

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Is That All There Is? "The Problem" In Court-Oriented Mediation, Leonard L. Riskin, Nancy A. Welsh Jun 2008

Is That All There Is? "The Problem" In Court-Oriented Mediation, Leonard L. Riskin, Nancy A. Welsh

UF Law Faculty Publications

The alternative process of mediation is now well-institutionalized and widely (though not universally) perceived to save time and money and satisfy lawyers and parties. However, the process has failed to meet important aspirations of its early proponents and certain expectations and needs of one-shot players. In particular, court-oriented mediation now reflects the dominance and preferences of lawyers and insurance claims adjusters. These repeat players understand the problem to be addressed in personal injury, employment, contract, medical malpractice and other ordinary civil non-family disputes as a matter of merits assessment and litigation risk analysis. Mediation is structured so that litigation issues …

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The Evolution Of “Fred”: Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein Jun 2008

The Evolution Of “Fred”: Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein

UF Law Faculty Publications

This Article integrates a discussion of current family responsibilities discrimination ("FRD") case law with a discussion of the single most important recent development in the field: the U.S. Equal Employment Opportunity Commission’s ("EEOC") 2007 issuance of Enforcement Guidance on caregiver discrimination. The Guidance concretely informs the public about what constitutes unlawful discrimination against caregivers under Title VII and the Americans with Disabilities Act. Specifically, the Guidance crystallizes two key holdings from case law in regard to Title VII disparate treatment claims brought by caregivers: (1) where plaintiffs have evidence of gender stereotyping, they can make out a prima facie case …

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Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo Jun 2008

Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo

UF Law Faculty Publications

To illustrate how legal scholars, lawmakers, environmental agencies, and practicing lawyers have attempted to incorporate new scientific developments into environmental law, particularly in the administrative context, this Article traces the journeys of three distinct scientific developments -- risk assessment, adaptive management, and emergy synthesis -- from scientific academia to environmental administrative law. The Article concludes by making observations about what types of scientific developments are most likely to be incorporated into the law and suggesting ways for improving the likelihood that new beneficial developments will be adopted to inform the law.

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Editor's Note, Matthew D. Lawless Jun 2008

Editor's Note, Matthew D. Lawless

Federal Communications Law Journal

No abstract provided.

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Performing Art: National Endowment For The Arts V. Finley, Randall P. Bezanson Jun 2008

Performing Art: National Endowment For The Arts V. Finley, Randall P. Bezanson

Federal Communications Law Journal

In this modified version of a chapter in his forthcoming book, ART AND FREEDOM OF SPEECH (Univ. of Illinois Press, 2008-09), Professor Bezanson begins to probe the nature of art and its relation to the first amendment free speech guarantee. The essay uses the Finley v. NEA case, and specifically its discussion of Finley's performance art, to critique the Supreme Court's very approach to the Finley case, and to view the issues from the perspective of art, artistic freedom, and the Supreme Court's role in fashioning constitutional protection for art as art, and not simply as cognitive speech.

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Antitrust Language Barriers: First Amendment Constraints On Defining An Antitrust Market By A Broadcast's Language, And Its Implications For Audiences, Competition, And Democracy, Catherine J.K. Sandoval Jun 2008

Antitrust Language Barriers: First Amendment Constraints On Defining An Antitrust Market By A Broadcast's Language, And Its Implications For Audiences, Competition, And Democracy, Catherine J.K. Sandoval

Federal Communications Law Journal

This Article explores whether the language of a broadcaster's program appropriately defines an antitrust market, consistent with First Amendment and antitrust principles. In its evaluation of the 2008 private equity buyout of Clear Channel Communications, the Department of Justice ("DOJ") defined the antitrust market by the language of the broadcast, as it had done for the 2003 merger of Univision and Hispanic Broadcasting Corporation. This Article uses social science research on Spanish and English-language radio and television to evaluate that decision. It argues that the distinct content and messages that characterize Spanish and English-language programming show that market definition is …

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The Terrorist Is A Star!: Regulating Media Coverage Of Publicity-Seeking Crimes, Michelle Ward Ghetti Jun 2008

The Terrorist Is A Star!: Regulating Media Coverage Of Publicity-Seeking Crimes, Michelle Ward Ghetti

Federal Communications Law Journal

Publicity-seeking crimes, including terrorism, almost by definition depend on the media for their effectiveness. Twenty-five years ago, when the bulk of this article was written, critics both within and outside the news industry had begun to voice an awareness, if not a concern, for the ease with which such criminals obtained publicity on both a national and international platform and it looked as if something might be done within the media establishments to thwart this manipulation of the press. Today, it is possible to look back and see that, in fact, nothing has been done and, so, individuals such as …

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The Politics Of Competition: Review Of Clifford Winston's Government Failure Versus Market Failure: Microeconomics Policy Research And Government Performance And Mark K. Landy, Martin A. Levin & Martin Shapiro, Eds., Creating Competitive Markets: The Politics Of Regulatory Reform, Russell P. Hanser Jun 2008

The Politics Of Competition: Review Of Clifford Winston's Government Failure Versus Market Failure: Microeconomics Policy Research And Government Performance And Mark K. Landy, Martin A. Levin & Martin Shapiro, Eds., Creating Competitive Markets: The Politics Of Regulatory Reform, Russell P. Hanser

Federal Communications Law Journal

Two recent books focus attention on the role of regulation in the modem economy and the reasons why efforts at deregulation succeed or fail. Clifford Winston's Government Failure Versus Market Failure: Microeconomics Policy Research and Government Performance reviews empirical studies of regulation and its alternatives, arguing that economic regulation has quite often done more harm than good. In Creating Competitive Markets: The Politics of Regulatory Reform, editors Mark K. Landy, Martin A. Levin and Martin Shapiro collect essays addressing the political dangers faced by those pursuing market liberalization, both before and (especially) after reform is enacted. Read together, these books …

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Masthead Vol.60 No.3 (2008) Jun 2008

Masthead Vol.60 No.3 (2008)

Federal Communications Law Journal

No abstract provided.

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Pension Systems And Inflation-Indexed Bonds: A Study Of Strengthening Retirement Income Security Through Comparative Analysis Of The United States And Korean Systems, Joon Suk Bae Jun 2008

Pension Systems And Inflation-Indexed Bonds: A Study Of Strengthening Retirement Income Security Through Comparative Analysis Of The United States And Korean Systems, Joon Suk Bae

Maurer Theses and Dissertations

As most of the countries in the world approach an aging society, security for the aged emerges as one of the most important goals for a government to pursue. There are two primary areas related to retirement income security: pension systems and inflation-indexed bonds. Pension systems fall into three categories: public, corporate, and individual pensions. Public pensions, such as Social Security in the United States, are showing their limitation in securing retirement income because it is no longer easy to maintain their solvency as the ratio of workers-to-retirees goes down. Because of this limitation of public pensions, private pensions are …

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