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"That Man Is You!" The Juristic Person And Faithful Love, Scott T. FitzGibbon 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. 2009 Pepperdine University

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, Maureen A. Weston Prof. 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 2009 University of Wyoming

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, Thomas A. Faunce, James Bai, Duy Nguyen 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., Thomas A. Faunce, Hitoshi Nasu 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, Deepa Badrinarayana 2009 Chapman University

Transporting India Into A New Climate: The Implications For Energy Law And Policy, Deepa Badrinarayana

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, Maxwell A. Cameron, Kenneth E. Sharpe 2009 University of British Columbia

Andean Left Turns: Constituent Power And Constitution-Making, Maxwell A. Cameron, Kenneth E. Sharpe

Maxwell Cameron

"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, Tom Ginsburg 2009 University of Chicago

Lawrence Friedman’S Comparative Law, Tom Ginsburg

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, 2009 Selected Works

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, Alani Golanski 2009 Weitz & Luxenberg, P.C.

Paradigm Shifts In Products Liability And Negligence, Alani Golanski

Alani Golanski

Three interrelated paradigm shifts are currently at play within products liability law. The first results from the tort reform movement’s heated efforts at dramatically restricting compensatory rights and options. The second arises from the countervailing effort to preserve products accountability by relinquishing no-fault strict-liability theories. The article’s resulting treatment of negligence introduces the third paradigm shift, by which the elements of accident law are restated more accurately. This shift from the traditional negligence formula will hone the reader’s ability to analyze tort law agendas, and the new analysis is here applied in critiquing three major initiatives in ...


The Unrecognized Dominance Of Law In Morality: The Case Of Promises, Ronit Donyets-Kedar 2009 Academic Center of Law and Business, Israel

The Unrecognized Dominance Of Law In Morality: The Case Of Promises, Ronit Donyets-Kedar

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, Richard Leo, K. Alexa Koenig 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 2009 Selected Works

La Prioridad Del Respeto: Cómo Nuestra Humanidad Común Puede Fundamentar Nuestra Dignidad Individual, Richard Stith

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, Ann M. Killenbeck 2009 University of Arkansas, Fayetteville

The Devil Is In The Lack Of Details, Ann M. Killenbeck

Ann Killenbeck

In an interesting and potentially important article, Professor Deirdre M. Bowen declares that her goal "is to scrutinize what happens when the judiciary and anti-affirmative action activist groups exploit color blindness to rationalize away affirmative action admissions policies."' She argues that her research and her study demonstrate that "reactionary 'color blindness' does not actually show that "affirmative action is no longer necessary." Instead, she believes the results of her study establish that anti-affirmative action forces have embraced an "ideal [that] does not appear to exist" and are "promoting a deeply flawed discourse [by asserting] that affirmative action causes stigma."

My ...


Youtube, Ugc, And Digital Music: Competing Business And Cultural Models In The Internet Age, Olufunmilayo B. Arewa 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, Justine Pila 2009 University of Oxford

The Requirement For An Invention In Patent Law, Justine Pila

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, Carter Dillard 2009 Emory University

Procreation, Harm, And The Constitution, Carter Dillard

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, Keith Swisher 2009 Arizona Summit Law School

Pro-Prosecution Judges: "Tough On Crime," Soft On Strategy, Ripe For Disqualification, Keith Swisher

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, Julia M. Glencer 2009 Duquesne University School of Law

The Fruits Of Hope: Student Evaluations, Julia M. Glencer

Julia M. Glencer

No abstract provided.


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