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1998

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Articles 1 - 19 of 19

Full-Text Articles in Law

Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson Oct 1998

Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson

Indiana Law Journal

No abstract provided.


Joint Defense Agreements And Disqualification Of Co-Defendant's Counsel,, Arnold Rochvarg Oct 1998

Joint Defense Agreements And Disqualification Of Co-Defendant's Counsel,, Arnold Rochvarg

All Faculty Scholarship

How should courts rule on the issue of joint defense agreements and motions for disqualification of another joint defense member's attorney in subsequent litigation? After analyzing prior cases that attempt to resolve the issue, it is clear that no generally accepted analysis of the disqualification issue exists. This article proposes an analytic framework for courts to use when ruling on such motions for disqualification arising in the context of prior joint defense agreements.

Although some courts have found an implied attorney-client relationship among all members and attorneys of the joint defense agreement, this view is flawed and based on ...


Implementation Of The Laws Of War In Late-Twentieth-Century Conflicts, Adam Roberts Sep 1998

Implementation Of The Laws Of War In Late-Twentieth-Century Conflicts, Adam Roberts

International Law Studies

No abstract provided.


Judicial Discipline And Judicial Independence, Steven Lubet Jul 1998

Judicial Discipline And Judicial Independence, Steven Lubet

Law and Contemporary Problems

The question of judicial accountability and independence arises primarily in the context of state courts. When it comes to accountability, it is state judges who must be concerned about threates to their independence.


Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington Jul 1998

Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington

Law and Contemporary Problems

Carrington notes that because judges in trial and intermediate courts are accountable to highest courts, it is the latter that are responsible for keeping the faith with democratic traditions.


On Not Making Law, Mitu Gulati, C. M. A. Mccauliff Jul 1998

On Not Making Law, Mitu Gulati, C. M. A. Mccauliff

Law and Contemporary Problems

Having argued that it is important to think about court norms, Gulati and McCauliff describe data on the publication practices of the various circuits. The data suggest that there are radical differences in the norms.


The Enforcement Of Prisoners’ Rights In The United States: An Access To The Courts Issue, Roberta M. Harding May 1998

The Enforcement Of Prisoners’ Rights In The United States: An Access To The Courts Issue, Roberta M. Harding

Law Faculty Scholarly Articles

This article examines how the development and status of the rights of incarcerated people is significantly effected by their ability to access the judiciary; specifically the federal judicial system. The relatively recent explosion in the American prison population provided the impetus for researching this topic. The objective was to examine whether this tremendous rise in the number of people incarcerated in U.S. penal facilities had impacted the posture of the rights afforded to these individuals. One conclusion reached was that the rise in the prison population had harshly eroded the right of access to the courts. The exploration of ...


Juries And Damages: A Commentary, Nancy S. Marder Feb 1998

Juries And Damages: A Commentary, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Juries And Damages: A Commentary, Nancy S. Marder Jan 1998

Juries And Damages: A Commentary, Nancy S. Marder

Nancy S. Marder

No abstract provided.


Does The English Rule Discourage Low-Probability-Of-Prevailing Plaintiffs, A. Mitchell Polinsky, Daniel L. Rubinfeld Jan 1998

Does The English Rule Discourage Low-Probability-Of-Prevailing Plaintiffs, A. Mitchell Polinsky, Daniel L. Rubinfeld

Faculty Scholarship

Evaluates whether the English rule of fee allocation (in which the loser pays the winner's litigation costs) discourages suits by low-probability-of-prevailing plaintiffs. Comparison with the American rule (in which each side bears its own costs); Settlement process; Asymmetric-information model of litigation.


Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt Jan 1998

Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt

Faculty Publications

No abstract provided.


An Open Courtroom: Should Cameras Be Permitted In New York State Courts?, Jay C. Carlisle Jan 1998

An Open Courtroom: Should Cameras Be Permitted In New York State Courts?, Jay C. Carlisle

Pace Law Faculty Publications

On June 30, 1997, the State of New York became one of the nation's few states which does not permit audio-visual coverage of court proceedings. There are several potent arguments in the determination of whether cameras should be permitted in courtroom proceedings. This article will briefly summarize the history of the use of cameras in New York State courts, and then, set out the arguments for and against their use in the state's judicial system. The article is prompted by the book entitled “An Open Courtroom: Cameras in New York Courts” which was published in 1997 by the ...


Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton Jan 1998

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton

All Faculty Scholarship

This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.

The Dagenais decision demonstrates the continued independence ...


Mandatory Pre-Dispute Arbitration: Steps Need To Be Taken To Prevent Unfairness To Employees And Consumers, Jean R. Sternlight Jan 1998

Mandatory Pre-Dispute Arbitration: Steps Need To Be Taken To Prevent Unfairness To Employees And Consumers, Jean R. Sternlight

Scholarly Works

Courts, arbitral organizations and governmental agencies are increasingly recognizing that mandatory binding arbitration can be used both to disadvantage employees and consumers, and to evade legal requirements. Over the last decade, private parties such as employers, manufacturers and financial organizations began using binding arbitration agreements to skirt the public law, and public juries, with increasing intensity. As so often happens, overreaching may once again be giving way to retrenchment, as the tide seems to be turning away from the “anything goes” approach of the earlier 1990s.


Copyright Opinions And Aesthetic Theory, Alfred C. Yen Jan 1998

Copyright Opinions And Aesthetic Theory, Alfred C. Yen

Boston College Law School Faculty Papers

In this Article the author contends that judges should be conscious of aesthetics when deciding copyright cases. However, given the inherent ambiguity of aesthetics and the supposedly objective rules and principles that govern judicial opinions, courts implicitly assume a sharp divide between aesthetic reasoning and legal reasoning. Additionally, because aesthetic choices by judges could potentially be deemed government censorship, the two are further considered incompatible. The author argues, however, that this distinction is illusory in that a truly open-minded copyright jurisprudence requires explicit awareness of aesthetics. This argument is supported firstly by a description of four major movements from aesthetic ...


Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells Jan 1998

Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells

Scholarly Works

In this Article, I argue that there is a wide gap between the aspirations and the actual operation of Federal Courts law. I maintain that, despite the conversational rule forbidding it, raw substance in fact wields significant influence in the resolution of Federal Courts issues. For example, the familiar argument that federal courts should be favored because they are more "sympathetic" to federal claims is really an appeal to naked politics. The empirical premise of this and other arguments of naked politics is that there are structural differences between federal and state courts which affect the outcomes of close cases ...


When Is The New York Court Of Appeals Justified In Deviating From Federal Constitutional Interpretation?, Honorable Richard D. Simons Jan 1998

When Is The New York Court Of Appeals Justified In Deviating From Federal Constitutional Interpretation?, Honorable Richard D. Simons

Touro Law Review

No abstract provided.


Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler Jan 1998

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Faculty Scholarship

Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.

In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against ...


Rehabilitative Punishment And The Drug Treatment Court Movement, Richard C. Boldt Jan 1998

Rehabilitative Punishment And The Drug Treatment Court Movement, Richard C. Boldt

Washington University Law Review

Part I of this Article briefly summarizes the history of rehabilitative penal practice in the United States during the twentieth century. The discussion pays special attention to the sustained critique of the rehabilitative ideal offered by left-liberal commentators twenty-five to thirty years ago. The discussion analyzes particular shortcomings that plagued corrections practices at this earlier juncture and explores the relevance of that history to today's drug treatment courts. Part II builds on the observation of the left-liberal critics that rehabilitative penal regimes, by blending punitive and therapeutic impulses, often seek to accomplish incompatible goals. This Part suggests that this ...