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1996

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Articles 1 - 30 of 32

Full-Text Articles in Law

Criminal Procedure: Examples And Expanations, Robert Bloom, Mark Brodin Oct 2013

Criminal Procedure: Examples And Expanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.


Revisiting Apso: Improving The System For Releasing Genuine Asylum Seekers From Detention, Beth Lyon, Michele Pistone Jul 1996

Revisiting Apso: Improving The System For Releasing Genuine Asylum Seekers From Detention, Beth Lyon, Michele Pistone

Michele R. Pistone

No abstract provided.


Asylum Filing Deadlines: Unfair And Unnecessary, Michele Pistone Jul 1996

Asylum Filing Deadlines: Unfair And Unnecessary, Michele Pistone

Michele R. Pistone

No abstract provided.


The Constitutional Law Of The European Union, John Murphy, James Dinnage Jul 1996

The Constitutional Law Of The European Union, John Murphy, James Dinnage

John F. Murphy

No abstract provided.


On The Naming Of Paranoia In Legal Scholarship, David Caudill Jul 1996

On The Naming Of Paranoia In Legal Scholarship, David Caudill

David S Caudill

No abstract provided.


Institutional Investors, Registration Rights, And The Specter Of Liability Under Section 11 Of The Securities Act Of 1933, Jennifer O'Hare Jul 1996

Institutional Investors, Registration Rights, And The Specter Of Liability Under Section 11 Of The Securities Act Of 1933, Jennifer O'Hare

Jennifer O'Hare

No abstract provided.


Jangling The Keys To The Kingdom: Some Reflections On The Crucible, On An American Constitutional Paradox And On Australian Judicial Review, Penelope Pether Jul 1996

Jangling The Keys To The Kingdom: Some Reflections On The Crucible, On An American Constitutional Paradox And On Australian Judicial Review, Penelope Pether

Penelope J Pether

No abstract provided.


Female Delinquents: Defining Their Place In The Justice System, Anne Poulin Jul 1996

Female Delinquents: Defining Their Place In The Justice System, Anne Poulin

Anne Poulin

No abstract provided.


Second Annual Lloyd K. Garrison Lecture On Environmental Law: Using Property Rights To Attack Environmental Protection, Joseph Sax Dec 1995

Second Annual Lloyd K. Garrison Lecture On Environmental Law: Using Property Rights To Attack Environmental Protection, Joseph Sax

Joseph L. Sax

No abstract provided.


Women (Under)Development : The Relevance Of The "Right To Development" To Poor Women Of Color In The United States, Hope Lewis Dec 1995

Women (Under)Development : The Relevance Of The "Right To Development" To Poor Women Of Color In The United States, Hope Lewis

Hope Lewis

This essay, written during a time of Clinton-era welfare reform, was an attempt to reimagine South-North roles. What if "right to development" analysis were applied to poor women of color living in the United States? Some see the right to development as an anachronism in the face of the apparent globalization of market-based economic development. However, “development” in the narrow form of a thriving industrial sector, reliable infrastructure, and steady economic growth, remains beyond the reach of many nations - particularly the poorest African nations. More important, the broader goals of human development - access to basic needs and an improved quality ...


The Impact Of Tax Rules On Corporate Governance, Hugh Ault Dec 1995

The Impact Of Tax Rules On Corporate Governance, Hugh Ault

Hugh J. Ault

No abstract provided.


Sources Of Law, John Hyson Dec 1995

Sources Of Law, John Hyson

John Hyson

No abstract provided.


Law Librarianship, Filippa Anzalone Dec 1995

Law Librarianship, Filippa Anzalone

Filippa Marullo Anzalone

No abstract provided.


Stillborn Enterprises: Calculating Expectation Damages Using Forensic Economics, Roger Abrams, Donald Welsch, Bruce Jonas Dec 1995

Stillborn Enterprises: Calculating Expectation Damages Using Forensic Economics, Roger Abrams, Donald Welsch, Bruce Jonas

Roger I. Abrams

In this jointly-authored article, Dean Abrams and forensic economists Donald Welsch and Bruce Jonas explain how the tools of forensic economics can be used to calculate expectation damages for stillborn enterprise. A breach of contract or tortuous misconduct may prevent a business from beginning operations. Courts are often asked to determine what damages have been suffered, but without a track record of performance that determination is often left uncertain. This article offers a formula that lawyers and experts can use to make these determinations with “reasonable certainty.”


Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield Dec 1995

Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield

Kent Greenfield

Reprinted in Boston College Law School Magazine 5 (Fall 1996): 27- 31


The System Worked: Our Schizophrenic Stance On Welfare, Robert Tsai Dec 1995

The System Worked: Our Schizophrenic Stance On Welfare, Robert Tsai

Robert L Tsai

This is a review of Steven M. Teles's book, Whose Welfare? AFDC and Elite Politics (University Press of Kansas, 1996), which argues that welfare policy reflects a dynamic of elite dissensus, in which public policy fails to reflect popular opinion. I make two central points in the review: first, there are reasons to believe that welfare policy does, in fact, reflect a deeply conflicted American electorate; and second, such a conflict may reveal a healthy deliberative order struggling to reconcile changing priorities with enduring values.


The Empirical Legal Research Initiative: An Interim Report To The Academy, Robert Bennett, Jordan Leibman, Richard Fetter Dec 1995

The Empirical Legal Research Initiative: An Interim Report To The Academy, Robert Bennett, Jordan Leibman, Richard Fetter

Robert B. Bennett

Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the article or borrow it from a local library.


Digital Oral Culture, Tom Bell Dec 1995

Digital Oral Culture, Tom Bell

Tom W. Bell

No abstract provided.


Recent Publication, 21 Yale Journal Of International Law 502 (Reviewing M. Sornarajah, The Law Of Foreign Investment (1994)), Anil Kalhan Dec 1995

Recent Publication, 21 Yale Journal Of International Law 502 (Reviewing M. Sornarajah, The Law Of Foreign Investment (1994)), Anil Kalhan

Anil Kalhan

No abstract provided.


A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer Dec 1995

A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer

Charles H. Baron

Despite laws in many states prohibiting assisted suicide, an unknown but significant number of people each year commit suicide with the aid of a physician. In recent years, the phenomenon of physician-assisted suicide has attracted greater attention as physicians have openly risked prosecution to shed light on the subject, advocates have raised a series of legal challenges to laws banning assisted suicide, and a federal judge has struck down the nation's first statute allowing physicians to assist patients in suicide. In this Article, nine authors from the fields of law, medicine, philosophy and economics propose a comprehensive statute to ...


The New Private Law: An Introduction, Julie Nice Dec 1995

The New Private Law: An Introduction, Julie Nice

Julie A. Nice

This essay is an introduction to a Symposium on The New Private Law. Professor Nice defines New Private Law as including deregulation, decentralization, privatization, and contractualization, and as reflecting a normative regime that both recognizes a distinction between public and private domains and prefers the ordering of the private market to that of public decision-makers. She argues the preference for the private domain seems, at least, to tolerate inequality, and at worst, to reify existing power hierarchies. At the specific level, she describes the debate over privatization of welfare, with proponents claiming it costs less because of greater flexibility and ...


Criminal Procedure: Examples And Expanations, Robert Bloom, Mark Brodin Dec 1995

Criminal Procedure: Examples And Expanations, Robert Bloom, Mark Brodin

Robert M. Bloom

No abstract provided.


Date Rape And The Law: Another Feminist View, Catharine Wells Dec 1995

Date Rape And The Law: Another Feminist View, Catharine Wells

Catharine P. Wells

No abstract provided.


The Texaco Case, Copyright Law And The Developments Of 1995-1996, Sarah Wiant Dec 1995

The Texaco Case, Copyright Law And The Developments Of 1995-1996, Sarah Wiant

Sarah K. Wiant

No abstract provided.


Calling Off The Lynch Mob: The Corporate Director's Fiduciary Disclosure Duty, Lawrence Hamermesh Dec 1995

Calling Off The Lynch Mob: The Corporate Director's Fiduciary Disclosure Duty, Lawrence Hamermesh

Lawrence A. Hamermesh

No abstract provided.


El Control De Constitucionalidad En Los Estados Unidos De Norteamérica, Robert Barker, V. Bazan Dec 1995

El Control De Constitucionalidad En Los Estados Unidos De Norteamérica, Robert Barker, V. Bazan

Robert S. Barker

No abstract provided.


Legal Education In The 1990s, Louise L. Hill Dec 1995

Legal Education In The 1990s, Louise L. Hill

Louise L Hill

No abstract provided.


Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman Dec 1995

Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman

Mary Ellen Maatman

This article at 13 Hofstra Labor Law Journal 269 (1996) considers and critiques the treatment of difference under federal antidiscrimination law by discussing and applying key insights from the "Deaf Culture" movement and its scholarship.


Lawyer Publicity In The European Union: Bans Are Removed But Barriers Remain, Louise L. Hill Dec 1995

Lawyer Publicity In The European Union: Bans Are Removed But Barriers Remain, Louise L. Hill

Louise L Hill

The publicity rules of legal professions in the Member States of the European Union (EU) vary greatly, particularly with respect to regulations associated with lawyer advertising. Publicity rules which vary in breadth and scope are problematic for the EU lawyer engaging in cross-border practice, especially when a home state lawyer advertising rule is more restrictive than that of a host state. "Lawyer Publicity in the European Union: Bans are Removed But Barriers Remain," addresses the evolution of doctrines relating to the legal profession in EU countries. The article sets forth the structure of legal professions in twelve EU Member States ...


Beyond Arbitration: Innovation And Evolution In The United States Construction Industry, Thomas J. Stipanowich Dec 1995

Beyond Arbitration: Innovation And Evolution In The United States Construction Industry, Thomas J. Stipanowich

Thomas J. Stipanowich

Disagreement among contracting parties has a rich tradition in the construction industry, which has been at the forefront of creating and experimenting with alternatives to litigation. In this article, Professor Stipanowich examines traditional alternatives to litigation utilized by the construction industry, including summary adjudication by design professionals, arbitration, mediation, minitrial, dispute review boards, early neutral evaluation, and partnering. After analyzing the results from the 1991 ABA-sponsored survey on dispute resolution in the construction industry, the author presents data from the 1994 Multidisciplinary Study on Dispute Avoidance and Resolution in the Construction Industry, a landmark study of which the author was ...