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- Scholarly Articles in Law Reviews & Journals (111)
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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
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
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
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
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
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
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
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
Sustainable Development Law & Policy
No abstract provided.
Prior Informed Consent In The Convention On Biological Diversity-Bonn Guidelines: National Implementation In Colombia, Adriana Casas
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
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
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
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
Sustainable Development Law & Policy
No abstract provided.
Human Rights Hero - Coretta Scott King, Stephen Wermiel
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
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
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
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
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
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
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
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
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
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
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
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
Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Extending The Revisionist Project, Lewis Grossman
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
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
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
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.