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Articles 12481 - 12510 of 14173

Full-Text Articles in Law

Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma Jan 1994

Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma

LLM Theses and Essays

A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments …


Identities, Sexualities, And The Postmodern Subject: An Analysis Of Artistic Funding By The National Endowment For The Arts, Carl F. Stychin Jan 1994

Identities, Sexualities, And The Postmodern Subject: An Analysis Of Artistic Funding By The National Endowment For The Arts, Carl F. Stychin

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson Jan 1994

The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson

St. Mary's Law Journal

This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …


Therapeutic Jurisprudence: Understanding The Sanist And Pretextual Bases Of Mental Disability Law, Michael L. Perlin Jan 1994

Therapeutic Jurisprudence: Understanding The Sanist And Pretextual Bases Of Mental Disability Law, Michael L. Perlin

Articles & Chapters

Symposium: Therapeutic Jurisprudence: From Idea to Application


Human Organ Transplantation: The Role Of Law, Fred H. Cate Jan 1994

Human Organ Transplantation: The Role Of Law, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.


The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri Jan 1994

The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri

Articles

No abstract provided.


Authority, Credibility, And Pre-Understanding: A Defense Of Outsider Narratives In Legal Scholarship, Marc A. Fajer Jan 1994

Authority, Credibility, And Pre-Understanding: A Defense Of Outsider Narratives In Legal Scholarship, Marc A. Fajer

Articles

No abstract provided.


Practicing Community (Book Review), Anthony V. Alfieri Jan 1994

Practicing Community (Book Review), Anthony V. Alfieri

Articles

No abstract provided.


Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby Jan 1994

Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby

Articles

No abstract provided.


A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave Jan 1994

A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave

Articles

No abstract provided.


Our Juries, Our Selves: The Power, Perception, And Politics Of The Civil Jury, Laura Dooley Jan 1994

Our Juries, Our Selves: The Power, Perception, And Politics Of The Civil Jury, Laura Dooley

Scholarly Works

No abstract provided.


The Word On Trial, Robin West Jan 1994

The Word On Trial, Robin West

Georgetown Law Faculty Publications and Other Works

Milner Ball's extraordinary book, The Word and the Law, begins with a narrative account of "seven practices in law." The seven practitioners Ball brings to life for the reader share two powerful traits: they all, in quite different ways, use law to lessen the multiple sufferings of various communities of poor people, and they all, by doing so, strengthen the communities within which and for which they labor. The reader gains from these accounts not only a sympathetic understanding of the lives of seven lawyers, but a renewed sense of the possibilities their practices present. This can be put any …


The Constitution Of Reasons, Robin West Jan 1994

The Constitution Of Reasons, Robin West

Georgetown Law Faculty Publications and Other Works

Cass Sunstein's book, The Partial Constitution, brings together a number of his constitutional law essays from the last ten years. During that time, Sunstein has argued, powerfully, for the unconstitutionality of regulatory constraints on access to abortion; for the constitutionality of and the need for regulation of violent pornography; for the constitutionality of limits on both campaign spending and congressional control over public broadcasting; for the deep consistency, conventional wisdom to the contrary notwithstanding, of the Court's repudiation of Lochner in 1937 with its 1974 decision in Roe v. Wade; for the view that we should accord far less deference …


Haymarket: Whose Name The Few Still Say With Tears, A Dramatization In Eleven Scenes, Michael E. Tigar Jan 1994

Haymarket: Whose Name The Few Still Say With Tears, A Dramatization In Eleven Scenes, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Against Marriage, Steven K. Homer Jan 1994

Against Marriage, Steven K. Homer

Faculty Scholarship

What is marriage? In the debate surrounding same-sex marriage, the central term has gone undefined. Using the Hawaii Supreme Court's decision in Baehr v. Lewin as a starting point, this Note argues that marriage lacks legal as well as experiential coherence. A series of legal and social moves intended, on the one hand, to preserve the dominance of heterosexuality over gays and lesbians and, on the other, to allow, heterosexuals to escape the dominance of heterosexuality over themselves, has left little conceptual space for marriage. That is, to speak of "extending marriage" to same-sex couples creates the illusion that marriage …


Dynastic Realms And Secular States: Introduction, David M. Engel Jan 1994

Dynastic Realms And Secular States: Introduction, David M. Engel

Journal Articles

No abstract provided.


Secular Fundamentalism, Paul F. Campos Jan 1994

Secular Fundamentalism, Paul F. Campos

Publications

No abstract provided.


Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill Dec 1993

Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill

Cardozo Law Review

Pierre Schlag's book-length law review article, The Problem of the Subject, sets out to reveal, and succeeds in revealing, nothing - Schlag reveals a gap or void in contemporary legal philosophy with respect to the subject. Of course, the subject (for now, the "I" or self or individual) can be found in legal theory-people reflect on law, make law, and obey or break the law-but legal theorists generally avoid the question of who the subject is. Thus, accounts of the subject are rare in legal scholarship, and the problems that such accounts would raise are generally evaded. Of course, …


Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd Nov 1993

Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd

WBIP Creation Up To 1993

No abstract provided.


Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad Nov 1993

Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad

WBIP Creation Up To 1993

No abstract provided.


Nov. 1993, Eurodad, Third World Debt In The 1900s, Eurodad Nov 1993

Nov. 1993, Eurodad, Third World Debt In The 1900s, Eurodad

WBIP Creation Up To 1993

No abstract provided.


Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle Nov 1993

Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle

Faculty Scholarship

Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited and …


Izvestiia As A Mirror Of Russian Legal Reform, Frances H. Foster Nov 1993

Izvestiia As A Mirror Of Russian Legal Reform, Frances H. Foster

Vanderbilt Journal of Transnational Law

In this Article, Professor Foster explores the breakdown of legal authority in post-Soviet Russia by examining the experience of the Russian newspaper Izvestiia. The author recounts the power struggles between the Russian president and the parliament, each seeking to exercise sole control over the destiny of Izvestiia and of post-Soviet Russia. Professor Foster argues that Izvestiia's battle for survival is merely symptomatic of the overall structural, procedural, and attitudinal obstacles to Russian legal reform in the post-Soviet era. The author concludes that the key to successful establishment of a stable, democratic, law-based state is a fundamental reconstitution of Russian legal …


The Law And Metaphor Of Boycott, Gary Minda Oct 1993

The Law And Metaphor Of Boycott, Gary Minda

Buffalo Law Review

No abstract provided.


Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld Oct 1993

Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld

Cardozo Law Review

The United States Constitution is remarkably silent on the subject of ultimate responsibility for constitutional interpretation, despite its elaborate prescriptions for a scheme of separation of powers that interweaves elements of independence and of interdependence among the distinct branches of the federal government. It is hardly surprising, therefore, that there have been several disputes between the President and the Supreme Court concerning the scope of executive autonomy in constitutional interpretation. In recent years, moreover, the conflict between judicial authority and executive autonomy has been exacerbated by efforts to legitimize presidential interpretations of the Constitution that are inconsistent with Supreme Court …


In Appreciation Of Jack Burns, Frank J. Macchiarola Oct 1993

In Appreciation Of Jack Burns, Frank J. Macchiarola

Cardozo Law Review

Jacob Burns was a good and gentle man. He did many fine and generous things in his lifetime, but the qualities that best describe him are the personal ones-good and gentle. The gentleness did not mean that he was unable to handle difficult matters or to exert the kind of strength that gave others solace. It meant that through these situations there was a contentment that always reassured the rest of us. The gentleness came from his concern for others and in the way he approached people. It was always thrilling for me to see Jack Burns in the company …


Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson Oct 1993

Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson

Cardozo Law Review

Jacob Burns lived a long and fabled life, which was obviously its own reward. Among the very many things that could be said, and the thing I would like to memorialize here, is the profound legacy Mr. Bums left behind at Benjamin N. Cardozo School of Law, where he served as chairman of the board for many years and as founder of the Jacob Bums Institute for Advanced Legal Studies. In his memory, I would like to say a little about the history of this endeavor and Mr. Burns's role in it.


Introduction, John O. Mcginnis Oct 1993

Introduction, John O. Mcginnis

Cardozo Law Review

Executive branch interpretation of the law is a subject both timely and enduring. Just prior to the convening of this symposium, an election ended twelve years of Republican administration in which controversy over executive branch legal interpretation was greater than that in any period since the New Deal. Both Presidents Ronald Reagan and George Bush were committed to very different jurisprudential views from those which had predominated on the Supreme Court in the Warren and even Burger years. Therefore, it was not surprising that during their tenure the Department of Justice provided renewed justifications for both the autonomy and unitariness …


Presidential Interpretation Of The Constitution, David A. Strauss Oct 1993

Presidential Interpretation Of The Constitution, David A. Strauss

Cardozo Law Review

May the executive branch disagree with the Supreme Court's interpretation of the Constitution, and act in accordance with its own view? We tend to associate this question with a few great constitutional crises. Disputes between President Jackson and the Supreme Court over the Bank of the United States; between President Lincoln and the Court over slavery; and between President Franklin Roosevelt and the Court over New Deal legislation, all produced memorable statements by presidents claiming a broad power to act independently from the Court's decisions. The school desegregation controversy was between the Court and some state governments, not the President, …


Theories Of Poetry, Theories Of Law, Lawrence Joseph Oct 1993

Theories Of Poetry, Theories Of Law, Lawrence Joseph

Vanderbilt Law Review

I write poetry." Also, since 1976, when I was admitted to practice before a state bar, I have served as a law clerk for a justice of a state supreme court, practiced, and mostly taught law. About the time that I began law school, while I was writing poems that would appear in my first book, an extraordinary change in jurisprudence began to occur, one which focused on legal language as something more than a medium for conveying singular meaning. This legal theory has become as important as any since legal realism. Because I also have written essays and re- …