Law Commons^™

Review Of The Appearance Of Impropriety: How The Ethics Wars Have Undermined American Government, Business, And Society, By Peter W. Morgan And Glenn H. Reynolds., Jordan B. Hansell

Michigan Law Review

Rameshwar Sharma needed cash to continue his research on two proteins, alpha2A and alpha2GC, so he turned to the federal government. At the time he submitted his grant application, Sharma had completed a good deal of work on alpha2A but very little on alpha2GC At some point while typing his forty-six page grant application, Sharma realized that repeatedly typing alpha2A and alpha2GC was annoying. To ease his pain, he created macro keys that he could hit whenever he wished to type either protein. Big mistake. On page twenty-one he hit the wrong key, inserting alpha2GC where alpha2A should have been. …

The Judges V. The People: Judicial Independence And Democratic Ideals, Abner J. Mikva

Cardozo Law Review

No abstract provided.

Casey "Versus" Salerno: Determining An Appropriate Standard For Evaluating The Facial Constitutionality Of Abortion Statutes, Skye Gabel

Cardozo Law Review

No abstract provided.

For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz

Florida State University Law Review

No abstract provided.

Against Common Sense: Why Title Vii Should. Protect Speakers Of Black English, Jill Gaulding

University of Michigan Journal of Law Reform

The speech of many black Americans is marked by phrases such as 'we be writin"' or "we don't have no problems." Because most listeners consider such "Black English" speech patterns incorrect, these speakers face significant disadvantages in the job market. But common sense suggests that there is nothing discriminatory about employers' negative reactions to Black English because it makes sense to allow employers to insist that employees use correct grammar.

This article argues against this common sense understanding of Black English as bad grammar. The author first analyzes the extent of the job market disadvantages faced by Black English speakers …

An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks

University of Arkansas at Little Rock Law Review

No abstract provided.

The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander

Cornell Law Faculty Publications

No abstract provided.

The Death Knell For School Expulsion: The 1997 Amendments To The Individuals With Disabilities Education Act , Theresa J. Bryant

American University Law Review

No abstract provided.

A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Metropolitanism, Progressivism, And Race, Edward A. Zelinsky

Articles

Professor Zelinsky examines three books on local government. Two of these, Cities Without Suburbs, by David Rusk, and Citistates, by Neal Peirce, call for metropolitanizing the governance of urban areas. Our Town, by David L. Kirp, John P. Dwyer, and Larry A. Rosenthal, explores the Mt. Laurel litigation and its aftermath and suggests that the land use authority of local governments be diminished through court-ordered zoning for low-income housing.

Professor Zelinsky is skeptical of these well-intentioned proposals. The metropolitan governments advocated by Rusk and Peirce would be less responsive than the smaller localities they would replace and less likely to …

Being Female Can Be Fatal: An Examination Of India's Ban On Pre-Natal Gender Testing, Andrea Krugman

Cardozo Journal of International and Comparative Law

The note examines India's 1996 Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, which aims to address the severe gender imbalance caused by prenatal sex selection and female feticide. Despite the Act's intentions, its effectiveness is hindered by deep-rooted cultural preferences for male children, economic pressures, and insufficient enforcement mechanisms. The analysis highlights the need for broader societal changes, including education and economic empowerment for women, to effectively combat gender discrimination.

Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton

Osgoode Hall Law Journal

Despite valiant endeavours by feminist, critical race, and Queer scholars to transform the legal culture, the transformative project has been limited because of the power of corporatism, a phenomenon deemed marginal to the currently fashionable micropolitical sites of critical scholarship. However, liberal, as well as postmodern scholarship, has largely preferred to ignore the ramifications of the "new economy," which includes a marked political shift to the right, the contraction of the public sphere, the privatization of public goods, globalization, and a preoccupation with efficiency, economic rationalism, and profits. I argue that technical reasoning, or "technocentrism," has enabled corporatism to evade …

Mar. 1998, Ifc, Policy Statement On Forced Child Labor, Ifc

IFC E&S Performance Standards

No abstract provided.

Global Rights, Local Wrongs, And Legal Fixes: An International Human Rights Critique Of Immigration And Welfare "Reform", Berta E. Hernández-Truyol, Kimberly A. Johns

UF Law Faculty Publications

The United States enjoys a lofty reputation worldwide as the land of opportunity and dreams, the welcoming home to all who want to be free, the brave new world that embraces huddled masses and offers them limitless possibilities to find freedom, liberty, and happiness. In marked juxtaposition to this welcomeness narrative is the counter-narrative of historic exclusion evidenced by the harsh description of these "huddled masses, yearning to breathe free" as "wretched refuse." Indeed, to describe some immigrants as "wretched refuse" manifests that Lady Liberty's welcome is, at best, highly selective and, at worst, patently discriminatory. The irony, of course, …

The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora

Cardozo Law Review

No abstract provided.

Feb. 23, 1998, Email From A. Wilkes And A. Durbin To Ngos, Re Ifc 10 Year Strategy Review, Alex Wilks, Andrea Durbin

IFC E&S Performance Standards

No abstract provided.

U.S. Income Taxation Of Foreign Parties: A Primer, Ernest R. Larkins

Syracuse Journal of International Law and Commerce

Over the last five years for which data are available, the number of foreign corporations showing net income on Form 1120F, U.S. Income Tax Return of a Foreign Corporation, has increased 36.5 percent. [1] In addition, the number of individuals granted temporary stays in the United States as non-immigrants has steadily increased from 9.5 million in 1985 to 24.8 million in 1996, an average annual increase of 9.1 percent. [2] These increases evidence growing opportunities to serve international clients and suggest that tax professionals must have a fundamental working knowledge of the way the U.S. tax system treats foreign parties. …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Economic Espionage: The Front Line Of A New World Economic War

Syracuse Journal of International Law and Commerce

No abstract provided.

Interpreting The Basic Law With Chinese Characteristics, James C. Hsiung

Centre for Public Policy Studies : CPPS Working Paper Series

Written for the 29 November 1997 session of the Basic Law Series, sponsored by the University of Hong Kong Centre of Comparative and Public Law, in conjunction with the Hong Kong Bar Association. I am grateful for comments on an earlier draft graciously extended by Mr. Stephen Kai-yi Wong, Acting Solicitor General, HKSAR. Any remaining imperfections remain my sole responsibility.

Syracuse Journal Of International Law And Commerce - Vol. 26, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

1997-1998 Survey Of International Law In The Second Circuit

Syracuse Journal of International Law and Commerce

This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from Aug. 1, 1997 through Aug. 1, 1998. Only those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.

Table of Contents I. Foreign Sovereign Immunity Act II. Forum Non-Conveniens III. Immigration and Nationality Act IV. Quasi-In-Rem Jurisdiction and the Question of Due Process for Foreign Entities V. Warsaw Convention

Saddam Hussein As Hostes Humani Generis? Should The U.S. Intervene?, Edieth Y. Wu

Syracuse Journal of International Law and Commerce

This article discusses several jurisdictional principles which may assist the United States in its efforts to acquire jurisdiction in certain situations that are declared, by the United States, egregious enough to warrant intervention. The United States has long used the "effects doctrine" 1 to assert extraterritorial jurisdiction. This article concentrates on developing and employing the Hostes Humani Generis Theory 2 and its past and possible future use. The central focus is to determine whether the possibility exists that the United States may use the theory in an effort to acquire physical jurisdiction over Saddam Hussein.

A survey, though not comprehensive, …

How To Tell Law Stories, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan

UIC Law Review

No abstract provided.

Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith

UIC Law Review

No abstract provided.

Resistance Is Futile: How Legal Writing Pedagogy Contributes To The Law's Marginalization Of Outsider Voices, Kathryn M. Stanchi

Scholarly Works

This Article will examine the ways in which legal writing pedagogy contributes to the marginalization of outsider voices in the law. In Part II, the Article explores the two reigning pedagogies of legal writing and describes the linguistic model used to gauge how teaching law as language marginalizes outsider voices. In Part III, the Article applies the linguistic model to explore specific examples of how legal writing pedagogy may contribute to the marginalization of certain groups by focusing on audience and socializing them into the culture and language of law. In Part IV, the Article considers various solutions, all of …

Continuing Classroom Conversation Beyond The Four Whys, Jeffrey W. Stempel, Bailey Kuklin

Scholarly Works

LAW school classes regularly prove Santayana's aphorism. Although nearly every law teacher desires to keep discussion focused and forward-moving, there are more than a few moments of thundering silence experienced in the classroom. Most of us adjust to this inevitability by positing some pedagogical virtue to still air and contenting ourselves with the knowledge that conversation-stopping “whys?” are usually delivered by us as teachers rather than the students. Perhaps we are underappreciative of the value discomfitting silence has, but we generally prefer that the conversation continue, that we miss the opportunity to feel simultaneously smug and uncomfortable, and that students …

Indictments And Informations In Texas: The Conduct/Evidence Pleading Conundrum., Robert R. Barton

St. Mary's Law Journal

In the prosecution of a criminal case in Texas, the State’s primary pleading is an indictment or information. In an indictment or information, there are two basic rules for the charging of an offense. First, the defendant must be given adequate notice to prepare a defense and to plead the judgment from the trial of the case in bar to a subsequent prosecution for the same offense. Second, the State is not required to plead evidentiary matters. The simplicity of these rules exists more in their statement than in their application because circumstances exist which require the State to plead …

Taxation In The Bible During The Period Of The First And Second Temples, 7 J. Int'l L. & Prac. 225 (1998), Ronald Z. Domsky

UIC Law Open Access Faculty Scholarship

No abstract provided.