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Full-Text Articles in Law

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver Oct 2002

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 …


The Cra Implications Of Predatory Lending Mar 2002

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.


A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan Jan 2002

A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan

Felice J Batlan

Closely examining a range of New York Court of Appeals police‐power cases during the period 1885 to 1905, this article demonstrates that the New York Court had a long history of accepting and continually expanding the police power. In these police‐power cases, one finds the court grappling with an evolving sense of how to balance the concept of and need for a well‐regulated society against the rights of an individual in an increasingly complex and interconnected world, as well as a tenacious refusal to abandon Victorian bourgeois norms regarding the dichotomy between the home and workplace. By contextualizing and historicizing …


The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant Garth Dec 2001

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 Dec 2001

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 Dec 2001

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 Dec 2001

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 Dec 2001

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 Dec 2001

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 Dec 2001

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 Dec 2001

Richard Riordan And Los Angeles Charter Reform.Pdf, Matthew J. Parlow

Matthew Parlow

When the new City Charter took effect on July 1, 2000, Los Angeles cast aside a seventy-five year old governing structure in favor of a streamlined system more reflective of the political realities of a twenty-first century metropolis. It was in many ways a typical Los Angeles moment. Dissatisfied with a municipal institution designed for another age, voters looked to the future and embraced sweeping changes in the fundamental operations of the city. Fully sixty percent of voters rejected a venerable but outdated document and chose a new but unproven one. More importantly, voters opted for legislation that reflected the …