Law Commons^™

Arbitration Of Truth-In-Lending-Act Claims, Marshall E. Tracht

Articles & Chapters

In recent years, it has become increasingly common for lenders to include arbitration clauses in their consumer financing agreements. While federal law strongly supports the enforceability of arbitration provisions, there are a number of grounds on which their enforceability can be, and has been, challenged.

This article summarizes the state of the law on a number of major issues which have arisen in the attempt to use arbitration clauses in consumer financing agreements, focusing on Truth-in-Lending Act claims, including an analysis of the Supreme Court's recent decision in Green Tree Financial Corp. v. Randolph.

From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews

Articles & Chapters

This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …

Enforcing The Community Reinvestment Act: An Advocate's Guide To Making The Cra Work For Communities, Richard D. Marsico

Articles & Chapters

This guide to the Community Reinvestment Act (CRA) is designed to provide community advocates with the basic information and skills they need to challenge bank redlining and promote economic development in their neighborhoods. The Guide includes four sections: the legal structure of the CRA; important information about banks and how to get it; analyzing a bank's CRA records, and participating in the CRA enforcement process.

Patterns Of Lending To Low-Income And Minority Persons And Neighborhoods: The 1999 New York Metropolitan Area Lending Scorecard, Richard D. Marsico

Articles & Chapters

This paper analyzes home mortgage lending patterns in the New York Metropolitan Area. It examines lending to four particular underserved populations: minority persons, predominantly minority neighborhoods; low-income persons; and low-income neighborhoods. The paper compares lending to these populations to lending to control groups and over time in order to evaluate whether the needs of the underserved populations are being met. The paper also analyzes the records of individual lenders at meeting the credit needs of those four populations and ranks the lenders accordingly. The paper also analyzes trends in subprime lending to these four populations.

Rights, Rights Of Action, And Remedies: An Integrated Approach, Donald H. Zeigler

Articles & Chapters

Traditionally, courts equated rights and remedies. Consequently, courts sought to provide remedies for the violation of statutory rights even if a statute did not contain detailed enforcement provisions. In the 1970s, however, the U.S. Supreme Court transformed what had been a unified inquiry into whether a statutory provision should be judicially enforceable into three distinct questions and developed separate criteria for deciding whether a statute should be read to create a right, imply a right of action, or provide a remedy. Rights, rights of action, and remedies are inextricably related. The Court's attempt to separate these inseparable concepts has led …

Financial Modernization: The Effect Of The Repeal Of The Glass-Steagall Act On Consumers And Communities, Richard D. Marsico

Articles & Chapters

No abstract provided.

Hidden Agendas And Ripple Effects: Implications Of Four Recent Supreme Court Decisions For Forensic Mental Health Professionals, Michael L. Perlin

Articles & Chapters

Supreme Court decisions have implications far beyond the legal principles they articulate, and it is essential that individuals working in the forensic mental health and correctional systems understand the extent to which such decisions can affect their practice and the facilities in which they work. The seemingly-unrelated cases of Godinez v. Moran (1993) (establishing a unitary standard for the determinations of competency to plead guilty, competency to waive counsel, and competency to stand trial), Kansas v. Hendricks (1997) (upholding the constitutionality of one state's “Sexually Violent Predator Act”), Pennsylvania Department of Corrections v. Yeskey (1998) (ruling that the Americans with …

Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii.

Articles & Chapters

This Article-after describing analytical gaps in the work of the ABA Commission on MDP, and after criticizing the analysis of MDP by the law and economics school and the Big Five subset thereof-sets forth, with commentary, proposals relating to MDP developed by the New York State Bar Association and the MDP Task Force of the North Carolina Bar Association. It concludes by comparing these proposals in the context of the law governing lawyers in the United States.

A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann

Articles & Chapters

As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …

The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold

Articles & Chapters

No abstract provided.

Inquiry And Activism In Law And Society, Frank W. Munger

Articles & Chapters

No abstract provided.

Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David Engel, Frank W. Munger

Articles & Chapters

This article examines how the employment rights guaranteed by the Americans

with Disabilities Act (ADA) affect the careers of individuals with disabilities. The

article draws on in-depth interviews with sixty adults who provided extended life

story narratives, describing early family and educational experiences and later

experiences with employment. Their detailed accounts offer insights into the

sometimes subtle role rights play in peoples lives and careers. Relatively few

rights violations actually lead to explicit or formal invocations of the law. The

effect of the ADA on careers can be profound but is primarily indirect or

symbolic. Moreover, other factors affect the …

On Wellington Interpretation: A Timely Reappraisal (Harry H. Wellington Festschrift Issue), Ruti Teitel

Articles & Chapters

No abstract provided.

Inauguration Of The George A. Leet Business Law Symposium, Gerald Korngold

Articles & Chapters

No abstract provided.

Introduction: Towards Understanding South African Constitutionalism, Penelope Andrews, Stephen Ellmann

Articles & Chapters

No abstract provided.