"That Man Is You!" The Juristic Person And Faithful Love, 2009 Boston College Law School
"That Man Is You!" The Juristic Person And Faithful Love, Scott T. Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.
Maureen A Weston
Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.
Under USADA rules, an American athlete accused of doping may request an arbitration hearing ...
The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, 2009 Pepperdine University
The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, Maureen A. Weston Prof.
Maureen A Weston
In Hall Street Associates, L.L.C. v. Mattel, Inc., the U.S. Supreme Court held that the Federal Arbitration Act (FAA) provided the exclusive grounds for judicial vacatur and modification of arbitral awards covered under the Act. In so ruling, the Court rejected the contention that the FAA’s requirement to enforce arbitration contracts as written includes private contracts that seek to expand the scope of judicial review beyond the grounds enumerated in the FAA. Despite holding that parties cannot expand a court’s power to review an arbitration award under the FAA, the Court alluded to the possibility ...
Canaries In The Coal Mine: The Tactical Use Of The National Labor Relations Act To Aid In The Protection Of Workers Exposed To Pollutants, Michael C. Duff
Michael C Duff
In this short piece - presented at the 2010 Shepard Symposium on Social Justice - I discuss environmental justice from the perspective of protecting workers from dangerous substances in the work place. It seems obvious that this kind of protection plays a role in guarding the environment for the community at large. It may contribute to a broader environmental justice discussion to underscore that production workers are often the first members of the community to become aware of the presence and intended uses of dangerous pollutants. Whether employed in tasks involving the manufacture or distribution of such substances, workers have obvious incentives ...
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, 2009 Australian National University
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Thomas A Faunce
The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, as well as ...
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., 2009 Australian National University
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu
Thomas A Faunce
The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on ...
Transporting India Into A New Climate: The Implications For Energy Law And Policy, 2009 Chapman University
Transporting India Into A New Climate: The Implications For Energy Law And Policy, Deepa Badrinarayana
Abstract: India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India ...
Andean Left Turns: Constituent Power And Constitution-Making, 2009 University of British Columbia
Andean Left Turns: Constituent Power And Constitution-Making, Maxwell A. Cameron, Kenneth E. Sharpe
"Cameron and Sharpe begin with the observation that Latin American left turns have occurred within the framework of electoral democracy, and that the concerns about the 'illiberalism' of the left (or indeed of some Latin American democracies generally) are belied by a remarkable commitment to constitutionalism on the part of precisely those leaders who have emerged in countries where liberal and republican institutions have historically been most weak: the Andes. Yet the commitment to constitutionalism can limit the possibilities for fundamental reform. Cameron and Sharpe see the allure of 'constituent power' as a formula for attempting 'foundational' change without revolutionary ...
Lawrence Friedman’S Comparative Law, 2009 University of Chicago
Lawrence Friedman’S Comparative Law, Tom Ginsburg
For over four decades, Lawrence Friedman has been one of the key figures in American law and society studies, as well as the country’s leading legal historian. His unique vantage point has brought him into contact with a wide range of subfields in legal studies, including comparative law. Though he has never published in the leading journals of the discipline, Friedman’s series of book chapters and articles commenting on the field of comparative law have articulated a consistent and important methodological challenge. This essay elaborates Friedman’s comparative jurisprudence and argues that comparative law since the 1960s would ...
La Causa Como Posible Cláusula General Del Ordenamiento Jurídico En Las Aplicaciones Jurisprudenciales
Carlos Augusto Acosta Olivo
No abstract provided.
Paradigm Shifts In Products Liability And Negligence, 2009 Weitz & Luxenberg, P.C.
Paradigm Shifts In Products Liability And Negligence, Alani Golanski
The Unrecognized Dominance Of Law In Morality: The Case Of Promises, 2009 Academic Center of Law and Business, Israel
The Unrecognized Dominance Of Law In Morality: The Case Of Promises, Ronit Donyets-Kedar
Abstract The commonplace view is that moral thinking has significantly influenced legal theory, but law has had very little theoretical effect on morality. In this article, I attempt to show this is not so. Taking the inverse course in tracing the interrelations between law and morality – investigating morality from the perspective of law rather than examining law from the perspective of morality– I show, through the case of promises, that legal theory has greatly affected dominant strands of moral thought. By bringing to the fore the robust legal elements that guide some of the prevailing moral theories, my aim is ...
Police Interrogation And Coercion In Domestic American History: Lessons For The War On Terror, 2009 University of San Francisco School of Law
Police Interrogation And Coercion In Domestic American History: Lessons For The War On Terror, Richard Leo, K. Alexa Koenig
Richard A. Leo
The use of torture during interrogations conducted by U.S. special forces, military police, CIA agents, the FBI, and private contractors during the War on Terror has been widely documented. While many chroniclers of the use of torture have characterized its use as a dramatic break from the past, the use of torture by American interrogators and the tacit sanctioning by U.S. officials are not new. The routine use of torture by American domestic police during the early part of the twentieth century has been largely ignored by scholars who study contemporary uses of torture in the international context ...
La Prioridad Del Respeto: Cómo Nuestra Humanidad Común Puede Fundamentar Nuestra Dignidad Individual, Richard Stith
Revision of 2004 English version found below. En este ensayo consideramos que la prioridad de las personas, la infranqueable brecha politica entre las personas y las meras cosas, se corresponde con un tipo especial de tratamiento jurídico y político para las personas, a saber, su tratamiento como individuos irreemplazables. Aquel lenguaje normativo que confunde la categoría "persona " con clases fungibles de seres puede, entonces, parecer que justifica que se destruyan y sustituyan seres humanos, tal y como hacemos con las cosas. Por ejemplo, de la habitual pero impropia extensión de la palabra "valor" a las personas pueden resultar consecuencias fatales ...
The Devil Is In The Lack Of Details, 2009 University of Arkansas, Fayetteville
The Devil Is In The Lack Of Details, Ann M. Killenbeck
Youtube, Ugc, And Digital Music: Competing Business And Cultural Models In The Internet Age, 2009 University of California - Irvine
Youtube, Ugc, And Digital Music: Competing Business And Cultural Models In The Internet Age, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
YouTube, Facebook, MySpace, and other websites that contain user-generated content (UGC) have become key reference points in broader debates about copyright in the digital era. UGC websites and other digital era players have created much destruction of cultural industry business models. The rise of Web 2.0 thus poses significant challenges to pre-digital era cultural industry business models, particularly because UGC may contain copyright protected content. The challenges of YouTube and other websites containing UGC and video content follow experiences in the music arena. The music industry was the first of the cultural industries to con- front the digital era ...
The Requirement For An Invention In Patent Law, 2009 University of Oxford
The Requirement For An Invention In Patent Law, Justine Pila
This book offers an analysis of legal conceptions of the invention in UK patent law and their development from before the first English patent legislation of 1623 through the patent system’s recent phase of Europeanization. Its publication comes at a time of widespread uncertainty regarding the invention, which is the basic subject matter of patent protection in all jurisdictions, and the meaning of which is currently under review by the US Supreme Court, the Enlarged Board of Appeal of the European Patent Office, and the Australian Government. The central thesis of the book is that properly construed, the requirement ...
Procreation, Harm, And The Constitution, 2009 Emory University
Procreation, Harm, And The Constitution, Carter Dillard
This Essay provides relatively novel answers to two related questions: First, are there moral reasons to limit the sorts of existences it is permissible to bring people into, such that one would be morally prohibited from procreating in certain circumstances? Second, can the state justify a legal prohibition on procreation in those circumstances using that moral reasoning, so that the law would likely be constitutional?
These questions are not new, but my answers to them are and add to the existing literature in several ways. First, I offer a possible resolution to a recent debate among legal scholars regarding what ...
Pro-Prosecution Judges: "Tough On Crime," Soft On Strategy, Ripe For Disqualification, 2009 Arizona Summit Law School
Pro-Prosecution Judges: "Tough On Crime," Soft On Strategy, Ripe For Disqualification, Keith Swisher
In this Article, I take the most extensive look to date at pro-prosecution judges and ultimately advance the following, slightly scandalous claim: Particularly in our post-Caperton, political-realist world, “tough on crime” elective judges should recuse themselves from all criminal cases. The contextual parts to this claim are, in the main, a threefold description: (i) the "groundbreaking" Caperton v. A.T. Massey Coal decision, its predecessors, and its progeny; (ii) the judicial ethics of disqualification; and (iii) empirical and anecdotal evidence of pro-prosecution (commonly called "tough on crime") campaigns and attendant electoral pressures. Building on this description and the work of ...
The Fruits Of Hope: Student Evaluations, 2009 Duquesne University School of Law
The Fruits Of Hope: Student Evaluations, Julia M. Glencer
Julia M. Glencer
No abstract provided.