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Articles 200191 - 200220 of 546126
Full-Text Articles in Law
Ethical Issues In Business And The Lawyer's Role, Carol Morgan, Robert Rhee, Tamar Frankel, Mark Fagan
Ethical Issues In Business And The Lawyer's Role, Carol Morgan, Robert Rhee, Tamar Frankel, Mark Fagan
Scholarly Works
This is a transcript of a panel discussion on teaching Business Ethics.
Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa J. Durkee
Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa J. Durkee
Scholarly Works
The international refugee protection system is under threat. States weary of increased refugee flows and preoccupied with national security increasingly exploit legal gaps or avoid refugee law altogether. The U.S. approach to resettlement of Guantánamo detainee refugees exemplified this trend. Yet, in the Guantánamo context, U.S. avoidance of international refugee law put the executive in a bind that it could not easily escape: Because the U.S. executive was unwilling to assume the political cost of resettling the refugee detainees domestically, it resorted to peddling them for resettlement to foreign states while, at the same time, mounting a robust legal defense …
Joint Defense Or Research Joint Venture? Reassessing The Patent-Challenge-Bloc's Antitrust Status, Joseph S. Miller
Joint Defense Or Research Joint Venture? Reassessing The Patent-Challenge-Bloc's Antitrust Status, Joseph S. Miller
Scholarly Works
A patent challenger who defeats a patent wins spoils that it must share with the world, including all its competitors. This forced sharing undercuts an alleged infringer's incentive to stay in the fight to the finish - especially if the patent owner offers an attractive settlement. Too many settlements, and too few definitive patent challenges, are the result. I have argued previously that a litigation-stage bounty would help correct this tilt against patent challenges, for it would provide cash prizes to successful patent challengers that they alone would enjoy. Even the best-designed bounty, however, would likely fail to encourage patent …
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James
Articles
No abstract provided.
Open Content Licensing: From Theory To Practice, Lucie Guibault, Christina Angelopoulos
Open Content Licensing: From Theory To Practice, Lucie Guibault, Christina Angelopoulos
Articles, Book Chapters, & Popular Press
Although open content licences only account for a fraction of all copyright licences currently in force in the copyright world, the mentality change initiated by the open content movement is here to stay. To promote the use of open content licences, it is important to better understand the theoretical underpinnings of these licences, as well as to gain insight on the practical advantages and inconveniences of their use. This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open …
Recent Developments In Air Carrier Litigation, Linda L. Lane, Kimberly R. Gosling, Don G. Rushing
Recent Developments In Air Carrier Litigation, Linda L. Lane, Kimberly R. Gosling, Don G. Rushing
Journal of Air Law and Commerce
No abstract provided.
From Archetypes To Architects: Re-Envisioning The Role Morality Of Trial Level Judges, Richard Devlin Frsc
From Archetypes To Architects: Re-Envisioning The Role Morality Of Trial Level Judges, Richard Devlin Frsc
Articles, Book Chapters, & Popular Press
In this article, I build upon the concepts of role-differentiated behaviour and role morality to reflect upon the privileges and responsibilities of being a trial judge. In particular, I will suggest there are at least two (potentially competing) professional archetypes for judicial role morality, which at this point I will tentatively describe as the mechanics and the innovators. Both of these archetypes agree that the governing principles should be integrity, honesty, independence, impartiality, fairness, et cetera, but they differ in their understanding of how best to put these ideals into effect in the real world. In due course, I will …
Indonesia’S Refusal To Share Influenza Virus Specimens With The World: Reviving The Arguments For Justice In Influenza Pandemic Preparedness, Meena Krishnamurthy, Matthew Herder
Indonesia’S Refusal To Share Influenza Virus Specimens With The World: Reviving The Arguments For Justice In Influenza Pandemic Preparedness, Meena Krishnamurthy, Matthew Herder
Articles, Book Chapters, & Popular Press
Indonesia’s December 2006 decision to stop sending influenza virus specimens to the World Health Organization’s Global Influenza Surveillance Network (GISN) captured international attention. At the time, the H5N1 subtype of influenza A virus was predicted to be the basis for the next pandemic. While many accused Indonesia - the country most afflicted by the virus - of putting the rest of the world in peril by withholding virus samples, Indonesia maintained that GISN was unjust for failing to ensure equitable access to vaccines developed using those samples. The H5N1 pandemic threat eventually waned, yet international negotiations to create a just …
Thematic Analysis: Human Rights And The 2010/11 U.K. Supreme Court, Karinne Lantz, Fiona Roughley
Thematic Analysis: Human Rights And The 2010/11 U.K. Supreme Court, Karinne Lantz, Fiona Roughley
Articles, Book Chapters, & Popular Press
The efforts of the UK Supreme Court in the field of human rights during its first year reflected and informed a broader debate in society generally as to whether decisions of the European Court of Human Rights (hereafter "EurCtHR") in Strasbourg are appropriate for the domestic context. As the government mooted in Whitehall the merits of substituting the Human Rights Act 1998 (hereafter "HRA") with an autochthonous "British Bill of Rights", the newly-formed Supreme Court in the old Middlesex Guildhall struggled to articulate a framework for why, when and how the rights guaranteed by the European Convention on Human Rights …
The Reconciliation Doctrine In The Mclachlin Court: From A “Final Legal Remedy” To A “Just And Lasting” Process, Constance Macintosh
The Reconciliation Doctrine In The Mclachlin Court: From A “Final Legal Remedy” To A “Just And Lasting” Process, Constance Macintosh
Articles, Book Chapters, & Popular Press
The issue upon which this paper focuses is one that runs through much of the Aboriginal rights jurisprudence over the last ten years: the idea of “reconciliation." However, the way in which the term is deployed, the values that inform it, the logic that drives it, and the conclusions that it supports have shifted and are continuing to shift. There are considerable differences between how this term was used at the time of Lamer C.J., its meaning for the bench under McLachlin C.J., and the new role it has evolved to take on most recently. In particular, reconciliation has come …
On Saving The Death Penalty: A Comment On Adam Gershowitz's Statewide Capital Punishment, Eric Berger
On Saving The Death Penalty: A Comment On Adam Gershowitz's Statewide Capital Punishment, Eric Berger
Vanderbilt Law Review
No abstract provided.
Antitrust Merger Efficiencies In The Shadow Of The Law, Daniel D. Sokol, James A. Fishkin
Antitrust Merger Efficiencies In The Shadow Of The Law, Daniel D. Sokol, James A. Fishkin
Vanderbilt Law Review
No abstract provided.
Democratic Participation And The Freedom Of Speech: A Response To Post And Weinstein Responses, Vincent A. Blasi
Democratic Participation And The Freedom Of Speech: A Response To Post And Weinstein Responses, Vincent A. Blasi
Faculty Scholarship
I think it is useful to search for a theory that has as one of its justifications its superior fit with either the case law or the fundamental commitments and shared understandings of the political community, preferably with both. So even if someone were to convince me that she has in hand a normatively superior theory of free speech, whether grounded in the commitment to democracy or otherwise, I would still be interested in what Professors Post and Weinstein are trying to do.
Thirty Two Short Stories About Intellectual Property, Stephen M. Mcjohn, Lorie Graham
Thirty Two Short Stories About Intellectual Property, Stephen M. Mcjohn, Lorie Graham
Suffolk University Law School Faculty Works
In the United States, intellectual property law is usually viewed as serving economics, by providing an incentive for authors and inventors to create works. The incentive policy, however, ill fits the actual contours of intellectual property law and how artists and inventors use it. Adding other approaches offers a fuller explanation. Intellectual property plays a greater role than economic theory suggests in disclosing technology, and in serving to coordinate cultural values in technology. Intellectual property can serve human rights (similar to the moral rights approach in some jurisdictions), by allowing people to control the way that their works are publicly …
Board Diversity And Proxy Disclosure, Thomas Lee Hazen, Lissa Lamkin Broome
Board Diversity And Proxy Disclosure, Thomas Lee Hazen, Lissa Lamkin Broome
Faculty Publications
No abstract provided.
Grounding Conversations On Sexuality And Asian Law, Holning S. Lau
Grounding Conversations On Sexuality And Asian Law, Holning S. Lau
Faculty Publications
No abstract provided.
Wages, Work, Privilege, And Legal Education, Gene R. Nichol
Wages, Work, Privilege, And Legal Education, Gene R. Nichol
Faculty Publications
No abstract provided.
Vol. 14, No. 2: Front Matter, Water Law Review
Vol. 14, No. 2: Editor's Note, Ryan Mclane
Stream Wars: The Constitutionality Of The Utah Public Waters Access Act, Jeremiah I. Williamson
Stream Wars: The Constitutionality Of The Utah Public Waters Access Act, Jeremiah I. Williamson
Water Law Review
No abstract provided.
Exactly The Right Amount: Municipal Water Efficiency, Population Growth, And Climate Change, Matthew Brodahl, William A. Shutkin
Exactly The Right Amount: Municipal Water Efficiency, Population Growth, And Climate Change, Matthew Brodahl, William A. Shutkin
Water Law Review
No abstract provided.
Executive Authority, Adaptive Treaty Interpretation, And The International Boundary And Water Commission, U.S. - Mexico, Robert J. Mccarthy
Executive Authority, Adaptive Treaty Interpretation, And The International Boundary And Water Commission, U.S. - Mexico, Robert J. Mccarthy
Water Law Review
No abstract provided.
Book Notes: Karen Bakker, Privatizing Water: Governance Failure And The World's Water Crisis, Richard Lynch
Book Notes: Karen Bakker, Privatizing Water: Governance Failure And The World's Water Crisis, Richard Lynch
Water Law Review
No abstract provided.
Colorado Supreme Court Evaluates Changes In Local Water Rights, Jamie Luckenbill
Colorado Supreme Court Evaluates Changes In Local Water Rights, Jamie Luckenbill
Water Law Review
No abstract provided.
Aline Baillat, International Trade In Water Rights: The Next Step, Dustin Charapata
Aline Baillat, International Trade In Water Rights: The Next Step, Dustin Charapata
Water Law Review
No abstract provided.
Vol. 14, No. 2: Table Of Contents, Water Law Review
Vol. 14, No. 2: Table Of Contents, Water Law Review
Water Law Review
No abstract provided.
Taking Care Of Business: Building And Maintaining Our Water Infrastructure, Leigh Auerbach
Taking Care Of Business: Building And Maintaining Our Water Infrastructure, Leigh Auerbach
Water Law Review
No abstract provided.
The Fifty-Third Annual Convention Of The Colorado Water Congress: Climate And Water Policy: When Is The Right Time To Adjust Course?, Dustin Charapata
The Fifty-Third Annual Convention Of The Colorado Water Congress: Climate And Water Policy: When Is The Right Time To Adjust Course?, Dustin Charapata
Water Law Review
No abstract provided.
Pre-Statutory Water Right Claims In Utah: Uncertainty In The Administration Of Water Rights, Jamie Carpenter
Pre-Statutory Water Right Claims In Utah: Uncertainty In The Administration Of Water Rights, Jamie Carpenter
Water Law Review
No abstract provided.