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Articles 871 - 900 of 11488
Full-Text Articles in Law
Acta: Risks Of Third Party Enforcement For Access To Medicines, Brook K. Baker
Acta: Risks Of Third Party Enforcement For Access To Medicines, Brook K. Baker
Joint PIJIP/TLS Research Paper Series
In its current near-final draft form, the Anti-Counterfeiting Trade Agreement [ACTA] being negotiated plurilaterally—and largely secretly—by a self-selected group of countries proposes to allow preliminary and final injunctive relief against third parties (third-party enforcement) to prevent infringement of intellectual property rights and/or to prevent infringing goods from entering into the channels of commerce. There is lingering uncertainty whether the relevant civil enforcement section will apply to the entire range of intellectual property rights or whether patents will be excluded. If patents are excluded, the dangers in ACTA would be reduced but not eliminated—new globalized forms of third-party enforcement would still …
Where Copyright Enforcement And Net Neutrality Collide - How The Eu Telecoms Package Supports Two Corporate Political Agendas For The Internet, Monica Horten
Joint PIJIP/TLS Research Paper Series
This paper discusses a change to European Union (EU) telecoms law which de facto permits operators to impose restrictions on network traffic, and which enables such restrictions to be imposed for the purposes of copyright enforcement—thus it simultaneously facilitates two different policy agendas from the copyright and telecoms industries—‘three-strikes’ as well as ‘traffic management.’ The mechanism is a provision concerning users’ contracts, supported by generic provisions addressed to EU governments and regulators. The change went into law in late 2009, within the so-called ‘Telecoms Package,’ which, together with the E-commerce directive, establishes the EU legal framework for telecoms networks. In …
Before You Take A Collaborative Law Case, John M. Lande
Before You Take A Collaborative Law Case, John M. Lande
Faculty Publications
Under the Model Rules of Professional Conduct, lawyers have a duty to screen potential Collaborative Law (CL) cases for appropriateness and obtain clients' informed consent to use CL. The duty to screen cases is based on the "reasonableness" requirement of Rule 1.2(c) and the requirement to avoid conflicts of interest that might interfere with competent and diligent representation under Rule 1.7. Both rules require lawyers to obtain clients' informed consent to participate in a CL process. Although the Uniform Collaborative Law Act is not an ethical rule, sections 14 and 15 create relevant duties, including detailed provisions requiring lawyers to …
Helping Good Lawyers Help Clients Make Good Decisions About Dispute Resolution, John M. Lande
Helping Good Lawyers Help Clients Make Good Decisions About Dispute Resolution, John M. Lande
Faculty Publications
Counseling clients about dispute resolution options is easier said than done. These can be complex and difficult decisions, and lawyers may not have appropriate resources to help lawyers counsel clients in choosing dispute resolution options. While establishing rules requiring this kind of training may help to remedy this shortcoming, perhaps the most promising involves using dispute systems design (DSD) procedures to establish better ways of training lawyers to counsel clients.
Uniformity, Inferiority, And The Law Of The Circuit Doctrine, Martha Dragich
Uniformity, Inferiority, And The Law Of The Circuit Doctrine, Martha Dragich
Faculty Publications
This Article considers whether Congress or the Supreme Court could reverse the law of the circuit doctrine. Part I explores the importance of uniformity in federal law. Part II considers the extent to which a desire for uniformity has shaped the structure of the federal court system. Part III considers how the evolution of the courts of appeals as independent regional adjudicatory bodies affects the uniformity objective. Part IV examines the attributes of superior and inferior courts, and applies these criteria to the current courts of appeals. Part V examines the tension between uniformity and inferiority as determinants of the …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
El Arbitraje De Inversional En America Del Sur: Propuesta De Creacion De Un Centro Alternativo De Arbitraje De La Estructura Internacional De La Union De Naciones Suramericanas, Euyelit Adriana Moreno-Paredes
El Arbitraje De Inversional En America Del Sur: Propuesta De Creacion De Un Centro Alternativo De Arbitraje De La Estructura Internacional De La Union De Naciones Suramericanas, Euyelit Adriana Moreno-Paredes
University of Miami Inter-American Law Review
No abstract provided.
The Humanization Of The Corporate Entity: Changing Views Of Corporate Criminal Liability In The Wake Of Citizens United, Elizabeth R. Sheyn
The Humanization Of The Corporate Entity: Changing Views Of Corporate Criminal Liability In The Wake Of Citizens United, Elizabeth R. Sheyn
University of Miami Law Review
No abstract provided.
Upjohn Warnings, The Attorney-Client Privilege, And Principles Of Lawyer Ethics: Achieving Harmony, Grace M. Giesel
Upjohn Warnings, The Attorney-Client Privilege, And Principles Of Lawyer Ethics: Achieving Harmony, Grace M. Giesel
University of Miami Law Review
No abstract provided.
The Default In Florida's Tort Reform: How Bankruptcy Affects The Meaning Of Financial Responsibility, Stephanie Hauser
The Default In Florida's Tort Reform: How Bankruptcy Affects The Meaning Of Financial Responsibility, Stephanie Hauser
University of Miami Law Review
No abstract provided.
A Small Nation Goes To War: Israel's Cabinet Authorization Of The 1956 War, Pnina Lahav
A Small Nation Goes To War: Israel's Cabinet Authorization Of The 1956 War, Pnina Lahav
Faculty Scholarship
The Suez War had long term ramifications for Israel's status in the Middle East and for its relations with the U.S., Europe, and the USSR. This article is a first segment in the examination of the interplay between military and diplomatic means deployed by Israel in its quest to consolidate the gains of the 1948 war and secure its sovereignty. It provides a detailed analysis of the Israeli cabinet deliberations as it reached the decision to authorize war. The article examines the cabinet's opinions on the language of the motion to go to war, the list of casus belli offered, …
Epstein's Razor, David G. Owen
Epstein's Razor, David G. Owen
Faculty Publications
Richard Epstein, over a long and distinguished career, has offered inspired insights into how a legal system should be framed to serve the goals of those it governs. In that pursuit, he has relentlessly applied a sharp logic - call it Epstein's Razor - to shave away the detritus of complexity and confusion that surround perplexing problems, leaving standing only truths unscathed by competition among ideas. Over decades of diverse writings on law and political theory, highlighted by his elegant Simple Rules for a Complex World, Professor Epstein offers a vision of law constructed on the view that simplicity in …
School Discipline In New Haven: Law, Norms, And Beating The Game, Christopher Suarez
School Discipline In New Haven: Law, Norms, And Beating The Game, Christopher Suarez
The Journal of Law and Education
No abstract provided.
Parent Speech And The Courts, Ann Hassenpflug
Parent Speech And The Courts, Ann Hassenpflug
The Journal of Law and Education
No abstract provided.
Primary And Secondary Education
Primary And Secondary Education
The Journal of Law and Education
No abstract provided.
Universities & Other Institutions Of Higher Learning
Universities & Other Institutions Of Higher Learning
The Journal of Law and Education
No abstract provided.
Primary & Secondary Education - Commentary
Primary & Secondary Education - Commentary
The Journal of Law and Education
No abstract provided.
Globalizing No Child Left Behind: A Viable Catalyst In Implementing Progress For Social Integration Programs For Immigrant, English Language Learner, And Limited English Proficient Students, Jamie Lashawn Izlar
Globalizing No Child Left Behind: A Viable Catalyst In Implementing Progress For Social Integration Programs For Immigrant, English Language Learner, And Limited English Proficient Students, Jamie Lashawn Izlar
The Journal of Law and Education
No abstract provided.
Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Lisa V. Martin, Dale Margolin, Steve Berenson, Karen Pearlman, Maryann Zavez
Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Lisa V. Martin, Dale Margolin, Steve Berenson, Karen Pearlman, Maryann Zavez
Faculty Publications
Law schools around the country seek to fill the legal needs of their communities in ways that are both innovative and mutually beneficial to clients and students. This article describes five pro bono and clinical programs, at the University of Richmond School of Law, The Earle Mack School of Law at Drexel University, Catholic University Columbus School of Law, the Thomas Jefferson School of Law, and Vermont Law School, where law students, under the supervision of law professors or community professionals, provide assistance or legal representation to underserved and often marginalized populations needing help with family law problems, including parents …
The Right To Migrate As A Human Right: The Current Argentine Immigration Law, Barbara Hines
The Right To Migrate As A Human Right: The Current Argentine Immigration Law, Barbara Hines
Cornell International Law Journal
No abstract provided.
Disclosing Stored Communication Data To Fight Crime: The U.S. And Eu Approaches To Balancing Competing Privacy And Security Interests, Elise M. Simbro
Disclosing Stored Communication Data To Fight Crime: The U.S. And Eu Approaches To Balancing Competing Privacy And Security Interests, Elise M. Simbro
Cornell International Law Journal
No abstract provided.
Traditions In Conflict: The Internationalization Of Confrontation, Kweku Vanderpuye
Traditions In Conflict: The Internationalization Of Confrontation, Kweku Vanderpuye
Cornell International Law Journal
This article considers international norms concerning the right to adversarial confrontation in positing a normative analytical standard of admissibility with respect to the "right to examine" guaranteed under Article 67(1)(e) of the Rome Statute of the International Criminal Court (ICC). It considers the notion of confrontation in the context of both the Continental European tradition, as well as the Anglo-American Common Law conception of the right, focusing on U.S. constitutional doctrine and relatively recent developments in English jurisprudence. It also surveys the scope of the right to examine as defined by the U.N. Human Rights Committee relative to the International …
Toward A More Individualized Assessment Of Changed Country Conditions Of Kosovar Asylum-Seekers, Christian A. Fundo
Toward A More Individualized Assessment Of Changed Country Conditions Of Kosovar Asylum-Seekers, Christian A. Fundo
Cornell International Law Journal
No abstract provided.
Securities Law In The Roberts Court: Agenda Or Indifference?, Adam C. Pritchard
Securities Law In The Roberts Court: Agenda Or Indifference?, Adam C. Pritchard
Law & Economics Working Papers
Historically, securities law has not been a high priority for the Supreme Court. The first five years of the Roberts Court, however, suggest an upsurge of interest in the federal securities laws, with nine cases decided, a significant increase from the Rehnquist Court’s average. These numbers are deceptive. Analysis of the opinions deciding these cases – and more importantly, the issues debated by the justices – suggests that the Court is not interested in the substance of the securities laws or the policies that animate them. Instead, securities law serves as a backdrop for debates over statutory interpretation and the …
Planning And Practice - The Rooftops Project: Report Summarizing Results Of A Survey Of Not-For-Profit Organizations, James Hagy
Rooftops Project
The Rooftops Project's first national field study of the attitudes and approaches of not-for-profit organizations with respect to the owned, leased or hosted real estate that supports their core missions and operations.
Providing Legal Certainty In South America: Can Mercosur Help?, Camilo A. Rodriguez Yong
Providing Legal Certainty In South America: Can Mercosur Help?, Camilo A. Rodriguez Yong
Pace International Law Review Online Companion
The presence of legal certainty within a country’s legal system is a very relevant factor in the foreign investor’s decision to invest in a particular country. It is therefore necessary for countries to develop mechanisms for avoiding or reducing the uncertainty over the law in their legal systems. This article studies the Southern Common Market’s (“MERCOSUR”) structure and function with the purpose of assessing it as a mechanism to offer legal certainty to foreign investors in the region. The analysis is carried out by examining three basic elements of this regional integrationist experience: a) its body of law, b) its …
Response To "Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges", Bidish J. Sarma
Response To "Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges", Bidish J. Sarma
Michigan Law Review First Impressions
John P. Bringewatt's recent note makes several important observations about the Supreme Court's opinion in Snyder v. Louisiana. Although he provides reasonable support for the claim that Snyder represents a sea change in Batson jurisprudence, the US Supreme Court's fresh opinion in Thaler v. Haynes (rendered on February 22, 2010) reads the Snyder majority opinion narrowly and suggests the possibility that Snyder is not as potent as it should be. The Haynes per curiam's guarded reading of Snyder signals the need for courts to continue to conduct the bird's-eye cumulative analysis that the Court performed in Miller-El v. Dretke[hereinafter Miller-El …
Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan
Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan
William & Mary Bill of Rights Journal
This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands “government speech” to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new “government speech doctrine”— a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views—and “government speech” analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others. …
The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook
The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook
William & Mary Bill of Rights Journal
No abstract provided.