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Articles 1 - 30 of 33
Full-Text Articles in Law
The Death Penalty As Delineated By The Old Testament: From Adam And Eve To Cain And Abel To Noah And The Flood To Abraham And Sodom To Moses And The Ten Commandments, Biblical Passages Trace The Roots For How Modern Society Deals With The Execution Of Killers, Robert Blecker
Other Publications
No abstract provided.
Compagnie Noga D'Importation V. Russian Federation, 361 F. 3d 676 - Court Of Appeals, 2nd Circuit 2004, Roger J. Miner '56
Compagnie Noga D'Importation V. Russian Federation, 361 F. 3d 676 - Court Of Appeals, 2nd Circuit 2004, Roger J. Miner '56
Circuit Court Opinions
In these consolidated appeals, we are confronted with the issue of whether a foreign arbitration award can be confirmed and enforced against a sovereign nation where the arbitration agreement was signed by an organ of that nation's central government and where that organ — and not the nation itself — participated in the underlying arbitration proceedings. Specifically, plaintiff-appellant Compagnie Noga D'Importation et D'Exportation S.A. ("Noga") sought to confirm and enforce a Swedish arbitration award against defendant-appellee Russian Federation. The 678*678 Russian Federation opposed confirmation principally on the ground that it was a party to neither the arbitration agreement nor …
Us V. Harrington, 354 F. 3d 178 - Court Of Appeals, 2nd Circuit 2004, Roger J. Miner '56
Us V. Harrington, 354 F. 3d 178 - Court Of Appeals, 2nd Circuit 2004, Roger J. Miner '56
Circuit Court Opinions
Defendant-appellant Christopher Main appeals from a judgment entered in the United States District Court for the District of Vermont (Murtha, C.J.), following a plea of guilty, convicting Main of mail fraud and conspiracy to distribute and to possess with intent to distribute various controlled substances, sentencing him principally to 324 months' imprisonment, and ordering restitution of $29,211.50. Once again, we are faced with the complexities involved in striking a balance between enforcing strict adherence to the provisions of Fed.R.Crim.P. 11 and disregarding variances from the rule that do not affect defendants' substantial rights.
In July 1999, during Main's plea …
The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer
The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer
Articles & Chapters
No abstract provided.
Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner '56
Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner '56
Lawyers and the Legal Profession
No abstract provided.
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Articles & Chapters
With this Article, I hope to motivate state legislators to enact responsible, practical compensation statutes and encourage courts to entertain state law and civil rights claims brought by those who have been unjustly convicted and later exonerated. I begin by looking at the reasons for enacting compensation statutes: uniformity, practicality, popular support, and fairness. Next, I dissect the arguments raised by opponents. Finally, I turn to recent judicial decisions hinting that courts may be stepping in where legislatures fear to tread.
Cancellation Of Debt And Other Incidential Items Of Income: Puritan Tax Rules In The U.S., Richard C.E. Beck
Cancellation Of Debt And Other Incidential Items Of Income: Puritan Tax Rules In The U.S., Richard C.E. Beck
Articles & Chapters
This article examines some miscellaneous and incidental forms of income from a comparative point of view. It appears that U.S. law includes as income more types of incidental items than most other countries. The items briefly considered here are (in no particular order) found money and property, gambling gains, gains from a personal hobby, isolated criminal profits, prizes and awards for merit, damages from non-physical personal injury, and gains from sale of a personal residence. The article concludes with a more thorough examination of income from the cancellation of debts (COD income) of an individual. These items have in common …
Five Years Later: Reconsidering The Original Aba Report On Mdp, Sydney M. Cone Iii.
Five Years Later: Reconsidering The Original Aba Report On Mdp, Sydney M. Cone Iii.
Articles & Chapters
Reconsidering the original report issued in 1999 by the ABA Commission on Multidisciplinary Practice, this essay suggests that that report properly attempted to deal with questions of legal ethics that might arise if the practice of law by lawyers were integrated into an enterprise in which nonlawyers had a significant degree of ultimate control, but that the commission, perhaps because of undue time pressure, neglected to pursue these questions deeply enough. This essay suggests that more was needed than a proposed mechanism for self-certification of compliance with rules of legal ethics, coupled with possible review of compliance. The "more" that …
Reparations For Apartheid's Victims: The Path To Reconciliation?, Penelope Andrews
Reparations For Apartheid's Victims: The Path To Reconciliation?, Penelope Andrews
Articles & Chapters
No abstract provided.
Homophobia And The 'Mathew Shepard Effect' In Lawrence V. Texas, Kris Franklin
Homophobia And The 'Mathew Shepard Effect' In Lawrence V. Texas, Kris Franklin
Articles & Chapters
This paper explores the significance of shifting cultural understandings of gay men and lesbians in the Supreme Court's majority, concurring and dissenting opinions in the landmark sodomy case Lawrence v. Texas. By examining the legal authorities in which the case's various opinions are grounded, the article shows that the differing positions taken by the Court reflect radically diverging views on the significance of homosexuality in contemporary culture.
Beyond the rather easy observation that the Supreme Court justices are speaking different languages in the Lawrence opinion, the article contends that the rhetoric of the majority and dissent converge on at least …
Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Gerald Korngold
Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Gerald Korngold
Articles & Chapters
No abstract provided.
Afterword: How Can We Save The Safety Net?, Frank W. Munger
Afterword: How Can We Save The Safety Net?, Frank W. Munger
Articles & Chapters
No abstract provided.
In Memoriam, W. Bernard Richland, Ross Sandler
In Memoriam, W. Bernard Richland, Ross Sandler
Articles & Chapters
No abstract provided.
Unpatriotic Acts: An Introduction, Sadiq Reza
Unpatriotic Acts: An Introduction, Sadiq Reza
Articles & Chapters
No abstract provided.
The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer
The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer
Articles & Chapters
American anti-poverty advocates are increasingly focusing on expressing homelessness as a violation of fundamental human rights. Conceptualizing homelessness as a human rights violation can help add legal content to advocacy goals, and help build support for the housing resources, policy changes, and improved legal protective measures needed to ensure access to housing.
This article explores the right to housing in domestic and international law, how to evaluate compliance with the right in the United States, and how to employ legal strategies in support of claims to the right. Theauthors review the status of international law in U. S. law and …
Book #25, Roger J. Miner '56
A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait
A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Israel's Example, Sadiq Reza
Rights In The Shadow Of Class: Poverty, Welfare, And The Law, Frank W. Munger
Rights In The Shadow Of Class: Poverty, Welfare, And The Law, Frank W. Munger
Articles & Chapters
No abstract provided.
Law In Popular Culture, Richard Sherwin
Israel's Example, Sadiq Reza
Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin
Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin
Articles & Chapters
Health Law in the Criminal Justice System Symposium
The Electronic Revolution In Rulemaking, Beth Simone Noveck
The Electronic Revolution In Rulemaking, Beth Simone Noveck
Articles & Chapters
No abstract provided.
Integrating Legal Research Skills Into Commercial Law, Camille Broussard, Karen Gross
Integrating Legal Research Skills Into Commercial Law, Camille Broussard, Karen Gross
Articles & Chapters
No abstract provided.
Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler
Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler
Articles & Chapters
No abstract provided.
The Mens Rea For The Crime Of Providing Material Resources To A Foreign Terrorist Organization, Randolph N. Jonakait
The Mens Rea For The Crime Of Providing Material Resources To A Foreign Terrorist Organization, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Rhetoric, Advocacy And Ethics: Reflections On Shakespeare's Julius Caesar, Stephen A. Newman
Rhetoric, Advocacy And Ethics: Reflections On Shakespeare's Julius Caesar, Stephen A. Newman
Articles & Chapters
The rhetorical skill necessary to speaking and writing persuasively may be studied with great profit by exploring realms of knowledge far from the courtroom and the law office. Literature naturally comes to mind as a rich resource for the study of persuasion. For this essay, I have chosen a well-known set of speeches that appear in William Shakespeare's Julius Caesar to illustrate various aspects of persuasion.
In the play's most riveting scene, Marcus Brutus and Mark Antony speak before a crowd of Romans, giving their opposing views of the assassination of Caesar. Brutus claims justification for his and his co-conspirators' …
Beyond Welfare Reform: Can We Build A Local Welfare State?, Frank W. Munger
Beyond Welfare Reform: Can We Build A Local Welfare State?, Frank W. Munger
Articles & Chapters
No abstract provided.
The Child Status Protection Act: Does Immigration Math Solve The Family Unity Equation, Shane Dizon
The Child Status Protection Act: Does Immigration Math Solve The Family Unity Equation, Shane Dizon
Articles & Chapters
No abstract provided.
Book Review Of Post-Conflict Justice (C. Bassiouni, Ed.), Ruti G. Teitel
Book Review Of Post-Conflict Justice (C. Bassiouni, Ed.), Ruti G. Teitel
Other Publications
No abstract provided.