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2004

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Articles 121 - 150 of 330

Full-Text Articles in Law and Society

Agenda: Preliminary Agenda For University Of South Florida's "The Civil Rights Movement In Florida" Conference June 2-6, 2004 Jun 2004

Agenda: Preliminary Agenda For University Of South Florida's "The Civil Rights Movement In Florida" Conference June 2-6, 2004

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Preliminary agenda for University of South Florida's "The Civil Rights Movement in Florida" Conference. June 2-6, 2004.


Information Packet For The Civil Rights Movement In Florida Conference. June 3-6, 2004. St. Petersburg, Florida Jun 2004

Information Packet For The Civil Rights Movement In Florida Conference. June 3-6, 2004. St. Petersburg, Florida

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Information packet from USF to Rodney Hurst confirming him as panelist for "The Civil Rights Movement in Florida" Conference. Folder 3


The Roadmap For Failure: Israeli And Palestinian Discountenance And Misunderstanding, John J. Marciano May 2004

The Roadmap For Failure: Israeli And Palestinian Discountenance And Misunderstanding, John J. Marciano

ExpressO

As tensions rise with the assassination of key Hamas figures, the situation in Israel and the Occupied Territories call out for committed, reasoned action. In the past, the peace process has consisted of half-hearted attempts to pacify both the Israeli and Palestinian populaces. This is exemplified by the recent Roadmap for peace, which was supported by the United States.

However, the lack of true dedication among the players has arguably resulted in crimes against humanity on both sides. The previous peace plans fail to recognize this, and have perpetuated the violence with cookie-cutter approaches that are not closely tailored to …


Essay, Digital Bowdlerizing: Removing The Naughty Bytes, Llewellyn Joseph Gibbons May 2004

Essay, Digital Bowdlerizing: Removing The Naughty Bytes, Llewellyn Joseph Gibbons

ExpressO

Unlike Dr. Bowdler, who republished the works of Shakespeare with the naughty bits removed, the modern digital Bowdlerizer deletes offensive content from digital works in a variety of ways. This Essay will analyze the technologies used by the modern Bowdlerizer to determine when, if, and which technologies make copies in violation of the copyright owner’s § 106(1) right to control reproduction or make derivative copies of a preexisting work that may infringe the copyright owner’s 17 U.S.C. § 106(2) right to authorize the creation of derivative works. These technologies not only support militant prudery, but they also may add new …


Fine Art Online: Digital Imagery And Current International Interpretations Of Ethical Considerations In Copyright Law, Molly A. Torsen May 2004

Fine Art Online: Digital Imagery And Current International Interpretations Of Ethical Considerations In Copyright Law, Molly A. Torsen

ExpressO

This writing explores the fast-changing intersection of law, technology and ethical considerations related to the visual arts. My paper explores differences in domestic intellectual property laws as well as regional considerations in moral rights law application.


Modern Bootlegging And The Prohibition On Fair Prices: Last Call For The Repeal Of Pharmaceutical Price Gouging, Luke W. Cleland May 2004

Modern Bootlegging And The Prohibition On Fair Prices: Last Call For The Repeal Of Pharmaceutical Price Gouging, Luke W. Cleland

ExpressO

This article discusses the recent passage of the Medicare Prescription Drug, Modernization and Improvement Act of 2003, and the executive and judicial decisions affecting the ability of the general public to access foreign pharmaceutical markets. The article examines the recent actions taken by the U.S. government, explore various state movements within the United States aimed at reducing pharmaceutical drug prices, outline the process of pharmaceutical drug prices in foreign countries, and advocate for a workable integration of all available mechanisms to feasibly reduce prescription drug prices for the benefit of both U.S. consumers and U.S. drug companies. As avenues to …


The Employment Consequences Of Wrongful-Discharge Laws: Large, Small, Or None At All?, David H. Autor, John J. Donahue Iii, Stewart J. Schwab May 2004

The Employment Consequences Of Wrongful-Discharge Laws: Large, Small, Or None At All?, David H. Autor, John J. Donahue Iii, Stewart J. Schwab

Cornell Law Faculty Publications



Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright May 2004

Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright

University of Richmond Law Review

No abstract provided.


The Death Penalty: Conceptual And Empirical Issues, Jason Borenstein May 2004

The Death Penalty: Conceptual And Empirical Issues, Jason Borenstein

Cardozo Public Law, Policy & Ethics Journal

The article argues that the death penalty in the United States is plagued by significant conceptual and empirical flaws, particularly regarding its reliability and fairness. The author advocates for a moratorium on the death penalty until these issues are addressed, emphasizing the risk of executing innocent individuals and the lack of sufficient safeguards in capital proceedings. While not calling for outright abolition, the article contends that the current system is too flawed to continue without substantial reforms.


Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar May 2004

Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar

San Diego International Law Journal

This Article is intended to make a case for promoting transparency in governance policies from a human rights perspective so as to argue for the development of a human right to good governance in Hong Kong. Secondly, it analyzes the work of the Independent Commission against Corruption (ICAC) in Hong Kong and addresses certain concerns in improving the efficiency of the ICAC. Thirdly, it argues that rights against corruption in Hong Kong should move beyond a law enforcement and public policy issue and attain the status of a human right. Fourthly, this Article examines the growth and development of international …


Securing Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese Apr 2004

Securing Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese

ExpressO

No abstract provided.


Apr. 22, 2004, Draft Cso Talking Points For Ifc Mtg On Safeguards, Disclosure And H.Rts., Ifc Apr 2004

Apr. 22, 2004, Draft Cso Talking Points For Ifc Mtg On Safeguards, Disclosure And H.Rts., Ifc

IFC E&S Performance Standards

No abstract provided.


Writing Their Faith Into The Law Of The Land: Jehovah's Witnesses, The Supreme Court And The Battle For The Meaning Of The Free Exercise Clause, 1939-1945, Patrick J. Flynn Apr 2004

Writing Their Faith Into The Law Of The Land: Jehovah's Witnesses, The Supreme Court And The Battle For The Meaning Of The Free Exercise Clause, 1939-1945, Patrick J. Flynn

ExpressO

The article traces the development of free exercise jurisprudence through the battles of Jehovah's Witnesses before the Court, and the battles on the Court between Justices Black, Douglas and Frankfurter to establish their constitutional faiths as the law of the land during a brief period in the early 1940's when these issues came before the Court in a flurry of decisions, then disappeared.


Rights At United States Borders, Jon Adams Apr 2004

Rights At United States Borders, Jon Adams

ExpressO

This article explores protections available under the Fourth and Fifth Amendments to the United States Constitution. Contrary to opinions in popular culture, and perhaps even among Customs officials, powers to search, seize, and interrogate at United States border crossings are not unlimited. In the current world climate of security and threat, a discussion regarding the level of intrusiveness available to a zealous Customs agent appears particularly relevant. The article addresses the requirements for search, seizure, and interrogation, as well as the lawful conditions and limits upon each activity.


April 14, 2004, Ltr From M. Taylor, Cao, To Wwf Caucasus, Rejecting Btc Complaint, Meg Taylor Apr 2004

April 14, 2004, Ltr From M. Taylor, Cao, To Wwf Caucasus, Rejecting Btc Complaint, Meg Taylor

CAO General 1999-Present

No abstract provided.


Apr. 12, 2004, Wbg, Comm. On Dev.. Effect., Enhancing World Bank Support To Middle Income Countries, Wbg Apr 2004

Apr. 12, 2004, Wbg, Comm. On Dev.. Effect., Enhancing World Bank Support To Middle Income Countries, Wbg

IFC E&S Performance Standards

No abstract provided.


Innovation, Regulation And The Selection Environment, Timothy F. Malloy, Peter Sinsheimer Apr 2004

Innovation, Regulation And The Selection Environment, Timothy F. Malloy, Peter Sinsheimer

ExpressO

This article focuses on the question of how regulation can be best designed to encourage technological innovation. Most scholarship in this area applies standard economic analysis to evaluate the impact of various forms of regulation on technological innovation. We reject that approach as too narrow, drawing instead upon principles of evolutionary economics. The basic premise of the article is that a firm’s technology choices—and its response to regulation intended to shape those choices—are influenced by other actors (such as suppliers and competitors), by external social and legal institutions (e.g., industry standards and norms) and by the firms' internal structure (such …


International Child Abductions: The Challenges Facing America , Charles F. Hall Apr 2004

International Child Abductions: The Challenges Facing America , Charles F. Hall

ExpressO

International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …


What Is Fiscal Responsibility? Long-Term Deficits, Generational Accounting, And Capital Budgeting, Neil H. Buchanan Apr 2004

What Is Fiscal Responsibility? Long-Term Deficits, Generational Accounting, And Capital Budgeting, Neil H. Buchanan

Rutgers Law School (Newark) Faculty Papers

This article assesses three basic approaches to assessing the future effects of the government’s fiscal policies: traditional measures of the deficit, measures associated with Generational Accounting, and measures derived from applying Capital Budgeting to the federal accounts. I conclude that Capital Budgeting is the best of the three approaches and that Generational Accounting is the least helpful. Acknowledging that there might be some value in learning what we can from a variety of approaches to analyzing fiscal policy, I nevertheless conclude that Generational Accounting is actually a misleading or--at best--empty measure of future fiscal developments. The best approach to providing …


Constitutionalism In The Streets, Gary D. Rowe Apr 2004

Constitutionalism In The Streets, Gary D. Rowe

ExpressO

This Article works at the border of constitutional history and constitutional law. It embarks on a reconstruction of constitutionalism in the early American Republic through a microhistorical case study, an analysis of the fascinating United States v. Peters (1809), the first Supreme Court decision to strike down a state law. In the last half century, the Supreme Court has repeatedly asserted that it is the “ultimate expositor of the constitutional text.” From Cooper v. Aaron to United States v. Morrison, the Court has invoked no less than the authority of Chief Justice John Marshall and his opinion in Marbury v. …


The Cocaine Vaccine, Dru Stevenson Apr 2004

The Cocaine Vaccine, Dru Stevenson

ExpressO

The controversial new cocaine vaccine (TA-CD) has the potential to be an extremely effective treatment tool for recovering addicts, but it also presents opportunities for non-therapeutic uses, such as preventing cocaine use in the first place. It is foreseeable that the cocaine vaccine could become a condition of parole or probation, or receiving welfare payments, or for employment in certain occupations. Universal vaccination is also a possibility but less likely for political reasons. This article investigates each of these areas of potential use. Any setting where mandatory drug testing is currently in place could become a venue for the vaccination. …


Apr. 2004, Bic, Policy Update, Ppah Wbg To Lead Review, Bic Apr 2004

Apr. 2004, Bic, Policy Update, Ppah Wbg To Lead Review, Bic

IFC E&S Performance Standards

No abstract provided.


Sept. 25-26, 2004, Bic, Banktrack And Foe, Paper On Ifis, Ecas, Private Banks; A Triple Alliance, Bic Apr 2004

Sept. 25-26, 2004, Bic, Banktrack And Foe, Paper On Ifis, Ecas, Private Banks; A Triple Alliance, Bic

IFC E&S Performance Standards

No abstract provided.


Apr. 2004, Bic, Wb To Lead Revision Of Private Sector Envtl Standards, Bic Apr 2004

Apr. 2004, Bic, Wb To Lead Revision Of Private Sector Envtl Standards, Bic

IFC E&S Performance Standards

No abstract provided.


When Nice Guys Finish First: The Evolution Of Cooperation, The Study Of Law, And The Ordering Of Legal Regimes, Neel P. Parekh Apr 2004

When Nice Guys Finish First: The Evolution Of Cooperation, The Study Of Law, And The Ordering Of Legal Regimes, Neel P. Parekh

University of Michigan Journal of Law Reform

This Note adds to the scholarship in the area of Evolutionary Analysis and the Law (EA). EA is a paradigm that comments on the implications of evolution on the law. EA recognizes that many complex human behaviors that the law seeks to regulate have evolutionary origins that remain relevant today. This Note details how an understanding of the evolutionary basis of cooperation can bring about favorable revisions and reforms in the law.

Following a review of the scientific foundation of EA, this Note sets forth the proposition that humans have an evolutionarily developed tendency to cooperate, an idea that contrasts …


Enforcing Brown In The Little Rock Crisis, Tony A. Freyer Apr 2004

Enforcing Brown In The Little Rock Crisis, Tony A. Freyer

The Journal of Appellate Practice and Process

No abstract provided.


Symposium Discussion Apr 2004

Symposium Discussion

The Journal of Appellate Practice and Process

No abstract provided.


Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson Apr 2004

Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson

The Journal of Appellate Practice and Process

No abstract provided.


A Time To Lose, D. P. Marshall Jr. Apr 2004

A Time To Lose, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.


Introduction: Brown In The Supreme Court, Dennis J. Hutchinson Apr 2004

Introduction: Brown In The Supreme Court, Dennis J. Hutchinson

The Journal of Appellate Practice and Process

No abstract provided.