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Articles 5311 - 5340 of 6121
Full-Text Articles in Entire DC Network
Spectrum Abundance And The Choice Between Private And Public Control, Stuart M. Benjamin
Spectrum Abundance And The Choice Between Private And Public Control, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
Law School Libraries, Richard A. Danner
The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie
The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie
Faculty Scholarship
No abstract provided.
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Legacy Of Buckley V. Valeo, Joel Gora
The Transition To Legal Analysis Begins With Orientation, Myra G. Orlen
The Transition To Legal Analysis Begins With Orientation, Myra G. Orlen
Faculty Scholarship
The Author discusses the progression from simple to more complex assignments in the Legal Research and Writing curriculum at Western New England College School of Law.
Domestic Violence In Legal Education And Legal Practice: A Dialogue Between Professors And Practitioners, Stacy Caplow
Domestic Violence In Legal Education And Legal Practice: A Dialogue Between Professors And Practitioners, Stacy Caplow
Faculty Scholarship
No abstract provided.
Problem Solving In A Multidisciplinary Environment: Must Ethics Get In The Way Of Holistic Service, J. Michael Norwood
Problem Solving In A Multidisciplinary Environment: Must Ethics Get In The Way Of Holistic Service, J. Michael Norwood
Faculty Scholarship
Authored with Alan Paterson. The article analyzes the strengths and weaknesses of delivering legal services as a part of a multidisciplinary practice (MDP). The analysis considers multidisciplinary practices from the perspectives of clients served, lawyers, the legal profession, and the general public, but emphasizes the quality of the relationships amongst the legal and nonlegal professionals involved in the MDP. While sounding a cautionary note about the need to preserve core ethical and professional values when implementing a MDP, the article seeks a balance among the common, and sometimes competing interests, of the public, the legal profession, and society whereby it …
The Costs And Benefits Of Precommitment: An Appraisal Of Omnicare V. Ncs Healthcare, Sean J. Griffith
The Costs And Benefits Of Precommitment: An Appraisal Of Omnicare V. Ncs Healthcare, Sean J. Griffith
Faculty Scholarship
The Decision of the Delaware Supreme Court in Omnicare v. NCS Healthcare raises concerns regarding the efficiency of Delaware law from the perspective of shareholder welfare maximization and engages the emerging literature on corporate precommitments. The clash between the majority and dissenting opinions offers competing visions of the basic corporate law separation of powers issue--that is, board versus shareholder primacy. This Article engages in a close analysis of the Omnicare opinion, focusing on its doctrinal foundations as well as its policy implications. After this introduction, Part II provides a brief overview of the relevant factual and legal background. Part III …
Best Interests Not To View This.Com: Should The First Amendment Ever Come Second?, Joel R. Reidenberg
Best Interests Not To View This.Com: Should The First Amendment Ever Come Second?, Joel R. Reidenberg
Faculty Scholarship
No abstract provided.
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
Faculty Scholarship
As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …
Comments On The European Commission’S Draft Proposal For A Council Regulation On The Law Applicable To Non-Contractual Obligations (Hamburg Group For Private International Law), Ralf Michaels
Faculty Scholarship
No abstract provided.
Bringing Out The Big Guns: The Usa Patriot Act, Money Laundering, And The War On Terrorism, Eric J. Gouvin
Bringing Out The Big Guns: The Usa Patriot Act, Money Laundering, And The War On Terrorism, Eric J. Gouvin
Faculty Scholarship
This Article addresses the question of whether the money laundering provisions in the Patriot Act will be effective tools in the effort to intercept terrorist financing to prevent future attacks like those suffered on September 11, 2001, or whether the legislation is instead the modern equivalent of a big noisy anti-aircraft gun -- psychologically useful for showing that something is being done, but not very effective in actually doing the task. This Article concludes that the Act's money laundering provisions will not be effective in intercepting terrorist financing. It reaches that conclusion after examining the current state of United States …
Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers
Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers
Faculty Scholarship
I begin in Part II with a brief sketch of the history of stated policies to expel Palestinians from what is now Israel and the Occupied Territories, and then examine recent proposals that have been made and actions that have been taken to implement modern re-articulations of those historic policies. In Part III, I then review the grounds on which international law proscribes mass expulsions of indigenous and occupied peoples. While international law governing this issue is clear in its application and has been overwhelmingly endorsed by the larger international community, international law seems to have little influence on Israel's …
Looking Back At The Lawyering Process, Beatrice A. Moulton
Looking Back At The Lawyering Process, Beatrice A. Moulton
Faculty Scholarship
No abstract provided.
Blaming Youth, Elizabeth S. Scott, Laurence Steinberg
Blaming Youth, Elizabeth S. Scott, Laurence Steinberg
Faculty Scholarship
In March of 2001, a fourteen-year-old Florida boy named Lionel Tate was sentenced to life in prison without parole for killing six-year-old Tiffany Eunick during a wrestling match that took place when Lionel was twelve years old. Lionel was convicted of first degree murder on the ground that the killing was the result of aggravated child abuse, a crime that contemplates injury of a child by an adult caretaker. His conviction and sentence have prompted much debate and discussion – about his case and, more generally, about the criminal punishment of young offenders. Although the verdict and Lionel's sentence received …
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad Johnson
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad Johnson
Faculty Scholarship
With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, the nation entered the beginning of a new era in race relations. This, and future civil rights legislation, would be characterized by the development of a national agenda for ending discrimination and promoting equality. One area that was not included in this initial congressional effort, but later found its way into the legislative agenda, was the subject of housing discrimination. Despite the relatively few debates …
Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier
Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier
Faculty Scholarship
In 1992 had been teaching for four years at the University of Pennsylvania Law School. I taught voting rights and criminal procedure, subjects related to what I had done as a litigator. Preparing for class meant reading many of the same cases I had read preparing for trial. Some were even cases I had tried. Teaching offered me a fresh chance to read those cases with new interest. I could see the subtle linkages between cases that I had not previously noticed. From the distance of the academy, I observed the evolution of the doctrine without feeling overcome by the …
Digital Divide: Myth, Reality, And Responsibility, Nick Allard
Digital Divide: Myth, Reality, And Responsibility, Nick Allard
Faculty Scholarship
No abstract provided.
Captive Audiences, Children And The Internet, William D. Araiza
Captive Audiences, Children And The Internet, William D. Araiza
Faculty Scholarship
No abstract provided.
Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero
Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero
Faculty Scholarship
Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in targeting …
Spinning And Underpricing: A Legal And Economic Analysis Of The Preferential Allocation Of Shares In Initial Public Offerings , Sean J. Griffith
Spinning And Underpricing: A Legal And Economic Analysis Of The Preferential Allocation Of Shares In Initial Public Offerings , Sean J. Griffith
Faculty Scholarship
This Article investigates the preferential allocation, or “spinning,” of shares in initial public offerings. It begins by examining the offering process and the incentives of underwriters, issuers, and investors. Through this examination of the participants and the process, it locates the harm of spinning in the underpricing of initial public offerings. The Article then seeks to identify precisely which participants in the offering process are harmed by the practice and finally evaluates the most appropriate means of addressing this harm.
States And Internet Enforcement, Joel R. Reidenberg
States And Internet Enforcement, Joel R. Reidenberg
Faculty Scholarship
This essay addresses the enforcement of decisions through internet instruments. The starting point is a brief justification of internet enforcement as the obligation of democratic states. Next, the essay argues that the movement to re-engineer the internet infrastructure by public and private actions also facilitates state enforcement of legal and policy decisions. The essay maintains that states will increasingly try to use network intermediaries such as payment systems and Internet Service Providers as enforcement instruments. Finally, and most importantly, the essay focuses on ways that states may harness the power of technological instruments such as worms, filters and packet interceptors …
Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan
Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan
Faculty Scholarship
In light of the defects of the capital punishment system and recent calls for a moratorium on executions, many are calling for serious reform of the system. Even some who would not eliminate the death penalty entirely propose reforms that they contend would result in fewer executions and would limit the death penalty to a category that they call the "worst of the worst." This program asks the question: Is there a category of defendants who are the "worst of the worst?" Can a crime be so heinous that a defendant can be said to "deserve" to be executed? Would …
Screening Versus Plea Bargaining: Exactly What Are We Trading Off?, Gerard E. Lynch
Screening Versus Plea Bargaining: Exactly What Are We Trading Off?, Gerard E. Lynch
Faculty Scholarship
I was delighted to be invited to comment on Ronald Wright and Marc Miller's important and instructive article, The Screening/Bargaining Tradeoff. Those familiar with the authors' work, including their original and fascinating criminal procedure casebook, will be unsurprised by many of the article's virtues, including a focus on empirical examination of real-world practice and (perhaps a special case of that more general virtue) attention to practices at the state and local level, where most criminal law enforcement actually occurs. Wright and Miller develop some interesting insights into the potential for changes in plea bargaining practices that have frequently been …
Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno
Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno
Faculty Scholarship
On June 20, 2001, Andrea Yates drowned her four children in a bathtub. At Andrea’s trial, in Harris County, Texas, the prosecution’s star expert, Patrick Dietz, appeared particularly adept at persuading the jury to accept the prosecution’s assertion that Andrea was sane and acting intentionally when she killed her children. This Article analyzes the problematic aspects of Dietz's testimony in an effort to contribute some balance to the Andrea Yates story. Despite the long history of expert witnesses in criminal trials, the justice system should question the fairness and efficacy of such an unregulated storytelling process. Part I of this …
Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green
Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green
Faculty Scholarship
Most criminal defendants in the United States cannot afford to pay for a lawyer's services, and as a result their lawyers are government funded. Unfortunately, some state and local governments drastically under-fund indigent defense services. Criminal defense lawyers serving in these jurisdictions typically carry grossly excessive caseloads and are therefore severely restricted in how much time they can devote to individual clients. Commentators have targeted the under-funding of indigent defense systems as a problem of criminal justice, constitutional law, and civil rights. That is certainly true, but the under-funding of indigent defense also raises a serious and inadequately recognized problem …
Excuse And Justification In The Law Of Fair Use: Transaction Costs Have Always Been Only Part Of The Story, Wendy J. Gordon
Excuse And Justification In The Law Of Fair Use: Transaction Costs Have Always Been Only Part Of The Story, Wendy J. Gordon
Faculty Scholarship
In American copyright law, the doctrine of "fair use" has long been problematic. Every plausible litmus test that might simplify the "fair use" inquiry has proven inadequate, and copyright commentators have long sought an algorithm or heuristic to lend predictability and conceptual coherence to the doctrine. Twenty years ago, I published in this Journal an article entitled Fair Use as Market Failure, which suggested that the key to understanding the protean terms of "fair use" could best be found in the notion of market failure. That 1982 article has been often misapplied, by both courts and commentators. I am …
Reexamining The Posse Comitatus Act: Toward A Right To Civil Law Enforcement, Sean J. Kealy
Reexamining The Posse Comitatus Act: Toward A Right To Civil Law Enforcement, Sean J. Kealy
Faculty Scholarship
The military is currently prohibited by federal statute from participating in domestic law enforcement. The Posse Comitatus Act of 1878 ("PCA") establishes criminal penalties for people who willfully use members of the Army or the Air Force to execute the laws. Although a product of the Reconstruction Era, this law reflects a strong American tradition against the domestic use of the military that stretches back before the founding of the nation.
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero
Faculty Scholarship
Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …