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Series

2001

Discipline
Institution
Keyword
Publication
File Type

Articles 4111 - 4131 of 4131

Full-Text Articles in Law

Irish Legal History: An Overview And Guide To The Sources, Janet Sinder Jan 2001

Irish Legal History: An Overview And Guide To The Sources, Janet Sinder

Faculty Scholarship

No abstract provided.


An Introduction To The Model Standards Of Practice For Family And Divorce Mediation, Andrew Schepard Jan 2001

An Introduction To The Model Standards Of Practice For Family And Divorce Mediation, Andrew Schepard

Hofstra Law Faculty Scholarship

On February 19, 2001, upon the recommendation of both the Family Law (FLS) and Dispute Resolution Sections, the American Bar Association's House of Delegates adopted the Model Standards of Practice for Family and Divorce Mediation (“Model Family Mediation Standards” or “Model Standards”), which are published in this issue of the Family Law Quarterly.

The aim of the Model Family Mediation Standards is to promote public confidence in an evolving, interdisciplinary profession by defining good mediation practice. The family mediation profession (which includes many lawyers) created the Model Family Mediation Standards in consultation with the family law bar and experts ...


The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan Jan 2001

The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan

Faculty Scholarship

No abstract provided.


Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan Jan 2001

Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan

Faculty Scholarship

No abstract provided.


Regulation Of Securities And Security Exchanges In The Age Of The Internet, Roberta S. Karmel Jan 2001

Regulation Of Securities And Security Exchanges In The Age Of The Internet, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Reciprocity, Utility, And The Law Of Aggression, Anita Bernstein Jan 2001

Reciprocity, Utility, And The Law Of Aggression, Anita Bernstein

Faculty Scholarship

No abstract provided.


Decision-Makers Without Duties: Defining The Duties Of Parent Corporations Acting As Sole Corporate Members In Nonprofit Health Care System, Dana Brakman Reiser Jan 2001

Decision-Makers Without Duties: Defining The Duties Of Parent Corporations Acting As Sole Corporate Members In Nonprofit Health Care System, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton Jan 2001

Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


Braking The Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto Jan 2001

Braking The Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto

Faculty Scholarship

No abstract provided.


The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora Jan 2001

The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora

Faculty Scholarship

No abstract provided.


The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora Jan 2001

The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora

Faculty Scholarship

No abstract provided.


The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan Jan 2001

The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan

Faculty Scholarship

No abstract provided.


Causation, Contribution And Legal Liability: An Empirical Study, Lawrence Solan, John Darley Jan 2001

Causation, Contribution And Legal Liability: An Empirical Study, Lawrence Solan, John Darley

Faculty Scholarship

No abstract provided.


The Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind Jan 2001

The Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind

Faculty Scholarship

No abstract provided.


Is International Bankruptcy Possible?, Frederick Tung Jan 2001

Is International Bankruptcy Possible?, Frederick Tung

Faculty Scholarship

Although international business firms proliferate, there is no international bankruptcy system. Instead, bankruptcy law remains a matter for individual states. The failure of a multinational firm therefore raises difficult questions of conflict and cooperation among national bankruptcy laws. In the discourse over the appropriate design for an international bankruptcy system, universalism has long held sway as the dominant idea, embraced nearly universally by bankruptcy scholars. Universalism offers a simple and elegant blueprint for international bankruptcy. Under universalism, the bankruptcy regime of the debtor firm's home country would govern worldwide, enjoying global reach to treat all of the debtor's ...


The Theory Of Tort Doctrine And The Restatement Of Torts, Keith Hylton Jan 2001

The Theory Of Tort Doctrine And The Restatement Of Torts, Keith Hylton

Faculty Scholarship

The lack of detailed implications and general failure to come to grips with important features of tort doctrine have been substantial shortcomings in the dominant positive theory framework of Holmes and Posner. I extend the dominant framework below to enable it to justify various intentional tort doctrines, and the specific form and allocation of strict liability rules within tort law. After developing the positive framework, I apply it to the Restatement (Third) of Tort Law. The theory explains many of the detailed provisions and commentary of the Restatement, and identifies one area in which the Restatement (Third) seems inconsistent with ...


What Doctors Can Learn From Lawyers About Conflicts Of Interest, Nancy Moore Jan 2001

What Doctors Can Learn From Lawyers About Conflicts Of Interest, Nancy Moore

Faculty Scholarship

Some physicians are receiving financial incentives for enrolling their patients in clinical studies, while others have financial interests in companies that will profit from the products under investigation. These practices are arguably permissible under both applicable law and codes of medical ethics. Further, physicians are not required even to disclose their financial conflicts when advising patients to enroll in a clinical experiment. This article explores differences between the medical and legal professions' treatments of conflicts of interest in order to explain 1) why physicians have failed to adequately address conflicts not only in clinical research, but also in other aspects ...


Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger Jan 2001

Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger

Faculty Scholarship

No abstract provided.


The Delaware Business Trust Act Failure As The New Corporate Law, Tamar Frankel Jan 2001

The Delaware Business Trust Act Failure As The New Corporate Law, Tamar Frankel

Faculty Scholarship

The Internet transcends boundaries and time, reduces and shifts the cost of receiving and disseminating information. It poses unusual pressures of change on the common law. Internet jurisprudence demonstrates the vitality of the common law, yet highlighted its limitations. The Article describes how the common law addresses Internet issues and the relationship of judicial cases and congressional actions. The Article praises common law system of "muddling through," evolving piecemeal, addressing particular conflicts, not always uniformly nor predictably. This is lawmaking for the risk-averse, reducing the risk and cost of correcting big mistakes. The price: higher learning costs and fewer clear ...


The Capital Markets Perspective On A National Securities Regulator, Poonam Puri Jan 2001

The Capital Markets Perspective On A National Securities Regulator, Poonam Puri

Articles & Book Chapters

The purpose of this paper is to provide an empirical foundation from a capital markets perspective to ground the discussion and analysis on the constitutionality of a national securities regulator. Based on the data, the case for a national securities regulator for Canada is more evident now than it has ever been. This paper first explores the academic and empirical literature on the relationship between regulation and the strength of that jurisdiction’s capital markets, as measured by the cost of capital, liquidity and investor protection. Studies have found that Canadian companies have a higher cost of capital than their ...


Carbon Sinks Science And The Preservation Of Old Growth Forests Under The Kyoto Protocol, Dayna Scott Jan 2001

Carbon Sinks Science And The Preservation Of Old Growth Forests Under The Kyoto Protocol, Dayna Scott

Articles & Book Chapters

The structure of the mechanisms in the Kyoto Protocol with respect to "carbon sinks," may be integrated so as to place incentives on national governments that counter recent progress made towards the preservation of old-growth forests. A focus on the element carbon fails to recognize values other than sequestration that standing forests can provide. For example, an approach that strictly seeks to increase the rate of fixation of atmospheric carbon will favour replacing old-growth forests with monocultural plantations of trees. The international community, in implementing these mechanisms, may frustrate other environmental initiatives such as the conservation of endangered species habitat ...