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2004

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Articles 17671 - 17700 of 20450

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Address Of W. Bernard Richland, Corporation Counsel Of The City Of New York, Before The National Institute Of Municipal Law Officers And World Conference On Law At Washington, D.C., W. Bernard Richland Jan 2004

Address Of W. Bernard Richland, Corporation Counsel Of The City Of New York, Before The National Institute Of Municipal Law Officers And World Conference On Law At Washington, D.C., W. Bernard Richland

NYLS Law Review

No abstract provided.


Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager Jan 2004

Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager

NYLS Law Review

No abstract provided.


Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman Jan 2004

Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman

NYLS Law Review

No abstract provided.


Missing The Mark: Nasd Rule 2711 And Nyse Rule 472 Mistakenly Emphasize Disclosure Rather Than Amending The Pleading Requirements Of Pslra, James J. Barney Jan 2004

Missing The Mark: Nasd Rule 2711 And Nyse Rule 472 Mistakenly Emphasize Disclosure Rather Than Amending The Pleading Requirements Of Pslra, James J. Barney

NYLS Law Review

No abstract provided.


In Re Nortel Networks Corp. Securities Litigation, Janis Golubock Jan 2004

In Re Nortel Networks Corp. Securities Litigation, Janis Golubock

NYLS Law Review

No abstract provided.


Virtual Worlds, Real Rules, Caroline Bradley, Michael Froomkin Jan 2004

Virtual Worlds, Real Rules, Caroline Bradley, Michael Froomkin

NYLS Law Review

No abstract provided.


Virtual Worlds As Comparative Law, James Grimmelmann Jan 2004

Virtual Worlds As Comparative Law, James Grimmelmann

NYLS Law Review

No abstract provided.


Who’S In Charge Of Who I Am?: Identity And Law Online, Susan P. Crawford Jan 2004

Who’S In Charge Of Who I Am?: Identity And Law Online, Susan P. Crawford

NYLS Law Review

No abstract provided.


Information Privacy In Virtual Worlds: Identifying Unique Concerns Beyond The Online And Offline Worlds, Tal Z. Zarksy Jan 2004

Information Privacy In Virtual Worlds: Identifying Unique Concerns Beyond The Online And Offline Worlds, Tal Z. Zarksy

NYLS Law Review

No abstract provided.


United States V. Jarrett, Andres A. Munoz Jan 2004

United States V. Jarrett, Andres A. Munoz

NYLS Law Review

No abstract provided.


Mmorpg's In The College Classroom, Aaron Delwiche Jan 2004

Mmorpg's In The College Classroom, Aaron Delwiche

NYLS Law Review

No abstract provided.


Violence In Virtual Societies, Peter Judmaier, Jorg Piringer Jan 2004

Violence In Virtual Societies, Peter Judmaier, Jorg Piringer

NYLS Law Review

No abstract provided.


"Go And Sin No More": The Constitutionality Of Governmentally Funded Faith-Based Prison Units, Lynn S. Branham Jan 2004

"Go And Sin No More": The Constitutionality Of Governmentally Funded Faith-Based Prison Units, Lynn S. Branham

University of Michigan Journal of Law Reform

This Article discusses faith-based prison programs that immerse prisoners living in residential units within a prison in a religious atmosphere. Part One analyzes the constitutionality of these programs under the Establishment Clause of the First Amendment. It notes that state action in the prison context receives more deference from courts than outside the prison context, and that prisoners' constitutional rights are more constricted than free persons" Part I proceeds to analyze the constitutionality of faith immersion programs in prisons, in light of the Supreme Court's precedents dealing with prisoners' rights and the Establishment Clause. States can defend immersion programs on …


Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook Jan 2004

Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook

University of Michigan Journal of Law Reform

This Note discusses various ways to bring the United States into better compliance with the 1963 Vienna Convention on Consular Relations The introduction to this Note discusses how violations of the Vienna Convention are currently treated in the United States. In particular, the introduction discusses the unsuccessful attempts to prevent the execution of Karl and Walter LaGrand, two German nationals sentenced to death in Arizona. The LaGrands were convicted after a violation of their rights under the Vienna Convention because they were not informed without delay of their right to consular notification and assistance. In later appeals, United States courts …


The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda Jan 2004

The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda

University of Michigan Journal of Law Reform

In this Article, Professors Chanenson and Gotanda propose that courts treat comparable maximum criminal or civil legislative fines as a presumptive due process limit on punitive damage awards. The Article reviews the manner in which courts have implemented the three-guidepost framework for constitutional review of punitive awards laid out by the Supreme Court in BMW of North America, Inc. v. Gore and in State Farm Mutual Automobile Insurance Co. v. Campbell. Finding that courts have struggled to articulate a coherent rationale and methodology for review of such awards, the authors propose a greater reliance on the third guidepost of …


Gathered Fragments Vol. Xv No. 2 Jan 2004

Gathered Fragments Vol. Xv No. 2

Gathered Fragments

No abstract provided.


Reorganization - 10 Years Later, William W. Hill Jan 2004

Reorganization - 10 Years Later, William W. Hill

Gathered Fragments

No abstract provided.


Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner Jan 2004

Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner

School of Law Faculty Publications

Cybercrime creates unique challenges for the reactive model of crime control that has been predominant for approximately the last century and a half. That model makes certain assumptions about crime, which derive from characteristics of real-world crime. These assumptions do not hold for cybercrime, so the reactive model is not an appropriate means of dealing with online crime. The article explains how modified principles of criminal law can be utilized to implement a new, non-reactive model which can deal effectively with cybercrime. This model of distributed security emphasizes prevention, rather than reaction, which is achieved by holding citizens liable for …


Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker Jan 2004

Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker

Richmond Journal of Law and the Public Interest

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Cwu Faculty Senate Minutes - Index 2003-2004, Janet Shields Jan 2004

Cwu Faculty Senate Minutes - Index 2003-2004, Janet Shields

Faculty Senate Minutes

No abstract provided.


The Escalating Copyright Wars, Peter K. Yu Jan 2004

The Escalating Copyright Wars, Peter K. Yu

Hofstra Law Review

Piracy is one of the biggest threats confronting the entertainment industry today. Every year, the industry is estimated to lose billions of dollars in revenue and faces the potential loss of hundreds of thousands of jobs. To protect itself against Internet pirates, the entertainment industry has launched the latest copyright war. So far, the industry has been winning. Among its trophies are the enactment of the Digital Millennium Copyright Act, Vivendi Universal's defeat and purchase of MP3.com, the movie studios' victory in the DeCSS litigation, the bankruptcy and subsequent sale of Napster and its recent relaunch as a legitimate subscription-based …


Unauthorized Pop-Up Advertising And The Copyright And Unfair Competition Implications, Michael A. Leon Jan 2004

Unauthorized Pop-Up Advertising And The Copyright And Unfair Competition Implications, Michael A. Leon

Hofstra Law Review

No abstract provided.


Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner Jan 2004

Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner

Hofstra Law Review

No abstract provided.


Defense-Oriented Judges, Abbe Smith Jan 2004

Defense-Oriented Judges, Abbe Smith

Hofstra Law Review

No abstract provided.


The Changing Face Of Judicial Elections, Gerald Stern Jan 2004

The Changing Face Of Judicial Elections, Gerald Stern

Hofstra Law Review

No abstract provided.


The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin Jan 2004

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Hofstra Law Review

Because I intend to be prescriptive (or, when it comes to the esteemed members of the bench who may be in the audience, “suggestive,” since it is they who wield the gavels while I -- as any lawyer appearing before members of the bench -- have only words), I must confess some biases before going further. First, I believe in “sunshine in litigation” and openness of both court records and discovery. I believe that courts are public forums, and that arguments about the privacy of disputes should generally be outweighed by the public's right to know. Some have strongly argued …


The Sec, The States And Attorney Conduct Rules: An Analysis Of Preemption Issues, Sara Levy Jan 2004

The Sec, The States And Attorney Conduct Rules: An Analysis Of Preemption Issues, Sara Levy

Hofstra Law Review

No abstract provided.


Judicial Error That Is Subject To Discipline In New York, Gerald Stern Jan 2004

Judicial Error That Is Subject To Discipline In New York, Gerald Stern

Hofstra Law Review

No abstract provided.


The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley Jan 2004

The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley

Hofstra Law Review

No abstract provided.


The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz Jan 2004

The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz

Hofstra Law Review

Prompted by the litany of complaints about corporate boards - as once again highlighted by recent corporate scandals - this paper seeks to add to the literature on why corporation laws in the United States (and, indeed, around the world) generally call for corporate governance by or under a board of directors. Moreover, this paper takes a very different approach in searching for an answer. Instead of theorizing, this paper examines historical sources in order to look at how and why an elected board of directors came to be the accepted mode of corporate governance. This will entail a reverse …