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Articles 195691 - 195720 of 545058

Full-Text Articles in Law

The Citizens Of Democracy: Participation For Integration In The European Union After The Lisbon Treaty, Rossana Deplano Jan 2011

The Citizens Of Democracy: Participation For Integration In The European Union After The Lisbon Treaty, Rossana Deplano

Human Rights Brief

No abstract provided.


International Legal Updates, Anna Naimark, Christina Fetterhoff, Kyle Bates, Saralyn Salisbury, Rachael Curtis, Megan Wakefield, Thais-Lyn Trayer Jan 2011

International Legal Updates, Anna Naimark, Christina Fetterhoff, Kyle Bates, Saralyn Salisbury, Rachael Curtis, Megan Wakefield, Thais-Lyn Trayer

Human Rights Brief

No abstract provided.


United Nations Security Council Resolution 1325 On Women, Peace, And Security — Is It Binding? , Kwadwo Appiagyei-Atua Jan 2011

United Nations Security Council Resolution 1325 On Women, Peace, And Security — Is It Binding? , Kwadwo Appiagyei-Atua

Human Rights Brief

No abstract provided.


Updates From The Regional Human Rights Systems, Anna Taylor, Matthew Lopas, Sarone Solomon Jan 2011

Updates From The Regional Human Rights Systems, Anna Taylor, Matthew Lopas, Sarone Solomon

Human Rights Brief

No abstract provided.


It's In Our Blood: A Critique Of The Fda's Reluctance To Regulate The Use Of Bisphenol A In The Food Supply, Ryan J. Carra Jan 2011

It's In Our Blood: A Critique Of The Fda's Reluctance To Regulate The Use Of Bisphenol A In The Food Supply, Ryan J. Carra

Journal of Health Care Law and Policy

No abstract provided.


Outsourcing Human Reproduction: Embryos & Surrogacy Services In The Cyberprocreation Era, J. Brad Reich, Dawn Swink Jan 2011

Outsourcing Human Reproduction: Embryos & Surrogacy Services In The Cyberprocreation Era, J. Brad Reich, Dawn Swink

Journal of Health Care Law and Policy

No abstract provided.


Cyberspace, Exceptionalism, And Innocent Copyright Infringement, Jacqueline D. Lipton Jan 2011

Cyberspace, Exceptionalism, And Innocent Copyright Infringement, Jacqueline D. Lipton

Vanderbilt Journal of Entertainment & Technology Law

Direct copyright infringement attracts strict liability. However, as a theoretical matter, it is not necessarily clear why. Legislatures and courts have typically imposed strict liability where: (a) a defendant has notice of a plaintiff's rights, particularly where those rights involve a property interest; (b) a mens rea requirement on the part of the defendant would create an untenable burden on the plaintiff; (c) it is easier for the defendant to avoid harming the plaintiff than it is for the plaintiff to avoid the harm; or, (d) it is more administratively or economically efficient for the defendant to bear the risk …


Copyright In Memoriam, Julie C. Young Jan 2011

Copyright In Memoriam, Julie C. Young

Vanderbilt Journal of Entertainment & Technology Law

Can a government infringe upon a work dedicated to the memory of its people? The February 2010 Federal Circuit decision "Gaylord v. United States" addresses that question, but any satisfaction from the decision presupposes that the government should be held liable for such an infringement. Consistent with the 1976 Copyright Act, the Gaylord decision preserves the author's rights, paying no regard to the identity of the audience or the infringer. From a policy perspective, however, the result is dubious. Arguably, if a work is a public memorial, and paid for with public funds, it should immediately enter the public domain. …


2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony, Paul Cenoz Jan 2011

2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony, Paul Cenoz

Arbitration Brief

No abstract provided.


Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?, Paola Sanchez Jan 2011

Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?, Paola Sanchez

Arbitration Brief

No abstract provided.


Careers In International Commercial Arbitration, Safina Lakhani Jan 2011

Careers In International Commercial Arbitration, Safina Lakhani

Arbitration Brief

No abstract provided.


Resources For International Commercial Arbitration Events, International Commercial Arbitration Brief Jan 2011

Resources For International Commercial Arbitration Events, International Commercial Arbitration Brief

Arbitration Brief

No abstract provided.


Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales Jan 2011

Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales

Arbitration Brief

No abstract provided.


Implementation Of The New York Convention In China, Xiaohong Xia Jan 2011

Implementation Of The New York Convention In China, Xiaohong Xia

Arbitration Brief

No abstract provided.


Letter From The Editor, Dana Renee Bucy Jan 2011

Letter From The Editor, Dana Renee Bucy

Arbitration Brief

No abstract provided.


Case Note: France Tribunal Des Conflits 17 Mai 2010, Alexandre Meyniel Jan 2011

Case Note: France Tribunal Des Conflits 17 Mai 2010, Alexandre Meyniel

Arbitration Brief

No abstract provided.


Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk Jan 2011

Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk

Arbitration Brief

No abstract provided.


Amendments To The Mexican Arbitration Statute, Francisco González De Cossío Jan 2011

Amendments To The Mexican Arbitration Statute, Francisco González De Cossío

Arbitration Brief

No abstract provided.


Interim Measures Under Revised Uncitral Arbitration Rules: Comparison To Model Law Reflectsboth Greater Flexibility And Remaining Uncertainty, Lee Anna Tucker Jan 2011

Interim Measures Under Revised Uncitral Arbitration Rules: Comparison To Model Law Reflectsboth Greater Flexibility And Remaining Uncertainty, Lee Anna Tucker

Arbitration Brief

No abstract provided.


Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration, David C. Sawyer Jan 2011

Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration, David C. Sawyer

Arbitration Brief

No abstract provided.


May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins Jr. Jan 2011

May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins Jr.

American University Law Review

No abstract provided.


2010 Trademark Law Decisions Of The Federal Circuit, Susan B. Flohr, Emily J. Barnhart, John Paul Oleksiuk Jan 2011

2010 Trademark Law Decisions Of The Federal Circuit, Susan B. Flohr, Emily J. Barnhart, John Paul Oleksiuk

American University Law Review

No abstract provided.


The Democratic Common Law, Matthew J. Steilen Jan 2011

The Democratic Common Law, Matthew J. Steilen

Journal Articles

This article explores the democratic features of common-law judicial law-making. It begins by examining the so-called “classical” account of the common law, associated with English jurists Edward Coke and Matthew Hale. These jurists describe the common law as a kind of “reasonable custom” that emerges out of a public process in which lawyers exchange reasons with the court about how to resolve a dispute. The article then turns to modern common-law adjudication, and, drawing on the work of Fred Schauer, Edward Levi, Martin Golding, and others, shows how public deliberation prominently features in the modern adjudicative process as well. The …


Sustainable Decentralization: Power, Extraconstitutional Influence, And Subnational Symmetry In The United States And Spain, James A. Gardner, Antoni Abat I Ninet Jan 2011

Sustainable Decentralization: Power, Extraconstitutional Influence, And Subnational Symmetry In The United States And Spain, James A. Gardner, Antoni Abat I Ninet

Journal Articles

In the Madisonian tradition of constitutional design, the foundation of a sustainable federalism is thought to be a scientifically precise balancing of national and subnational power. Experience shows, however, that national and subnational actors in highly diverse systems are capable of developing a rich array of extraconstitutional methods of mutual influence, so that the formal, constitutionalized balance of power rarely settles the question of the actual balance of power between levels of government. A more important factor in ensuring the long-term sustainability of a meaningfully federal system is the degree of symmetry across subnational units in their relation to the …


Is Modern Legal Liberalism Still Compatible With Free Exercise Of Religion?, Donald R. Mcconnell Jan 2011

Is Modern Legal Liberalism Still Compatible With Free Exercise Of Religion?, Donald R. Mcconnell

Campbell Law Review

Classic liberal legal thought has clearly been shaped by the influence of Christianity. But in recent years, the movement, like ancient Gnosticism, has some Christian elements, but has become a decidedly anti-Christian force in the courts. This comparison tracks well with the analysis of other parallel modern intellectual movements by the political scientist Eric Voegelin. It is also supported by current events such as the recent Federal District Court opinion by Chief Judge Vaughn Walker in Perry v. Schwartzenegger. Liberalism has transformed from an attempt at neutrality, to an established religion that not only promotes its own perverse version of …


Were The Framers - And The Writers Who Influenced Them - Unable To Foresee The Extent Of Secularization That Could Result From The Separation Of Church And State?, Teresa M. Blake Jan 2011

Were The Framers - And The Writers Who Influenced Them - Unable To Foresee The Extent Of Secularization That Could Result From The Separation Of Church And State?, Teresa M. Blake

Campbell Law Review

While the United States is filled with religious sects, denominations, worshippers, and even fanatics, the truth is that American society has become largely secular.' When analyzing society's trend toward secularization from a legal perspective, it is only natural to begin with the Establishment Clause of the First Amendment 2-the clause responsible for the separation of church and state. But is today's secular society really the brainchild of the Framers of the Constitution? Or is it an unintended result that was far beyond their realm of foreseeability? This Comment addresses these questions by surveying the writings of several influential Constitutional Framers. …


Balancing Policy Tensions Of The Vaccine Act In Light Of The Omnibus Autism Proceeding: Are Petitioners Getting A Fair Shot At Compensation?, Laura A. Binski Jan 2011

Balancing Policy Tensions Of The Vaccine Act In Light Of The Omnibus Autism Proceeding: Are Petitioners Getting A Fair Shot At Compensation?, Laura A. Binski

Hofstra Law Review

No abstract provided.


Card Act's Ability To Pay Proposal Ignites Public Policy Debate, Manley Williams, Sara E. Emley Jan 2011

Card Act's Ability To Pay Proposal Ignites Public Policy Debate, Manley Williams, Sara E. Emley

American University Law Review

No abstract provided.


Website Design As Contract, Woodrow Hartzog Jan 2011

Website Design As Contract, Woodrow Hartzog

American University Law Review

No abstract provided.


Comparative Efficiency In International Sales Law, Larry A. Dimatteo, Daniel T. Ostas Jan 2011

Comparative Efficiency In International Sales Law, Larry A. Dimatteo, Daniel T. Ostas

American University International Law Review

No abstract provided.