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Articles 91 - 120 of 174

Full-Text Articles in Jurisprudence

Overvaluing Uniformity, Amanda Frost Nov 2008

Overvaluing Uniformity, Amanda Frost

Scholarly Articles in Law Reviews & Journals

"E NSURING the uniform interpretation of federal law has long been considered one of the federal courts' primary objectives, and uniformity is regularly cited in some of the most intractable debates about the structure and function of the federal court system. For example, specialized courts are lauded for their ability to ensure uniformity in the areas of law over which they have jurisdic- tion. Similarly, proponents of exclusive federal jurisdiction contend that the federal courts provide greater consistency in the interpre- tation of federal law than could fifty different state courts. Some commentators claim that Congress' power to create exceptions …


A Shot Heard 'Round The District: The District Of Columbia Circuit Puts A Bullet In The Collective Right Theory Of The Second Amendment, Amanda C. Dupree Jan 2008

A Shot Heard 'Round The District: The District Of Columbia Circuit Puts A Bullet In The Collective Right Theory Of The Second Amendment, Amanda C. Dupree

American University Journal of Gender, Social Policy & the Law

No abstract provided.


From The Periphery To The Center? The Evolving Wto Jurisprudence On Transparency And Good Governance, Padideh Ala'i Jan 2008

From The Periphery To The Center? The Evolving Wto Jurisprudence On Transparency And Good Governance, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

The rise of the regulatory state in the latter half of the 20th century is reflected in the text of the World Trade Organization (WTO) Agreements and specifically its transparency related obligations. The oldest transparency and good governance obligation of the WTO is Article X of General Agreement on Tariffs and Trade (GATT). Article X imposes broad publication and due process requirements on the administration of measures in the area of trade in goods. The language of Article X is duplicated or incorporated by reference throughout the WTO Agreements. During the GATT years (1947-94), Article X was a silent provision …


Expedited Partner Therapies For Sexually Transmitted Diseases: Legal And Policy Approaches, Lindsay Wiley, James G. Hodge Jr., Erin Fuse Brown, Dhrubajyoti Bhattacharya Jan 2008

Expedited Partner Therapies For Sexually Transmitted Diseases: Legal And Policy Approaches, Lindsay Wiley, James G. Hodge Jr., Erin Fuse Brown, Dhrubajyoti Bhattacharya

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson Jan 2008

Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Wto And The Anti-Corruption Movement, Padideh Ala'i Jan 2008

The Wto And The Anti-Corruption Movement, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …


Risky Business: Massachusetts V. Epa, Risk-Based Harm, And Standing In The D.C. Circuit, Amanda Leiter Jan 2008

Risky Business: Massachusetts V. Epa, Risk-Based Harm, And Standing In The D.C. Circuit, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Reparations: A Comparative Perspective, Fernanda G. Nicola Aug 2007

Reparations: A Comparative Perspective, Fernanda G. Nicola

Scholarly Articles in Law Reviews & Journals

This article focuses on the treatment of reparations in recent jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ). In the so-called “prisoner cases,” Assanidze v. Georgia and Ilascu and Others v. Moldova and Russia, the ECHR moved beyond its previously limited approach to reparations by finding that continued detention of the lawsuit applicants would entail a prolonged violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and then asking the States to immediately release the prisoners. The author then turns to ECJ immigration cases Zhu v. Sec’y of …


Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk Jan 2007

Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Transcript: Comments On Panel 1, Christine Farley Jan 2007

Transcript: Comments On Panel 1, Christine Farley

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng Jan 2007

Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips Jan 2007

Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig Jan 2007

Symposium: Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2007

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Review Of The 2006 Trademark Decisions Of The Federal Circuit, Christine Haight Farley, Geri L. Haight Jan 2007

Review Of The 2006 Trademark Decisions Of The Federal Circuit, Christine Haight Farley, Geri L. Haight

Scholarly Articles in Law Reviews & Journals

The United States Court of Appeals for the Federal Circuit delivered only seven precedential trademark opinions in 2006. The Court addressed a range of substantive issues including trade dress configuration, reverse passing off, and genericism. Notably, two of the seven precedential decisions involved plant names protected by the Plant Variety Protection Act. The Court decided only one case in 2006 where the primary issue was procedural, rather than substantive. In that case, the Court sided with the Trademark Trial and Appeal Board and affirmed its decision on the applicability of the res judicata doctrine. In 2006, as in previous years, …


Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman Jan 2007

Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Feminist Interpretations Of Intellectual Property, Debora Halbert Jan 2006

Feminist Interpretations Of Intellectual Property, Debora Halbert

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Copyright And Feminism In Digital Media, Dan L. Burk Jan 2006

Copyright And Feminism In Digital Media, Dan L. Burk

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow Jan 2006

Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The "War On Terror" And The Erosion Of The Rule Of Law: The U.S. Hearings Of The Icj Eminent Jurist Panel, Mark W. Vorkink, Erin M. Scheick Jan 2006

The "War On Terror" And The Erosion Of The Rule Of Law: The U.S. Hearings Of The Icj Eminent Jurist Panel, Mark W. Vorkink, Erin M. Scheick

Human Rights Brief

No abstract provided.


Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson Jan 2006

Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …


Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark Jan 2006

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini Dec 2005

Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini

American University Law Review

No abstract provided.


Symposium: Introduction To A Symposium Celebrating The Twentieth Anniversary Of The Feminism And Legal Theory Project, Pamela Bridgewater Jan 2005

Symposium: Introduction To A Symposium Celebrating The Twentieth Anniversary Of The Feminism And Legal Theory Project, Pamela Bridgewater

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Institutions And The Development Of Legal Theory: The Significance Of The Feminism And Legal Theory Project, Ann Shalleck Jan 2005

Symposium: Institutions And The Development Of Legal Theory: The Significance Of The Feminism And Legal Theory Project, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Feminist Legal Theory, Martha Albertson Fineman Jan 2005

Symposium: Feminist Legal Theory, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: A Broader Vision Of The Reproductive Rights Movement: Fusing Mainstream And Latina Feminism, Angela Hooton Jan 2005

Symposium: A Broader Vision Of The Reproductive Rights Movement: Fusing Mainstream And Latina Feminism, Angela Hooton

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Feminist Theory And The Erosion Of Women's Reproductive Rights: The Implications Of Fetal Personhood Laws And In Vitro Fertilization, Lisa Mclennan Brown Jan 2005

Symposium: Feminist Theory And The Erosion Of Women's Reproductive Rights: The Implications Of Fetal Personhood Laws And In Vitro Fertilization, Lisa Mclennan Brown

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Latinas In Legal Education - Through The Doors Of Opportunity: Assimilation, Marginalization, Cooptation Or Transformation?, Antoinette Sedillo Lopez Jan 2005

Symposium: Latinas In Legal Education - Through The Doors Of Opportunity: Assimilation, Marginalization, Cooptation Or Transformation?, Antoinette Sedillo Lopez

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Toward A Feminist Revision Of Torts, Jennifer B. Wriggins Jan 2005

Symposium: Toward A Feminist Revision Of Torts, Jennifer B. Wriggins

American University Journal of Gender, Social Policy & the Law

No abstract provided.