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Articles 195751 - 195780 of 545054

Full-Text Articles in Law

Financial Reform And The Causes Of The Financial Crisis, Brooksley Born Jan 2011

Financial Reform And The Causes Of The Financial Crisis, Brooksley Born

American University Business Law Review

No abstract provided.


Of The Conditional Fee As A Response To Lawyers, Bankers And Loopholes, Claire Hill, Richard Painter Jan 2011

Of The Conditional Fee As A Response To Lawyers, Bankers And Loopholes, Claire Hill, Richard Painter

American University Business Law Review

No abstract provided.


An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil, Renata B. David Jan 2011

An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil, Renata B. David

Arbitration Brief

No abstract provided.


Redefining Polygamy Among The Palestinian Bedouins In Israel: Colonialism, Patriarchy, And Resistance, Rawia Abu Rabia Jan 2011

Redefining Polygamy Among The Palestinian Bedouins In Israel: Colonialism, Patriarchy, And Resistance, Rawia Abu Rabia

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Legal Reform, Social Policy, And Gendered Redistribution In Colombia: The Role Of The Family, Helena Alviar Garcia Jan 2011

Legal Reform, Social Policy, And Gendered Redistribution In Colombia: The Role Of The Family, Helena Alviar Garcia

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler Jan 2011

Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Technology: Are You (And Your Vendors) Ahead Of, Or On The Curve?, Kenneth Hirsh, Sharon Krevor-Weisbaum, Gary Norman, Bryan Rapp Jan 2011

Technology: Are You (And Your Vendors) Ahead Of, Or On The Curve?, Kenneth Hirsh, Sharon Krevor-Weisbaum, Gary Norman, Bryan Rapp

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Private Ordering Of Employee Privacy: Protecting Employees' Expectations Of Privacy With Implied-In-Fact Contracts, Lindsay Noyce Jan 2011

Private Ordering Of Employee Privacy: Protecting Employees' Expectations Of Privacy With Implied-In-Fact Contracts, Lindsay Noyce

Labor & Employment Law Forum

No abstract provided.


Note From The Founders, Jennifer Erin Brown, Jamison F. Grella Jan 2011

Note From The Founders, Jennifer Erin Brown, Jamison F. Grella

Labor & Employment Law Forum

No abstract provided.


Hidden In Dodd-Frank: A Look At The Office Of Minority And Women Inclusion, James Nelson Lewis Jan 2011

Hidden In Dodd-Frank: A Look At The Office Of Minority And Women Inclusion, James Nelson Lewis

The Modern American

No abstract provided.


Male Reproductive Autonomy: Unplanned Fatherhood And The Victory Of Child Support, Preston D. Mitchum Jan 2011

Male Reproductive Autonomy: Unplanned Fatherhood And The Victory Of Child Support, Preston D. Mitchum

The Modern American

No abstract provided.


Food Deserts: Is The Let's Move Campaign An Oasis For The Urban Minority Community, Thomas P. Ziehnert Jan 2011

Food Deserts: Is The Let's Move Campaign An Oasis For The Urban Minority Community, Thomas P. Ziehnert

The Modern American

No abstract provided.


Propagating Gender Stasis: Judicial Indifference And The Medical Model Of Gender In Requests For State Medical Assistance, D. Andrew Quigley Jan 2011

Propagating Gender Stasis: Judicial Indifference And The Medical Model Of Gender In Requests For State Medical Assistance, D. Andrew Quigley

The Modern American

No abstract provided.


Doma's Attack On The Modern American Family, Carolina Rizzo Oscaris Jan 2011

Doma's Attack On The Modern American Family, Carolina Rizzo Oscaris

The Modern American

No abstract provided.


Legislative Updates, Beah Mejia Jan 2011

Legislative Updates, Beah Mejia

The Modern American

No abstract provided.


Managing Forced Displacement By Law In Africa: The Role Of The New African Union Idps Convention, Won Kidane Jan 2011

Managing Forced Displacement By Law In Africa: The Role Of The New African Union Idps Convention, Won Kidane

Faculty Articles

This article provides a critical appraisal of the newly adopted African IDPs Convention. In particular, it offers a detailed analysis of the Convention's transformation of the UN Guiding Principles into legally binding rules for the management of the phenomenon of internal displacement in Africa. By definition, internally displaced persons (IDPs) are persons who have not crossed international frontiers and are citizens of the state within which they find themselves. Although their conditions may be similar to refugees, who are necessarily aliens to the host community, their legal status is not analogous. At the most basic level, there is no doctrinal …


How Trade Secrecy Law Generates A Natural Semicommons Of Innovative Know-How, Jerome H. Reichman Jan 2011

How Trade Secrecy Law Generates A Natural Semicommons Of Innovative Know-How, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking, Mathew D. Mccubbins, Daniel B. Rodriguez Jan 2011

Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.


State Enforcement Of Federal Law, Margaret H. Lemos Jan 2011

State Enforcement Of Federal Law, Margaret H. Lemos

Faculty Scholarship

Federal law is enforced through a combination of public and private efforts. Virtually all federal civil statutes vest enforcement authority in a federal agency; some also create private rights of action that permit private parties to sue to enforce federal law. Decades of commentary on the choice between public and private enforcement have generated a remarkably stable set of arguments about the strengths and weaknesses of each type. But the conventional wisdom tells only part of the story, as it ignores variations within the category of public enforcement. In fact, there are two distinct types of public enforcement. Many federal …


Globalized Corporate Prosecutions, Brandon L. Garrett Jan 2011

Globalized Corporate Prosecutions, Brandon L. Garrett

Faculty Scholarship

In the past, domestic prosecutions of foreign corporations were not noteworthy. Federal prosecutors now advertise a muscular approach targeting major foreign firms and even entire industries. High-profile prosecutions of foreign firms have shaken the international business community. Not only is the approach federal prosecutors have taken novel, but corporate criminal liability is itself a form of American Exceptionalism, and few other countries hold corporations broadly criminally accountable. To study U.S. prosecutions of foreign firms, I assembled a database of publicly reported corporate guilty plea agreements from the past decade. I analyzed U.S. Sentencing Commission data archives on federal corporate prosecutions …


Things In Common: Challenges Of The 19th And 21st Century Librarians, Femi Cadmus Jan 2011

Things In Common: Challenges Of The 19th And 21st Century Librarians, Femi Cadmus

Faculty Scholarship

No abstract provided.


Financing Direct Democracy: Revisiting The Research On Campaign Spending And Citizen Initiatives, John M. De Figueiredo, Chang Ho Ji, Thad Kousser Jan 2011

Financing Direct Democracy: Revisiting The Research On Campaign Spending And Citizen Initiatives, John M. De Figueiredo, Chang Ho Ji, Thad Kousser

Faculty Scholarship

The conventional view in the direct democracy literature is that spending against a measure is more effective than spending in favor of a measure, but the empirical results underlying this conclusion have been questioned by recent research. We argue that the conventional finding is driven by the endogenous nature of campaign spending: initiative proponents spend more when their ballot measure is likely to fail. We address this endogeneity by using an instrumental variables approach to analyze a comprehensive dataset of ballot propositions in California from 1976 to 2004. We find that both support and opposition spending on citizen initiatives have …


Exploring The Wfo Option For Global Banking Regulation, Lawrence G. Baxter Jan 2011

Exploring The Wfo Option For Global Banking Regulation, Lawrence G. Baxter

Faculty Scholarship

The Global Financial Crisis and the global operations by participants in the financial services industry has led observers and even senior public representatives to call for global regulatory solutions that go beyond the current, transnational regulatory network (TRN) framework provided by the G20, the Financial Stability Board and the Basel Committee on Banking Supervision. The concept of a global banking regulator has often been advocated, but this is not remotely politically viable. Recently the imaginative concept of a World Financial Organization (WFO), that would follow the model of the World Trade Organization (WTO), has been proposed. Although attractive in that …


Legal Integration In The Andes: Law-Making By The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter Jan 2011

Legal Integration In The Andes: Law-Making By The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter

Faculty Scholarship

The Andean Tribunal of Justice (ATJ) is a copy of the European Court of Justice (ECJ), and the third most active international court. This article reviews our findings based on an original coding of all ATJ preliminary rulings from 1984 to 2007, and over forty interviews in the region. We then compare Andean and European jurisprudence in three key areas: whether the tribunals treat the founding integration treaties as constitutions for their respective communities, whether the ATJ and ECJ have implied powers for community institutions that are not expressly enumerated in the founding treaties, and how the tribunals conceive of …


Perspectives For Cyber Strategists On Law For Cyberwar, Charles J. Dunlap Jr. Jan 2011

Perspectives For Cyber Strategists On Law For Cyberwar, Charles J. Dunlap Jr.

Faculty Scholarship

The proliferation of martial rhetoric in connection with the release of thousands of pages of sensitive government documents by the WikiLeaks organization underlines how easily words that have legal meanings can be indiscriminately applied to cyber events in ways that can confuse decision makers and strategists alike. The WikiLeaks phenomenon is but the latest in a series of recent cyber-related incidents––ranging from cyber crises in Estonia and Georgia to reports of the Stuxnet cyberworm allegedly infecting Iranian computers––that have contributed to a growing perception that “cyberwar” is inevitable, if not already underway. All of this generates a range of legal …


The Law And Policy Of Judicial Retirement, Mitu Gulati, Stephen J. Choi, Eric A. Posner Jan 2011

The Law And Policy Of Judicial Retirement, Mitu Gulati, Stephen J. Choi, Eric A. Posner

Faculty Scholarship

Lifetime tenure maximizes judicial independence by shielding judges from political pressures, but it creates problems of its own. As is widely known, judges with judicial independence may implement their political preferences or shirk in other ways. Less attention has been given to another problem: that judges will remain in office after their abilities degrade as a result of old age. The U.S. federal system addresses these problems in an indirect way. When judges’ pensions vest, they receive a full salary regardless of whether they work or not; thus, the effective compensation for judicial work falls to zero. Judges can retire, …


The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd Jan 2011

The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd

Faculty Scholarship

Over the last several years, so-called carbon markets have
emerged around the world to facilitate trading in greenhouse gas
credits. This Article takes a close look at an unexpected and
unprecedented development in some of these markets—premium
“green” currencies have emerged and, in some cases, displaced
standard compliance currencies. Past experiences with other
environmental compliance markets, such as the sulfur dioxide and
wetlands mitigation markets, suggest the exact opposite should be
occurring. Indeed, buyers in such markets should only be interested in
buying compliance, not in the underlying environmental integrity of the
compliance unit. In some of the compliance carbon …


Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, Christopher L. Griffin Jr., John J. Donohue Iii, Michael Ashley Stein, Sascha Becker Jan 2011

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, Christopher L. Griffin Jr., John J. Donohue Iii, Michael Ashley Stein, Sascha Becker

Faculty Scholarship

This article explores the relationship between the Americans with Disabilities Act (“ADA”) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (“PSID”), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7120 unique male household heads between the ages of 21 and 65 as well as a subset of 1437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests the …


Comparative Law, Ralf Michaels Jan 2011

Comparative Law, Ralf Michaels

Faculty Scholarship

Written for an encyclopedia on European private law, this brief
article addresses term, purposes, methods and development of
comparative law. Special attention is given to the role of comparative
law in European private law studies, European law-making and European
adjudication.


Legal Culture, Ralf Michaels Jan 2011

Legal Culture, Ralf Michaels

Faculty Scholarship

Written for an encyclopedia on European private law, this brief
article addresses the term legal culture, the relation between law and
culture, the relevance of legal culture, legal culture in the national
and European context, and criticism of the concept.