Law Commons^™

Jus Cogens As A Vision Of The International Legal Order, Dr. Markus Petsche

Penn State International Law Review (1982 - 2011)

No abstract provided.

Volume 29 - Issue 2: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Competition Policy And Consumer Protection Policy In Jordan, Hetham Hani Abu Karky

Penn State International Law Review (1982 - 2011)

No abstract provided.

Mending The Fabric Of Small Town America: Health Reform & Rural Economies, Sidney D. Watson

West Virginia Law Review

No abstract provided.

Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley

West Virginia Law Review

Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation," meaning that the Department was insu- lated from judicial review by statute. After the due process revolution of the 1960s and pressure from various veterans' organizations after the Vietnam War, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an Article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This Article argues that twenty years after the Veterans' Judicial Review Act was imple- mented, the system has become …

A Tie That Binds: Forum Selection Clause Enforceability In West Virginia, J. Zac Ritchie

West Virginia Law Review

No abstract provided.

The Costs Of Early-Onset Alzheimer's Disease And The Federal Benefits Dilemma, Sarah Mcdaniel

West Virginia Law Review

No abstract provided.

Take Me Home To Conley V. Gibson, Country Roads: An Analysis Of The Effect Of Bell Atlantic Corp. V. Twombly And Ashcroft V. Iqbal On West Virginia's Pleading Doctrine, Devon J. Stewart

West Virginia Law Review

No abstract provided.

Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen

West Virginia Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Crimes And Offenses Sexual Offenses, Georgia State University Law Review

Georgia State University Law Review

The purpose of this Act is to revise Georgia sex offender laws to promote the isolation of dangerous sexual predators from the public and ensure that they are adequately monitored in a manner that is constitutional. The key focus of the Act is to ensure the law properly directs resources towards protecting society from the sex offenders who pose the greatest threat to others by truly isolating the dangerous sexual predator. The Act narrows some of the previous statutory reporting requirements for sex offenders and aims to lessen some of these requirements by providing for certain exceptions. Additionally, the Act …

Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food, Georgia State University Law Review

Georgia State University Law Review

The Act requires food processors to maintain food safety plans and conduct tests on their food products before sending them into commerce and allows the Commissioner of Agriculture to define what standards the food safety plans need to comply with. The Act provides for civil and criminal penalties for violating the Act. Specifically, if the company does not file a food processing plan, the company will be exposed to a $5,000 fine. If the company intentionally fails to report a written food safety plan to the Department of Agriculture, the company will be exposed to a $7,500 fine. The Act …

Wipo And The Acta Threat, Sara Bannerman

Joint PIJIP/TLS Research Paper Series

The new Anti-Counterfeiting Trade Agreement (ACTA) has been seen as a potentially existential threat to the existing World Intellectual Property Organization (WIPO) – as a new plurilateral institution that could replace the older multilateral organization. The ACTA threat to WIPO has a number of predecessors. WIPO’s centrality to international intellectual property norm-setting encountered its first major challenge in 1952 when the Universal Copyright Convention was established under UNESCO. It encountered a second major challenge with the establishment of the Agreement on Trade-Related Aspects of Intellectual Property (the TRIPs Agreement). The ACTA challenge thus potentially represents a third instance where a …

Acta And Public Health, Peter Maybarduk

Joint PIJIP/TLS Research Paper Series

Although the term “anti-counterfeiting” suggests an agreement limited to preventing trade in counterfeit products, ACTA’s draft provisions, to date, would set new minimum enforcement standards for a range of intellectual property rights. In several areas, these standards could impede legitimate competition, shortchange legal process and shift costs of enforcing private commercial rights to the public.

The parties to ACTA have agreed to narrow some of its provisions in recent months. Despite these improvements to its text, ACTA continues to present risks for global access to medicines, including potentially restricting free transit of generics, imposing chilling effects on the medicines trade, …

Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy, Alberto Cerda Silva

Joint PIJIP/TLS Research Paper Series

Enforcing the law in the digital environment is one of the main challenges of the Anti-Counterfeiting Trade Agreement (ACTA). In order to enforce the intellectual property law, unlike previous international agreements on the matter, ACTA attempts to set forth provisions concerned with privacy and personal data. Special provisions refer to law enforcement in the digital environment; ACTA would require the adoption of domestic law to allow identifying supposed infringers and, consequently, the collaboration of the online service providers (OSPs) with rights holders. However, those provisions raise some human rights concerns, particularly as related to the right to privacy of Internet …

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

Articles & Book Chapters

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

A Definite Claim On Claim Indefiniteness: An Empirical Study Of Definiteness Cases Of The Past Decade With A Focus On The Federal Circuit And The Insolubly Ambiguous Standard, Christa J. Laser

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Physicality And The Information Age: A Normative Perspective On The Patent Eligibility Of Non-Physical Methods, Ben Mceniery

Chicago-Kent Journal of Intellectual Property

No abstract provided.

International Greenhouse Gas Offsets Under The Clean Air Act, Nathan D. Richardson

Faculty Publications

Offsets, and in particular international offsets, have been advanced as an important tool in climate policy, capable of significantly reducing the costs of emissions reductions. As attention turns to the existing CAA as a potential vehicle for general reduction of GHG emissions, an important question is whether regulation under the statute is compatible with international offsets. Certain regulatory programs under the CAA are likely candidates for GHG regulation, but many of them are legally incompatible with international offsets. Those programs that might permit use of international offsets have other problems that make them unpopular choices for GHG regulation. To the …

A Study Of Group Dynamics In Educational Leadership Cohort And Non-Cohort Groups, Zorka Karanxha, Bobbie J. Greenlee

Educational Leadership and Policy Studies Faculty Publications

The purpose of this study was to examine group dynamics of educational leadership students in cohorts and make comparisons with the group dynamics characteristics of non-cohort students. Cohorts have emerged as dynamic and adaptive entities with attendant group dynamic processes that shape collective learning and action. Cohort (n=42) and non-cohort (n=51) students were surveyed on group variables of participation, communication, influence, trust, cohesiveness, empowerment, collaboration, and satisfaction. Descriptive statistics and effect size analyses were used for data analysis. Significant differences were identified in trust, cohesiveness, and satisfaction. However, findings show little effect on cohort structures in the areas of participation, …

Editor's Note, Jason Mcvicker

Tulsa Law Review

No abstract provided.

Mackinnon's Engaged Scholarship, Jose E. Alvarez

Tulsa Law Review

No abstract provided.

Establishing A "Due Care" Standard Under The Lacey Act Amendments Of 2008, Rachel Saltzman

Michigan Law Review First Impressions

The Lacey Act was first enacted in 1900 as a narrow measure for domestic bird preservation and agriculture protection. It was significantly amended in 1981 and 1988 to prohibit trafficking in fish and wildlife "taken, possessed, transported, or sold" in violation of state and foreign laws. For the past three decades, the amended statute has provided the federal government with a powerful tool for regulating imports of fish and wildlife. In 2008 Congress expanded its reach still further, responding to widespread concern about the effects of illegal logging on local governance, the environment, and American business by extending the Act's …

South/North Exchange Of 2009 - Territorial Projections Of Law From The Left: Cities, Communities And Transnational Spaces. The Case Of Mexico In The Context Of The Global South, Miguel Rabago Dorbecker

Pace International Law Review Online Companion

No abstract provided.

South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris

Pace International Law Review Online Companion

No abstract provided.

South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America, Gonzalo Aguilar, Sandra Lafosse, Hugo Rojas, Rebecca Steward

Pace International Law Review Online Companion

No abstract provided.

Kids Are Different, Stephen St.Vincent

Michigan Law Review First Impressions

The Supreme Court recently handed down its decision in Graham v. Florida. The case involved a juvenile, Graham, who was sentenced to life in prison after being convicted as an adult of a nonhomicidal crime. The offense, a home invasion robbery, was his second; the first was attempted robbery. Due to Florida's abolition of parole, the judge's imposition of a life sentence meant that Graham was constructively sentenced to life without parole for a nonhomicide crime. Graham challenged this sentence as unconstitutional under the Eighth Amendment. Somewhat surprisingly, the Supreme Court invalidated Graham's sentence by a 6-3 majority. By a …

Citizens United And The Threat To The Regulatory State, Tamara R. Piety

Michigan Law Review First Impressions

Although Citizens United has been roundly criticized for its potential effect on elections and its display of judicial immodesty (or "activism"), the effect of the case which may be both most profound and perhaps most pernicious is its effect on the commercial speech doctrine. This is an aspect of the case which has been largely overlooked. Most people seem to be unaware of any connection between election law and the commercial speech doctrine-except, that is, those who have been working long and hard to accomplish the change it foreshadows. They are keenly aware of its implications.

Strong Medicine: Toward Effective Sentencing Of Child Pornography Offenders, Kristin Carlson

Michigan Law Review First Impressions

In recent years, possessors of child pornography have entered the federal criminal justice at an alarming rate. In 2006, child pornography cases accounted for sixty-nine percent of the child exploitation cases that were prosecuted federally. Average federal sentences for these offenses also rose sharply, by about 300 percent over the past fourteen years. The mean sentence imposed for child pornography offenses increased from thirty-six months in 1994 to 109 months by 2008. The severe sentences imposed on possessors of child pornography in federal courts have inspired an ongoing deb ate. Critics feel the U.S. Sentencing Guidelines are too harsh on …

Insterstitial Exclusivities After Association For Molecular Pathology, Mary Mitchell, Dana A. Remus

Michigan Law Review First Impressions

The high profile cases Bilski v. Kappos and Association for Molecular Pathology v. United States Patent and Trademark Office have renewed public debate about the proper scope of patentable subject matter. The subject matter inquiry has traditionally been treated as a threshold inquiry in patent law, serving a gate-keeping function by defining the types of inventions that are eligible for patent protection. The Patent Office and courts have approached the subject matter inquiry both by determining whether an invention falls into a statutory category-processes, machines, manufactures, or compositions of matter-as well as by determining whether an invention falls into a …