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Articles 121 - 150 of 211

Full-Text Articles in Legal History

The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan Franck Mar 2005

The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan Franck

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff Jan 2005

Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Women As Supreme Court Advocates, 1879-1979, Mary Clark Jan 2005

Women As Supreme Court Advocates, 1879-1979, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Techniques Available To Incorporate Transnational Components Into Traditional Law School Courses: Integrated Sections; Experiential Learning; Dual J.D.S; Semester Abroad Programs; And Other Cooperative Agreements, Claudio Grossman Jan 2005

Techniques Available To Incorporate Transnational Components Into Traditional Law School Courses: Integrated Sections; Experiential Learning; Dual J.D.S; Semester Abroad Programs; And Other Cooperative Agreements, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson Jun 2004

Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson

American University Law Review

No abstract provided.


Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay Jan 2004

Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Melanie Nakagawa, Kirk Herbertson Jan 2004

Editor's Note, Melanie Nakagawa, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.


Perceived Challenges To Recognition On Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank, Anne Deruyttere Jan 2004

Perceived Challenges To Recognition On Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank, Anne Deruyttere

Sustainable Development Law & Policy

No abstract provided.


Prior Informed Consent In The Convention On Biological Diversity-Bonn Guidelines: National Implementation In Colombia, Adriana Casas Jan 2004

Prior Informed Consent In The Convention On Biological Diversity-Bonn Guidelines: National Implementation In Colombia, Adriana Casas

Sustainable Development Law & Policy

No abstract provided.


Free, Prior And Informed Consent And The World Bank Group, Robert Goodland Jan 2004

Free, Prior And Informed Consent And The World Bank Group, Robert Goodland

Sustainable Development Law & Policy

No abstract provided.


Volume 4 Issue 2, Sustainable Development Law & Policy Jan 2004

Volume 4 Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Facilitating Prior Informed Consent Context Of Genetic Resources And Traditional Knowledge, Anne Perrault Jan 2004

Facilitating Prior Informed Consent Context Of Genetic Resources And Traditional Knowledge, Anne Perrault

Sustainable Development Law & Policy

This paper traces the evolution of free prior informed consent (“FPIC”) and describes the importance of FPIC to achieving the objectives of the Convention on Biological Diversity (“CBD”). It briefly highlights elements of current approaches to obtaining FPIC from national governments and local communities, identifies limitations to obtaining FPIC, and provides examples of how the Bonn Guidelines do and do not respond to these limitations. The paper does not provide a detailed analysis of all issues related to implementation of FPIC, but rather highlights issues that will, hopefully, promote constructive discussions to advance progress on the implementation of FPIC.


National Implementation Of The International Prior Informed Consent Procedures Concerning Hazardous Chemicals And Wastes, Masa Nagai Jan 2004

National Implementation Of The International Prior Informed Consent Procedures Concerning Hazardous Chemicals And Wastes, Masa Nagai

Sustainable Development Law & Policy

No abstract provided.


Human Rights Hero - Coretta Scott King, Stephen Wermiel Jan 2004

Human Rights Hero - Coretta Scott King, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll Jan 2004

Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

Many participants in the music industry consider unauthorized transmissions of music files over the Internet to be theft of their property. Many Internet users who exchange music files reject this characterization. Prompted by the dispute over unauthorized music distribution, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing music making in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some …


The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley Jan 2004

The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley

Scholarly Articles in Law Reviews & Journals

In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author-a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law's ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across …


Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer Jan 2004

Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Ten years after the Supreme Court decided Brown v. Board of Education, now a symbol of the beginning of the end of racial discrimination, Congress passed Title VII of the Civil Rights Act of 1964. Title VII opened the workplace to all races and women in ways that had not previously existed. While discrimination in the workplace has not disappeared in the forty years since Title VII's enactment, one sees minorities and women in a greater variety of jobs, and at higher levels, than one would have seen a generation ago. The promise of Brown, however, has not been …


Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent Oct 2003

Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent

American University Law Review

No abstract provided.


The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff Jan 2003

The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff

Scholarly Articles in Law Reviews & Journals

Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …


The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft Jan 2003

The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft

Scholarly Articles in Law Reviews & Journals

Throughout the 1990's, the approach of the European Union and the United States to the conflicts in the former Yugoslavia was one of coercive appeasement. By most professional and historical accounts, this approach was a failed one, with the consequences that over 250,000 civilians were killed, thousands raped and millions displaced. Throughout the conflict, the institutions of justice created by the international community frequently served as a mere placebo rather than an antidote to the dominant approach of coercive appeasement. Frequently key policymakers actively sought to constrain the role of justice during the peace building process. At times during the …


The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson Jan 2003

The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


International Law Issues In Death Penalty Defense, Richard J. Wilson Jan 2003

International Law Issues In Death Penalty Defense, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel Jan 2003

The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle Jan 2003

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle

Scholarly Articles in Law Reviews & Journals

INTRODUCTION The Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law …


Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander Apr 2002

Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander

American University Law Review

No abstract provided.


Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel Jan 2002

Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Extending The Revisionist Project, Lewis Grossman Jan 2002

Extending The Revisionist Project, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Human Rights Policy In The Age Of Terrorism, Juan E. Mendez Jan 2002

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


James Coolidge Carter And Mugwump Jurisprudence, Lewis Grossman Jan 2002

James Coolidge Carter And Mugwump Jurisprudence, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

This article examines the thought of James Coolidge Carter, a leading legal theorist, practicing attorney, and political reformer of the Gilded Age, most famous for his resistance to codification. Carter, like many elite legal figures in the late nineteenth century, belonged to the genteel urban political culture known as the Mugwumps. I show how Carter's suspicion of legislators, his faith in courts, his equation of the common law with custom, and his condemnation of legislation inconsistent with custom, reflected his Mugwump world view. I also explore how Carter, like other Mugwumps, struggled to accommodate traditional modes of thought to the …


Ethical And Humanitarian Concerns Add A New Dimension To International Security In The Post-Cold War World, Juan E. Mendez Jan 2001

Ethical And Humanitarian Concerns Add A New Dimension To International Security In The Post-Cold War World, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.