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Articles 17941 - 17970 of 20481
Full-Text Articles in Entire DC Network
People V. Yu, Barbara Yan
On The Adequacy Of Direct Review After The Real Id Act Of 2005, Gerald L. Neuman
On The Adequacy Of Direct Review After The Real Id Act Of 2005, Gerald L. Neuman
NYLS Law Review
No abstract provided.
How The Plaintiffs’ Bar Bars Plaintiffs, Richard L. Abel
How The Plaintiffs’ Bar Bars Plaintiffs, Richard L. Abel
NYLS Law Review
No abstract provided.
The Making Of A Constitution In Afghanistan, J. Alexander Thier
The Making Of A Constitution In Afghanistan, J. Alexander Thier
NYLS Law Review
No abstract provided.
Seeing The Forest And The Trees: Reconceptualizing State And Government Succession Reviewing: Tai-Heng Cheng, State Succession And Commercial Obligations (2006), Gregory W. Bowman
Seeing The Forest And The Trees: Reconceptualizing State And Government Succession Reviewing: Tai-Heng Cheng, State Succession And Commercial Obligations (2006), Gregory W. Bowman
NYLS Law Review
No abstract provided.
Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel
Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel
NYLS Law Review
No abstract provided.
Empresa Cubana Del Tabaco V. Culbro Corp., Victoria Loughery
Empresa Cubana Del Tabaco V. Culbro Corp., Victoria Loughery
NYLS Law Review
No abstract provided.
Canadian Softwood Lumber And “Free Trade” Under Nafta, Sydney M. Cone Iii
Canadian Softwood Lumber And “Free Trade” Under Nafta, Sydney M. Cone Iii
NYLS Law Review
No abstract provided.
The Failure Of Innocent Spouse Reform, Richard C.E. Beck
The Failure Of Innocent Spouse Reform, Richard C.E. Beck
NYLS Law Review
No abstract provided.
“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair
“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair
NYLS Law Review
No abstract provided.
Chip Away At The Stone: The Validity Of Pre-Bankruptcy Clauses Contracting Around Section 363 Of The Bankruptcy Code, Matthew P. Goren
Chip Away At The Stone: The Validity Of Pre-Bankruptcy Clauses Contracting Around Section 363 Of The Bankruptcy Code, Matthew P. Goren
NYLS Law Review
No abstract provided.
Cross-Cultural Differences In The Perception Of Group Entitativity And Autonomy, Koichi Kurebayashi
Cross-Cultural Differences In The Perception Of Group Entitativity And Autonomy, Koichi Kurebayashi
Student Work
This research examined cross-cultural differences in group perceptions. Specifically, it examined the relative importance of the properties underlying perceived entitativity and the influence of entitativity on group autonomy beliefs among American and Japanese college students. Group properties were divided into two categories: essence properties and dynamic properties. Essence properties included similarities in group members’ physical characteristics, background, and personality traits. Dynamic properties included commonality in goals, outcomes, and cooperation among members. It was found that both American and Japanese people’s perceptions of entitativity were higher when essence and dynamic properties were high. However, essence properties were more strongly related to …
Finding The Contract In Contracts For Law, Forum And Arbitration, William J. Woodward, Jr.
Finding The Contract In Contracts For Law, Forum And Arbitration, William J. Woodward, Jr.
UC Law Business Journal
Provisions specifying the choice of law or forum in adhesive contracts can have a profound, if not decisive, effect on the outcome of consumer litigation. But whose law governs whether these clauses or the contract itself are binding on the parties? The author presents an analytical framework for separating the conflicts and contracts issues, and then applies this expanded analysis to an important recent California case that hinges upon the court's interpretation of these questions.
The Legal Character Of Private Codes Of Conduct: More Than Just A Pseudo-Formal Gloss On Corporate Social Responsibility, Veronica Besmer
The Legal Character Of Private Codes Of Conduct: More Than Just A Pseudo-Formal Gloss On Corporate Social Responsibility, Veronica Besmer
UC Law Business Journal
Corporate codes, nothing more than statements that define a corporation's own best behavior, have become ubiquitous in today's business reality that witnesses ever-louder demands for greater corporate accountability. However, the codes' enforceability is uncertain, as they lack the statutory liability or the jurisdictional nexus in case of transnational enterprises. Still, consumers, who are increasingly socially and environmentally conscious, often reward any voluntary declaration of corporate social responsibility. This article outlines the current forms of regulations and reviews some legal enforcement theories. The author concludes that quasi-formal enforcement mechanisms such as stakeholder pressure and greater consumer demand for responsible corporate behavior …
A Briefing For American Businesses Looking To Invest In Vietnam, Valerie Clemen
A Briefing For American Businesses Looking To Invest In Vietnam, Valerie Clemen
UC Law Business Journal
Positioned to become the newest member of the WTO later this year, Vietnam is an ever more appealing destination for foreign investors. In 2005 alone, the country received an impressive $5.8 billion in foreign investment. This note provides the essential information for any American business contemplating expansion into Vietnam. After a brief overview of modem Vietnam, this note delves into the major trade agreements between the United States and Vietnam and changes that are being made to make Vietnam a more comfortable environment for business. The final section deals with the risks that remain a part of doing business in …
Mutual Funds Scandals - Comparative Analysis Of The Role Of Corporate Governance In The Regulation Of Collective Investments, Jerry W. Markham
Mutual Funds Scandals - Comparative Analysis Of The Role Of Corporate Governance In The Regulation Of Collective Investments, Jerry W. Markham
UC Law Business Journal
This article undertakes a comparative analysis of the mechanisms used to regulate collective investments. The article first traces the growth and development of mutual funds and their regulation and concludes that the corporate governance model for mutual funds has failed. The article then examines alternative regulatory schemes for collective investments, including hedge funds, commodity pools, common trust funds, collective investment funds for pensions, endowments, and insurance company reserves. The article concludes that alternative regulatory structures would serve at least as well as the current regulatory structure for mutual funds, which has proved to be overly costly, complex, and ineffective.
An Unconscionable Application Of The Unconscionability Doctrine: How The California Courts Are Circumventing The Federal Arbitration Act, Stephen A. Broome
An Unconscionable Application Of The Unconscionability Doctrine: How The California Courts Are Circumventing The Federal Arbitration Act, Stephen A. Broome
UC Law Business Journal
This Article examines the California courts' unconscionability jurisprudence, highlighting the disparate application of unconscionability doctrine in cases involving arbitration agreements as contrasted with cases involving "ordinary" contracts. The article undertakes an empirical analysis of California cases applying unconscionability doctrine and finds that unconscionability challenges before the California appellate courts succeed with far greater frequency when the contractual provision at issue is an arbitration agreement. The article concludes that California's unconscionability jurisprudence violates the basic mandate of the FAA that arbitration agreements be placed on equal footing with ordinary contractual provisions.
Meeting The Federal Mandates: Research On Effective Reading Instructional Programs And Implications For Classroom Teachers, Sekhar Pindiprolu, David Forbush, Lori J. Marks
Meeting The Federal Mandates: Research On Effective Reading Instructional Programs And Implications For Classroom Teachers, Sekhar Pindiprolu, David Forbush, Lori J. Marks
ETSU Faculty Works
Both the No Child Left Behind (NCLB) mandate (2001) and the Individuals with Disabilities Education Improvement Act (IDEA) (2004), call for use of scientifically validated reading instructional practices, curricula, and accountability for successful learning outcomes. This paper highlights one of the reading programs identified as scientifically validated by independent research groups and discusses its implications for classroom teachers. On the other hand, we do not embrace the idea that other reading programs are ineffective. We believe that there is no one single method or program to teach all children effectively. However, we believe that use of programs that have been …
Civil Disobedience In The Jury Room: Give Juries The Right To Go With Their Power, Robert J. Gallaghe
Civil Disobedience In The Jury Room: Give Juries The Right To Go With Their Power, Robert J. Gallaghe
Richmond Journal of Law and the Public Interest
This Comment will argue that jury nullification is not only a power enjoyed by juries throughout America, but a duty conferred on jurors, and a part of the criminal justice system that should be embraced, not hidden from sight. Part I will highlight the historical origins and justifications of jury nullification. It will also discuss jury nullification in its contemporary context. Part II will address some of the criticisms of jury nullification and provide responses to those criticisms. Finally, Part III will propose a framework for integrating jury nullification into the regular criminal justice process.
In Search Of Nella Larsen: A Biography Of The Color Line By George Hutchinson (Book Review), Daryl Cumber Dance
In Search Of Nella Larsen: A Biography Of The Color Line By George Hutchinson (Book Review), Daryl Cumber Dance
English Faculty Publications
With In Search of Nella Larsen, George Hutchinson makes the third major attempt to provide a biography of the elusive Harlem Renaissance author Nella Larsen (1891-1964), the mulatto daughter of immigrants from Denmark and the Danish West Indies whose life and fiction were shaped largely by her mixed emotions about her racial heritage and her feelings of abandonment by her white mother, stepfather, and sister. In his introduction, Hutchinson makes much of the errors of prior Larsen biographers Charles R. Larson (Invisible Darkness: Jean Toomer and Nella Larsen [1993]) and Thadious M. Davis (Nella Larsen, Novelist of …
Bennett, Louise, Daryl Cumber Dance
Bennett, Louise, Daryl Cumber Dance
English Faculty Publications
Louise Bennett, affectionately called Miss Lou, is Jamaica's most beloved folk poet, performer, and collector; she was born in Kingston, Jamaica, on September 7, 1919. Her father, a baker, died when she was seven years old, and her mother worked as a dressmaker to provide for her only child. She was educated in Jamaica at Calabar Elementary School, Excelsior High School, and St. Simon's College, after which she received a scholarship to study at the Royal Academy of Dramatic Art in England.
Further Studies In Rio Grande Valley History, Milo Kearney, Anthony K. Knopp, Antonio Zavaleta
Further Studies In Rio Grande Valley History, Milo Kearney, Anthony K. Knopp, Antonio Zavaleta
Studies in Rio Grande Valley Regional History Series
Salt: basis of wealth in South Texas / David J. Mycue -- The Zavaleta Family : a legacy of public service / Antonio N. Zavaleta and James E. Zavaleta with Theresa Zavaleta -- Carnaval y fiestas Mexicanas de Matamoros / Rosaura Alicia Davila -- A history of the development of Brazos Santiago Pass / Carl Chilton -- El Retraso español y su interés final por la colonización del Bajo Bravo / Arturo Zarate Ruiz - Fugitive slaves and free Blacks in South Texas / Alberto Rodriguez -- reporting from the Rio Grande : how the press saw the Brownsville area …
Effectiveness Of Fiscal Policy In The U.K. During The 1960-1990 Time Period, Peter J. Saunders
Effectiveness Of Fiscal Policy In The U.K. During The 1960-1990 Time Period, Peter J. Saunders
All Faculty Scholarship for the College of Business
This study investigates the impact of fiscal policy on the U.K. economy during the 1960 - 1990 time period. The empirical analysis is conducted within the Granger causality testing methodology. Initially the causal flows between fiscal expenditures, deficits and nominal GDP are examined. A hi-directional causal flow between expenditures and nominal GDP is established while deficits and nominal GDP are found to be statistically independent. However, the main contribution of this research lies in its emphasis on analyzing the impact of fiscal expenditures on real output and prices. The results of the trivariate analysis indicate the absence of causal flows …
An Optimum Currency Area In South Asia: Is It Plausible?, Nilanjan Banik, Basudeb Biswas, Peter J. Saunders
An Optimum Currency Area In South Asia: Is It Plausible?, Nilanjan Banik, Basudeb Biswas, Peter J. Saunders
All Faculty Scholarship for the College of Business
This article is an empirical investigation of the potential feasibility of an optimum currency area (OCA) in South Asia. Under an OCA, member countries share a common currency (like the Euro), and forego autonomy with respect to monetary policy instruments. Countries are good candidates for forming an OCA if there is a long-run relationship in the trend (permanent) component of output. Our results indicate existence of such a long-run relationship in the trend component of gross domestic product (GDP) among the member countries in South Asia. Hence, the South Asia region has the potential to form an OCA.
A Cross-Language Approach To Rapid Creation Of New Morpho-Syntactically Annotated Resources, Anna Feldman, Jirka Hana, Chris Brew
A Cross-Language Approach To Rapid Creation Of New Morpho-Syntactically Annotated Resources, Anna Feldman, Jirka Hana, Chris Brew
Department of Linguistics Faculty Scholarship and Creative Works
We take a novel approach to rapid, low-cost development of morpho-syntactically annotated resources without using parallel corpora or bilingual lexicons. The overall research question is how to exploit language resources and properties to facilitate and automate the creation of morphologically annotated corpora for new languages. This portability issue is especially relevant to minority languages, for which such resources are likely to remain unavailable in the foreseeable future. We compare the performance of our system on languages that belong to different language families (Romance vs. Slavic), as well as different language pairs within the same language family (Portuguese via Spanish vs. …
The Proliferation Security Initiative: A Model For International Cooperation, John Yoo, Glenn Sulmasy
The Proliferation Security Initiative: A Model For International Cooperation, John Yoo, Glenn Sulmasy
Hofstra Law Review
No abstract provided.
The Case For Selective Abolition Of The Rules Of Evidence, David Crump
The Case For Selective Abolition Of The Rules Of Evidence, David Crump
Hofstra Law Review
This article advocates selectively abolishing the exclusionary components in the Federal Rules of Evidence. Arguing that some parts of the existing rules cost more than the value of any benefits they provide, it is the author's position that the current system is sufficiently dysfunctional so as to make significant revisions in the Rules of Evidence worthwhile. The article examines the hearsay rule, the rules governing repetitive-behavior evidence, and issues regarding opinion evidence, experts, and authentication. The article proceeds to consider the rest of the FRE 400 series - particularly Rules 401 through 403 - and proposes modifications. Next, the article …
The Zeal Shortage, Anita Bernstein
The Zeal Shortage, Anita Bernstein
Hofstra Law Review
Although the duty of zealous advocacy enjoys nominal approval in most state bar rules and the secondary literature, today the majority of writings about zeal in the practice of law present zeal in a negative light. Critics use this word to object to lawyers' dishonesty, hyperpartisanship, aggressive or confrontational work styles, rudeness, and disregard for the interests of adversaries, the courts, and the public. This article, part of a Hofstra University symposium, builds on the literature that praises zealous advocacy (much of it written by symposium honoree Monroe Freedman) to identify a shortage of zeal in American legal practice and …
Reconsidering The Corporate Attorney-Client Privilege: A Response To The Compelled-Voluntary Waiver Paradox, Lonnie T. Brown Jr.
Reconsidering The Corporate Attorney-Client Privilege: A Response To The Compelled-Voluntary Waiver Paradox, Lonnie T. Brown Jr.
Hofstra Law Review
Many within the legal profession are presently of the opinion that the protection traditionally accorded by the corporate attorney-client privilege is being seriously eroded, if not completely destroyed. This sentiment has largely been inspired by the perceived effect of government use of what I refer to as "compelled-voluntary" waiver in the context of investigations into corporate wrongdoing. Various governmental bodies employ this waiver device, but the United States Department of Justice ("DOJ") is perhaps the best known and certainly the most vilified.
The DOJ guidelines for prosecuting corporations, embodied first in the so-called "Holder Memorandum" and now in the "Thompson …
Parents, Subsidiaries, And Rico Distinctiveness, William B. Ortman
Parents, Subsidiaries, And Rico Distinctiveness, William B. Ortman
University of Chicago Law Review
No abstract provided.