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Articles 1 - 18 of 18
Full-Text Articles in Law
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Deborah M. Weissman
The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …
The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver
The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver
Carole Silver
This article contriubtes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000. The various roles …
Emergencia, Derecho , Justicia Y Seguridad Jurídica, Horacio M. Lynch
Emergencia, Derecho , Justicia Y Seguridad Jurídica, Horacio M. Lynch
Horacio M. LYNCH
Análisis de la respuesta judicial a la crisis económica de 2002 involucrando, entre otras, las siguientes cuestiones: los amparos, su tramitación, y sus secuelas; la declaración de la inconstitucionalidad de oficio, "órdenes imposibles de cumplir", la colisión de derechos; y cuestiones político institucionales, como la gobernabilidad y el gobierno de los jueces.
The Cra Implications Of Predatory Lending
The Cra Implications Of Predatory Lending
Patricia A. McCoy
This article considers the Community Reinvestment Act's role in combating predatory lending. It provides an overview of the CRA, explains how CRA-covered lenders may enable predatory lending and explores the relationship between the CRA, federal subsidies and predatory lending. The article concludes that the CRA should be used to penalize lenders that engage in predatory lending and recommends that federal bank regulators use CRA to sanction behavior that could encourage further predatory lending.
Entrance, Voice And Exit: The Constitutional Bounds Of The Right Of Association, Evelyn Brody
Entrance, Voice And Exit: The Constitutional Bounds Of The Right Of Association, Evelyn Brody
Evelyn Brody
Despite the central role of organized groups as intermediary bodies in American society, the constitutional right of association is surprisingly recent and limited. As the Supreme Court struggles to define the bounds of 'the' freedom of association, it is time to take a critical look at a difficult set of questions. First, many private organizations engage in various types of selection criteria, but what subjects the Jaycees to State anti-discrimination laws but insulates the Boy Scouts of America? Second, the typical American nonprofit organization is a corporation that lacks both shareholders and members, so are there any 'associates' whose rights …
A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan
A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan
Felice J Batlan
Linguistics In Law, Alani Golanski
Linguistics In Law, Alani Golanski
Alani Golanski
The "new textualism" is amenable to the use of linguists in legal cases. New textualists seek to interpret statutes "objectively," according to the "plain meaning" of the statutory terms; these jurists and scholars see plain-meaning analysis as linguistics, and linguistics as science. Law and linguistics pursue different ends, however, and linguists construing statutes will miss legally decisive issues. Modern linguistics theory is an area of central concern to cognitive psychologists as well as philosophers of mind and language. While not hegemonic, Chomsky's psychological program influences modern linguistics, and the linguist's approach often leads in a different direction from that taken …
A Survey Of Federal Agency Response To President Clinton's Executive Order No. 12898 On Environmental Justice, Robert R.M. Verchick, Denis Binder, Colin Crawford, Eileen Gauna, M. Casey Jarman, Alice Kaswan, Bradford Mank, Catherine O'Neill, Cliff Rechtschaffen
A Survey Of Federal Agency Response To President Clinton's Executive Order No. 12898 On Environmental Justice, Robert R.M. Verchick, Denis Binder, Colin Crawford, Eileen Gauna, M. Casey Jarman, Alice Kaswan, Bradford Mank, Catherine O'Neill, Cliff Rechtschaffen
Robert R.M. Verchick
No abstract provided.
Theorizing The Connections Among Systems Of Subordination, Nancy Levit
Theorizing The Connections Among Systems Of Subordination, Nancy Levit
Nancy Levit
Theorizing the Connections Among Systems of Subordination introduces a symposium that addresses issues on the leading edge of identity theory, race theory, and critical social theory. It explains the concepts of anti-essentialism, intersectionality, multiple consciousness, multi-dimensionality, and post-intersectionality. It investigates the ways specific types of oppression - such as racism, sexism, classism, and homophobia - support and feed off of one another. It explores the dynamics of subordination that make different forms of subordination connected to each other - the mechanisms by which subordinating systems buttress each other. Where one sees sexism, one frequently can find racism; where classism exists, …
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant Garth
The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant Garth
Carole Silver
No abstract provided.
Informed Consent And Patients' Rights In Japan: 2001 Epilogue, Robert B. Leflar
Informed Consent And Patients' Rights In Japan: 2001 Epilogue, Robert B. Leflar
Robert B Leflar
Japan is on a steeper trajectory toward the incorporation of informed consent principles into medical practice than the “gradual transformation” observed in a 1996 article, Informed Consent and Patients’ Rights in Japan. Among the most significant recent developments from 1996 to 2001 have been these seven: (1) the 1997 enactment of the Organ Transplantation Law permitting the use of brain death criteria in limited circumstances in which informed consent is present; (2) the strengthening of patients’ rights in clinical drug trials; (3) the continued trend toward increasing disclosure to patients of cancer diagnoses; (4) initiatives by the health ministry toward …
Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimene I. Keitner
Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimene I. Keitner
Chimene I Keitner
No abstract provided.
James Heckman As A Law & Society Scholar: An Outsider’S Appreciation, Peter Siegelman
James Heckman As A Law & Society Scholar: An Outsider’S Appreciation, Peter Siegelman
Peter Siegelman
No abstract provided.
Reparations Theory And Postcolonial Puerto Rico: Some Preliminary Thoughts, Pedro A. Malavet
Reparations Theory And Postcolonial Puerto Rico: Some Preliminary Thoughts, Pedro A. Malavet
Pedro A. Malavet
Applying recent Critical Race Theory reparations discourse to inform Puerto Rico's transition to any one of the three legitimate post-colonial status options.
September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer
September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer
Nancy J. Knauer
The September 11 relief efforts present a unique prism through which to view the status of same-sex relationships and to consider which families count when the United States is supposedly at its most generous, most united, and most injured. On a basic human level, would the nation grieve for Peggy Neff, who lost her partner of 18 years when Flight 77 crashed into the Pentagon, as it had for the widow of a fire fighter? Would Neff be eligible to file a claim with the multi-billion dollar federal September 11 Victim Compensation Fund, which Congress established to compensate victims and …
Other States Should "Get With The Program" And Follow Louisiana's Lead: An Examination Of Louisiana's Direct Action Statute And Its Application In The Marine Insurance Industry, Jonathan C. Augustine
Other States Should "Get With The Program" And Follow Louisiana's Lead: An Examination Of Louisiana's Direct Action Statute And Its Application In The Marine Insurance Industry, Jonathan C. Augustine
Jonathan C. Augustine
Generally speaking, an insurance agreement is a contractual obligation between two parties, the insured, who pays a premium for the benefit of coverage, and its insurer, who receives the payment and issues a guarantee against loss. Accordingly, by strict definition, the contract of insurance and the insured’s consequential ability to recover for sustained damages is limited as a two party agreement. The Louisiana legislature has been forward thinking in the field of insurance. The state enacted a “direct action statute,” allowing aggrieved third parties to proceed directly against insurers in either tort or contract, for the recovery of damages, when …
Richard Riordan And Los Angeles Charter Reform.Pdf, Matthew J. Parlow
Richard Riordan And Los Angeles Charter Reform.Pdf, Matthew J. Parlow
Matthew Parlow