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Articles 10921 - 10950 of 14463
Full-Text Articles in Entire DC Network
Transformative Justice And The Ethos Of Nuremberg, Jonathan Turley
Transformative Justice And The Ethos Of Nuremberg, Jonathan Turley
Loyola of Los Angeles Law Review
No abstract provided.
Empowering Stakeholders: Limits On Collaboration As The Basis For Flexible Regulation, Mark Seidenfeld
Empowering Stakeholders: Limits On Collaboration As The Basis For Flexible Regulation, Mark Seidenfeld
Scholarly Publications
No abstract provided.
Legal Audits For E-Commerce Ventures, Richard C. Bulman Jr., Jorge R. Gutierrez
Legal Audits For E-Commerce Ventures, Richard C. Bulman Jr., Jorge R. Gutierrez
Montana Law Review
Legal Audits for E-Commerce Ventures
Comes A Time: The Case For Recording Interrogations, Daniel Donovan, John Rhodes
Comes A Time: The Case For Recording Interrogations, Daniel Donovan, John Rhodes
Montana Law Review
Comes a Time: The Case for Recording Interrogations
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Articles, Book Chapters, & Popular Press
If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Articles, Book Chapters, & Popular Press
If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …
The Contested Lessons Of Euthanasia In The Netherlands, Jocelyn Downie
The Contested Lessons Of Euthanasia In The Netherlands, Jocelyn Downie
Articles, Book Chapters, & Popular Press
In this paper, while I will conclude that the Dutch experience should give us some concern about a slippery slope, I will, more importantly, also conclude that it should not give us the level of concern suggested by some commentators. I will argue that it does not provide a basis on which to conclude that assisted suicide and voluntary active euthanasia should not be decriminalized in Canada. Rather, it provides a basis for proceeding with caution and developing a permissive regime that places barriers on the slope and contains mechanisms by which slippage down the slope can be detected (and, …
Egregious Inaction: Five Years After 'Of Life And Death', Jocelyn Downie
Egregious Inaction: Five Years After 'Of Life And Death', Jocelyn Downie
Articles, Book Chapters, & Popular Press
In November 1999, the Standing Senate Committee on Social Affairs, Science and Technology was authorized to examine and report upon developments since the release of Of Life and Death, the final report of the Special Senate Committee on Euthanasia and Assisted Suicide. A subcommittee to update Of Life and Death was therefore established. On February 14, 2000, I participated in the first panel of witnesses before this subcommittee. In light of the subcommittee's mandate, I set myself the following two tasks: first, to update the legal status sections of Of Life and Death by reporting on any changes to the …
Statutory Interpretation In The Courtroom, The Classroom, And Canadian Legal Literature, Stephen F. Ross
Statutory Interpretation In The Courtroom, The Classroom, And Canadian Legal Literature, Stephen F. Ross
Faculty Scholarship
In recent years, judges and scholars in Canada and the United States are devoting more attention to the theory and techniques involved in statutory interpretation. Although some advocate "foundational" theories to answer all theories of interpretation, most difficult cases require a pragmatic approach that requires analysis of the statutory text, original legislative intent, and legislative purpose in light of modern circumstances. Moreover, the most difficult cases may not be answerable by any of these approaches. In difficult cases, judges often resort to "normative canons" - rules they created to further a jurisprudence they desire. These canons need to be closely …
How Good Is Good Enough?: Expert Evidence Under Daubert And Kuhmo, David H. Kaye, David L. Faigman, Michael J. Saks, Joseph Sanders
How Good Is Good Enough?: Expert Evidence Under Daubert And Kuhmo, David H. Kaye, David L. Faigman, Michael J. Saks, Joseph Sanders
Faculty Scholarship
This essay is a response to Professor Edward Imwinkelried's article, "Should the Courts Incorporate a Best Evidence Rule into the Standard Determining the Admissibility of Scientific Testimony?: Enough is Enough When it is not the Best." The authors have two basic points. First, the authors wish to make it clear that they never proposed the "best evidence rule" that he so vigorously attacks, and they think his suggestion that they did so is strained. Second, they wish to reiterate that courts sometimes should do more than they have to ensure that expert testimony is reasonably sound. The important debate underway …
Domestic Violence As A Factor In Custody Determinations In New York State, Hon. Judith J. Gische
Domestic Violence As A Factor In Custody Determinations In New York State, Hon. Judith J. Gische
Fordham Urban Law Journal
In 1996, the New York State Legislature mandated that rial courts consider the effect of domestic violence in child custody and visitation disputes. In 1998, the legislature amended the law to provide that, under most circumstances, a person convicted of murdering a child's parent shall be denied custody and visitation. The amendment was in response to a growing national trend to give greater attention to the serious effect domestic violence has on children. While the law now conveys the seriousness with which the legislature view domestic violence, many problems inherent in resolving custody and visitation disputes involving domestic violence still …
Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky
Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky
Fordham Urban Law Journal
The enactment of the Violence Against Women Act (VAWA) of 1994 was viewed as "a potential vehicle of empowerment" for women, and was a long-awaited morve toward gender equality in the United States. By enacting the VAWA, Congress emphatically expressed a strong commitment to curb and attack the pervasiveness of sex-based violence. In practice, however, the civil rights remdy has fallen short. In the few VAWA cases brought under the civil rights remedy, the "crime of violence" requirement has been interpreted in such a narrow way that it strips the remedy of any effect. While there is confusion as to …
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
Fordham Urban Law Journal
The dual principles of promoting the marketplace of ideas and protecting individual autonomy lie at the core of the First Amendment. When the government assumes an affirmative role by opening opportunities for public speech, it places individuals' negative liberties, such as the right not to speak, at risk. This conflict cannot be avoided by analyzing compelled speech outside of the First Amendment; the autonomy promised by the Bill of Rights and repeatedly affirmed by Supreme Court jurisprudence protects the right not to speak. Scholars, jurists, and practitioners therefore should pay close attention to the right not to speak when the …
Civil Rights Law In Transition: The Forty-Fifth Anniversary Of The New York City Commission On Human Rights
Fordham Urban Law Journal
This Symposium co-sponsored by the New York City Commission on Human Rights and the Fordham Urban Law Journal includes transcripts of panel discussions on topics at the intersection of law and policy. These topics include mediation, domestic violence, disability law, hate crimes legislation, sexual harassment, and sexual orientation law.
Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy
Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy
Fordham Urban Law Journal
A discussion of the nature of forgiveness and its place in the law. This keynote address touches on the nature of forgiveness, dangers of hasty forgiveness, forgiveness as a virtue, forgiveness and Christianity
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.
Welcoming Remarks, John Ferrick
Welcoming Remarks, John Ferrick
Fordham Urban Law Journal
Opening remarks of Dean John Ferrick at the Ninth Annual Stein Center Symposium on the Role of Forgiveness in the Law.
Forgiveness In The Civil Law, Jacqueline Nolan-Haley
Forgiveness In The Civil Law, Jacqueline Nolan-Haley
Fordham Urban Law Journal
A discussion of the role of forgiveness in civil law, specifically relating to bankruptcy. Includes an audience question-and-answer session.
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.
Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen
Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen
Fordham Urban Law Journal
This article focuses on injuries committed by members of organizations, such as corporations, and examines distinct issues raised by apology in the organizational setting, in particular: the process of learning to prevent future errors, the divergent interests stemming from principal-agent tensions in employment, risk preferences and sources of insurance, the non-pecuniary benefits to corporate morale, productivity and reputation, the standing and scope of apologies, and the articulation of policies toward injuries to others.
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Fordham Urban Law Journal
A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.
Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson
Merciful Damages: Some Remarks On Forgiveness, Mercy And Tort Law, Neal R. Feigenson
Fordham Urban Law Journal
This article explores the place of forgiveness and mercy in tort law, describing frequent misgivings about encouraging forgiveness or mercy as part of the substantive or procedural law of torts. Finally, the article suggests a new concept, "merciful damages" which might allow some of the benefits of forgiveness while avoiding or mitigating some common concerns.
Restorative Justice And The Prosecutor, Frederick W. Gay
Restorative Justice And The Prosecutor, Frederick W. Gay
Fordham Urban Law Journal
A discussion of restorative justice and its relation to prosecutorial discretion. The article gives examples of the restorative alternatives to traditional criminal punishment and argues that such alternatives are an effective means of providing justice.
Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy
Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy
Fordham Urban Law Journal
A discussion of the nature of forgiveness and its place in the law. This keynote address touches on the nature of forgiveness, dangers of hasty forgiveness, forgiveness as a virtue, forgiveness and Christianity
Forgiveness And The Law, Martha Minow
Forgiveness And The Law, Martha Minow
Fordham Urban Law Journal
A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions
Welcoming Remarks, John Ferrick
Welcoming Remarks, John Ferrick
Fordham Urban Law Journal
Opening remarks of Dean John Ferrick at the Ninth Annual Stein Center Symposium on the Role of Forgiveness in the Law.
Forgiveness In The Civil Law, Jacqueline Nolan-Haley
Forgiveness In The Civil Law, Jacqueline Nolan-Haley
Fordham Urban Law Journal
A discussion of the role of forgiveness in civil law, specifically relating to bankruptcy. Includes an audience question-and-answer session.
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.
Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen
Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen
Fordham Urban Law Journal
This article focuses on injuries committed by members of organizations, such as corporations, and examines distinct issues raised by apology in the organizational setting, in particular: the process of learning to prevent future errors, the divergent interests stemming from principal-agent tensions in employment, risk preferences and sources of insurance, the non-pecuniary benefits to corporate morale, productivity and reputation, the standing and scope of apologies, and the articulation of policies toward injuries to others.
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love
Fordham Urban Law Journal
A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.