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Articles 7141 - 7170 of 9310

Full-Text Articles in Law

A Different Approach To Jurisprudence? Feminisms In German Legal Science, Legal Cultures, And The Ambivalence Of Law, Susanne Baer Jan 1996

A Different Approach To Jurisprudence? Feminisms In German Legal Science, Legal Cultures, And The Ambivalence Of Law, Susanne Baer

Cardozo Journal of Equal Rights & Social Justice

The integration of feminist theories into legal science and education faces significant challenges, particularly in Germany, where institutional and cultural barriers have slowed progress compared to other countries like Norway, Denmark, and the U.S. While feminist approaches have made inroads elsewhere, Germany remains hesitant, with the question of whether feminism belongs in legal education still unanswered. The tension between feminist perspectives and traditional legal methodologies, coupled with structural academia challenges, underscores the difficulty of achieving meaningful integration.

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On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge Jan 1996

On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.

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Using The American Courts To Prosecute International Crimes Against Women: Jane Doe V. Radovan Karadzic And S. Kadic V. Radovan Karadzic, Rachel Bart Jan 1996

Using The American Courts To Prosecute International Crimes Against Women: Jane Doe V. Radovan Karadzic And S. Kadic V. Radovan Karadzic, Rachel Bart

Cardozo Journal of Equal Rights & Social Justice

The note examines the use of the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) to prosecute international crimes against women, focusing on the *Karadzic* cases. It argues that these cases represent a significant expansion of U.S. federal jurisdiction over human rights abuses, particularly gender-based violence, committed abroad. The Second Circuit's decision to reverse the district court's dismissal and the Supreme Court's denial of certiorari affirmed the applicability of ATCA and TVPA to non-state actors and clarified their role in enforcing international human rights standards.

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Third World Texas: Nafta, State Law, And Environmental Problems Facing Texas Colonias Symposium - The Environment And The United States-Mexico Border - Comment., David L. Hanna Jan 1996

Third World Texas: Nafta, State Law, And Environmental Problems Facing Texas Colonias Symposium - The Environment And The United States-Mexico Border - Comment., David L. Hanna

St. Mary's Law Journal

The horrendous conditions along the Texas-Mexico border stem from factors on both sides of the Rio Grande River, including maquiladoras, migrant farms, poverty, poor land development, and bureaucracy. The adverse living conditions in Texas’s third world border region have resulted in immense health and safety problems. The United States government promised the North American Free Trade Agreement (NAFTA) would bring new environmental prosperity to the border region. Yet, aside from one sentence in the preamble, NAFTA does not directly address environmental protection. The United States and Mexico, as part of a series of environmental side agreements, created the Border Environmental …

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Nafta And The Environment: Dealing With Abnormally High Birth Defect Rates Among Children Of Texas-Mexico Border Towns Symposium - The Environment And The United States-Mexico Border - Comment., Kelly L. Reblin Jan 1996

Nafta And The Environment: Dealing With Abnormally High Birth Defect Rates Among Children Of Texas-Mexico Border Towns Symposium - The Environment And The United States-Mexico Border - Comment., Kelly L. Reblin

St. Mary's Law Journal

Along the 868-mile Texas-Mexico border thousands of young women live in fear as deadly birth defects with unknown causes threaten the lives of their unborn children. A total of ninety cases of the birth defect anencephaly, meaning the fetus has no brain, were reported in the fourteen Texas border counties between 1986 and 1991. The cause of these birth defects has yet to be determined officially; yet, researchers and residents along the Texas-Mexico border blame poor environmental conditions caused by the maquiladora industry and inadequate sewage facilities. The Texas Department of Health and the Centers for Disease Control investigated the …

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Giving Texas Lawyers Their Dues: The State Bar's Liability Under Hudson And Keller For Political And Ideological Activities., Ralph H. Brock Jan 1996

Giving Texas Lawyers Their Dues: The State Bar's Liability Under Hudson And Keller For Political And Ideological Activities., Ralph H. Brock

St. Mary's Law Journal

The State Bar must provide information for members to assess the propriety of mandatory dues and establish a procedure for members to challenge improper expenditures, however, the Texas State Bar provides no such procedure. Although most states have unified bars, opposition to compulsory bar membership is steady—due largely, to using membership dues to lobby state legislatures in favor of positions which some members may oppose. Chicago Teachers Union v. Hudson and Keller v. State Bar of California are the culmination of labor union and unified bar cases which uphold compulsory membership but establish constitutional limits on the uses of mandatory …

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Hopwood V. Texas: A Victory For Equality That Denies Reality Recent Development., Robert A. Lauer Jan 1996

Hopwood V. Texas: A Victory For Equality That Denies Reality Recent Development., Robert A. Lauer

St. Mary's Law Journal

Abstract Forthcoming.

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A Text Is Just A Text, Paul F. Campos Jan 1996

A Text Is Just A Text, Paul F. Campos

Publications

No abstract provided.

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That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson Jan 1996

That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson

Publications

No abstract provided.

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Toward A Pragmatic Model Of Judicial Decisionmaking: Why Tort Law Provides A Better Framework Than Constitutional Law For Deciding The Issue Of Medical Futility, Brent D. Lloyd Jan 1996

Toward A Pragmatic Model Of Judicial Decisionmaking: Why Tort Law Provides A Better Framework Than Constitutional Law For Deciding The Issue Of Medical Futility, Brent D. Lloyd

Seattle University Law Review

Recognizing that courts will eventually have to confront the issue of medical futility, this Comment argues that there is no principled basis for omitting these difficult questions from a legal analysis of the issue and that courts should therefore decide the issue in a manner that honestly confronts them. Specifically, the argument advanced here is that courts confronted with cases of medical futility should decide the issue under principles of tort law, rather than under principles of constitutional law. The crux of this argument is that tort principles provide an open-ended analytical framework conducive to considering troublesome questions like those …

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Overcoming Posner, Gerard V. Bradley Jan 1996

Overcoming Posner, Gerard V. Bradley

Journal Articles

Book Review of Overcoming Law. By Richard A. Posner. Cambridge: Harvard University Press. 1995.

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The Duration Of Copyright And The Limits Of Cultural Policy, J. H. Reichman Jan 1996

The Duration Of Copyright And The Limits Of Cultural Policy, J. H. Reichman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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“Attitudinal” Decision Making In The Federal Courts: A Study Of Constitutional Self Representation Claims, John R. Quinn Jan 1996

“Attitudinal” Decision Making In The Federal Courts: A Study Of Constitutional Self Representation Claims, John R. Quinn

Scholarly Works

This Article reports on the performance of a study based on and inspired by Segal and Spaeth's work. It examines the possible attitudinal bases of the entire corpus (over 100 cases) of federal district court decisions involving constitutional self-representation claims. As explained in greater detail below, this area of jurisprudence was selected for study because decisions often are dependent upon the exercise of judicial discretion-Segal and Spaeth's attitudinal factors. This study both elucidates the attitudinal methods of Segal and Spaeth and "proves" an exception to the attitudinal model hypothesized by Segal and Spaeth. That exception is the salience of doctrine …

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Corpus Juris Tertium: Redemptive Jurisprudence In Angels In America, John R. Quinn Jan 1996

Corpus Juris Tertium: Redemptive Jurisprudence In Angels In America, John R. Quinn

Scholarly Works

No abstract provided.

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Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder Jan 1996

Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder

Articles

The article examines the evolution of property concepts in legal frameworks, particularly focusing on the Uniform Commercial Code (U.C.C.) and its treatment of title in sales transactions. It argues that while the U.C.C. attempted to shift from traditional notions of property as a unitary right to a more process-oriented approach, it did not fully abandon the underlying imagery of property as a tangible, identifiable object. The analysis critiques the common law's emphasis on title and explores the idea that property should be viewed as a legal relation among subjects rather than a fixed, physical entity. The article proposes a reinterpretation …

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Judicial Knowledge, William B. Fisch Jan 1996

Judicial Knowledge, William B. Fisch

Faculty Publications

This paper reviews rules governing the use by judges in United States courts of their personal knowledge - as distinguished from that supplied by the parties in the adjudication of a civil case, whether of the particular facts out of which the dispute arises, or of general information with which the particular facts must be processed, or of law which is to be applied to the particular facts.

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Some Realism About Legal Surrealism, Jeanne L. Schroeder Jan 1996

Some Realism About Legal Surrealism, Jeanne L. Schroeder

Articles

The article challenges the traditional understanding of possession in property law, arguing that the concept is increasingly inadequate due to its reliance on physical metaphors that fail to account for intangible assets and noncustodial interests. It advocates for a shift toward an abstract, Hegelian approach, emphasizing legal recognition and control over physical custody, particularly in the context of modern commercial transactions governed by the Uniform Commercial Code (UCC).

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The Presumption Of Innocence: Patching The Tattered Cloak After Maryland V. Craig., Ralph H. Kohlmann Jan 1996

The Presumption Of Innocence: Patching The Tattered Cloak After Maryland V. Craig., Ralph H. Kohlmann

St. Mary's Law Journal

Over one hundred years ago, the United States Supreme Court recognized the importance of the presumption of innocence in a criminal justice system which is based on due process. The Court declared the presumption of innocence is “the undoubted law, axiomatic, and elementary, and its enforcements lies at the foundation … of our criminal law.” The Court’s changing view of the Sixth Amendment’s Confrontation Clause is the most recent contribution to the reduction in the practical value of the presumption of innocence. In Maryland v. Craig, the Court decided that while face-to-face confrontation forms the core of values furthered in …

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Law's Normative Claims, Philip E. Soper Jan 1996

Law's Normative Claims, Philip E. Soper

Book Chapters

People can look at non-conforming behaviour in two ways: either the person is acting immorally or the moral theory that condemns the behaviour is mistaken. To choose the former is to reflect a confidence in the existing moral theory, while choosing the latter is evidence that moral theory for that particular behaviour is wrong. This point says a lot about the link between the descriptive and evaluative enterprises of law. The development of basic moral principles, which draws from moral intuition, is a similar process when it comes to developing social practices, which in turn draw from human behaviour. Legal …

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The Most Dangerous Justice: The Supreme Court At The Bar Of Mathematics, Paul H. Edelman, Jim Chen Jan 1996

The Most Dangerous Justice: The Supreme Court At The Bar Of Mathematics, Paul H. Edelman, Jim Chen

Vanderbilt Law School Faculty Publications

We analyze the relative voting power of the Justices based upon Supreme Court decisions during October Term 1994 and October Term 1995. We take two approaches, both based on ideas derived from cooperative game theory. One of the measures we use has been used in connection with voting rights cases. After naming the Most Dangerous Justice, we conclude by identifying and explaining the inverse relationship between seniority and voting power.

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The New Wittgensteinians And The End Of Jurisprudence, George A. Martinez Jan 1996

The New Wittgensteinians And The End Of Jurisprudence, George A. Martinez

Faculty Journal Articles and Book Chapters

This article seeks to critically evaluate the new approach to jurisprudence and legal justification. In particular, one of the most significant contributions of the article is that it seeks to evaluate the new approach by, among other things, examining the history of the Wittgensteinian descriptive project in other areas of philosophy. The article focuses primarily on the work of Philip Bobbitt who has offered the leading example of this type of neo-Wittgensteinian approach. The arguments generated in the course of the article, however, may be applied against any neo-Wittgensteinian internalist approach to jurisprudence. Thus, the article seeks to provide a …

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The Distinction Between Crime And Tort In The Early Common Law, David J. Seipp Jan 1996

The Distinction Between Crime And Tort In The Early Common Law, David J. Seipp

Faculty Scholarship

Lawyers and judges in English royal courts between 1200 and 1500 drew a distinction between crime and tort. Each type of lawsuit-each writ or action-had its own form and nature. Medieval English lawyers grouped these individual actions into categories such as real actions and personal actions, writs of possession and writs of right.' The lawyers recognized categories that later acquired the labels crime and tort, although those were not the names for them in the early common law. Crimes were prosecuted by actions known as indictments and appeals of felony. Torts were remedied by writs of trespass alleging use of …

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Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle Jan 1996

Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle

Faculty Scholarship

Constitutional claims invariably turn on the underlying historical facts. In order to adjudicate claims presented in habeas corpus petitions, accordingly, the federal courts must somehow ascertain the facts. In some instances, the factual record can be augmented via discovery or expansion of the record under the federal habeas corpus rules.' Otherwise, disputed factual issues typically must be determined on the basis of previous litigation in state court or in independent federal evidentiary hearings.

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A Primer On The New Habeas Corpus Statute, Larry Yackle Jan 1996

A Primer On The New Habeas Corpus Statute, Larry Yackle

Faculty Scholarship

The Antiterrorism and Effective Death Penalty Act (Pub. L. 104-132), signed into law on April 24, 1996, represents Congress' attempt to deal with the problems deemed to beset federal habeas corpus for state prisoners. This new statute addresses many important aspects of habeas law and practice and, as to them, now occupies the field to the exclusion of previous arrangements-whether developed as a construction of preexisting statutes or as interstitial decisional law. On the whole, however, Pub. L. 104-132 presupposes the basic framework now in place. This matter-of-fact point (that the new statute takes the preexisting habeas landscape as its …

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Legal Indeterminacy: Its Cause And Cure, Gary S. Lawson Jan 1996

Legal Indeterminacy: Its Cause And Cure, Gary S. Lawson

Faculty Scholarship

Legal indeterminacy--the extent to which any particular legal theory cannot provide knowable answers to concrete problems is one of the principal themes of modern jurisprudence. Indeterminacy plays an important role in debates concerning interpretation, the nature of legal obligation, and the character and possibilities of the rule of law. Indeterminacy looms particularly large in debates concerning originalism as a method of constitutional interpretation. Some scholars insist that originalism resolves too few problems to be of much use, while others argue that originalism's indeterminacy is often overstated.

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A Neo-Institutional Paradigm For Contracts Formed In Cyberspace: Judgment Day For The Statute Of Frauds, Marc E. Szafran Jan 1996

A Neo-Institutional Paradigm For Contracts Formed In Cyberspace: Judgment Day For The Statute Of Frauds, Marc E. Szafran

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Habeas Corpus Revolution: A New Role For State Courts., Charles F. Baird Jan 1996

The Habeas Corpus Revolution: A New Role For State Courts., Charles F. Baird

St. Mary's Law Journal

This Article’s purpose is to portray recent changes in the United States Supreme Court’s habeas corpus jurisprudence—limiting the scope of the federal writ while reducing the federal judiciary’s role overseeing the criminal justice systems. Seemingly, the Court gave little thought to whether this reduction in federal oversight should be accompanied by a greater measure of review on the part of state courts. The writ of habeas corpus, often referred to as the Great Writ, is the primary means of enforcing rights guaranteed under the United States Constitution and federal courts are the principal guardians of these rights. While commitment to …

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Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer Jan 1996

Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer

Journal Articles

Consider the way we American lawyers learn about the relationship between the church and the law: This grand constitutional and legal order we propose to serve is unfolded before us and built up in our minds and hearts; it comes to us out of multi-volume sets of course books, and, like the gods of Canaan, it comes to us as religious: Thomas Jefferson said America was God's New Israel; David Hoffman, the grandfather of legal ethics in America, spoke of the law as a temple and of us lawyers as priests who served in the temple; Law Day speakers commonly …

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Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric Jan 1996

Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution and effectiveness of equality law in Germany, particularly focusing on gender equality. It highlights the significant influence of European Community (EC) law on German legislation and discusses the challenges in implementing these laws to achieve substantial gender equality. The analysis reveals that while progress has been made, there are persistent issues in effectively enforcing these laws.

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Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend Jan 1996

Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend

Articles

This Article consists of two related pieces. One piece considers interpretations of Cardozo's opinion in Allegheny College v. National Chautauqua County Bank. Cardozo commonly is placed among the greatest American judges, but his "analysis in Allegheny College is regularly criticized as contrived and artificial." This Article attempts to resuscitate the reputation of his analysis by placing the case in its historical and doctrinal context. The other piece continues the elaboration of a framework introduced in a previous article for thinking about law as a discipline. Central to this framework is a particular conception of the western intellectual tradition in …

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