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Full-Text Articles in Law

Risks And Realities Of Mezzanine Loans, Andrew R. Berman Jan 2007

Risks And Realities Of Mezzanine Loans, Andrew R. Berman

Articles & Chapters

The last decade has witnessed an astounding increase in new real estate financing techniques, including mezzanine loans. These new financings are not directly secured by real estate and do not even directly involve land. In the real estate industry, mezzanine financing typically refers to a loan secured principally by the borrower's equity in other entities. Both economically and legally, the value of the mezzanine borrower's collateral derives solely from its indirect ownership of the underlying property.

This article provides a detailed description of the legal structure of mezzanine loans. In addition, this article evaluates the hazards, legal risks and uncertainties …


But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker Jan 2007

But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker

Articles & Chapters

Based upon the nearly unanimous recommendation of its Death Penalty Study Commission, New Jersey seems poised to become the first state in the modern era to legislatively abolish capital punishment and substitute life without parole. Hailed nationally and internationally as thoughtful and fair, the Commission's final report consistently distorts the evidence, displays an anti-retributive bias, and worst of all, ignores basic well-established perspectives framing the great debate, avoiding at all costs the question of justice.

Unbalanced and biased, the Commission does not even consider any alternative to abolition or standing pat. This essay directly engages the Report on its findings …


Regulation Of Municipal Wi-Fi, Michael Botein Jan 2007

Regulation Of Municipal Wi-Fi, Michael Botein

Articles & Chapters

No abstract provided.


The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait Jan 2007

The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait

Articles & Chapters

The recently published Urban Lawyers: The New Social Structure of the Bar by John P. Heinz, Robert L. Nelson, Rebecca L. Sandefur, and Edward O. Laumann documents that the legal profession is largely divided into two hemispheres, where lawyers on one side represent large organization, primarily corporations, and practice in large firms, while on the other side, they represent individuals and small businesses and practice in small firms or as solo practitioners. More and more of the total of legal fees has been going to the big-firm, corporate sector, and the incomes in this sphere have been increasing dramatically. Meanwhile, …


The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait Jan 2007

The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait

Articles & Chapters

After Crawford v. Washington asserted that the Confrontation Clause constitutionalized the common law right of confrontation, cases have been suggested that illustrate that right. This short essay considers whether the 1779 English case Rex v. Brasier is such a decision, as some contend. The essay concludes that Brasier says nothing about the right of confrontation and points to a comparable framing-era, American case that indicates that general rules about hearsay and confrontation were not at issue. The essay maintains that if the historical understandings of the right of confrontation and hearsay are to control the Confrontation Clause, then framing-era, American …


Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank W. Munger Jan 2007

Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank W. Munger

Articles & Chapters

No abstract provided.


Culture, Power, And Law: Thinking About The Anthropology Of Rights In Thailand In And Era Of Globalization, Frank W. Munger Jan 2007

Culture, Power, And Law: Thinking About The Anthropology Of Rights In Thailand In And Era Of Globalization, Frank W. Munger

Articles & Chapters

No abstract provided.


Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews Jan 2007

Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews

Articles & Chapters

In South Africa, post-apartheid legislation promulgated in pursuit of the constitutional commitment to equality demonstrates that the government, at least at the formal level, is committed to a comprehensive democratic framework that promotes such equality. Statutes such as the Promotion of Equality and the Prevention of Unfair Discrimination Act, the Prevention of Domestic Violence Act, and the Black Empowerment Act amongst others, attest to the commitment of such a vision. In addition, statutes such as the Recognition of Customary Marriages Act, that purport to protect women in polygamous African customary unions, suggest that the South African Parliament is deeply committed …


Learning To Love After Learning To Harm: Post-Conflict Reconstruction, Gender Equality And Cultural Values, Penelope Andrews Jan 2007

Learning To Love After Learning To Harm: Post-Conflict Reconstruction, Gender Equality And Cultural Values, Penelope Andrews

Articles & Chapters

The question that the Jacob Zuma rape trial and its aftermath raised was how a country like South Africa, with such a wonderful Constitution and expansive Bill of Rights, could generate such negative and retrogressive attitudes towards women. In line with this inquiry, this article raises three issues: The first focuses on the legacy of apartheid violence and specifically the cultures of masculinity, the underbelly of apartheid violence. Second, the article explores the findings of the Truth and Reconciliation Commission (TRC), a vital part of the post-apartheid transformation agenda, to examine how the TRC pursued violations of women's human rights. …


Treble Damages In National Health Service Corps Contracts, Public Policy, And Hawronsky V. Commissioner, Richard C.E. Beck Jan 2007

Treble Damages In National Health Service Corps Contracts, Public Policy, And Hawronsky V. Commissioner, Richard C.E. Beck

Articles & Chapters

No abstract provided.


The Failure Of Innocent Spouse Reform, Richard C.E. Beck Jan 2007

The Failure Of Innocent Spouse Reform, Richard C.E. Beck

Articles & Chapters

No abstract provided.


Law In The Plays Of Elmer Rice, Randolph N. Jonakait Jan 2007

Law In The Plays Of Elmer Rice, Randolph N. Jonakait

Articles & Chapters

While novels, short stories, television shows, movies, and classic dramas are often analyzed for insights into the law, modern plays are seldom similarly examined. The plays of Elmer Rice, however, should be discussed by those interested in our legal system. Rice, although now largely forgotten, was a leading playwright of the last century. He was a law school graduate, and his work often incorporated legal themes. His plays provide provocative commentaries about the law and raise dilemmas about justice and ethics that resonate today. This essay explores the interplay between plays and the law by examining the life and work …


Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold Jan 2007

Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold

Articles & Chapters

Over the past thirty years, statutes have reversed the common law and authorized private conservation organizations to hold conservation easements "in gross." These interests allow nonprofits to control the use and development of the burdened property by preventing alterations of the natural and ecological features. Conservation easements can be held by organizations geographically distant from the restricted land.

Conservation easements bring great benefits as they support conservation, represent private initiative, yield efficiency benefits, and exemplify freedom of choice of property owners. There are costs, however: significant federal and state tax subsidies, the lack of coordinated planning and public process, class …


The Modern-Day Poll Tax: How Economic Sanctions Block Access To The Polls, Erika L. Wood, Neema Trivedi Jan 2007

The Modern-Day Poll Tax: How Economic Sanctions Block Access To The Polls, Erika L. Wood, Neema Trivedi

Articles & Chapters

No abstract provided.