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The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman Jan 1997

The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman

St. Mary's Law Journal

Abstract Forthcoming.

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From Dreams To Reality: The Emerging Role Of Law School Academic Support, Paula Lustbader Jan 1997

From Dreams To Reality: The Emerging Role Of Law School Academic Support, Paula Lustbader

Faculty Articles

This article reviews the history, rationale, development, and different program structures of Law School Academic Support Programs. It briefly summarizes learning theory and explains how ASP can implement those theories to teach academic skills. Lastly, it suggests that notwithstanding the significance of helping students develop solid academic skills, probably the most important work that ASP professionals do is to provide the non-academic support by making the human connection to students and believing in them.

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Learning Our Limits: The Decline Of Textualism In Statutory Cases, Lawrence Solan Jan 1997

Learning Our Limits: The Decline Of Textualism In Statutory Cases, Lawrence Solan

Faculty Scholarship

No abstract provided.

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The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor Jan 1997

The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

The Takings Clause of the Fifth Amendment is famous for inspiring disagreement. More than one hundred years have passed since the Supreme Court departed from the original understanding of the clause and interpreted regulations as potentially falling within its ambit. Although the passage of time has established the principle that regulations can run afoul of the Takings Clause, the Court has been unable to offer a coherent vision of when compensation is required. Academic commentators also have failed to reach agreement on the issue, offering an enormous range of solutions to the takings question. The newest field of controversy involves …

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Review Of Company Tax Systems, Reuven S. Avi-Yonah Jan 1997

Review Of Company Tax Systems, Reuven S. Avi-Yonah

Reviews

Comparative taxation is a fascinating and frustrating subject. It is fascinating because, through the lens of tax law, one can observe how countries with very different historical and cultural traditions have grappled with similar problems and have reached solutions that have both common and disparate elements. For example, countries that start off with a schedular system for taxing different categories of income end up with near global coverage (e.g., through a "miscellaneous" schedule), and countries that adopt a global system introduce schedular elements (such as the U.S. treatment of capital gains and losses). Another example is the convergence between countries …

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Eclecticism In Law And Truth, Jefferson White Jan 1997

Eclecticism In Law And Truth, Jefferson White

SMU Law Review

No abstract provided.

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The Ethical Implications Of The Globalization Of The Legal Profession: A Challenge To The Teaching Of Professional Responsibility In The Twenty-First Century, Mary C. Daly Jan 1997

The Ethical Implications Of The Globalization Of The Legal Profession: A Challenge To The Teaching Of Professional Responsibility In The Twenty-First Century, Mary C. Daly

Fordham International Law Journal

This Article accepts globalization as a defining characteristic of the world order of the late twentieth and the early twenty-first centuries and as a force majeure on the legal profession. It challenges the professional responsibility academy to explore the incipient structural transformations that are taking place on a macro level and to reconfigure the classic curriculum to acknowledge the ethical implications of the globalization of the legal profession.

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Defamatory Speech On The Internet: "Dish" Best Served Chilled?, Fia F. Porter Jan 1997

Defamatory Speech On The Internet: "Dish" Best Served Chilled?, Fia F. Porter

NYLS Law Review

No abstract provided.

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The Judge's Ethical Duty To Report Misconduct By Other Judges And Lawyers And Its Effect On Judicial Independence, Leslie W. Abramson Jan 1997

The Judge's Ethical Duty To Report Misconduct By Other Judges And Lawyers And Its Effect On Judicial Independence, Leslie W. Abramson

Hofstra Law Review

This Article discusses the judge's ethical duty to report misconduct by other judges and lawyers and the effect of this duty on judicial independence. It examines the judicial duty to disclose, compares it to a lawyer's ethical duty to disclose, and surveys several issues of interpretationand application of the judicial ethical requirement including when the duty to report arises, what misconduct should or must be reported, and what actions or disciplinary measure are appropriate for the judge to pursue. In addition, it discusses exceptions to the duty to disclose andproposes modification of the existing ethical standard.

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Messenger As The Medium Of Communication: The Use Of Interpreters In Mediation, The, Ileana Dominguez-Urban Jan 1997

Messenger As The Medium Of Communication: The Use Of Interpreters In Mediation, The, Ileana Dominguez-Urban

Journal of Dispute Resolution

Merely adding one more person to the mediation process adds greater complexity to the dynamics of the mediation than most lawyers and mediators would anticipate. As Part I of this article indicates, mediators must understand the complexities of interpreted mediation because the need for interpreted mediation is increasing due to national demographics, legal requirements, and international market forces. Part II examines the skills needed for interpretation and the probable structure of an interpreted mediation. Part III considers who might possess those interpretation skills as well as the additional skills required of one who will serve as an auxiliary to the …

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The Misappropriation Theory Of Insider Trading: Outside The Lines Of Section 10(B), Joseph J. Humke Jan 1997

The Misappropriation Theory Of Insider Trading: Outside The Lines Of Section 10(B), Joseph J. Humke

Marquette Law Review

No abstract provided.

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"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine Jan 1997

"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine

Touro Law Review

No abstract provided.

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Discrimination Cases, Eileen Kaufman Jan 1997

Discrimination Cases, Eileen Kaufman

Touro Law Review

No abstract provided.

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The Modern Uses Of Ancient Law, Richard A. Epstein Jan 1997

The Modern Uses Of Ancient Law, Richard A. Epstein

South Carolina Law Review

No abstract provided.

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Muddy Waters: Infringement Analysis After "Markman" And "Warner-Jenkinson", Clyde F. Willian, Joseph S. Miller Jan 1997

Muddy Waters: Infringement Analysis After "Markman" And "Warner-Jenkinson", Clyde F. Willian, Joseph S. Miller

Scholarly Works

No abstract provided.

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... And Justice For All: Normative Descriptive Frameworks For The Implementation Of Tribunals To Try Human Rights Violators, Gautam Rana Jan 1997

... And Justice For All: Normative Descriptive Frameworks For The Implementation Of Tribunals To Try Human Rights Violators, Gautam Rana

Vanderbilt Journal of Transnational Law

With the formation of the Bosnian and Rwandan War Crimes Tribunals, the international community has created a mechanism for the enforcement of human rights law for the first time since the Nuremburg and Tokyo War Trials. The efficacy of these tribunals, however, is in doubt. This Note proposes that only a few human rights are truly universal in nature and can be guaranteed by the international community. Furthermore, the political realities of the international system precludes the use of international tribunals against the more powerful nations of the international community. The Note concludes that by focusing on the human rights …

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The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson Jan 1997

The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson

University of Richmond Law Review

Before allowing a child who has alleged that he or she has been abused to testify at trial, a judge must be satisfied that the child is competent. In other words, the judge must find that the child has the ability to "observe, record, recollect and recount as well as an understanding of the duty to tell the truth." Determining whether children with certain developmental disorders are competent to testify has recently presented the courts with some difficult issues, as evidenced by a recent case in which the Supreme Court of Kansas upheld a conviction based primarily on the apparent …

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Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek Jan 1997

Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek

University of Richmond Law Review

Before the Supreme Court's pronouncement in Robinson v. Shell Oil Co., a majority of the circuit courts were blurring seemingly unambiguous language to expand Title VII's coverage to comport with amiable policy goals. Only policy justifications could explain the courts' willingness to cover postemployment retaliation based on language that prohibits an employer from discriminating "against his employees" and that further defines employees as those persons "employed by an employer." Clearly, the plain meaning of such language envisions that persons protected under Title VII have an existing employment relationship with the covered employer at the time of the alleged retaliatory conduct. …

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Judge Friendly And The Law Of Securities Regulation: The Creation Of A Judicial Reputation, Margaret V. Sachs Jan 1997

Judge Friendly And The Law Of Securities Regulation: The Creation Of A Judicial Reputation, Margaret V. Sachs

SMU Law Review

No abstract provided.

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The Relevance Of The Second Amendment To Gun Control Legislation, Donald W. Dowd Jan 1997

The Relevance Of The Second Amendment To Gun Control Legislation, Donald W. Dowd

Montana Law Review

The Relevance of the Second Amendment to Gun Control Legislation

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Reconceptualizing The Inherent Distinctiveness Of Product Design Trade Dress, Graeme B. Dinwoodie Jan 1997

Reconceptualizing The Inherent Distinctiveness Of Product Design Trade Dress, Graeme B. Dinwoodie

North Carolina Law Review

No abstract provided.

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The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell Jan 1997

The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell

Fordham Law Review

No abstract provided.

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Capabilities And Human Rights, Martha C. Nussbaum Jan 1997

Capabilities And Human Rights, Martha C. Nussbaum

Fordham Law Review

No abstract provided.

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The Charter Dialogue Between Courts And Legislatures (Or Perhaps The Charter Of Rights Isn't Such A Bad Thing After All), Peter W. Hogg, Allison A. Bushell Jan 1997

The Charter Dialogue Between Courts And Legislatures (Or Perhaps The Charter Of Rights Isn't Such A Bad Thing After All), Peter W. Hogg, Allison A. Bushell

Osgoode Hall Law Journal

This article responds to the argument that judicial review of legislation under the Canadian Charter of Rights and Freedoms is illegitimate because it is undemocratic. The authors show that Charter cases nearly always can be, and often are, followed by new legislation that still accomplishes the same objectives as the legislation that was struck down. The effect of the Charter is rarely to block a legislative objective, but rather to influence the design of implementing legislation. Charter cases cause a public debate in which Charter-protected rights have a more prominent role than they would have if there had been no …

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Rfra-Vote Gambling: Why Paulsen Is Wrong, As Usual, Suzanna Sherry Jan 1997

Rfra-Vote Gambling: Why Paulsen Is Wrong, As Usual, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Supreme Court currents are no less treacherous to navigators than are river currents-and, as Michael Paulsen himself has previously pointed out, RFRA shares more than a linguistic resonance with a river.1 Unfortunately, this time Paulsen has let himself be fooled by the prevailing political winds into believing that there will be smooth sailing for his favorite statute despite the swirling eddies ahead. He is altogether too confident of a favorable result. Although I have no wagers, public or private (and I am shocked-shocked!-to find gambling in this establishment) on the outcome of Boeme v. Flores, I want to use my …

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Truth, Justice, And The American Constitution, Michael C. Dorf Jan 1997

Truth, Justice, And The American Constitution, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

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The Legal Construction Of Race: Mexican-Americans And Whiteness, George A. Martinez Jan 1997

The Legal Construction Of Race: Mexican-Americans And Whiteness, George A. Martinez

Faculty Journal Articles and Book Chapters

In light of the privileged status of whiteness and these important critical race projects, this essay seeks to examine a number of issues concerning Mexican-Americans and whiteness. In particular, this essay seeks to examine how legal actors - courts and others –constructed the race of Mexican-Americans. In this regard, the essay seeks to examine whether the law constructed Mexican-Americans as white and whether they received the benefits traditionally associated with whiteness. The essay also explores the importance of group definition and argues that an examination of whiteness and Mexican-Americans has implications for the affirmative action debate. The article also explores …

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On Law And Truth, George A. Martinez Jan 1997

On Law And Truth, George A. Martinez

Faculty Journal Articles and Book Chapters

No abstract provided.

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Continuity And Rupture In "New Approaches To Comparative Law", Paolo G. Carozza Jan 1997

Continuity And Rupture In "New Approaches To Comparative Law", Paolo G. Carozza

Journal Articles

In the course of this conference on "new approaches to comparative law;" it has struck me as curious that so little has been said about the "old" approaches to comparative law. In such a self-conscious effort to distinguish ourselves from our predecessors, one would expect at least some articulation of distinctive criteria, if not a full-fledged manifesto of novelty. Giinter Frankenberg gave us three ideal-type identities of the comparative lawyer; David Kennedy boxed up the old approaches in his taxonomical chart. They and others have referred to the expansion of capitalist market economics and liberal democratic political structures as the …

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The Lost Indians Of The Lost Colony: A Critical Legal Study Of The Lumbee Indians Of North Carolina, Cindy D. Padget Jan 1997

The Lost Indians Of The Lost Colony: A Critical Legal Study Of The Lumbee Indians Of North Carolina, Cindy D. Padget

American Indian Law Review

No abstract provided.

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