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Articles 1 - 29 of 29

Full-Text Articles in Law

Representing Clients In Mediation: Principles That Make A Difference, Jacqueline Nolan-Haley Jan 2000

Representing Clients In Mediation: Principles That Make A Difference, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.


Pragmatic Conceptualism, Benjamin Zipursky Jan 2000

Pragmatic Conceptualism, Benjamin Zipursky

Faculty Scholarship

No abstract provided.


Collisions, Joseph Sweeney Jan 2000

Collisions, Joseph Sweeney

Faculty Scholarship

No abstract provided.


Rumpelheimer V. Haddock: Port To Port, Joseph Sweeney Jan 2000

Rumpelheimer V. Haddock: Port To Port, Joseph Sweeney

Faculty Scholarship

No abstract provided.


The Role Of Power In The Rule Of Reason, Mark Patterson Jan 2000

The Role Of Power In The Rule Of Reason, Mark Patterson

Faculty Scholarship

No abstract provided.


Convocation Inaugurating The Samuel M Kaynard Distinguished Visiting Professorship In Labor And Employment Law, John Feerick Jan 2000

Convocation Inaugurating The Samuel M Kaynard Distinguished Visiting Professorship In Labor And Employment Law, John Feerick

Faculty Scholarship

No abstract provided.


The Perils Of Public Opinion, Deborah W. Denno Jan 2000

The Perils Of Public Opinion, Deborah W. Denno

Faculty Scholarship

Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”) is a rich, creative, and intriguing book with an ambitious goal: to examine the extent to which laypersons' views of justice (their “moral intuitions”) are reflected in current criminal codes. This Article discusses the significance of Justice's approach to understanding law and why the book is an excellent springboard for further research comparing community standards and legal codes. However, this Article particularly emphasizes the perils of incorporating public opinion into the law based upon three major sources: (1) this Article's own study of national and New Jersey ...


Adieu To Electrocution, Deborah W. Denno Jan 2000

Adieu To Electrocution, Deborah W. Denno

Faculty Scholarship

This Article contends that there is no moral or legal reason to retain electrocution, particularly because other execution methods are available. It is clear that at some point soon, electrocution will no longer exist in this country and, as a result, throughout the world. By eliminating this perplexing vestige, the other problems with the death penalty may appear all that more offensive.


Tort Suits For Injuries Sustained During Illegal Abortions: The Effects Of Judicial Bias , Gail D. Hollister Jan 2000

Tort Suits For Injuries Sustained During Illegal Abortions: The Effects Of Judicial Bias , Gail D. Hollister

Faculty Scholarship

Most courts hold that, by agreeing to have an illegal abortion, a woman forfeits her right to recover for injuries tortuously inflicted during that abortion. Nevertheless, most courts do permit suits by those injured in the course of committing other crimes, and they usually do so without considering whether plaintiff's criminal conduct should prevent recovery. Part II of this Article explores and discredits the reasons offered for prohibiting recovery in abortion suits. 21 Part III analyzes, on a chronological basis, each state's decisions prohibiting such recovery. Part IV discusses possible explanations for the abortion decisions, noting that these ...


Coattail Class Actions: Reflections On Microsoft, Tobacco, And The Mixing Of Public And Private Lawyering In Mass Litigation , Howard M. Erichson Jan 2000

Coattail Class Actions: Reflections On Microsoft, Tobacco, And The Mixing Of Public And Private Lawyering In Mass Litigation , Howard M. Erichson

Faculty Scholarship

Ask anyone who follows legal news to name the two biggest litigation news stories in the United States at the start of the twenty-first century, and they will answer without blinking: Microsoft and tobacco. The Microsoft litigation, they will tell you, claims a place in the pantheon of antitrust landmarks that includes Standard Oil, Alcoa, and AT&T. The tobacco litigation is the most massive in a string of mass torts including asbestos, Dalkon Shield, and breast implants; it is arguably the most important public health matter ever litigated. Microsoft and tobacco each fit so well and so interestingly in their own line of antitrust or product liability cases that it would be easy to miss what the two stories have ...


The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney Jan 2000

The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney

Faculty Scholarship

At the dawn of a new century of Supreme Court workplace law, it seems especially appropriate to offer some perspective on the recent and relatively recent past. Before addressing the seven cases involving labor and employment issues decided by the Supreme Court in the Term just ended, I want briefly to describe (in what I hope are not mechanical terms) how the Court's interests in labor and employment law have evolved from the start of the Burger Era in 1969 to the current, mature stage of the Rehnquist Court.


Exploration Of The Efficacy Of Class-Based Approaches To Racial Justice: The Cuban Context, An Latcrit Iv Symposium - Rotating Centers, Epanding Frontiers: Theory And Marginal Intersections- Forging Our Identity: Transformative Resistance In The Areas Of Work, Class, And The Law, Tanya Kateri Hernandez Jan 2000

Exploration Of The Efficacy Of Class-Based Approaches To Racial Justice: The Cuban Context, An Latcrit Iv Symposium - Rotating Centers, Epanding Frontiers: Theory And Marginal Intersections- Forging Our Identity: Transformative Resistance In The Areas Of Work, Class, And The Law, Tanya Kateri Hernandez

Faculty Scholarship

The growing discord over the continuing use of race-conscious social justice programs in the United States has given rise to the consideration of replacing them with color-blind class-based affirmative action programs. Although there are a number of theoretical investigations into the proposal for class-based affirmative action, the discourse is short on practical assessments. This Article amplifies the class-based affirmative action debate by drawing lessons from Socialist Cuba's socioeconomic redistribution measures. Inasmuch as Socialist Cuba attempts to diminish racial disparities with the use of colorblind socioeconomic redistribution programs one can classify their strategy as a class-focused rather than a race-focused ...


Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried Jan 2000

Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.


Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan Jan 2000

Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan

Faculty Scholarship

In this article, Rachel Vorspan investigates the complex role played by the courts in the social and cultural transformation of Victorian England. Through focusing on judicial rulings in the recreational as well as political and industrial contexts she explains how the English judiciary played an important function in "rationalizing" the major institutions and practices of urban leisure


Review Of Minding The Law, By Anthony G. Amsterdam And Jerome Bruner, James Kainen Jan 2000

Review Of Minding The Law, By Anthony G. Amsterdam And Jerome Bruner, James Kainen

Faculty Scholarship

No abstract provided.


Review Of Commodity And Propriety: Competing Visions Of Property In American Legal Thought, 1776-1970, By Gregory S. Alexander, James Kainen Jan 2000

Review Of Commodity And Propriety: Competing Visions Of Property In American Legal Thought, 1776-1970, By Gregory S. Alexander, James Kainen

Faculty Scholarship

No abstract provided.


(Panelist) Collision, Towage, Salvage And Limitation Of Liability, Joseph Sweeney Jan 2000

(Panelist) Collision, Towage, Salvage And Limitation Of Liability, Joseph Sweeney

Faculty Scholarship

No abstract provided.


Constitutional Aspects Of State Income Taxation, David Schmudde Jan 2000

Constitutional Aspects Of State Income Taxation, David Schmudde

Faculty Scholarship

No abstract provided.


The Many Faces Of Foreseeability, Benjamin Zipursky Jan 2000

The Many Faces Of Foreseeability, Benjamin Zipursky

Faculty Scholarship

No abstract provided.


Foreword Symposium: Multidistrict Litigation And Aggregation Alternatives: Foreword, Howard M. Erichson Jan 2000

Foreword Symposium: Multidistrict Litigation And Aggregation Alternatives: Foreword, Howard M. Erichson

Faculty Scholarship

On March 30, 2001, a somewhat surprising discussion took place among two judges, two plaintiffs' lawyers, a defense lawyer, and a legal scholar. The occasion was a Seton Hall Law Review symposium on federal multidistrict litigation ("MDL"). What made the discussion surprising was not what the participants said of their experiences with MDL, but rather the extent to which they discussed things other than MDL. Much of the discussion addressed state court litigation beyond the reach of MDL, and federal court aggregation techniques other than MDL. While the presenters left no doubt that MDL retains a central role in the ...


Social Risk And The Transformation Of Public Health Law: Lessons From The Plague Years , Elizabeth Cooper Jan 2000

Social Risk And The Transformation Of Public Health Law: Lessons From The Plague Years , Elizabeth Cooper

Faculty Scholarship

Acquired Immune Deficiency Syndrome (AIDS) was the wake-up call that disturbed America from its mid-twentieth century slumber concerning the dangers of communicable diseases. Until AIDS was identified in 1981, most Americans felt largely impervious to health threats posed by viruses or bacteria. Polio, smallpox, and tuberculosis had been brought under control by the "magic bullets" of antibiotics and vaccines." We felt more susceptible to the ravages of cancer or the debilitation of heart disease. But, over the last twenty years, the (re)emergence of serious or life-threatening microbial- based conditions such as Ebola, hantavirus, Lyme disease, West Nile virus, and ...


Public Declarations Of Professionalism Professionalism Symposium, Bruce A. Green Jan 2000

Public Declarations Of Professionalism Professionalism Symposium, Bruce A. Green

Faculty Scholarship

When it comes to the subject of "professionalism," there is a gap between the leaders of the organized bar and its members. Bar leaders are eager to discuss the subject. For example, this year's annual meeting of the American Bar Association ("ABA") afforded bar leaders, as well as legal academics, a host of opportunities to share strategies to promote "professionalism" and "professional values." The Section of Legal Education and Admissions to the Bar sponsored a program on "Professionalism in Law Schools and the Profession." Organizations representing bar executives, bar presidents, and bar foundations jointly presented a program called "Tough ...


Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel Jan 2000

Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel

Faculty Scholarship

In the post-World War II international economy, with its enormous growth in transnational trade and investment, multinational legal practice has become a functional reality. Within the last two decades, the volume of trans-border legal practice has grown enormously in fields such as trade law, international banking and finance, international arbitration and litigation, international contractual and joint venture arrangements, transborder acquisitions and mergers, international antitrust, inter- national tax planning, and foreign investment counselling. Domestic law firms within the leading commercial nations have not only grown substantially in size, often by merger, they have also increasingly created networks of foreign branch offices ...


Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, The , Mark Patterson Jan 2000

Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, The , Mark Patterson

Faculty Scholarship

The requirement that an antitrust plaintiff show market power in rule of reason cases has an uninspiring history and unconvincing justifications. Such a requirement has never been adopted by the Supreme Court, and is currently imposed by only the Seventh and Fourth Circuits. Indeed, the requirement was never imposed very widely, despite frequent claims to the contrary. More significantly, the Seventh Circuit cases that initially established the requirement, and that continue to be cited for it, did so with misleading citations to cases from other circuits. Furthermore, the justifications that have been offered for the requirement have generally been either ...


Government Of The Good , Abner S. Greene Jan 2000

Government Of The Good , Abner S. Greene

Faculty Scholarship

Webster's definition of the noun "good" begins: "something that possesses desirable qualities, promotes success, welfare, or happiness, or is otherwise beneficial." Whether government should promote the good, and in particular whether government should use its powers of persuasion-its "speech," if you will-to promote contested views of the good, is the subject of this Article. I will argue that, as a matter of political theory, government in a liberal democracy not only may promote contested views of the good, but should do so, as well. Further, nothing in our constitutional jurisprudence demands otherwise, assuming certain conditions are met. In taking ...


Boundaries Of Extracompensatory Relief For Abusive Breach Of Contract, The , Nicholas J. Johnson Jan 2000

Boundaries Of Extracompensatory Relief For Abusive Breach Of Contract, The , Nicholas J. Johnson

Faculty Scholarship

The idea of extracompensatory damages for abusive breach of contract presents a fundamental conflict. Contract doctrine aims to facilitate exchanges. Extracompensatory damages are disincentives. These aims are essentially irreconcilable. And traditionally the goal of facilitating exchanges has trumped any interest in punishing bad conduct. But there is a lingering sense that sometimes a proportionate response to bad conduct surrounding breach requires more than the traditional measure of damages. At the edges of contract doctrine, two notable experiments manifest the sense that some breaches demand more than compensatory damages. One, the failed California experiment with bad faith breach, permitted the plaintiff ...


Lawyer Role, Agency Law, And The Characterization Officer Of The Court , James A. Cohen Jan 2000

Lawyer Role, Agency Law, And The Characterization Officer Of The Court , James A. Cohen

Faculty Scholarship

The law of agency has governed American lawyers since before the Revolution, but recent scholarship about legal ethics and professional role almost entirely ignores it. Most commentators would concede that attorneys are agents, but would quickly add that the lawyer is also an "officer of the court" who has obligations to seek justice. However, analysis of the phrase "officer of the court" reveals that it has surprisingly little content; it is mostly rhetoric, caused by self-love and self-promotion. What little content it has points to a role of the attorney as agent whose obligations to the court are almost identical ...


Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race , Tanya Kateri Hernandez Jan 2000

Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race , Tanya Kateri Hernandez

Faculty Scholarship

For a number of years, commentators have proffered anecdotal evidence to suggest that women of color figure prominently as sexual harassment plaintiffs. Until recently, a systematic statistical analysis of women's experiences of sexual harassment by race was largely unavailable. For the first time, this Article comprehensively analyzes Equal Employment Opportunity Commission (EEOC) sexual harassment charge statistics, by looking at data from the last seven years along with Lexis-Nexis and Westlaw electronic reports of sexual harassment complaints for the last twenty years. What immediately becomes apparent in this statistical analysis of sexual harassment charges in the United States is the ...


Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson Jan 2000

Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson

Faculty Scholarship

Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature ...