Law Commons^™

Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin

Cardozo Law Review

No abstract provided.

Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman

Cardozo Law Review

No abstract provided.

Procedural Options For Resolving Hearsay Issues, Roger C. Park

Cardozo Law Review

No abstract provided.

Exempting The Mentally Retarded From The Death Penalty: A Comment On Florida's Proposed Legislation, V. Stephen Cohen

Florida State University Law Review

No abstract provided.

Ifc And The Environment, Oct. 1991, Ifc

IFC E&S Performance Standards

No abstract provided.

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Michigan Law Review

Part I of this article discusses violence in the ordinary lives of women, describing individual and societal denial that pretends domestic violence is rare when statistics show it is common, and describing the ways in which motherhood shapes women's experience of violence and choices in response to violence. Part II examines definitions of battering and evaluates their effectiveness at disguising or revealing the struggle for control at the heart of the battering process. I then describe in Part III the pressures that self-defense and custody cases place on legal and cultural images of battered women and contrast the development of …

Status, Contract, And History: A Dialectical View, Matthew P. Bergman

Cardozo Law Review

No abstract provided.

Mandatory Pro Bono, Roger C. Cramton

Cornell Law Faculty Publications

Should lawyers be required to devote a portion of their time or money to public service activities? This issue, commonly referred to as "mandatory pro bono," is much discussed these days. The purpose of this article is to illuminate the policychoices before the profession by surveying the arguments for and against mandatory pro bono.

Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson

Scholarly Works

The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional, statutory and …

Shame, Culture, And American Criminal Law, Toni M. Massaro

Michigan Law Review

The purpose of this Article is to analyze whether this link is one that American criminal court judges can, or should, exploit. I begin with a description of the new shaming sanctions and the possible justifications for this type of penalty. I then identify both psychological and anthropological aspects of the phenomenon of shame, or "losing face." I describe several cultures in which shaming practices are, or were, significant means of sanctioning behavior, and outline the shared features of these cultures.

These psychological and anthropological materials, taken together, suggest that shaming practices are most effective and meaningful when five conditions …

Harmony, Law, And Anthropology, Daniel H. Levine

Michigan Law Review

A Review of Harmony Ideology: Justice and Control in a Zapotec Mountain Village by Laura Nader

Time And Property In The American Republican Legal Culture, Gregory S. Alexander

Cornell Law Faculty Publications

Modern historians including J.G.A. Pocock and Gordon Wood have demonstrated the degree to which revolutionary American political discourse incorporated "civic republican" notions of virtue, property, and citizenship that promoted stable land ownership and active political participation. These historians also have argued that the republican view soon gave way to the now-dominant liberal view that champions the alienability of property and private over public life. Professor Alexander argues that this history is too neat. In fact, American republicanism contained unreconciled "dialectical" tensions—between individual rights and societal goals, stability of ownership and wealth redistribution, historical continuity and change—that, though now expressed in …

Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J.

Michigan Law Review

A Review of Abortion: The Clash of Absolutes by Laurence H. Tribe

Understanding Legal Compliance, V. Lee Hamilton

Michigan Law Review

A Review of Why People Obey the Law by Tom R. Tyler

The Substance Of Equality, Jeremy Waldron

Michigan Law Review

A Review of Speaking of Equality: An Analysis of the Rhetorical Force of "Equality" in Moral and Legal Discourse by Peter Westen

The Meaning Of Dissent, Lee C. Bollinger

Michigan Law Review

A Review of The First Amendment, Democracy, and Romance by Steven H. Shiffrin

Observations Of A Latvian Practitioner, Valentin Blueger

Vanderbilt Journal of Transnational Law

After having heard so many distinctive speakers, I thought of what might be of interest more specifically on a few issues. You can certainly understand that there is a lot in common among all of the countries of Eastern Europe right now. There are a few topics that were mentioned in every speech. There is privatization, the monopolization of the economy, and the transformation of the system into a free market society.

In the Soviet Union, there has been a very contradictive process going on within the last six months. Everything said before in terms of changing the system appears …

Groups In Perspectives, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Conceiving Due Process, Cynthia R. Farina

Cornell Law Faculty Publications

The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar

Cornell Law Faculty Publications

The year 1991 marks the twenty-fifth anniversary of the publication of Harry Kalven, Jr. and Hans Zeisel's classic work, The American Jury. Arguably one of the most important books in the field of law and social science, this research monograph began the modrn field of jury studies and deeply influenced contemporary understanding of the jury as an institution.

In this essay we assess the book from the vantage point of a quarter- century. First, we provide a historical backdrop by reviewing the activities of the University of Chicago's Jury Project that led to the publication of The American Jury …

Affirmative Action As A Majoritarian Device: Or, Do You Really Want To Be A Role Model?, Richard Delgado

Michigan Law Review

Have you ever noticed how affirmative action occupies a place in our system of law and politics far out of proportion to its effects in the real world? Liberals love talking about and sitting on committees that define, oversee, defend, and give shape to it. Conservatives are attached to the concept for different reasons: they can rail against it, declare it lacking in virtue and principle, and use it to rally the troops. Affirmative action is something they love to hate. The program also generates a great deal of paper, conversation, and jobs probably more of the latter for persons …

Corruption Control And Monstering: Government Agendas, Community Expectations And The Icac Solution, Mark Findlay

Research Collection Yong Pung How School Of Law

In 1818, the Governor of the Chinese province of Shansi reported the case of Chan Lin who, while gatekeeper for the district magistrate, maintained "external criminal connections". Using his position he endeavoured to get a money changer to accept for exchange more than 300 ounces of sub-standard silver. Upon being rebuffed he took steps to have the money changer locked up. The Board of Punishments (which was a senior court of appeal in China during that period) held that because the act differed in no way from extortion as practised by rapacious government underlings, it would be improper to show …

Social Science And The Courts: The Role Of Amicus Curiae Briefs, Ronald G. Roesch, Stephen L. Golding, Valerie P. Hans, N. Dickon Reppucci

Cornell Law Faculty Publications

Social scientists have increasingly become involved in the submission of amicus curiae or "friend of the court" briefs in legal cases being decided by state and federal courts. This increase has triggered considerable debate about the use of briefs to communicate relevant social science research. This article evaluates the strengths and weaknesses of various methods of summarizing social science research for the courts. It also reviews the procedures for submitting briefs developed by the American Psychology-Law Society which, in collaboration with the American Psychological Association, has submitted its first brief in Maryland v. Craig, a case recently decided by …

Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz

Cardozo Law Review

No abstract provided.

Book Review. Belonging To America, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

"Now That I Ate The Sushi, Do We Have A Deal?"—The Lawyer As Negotiator In Japanese-U.S. Business Transactions, Robert J. Walters

Northwestern Journal of International Law & Business

This article focuses on the role a lawyer may have in a transaction involving a Japanese client or party. It will encourage the attorney at early stages to look beyond the legal tasks to the underlying reasons for the transaction. In other words, it encourages the attorney to ask questions and obtain information that ordinarily may not be considered critical to the purely legal aspects of the transaction. The nihonjin generally will place greater emphasis on the development of the relationship. Thus, laying the groundwork and devoting sufficient attention to the "typical" or "expected" stages of a business negotiation will …

1991-1992 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Endowed Programs – p. 5

Clinical Programs – p. 7

Programs of Study – p. 10

Facilities – p. 10

Publications – p. 10

Career Development – p. 11

Awards – p. 12

Faculty – p. 15

Curriculum – p. 35

Course Descriptions – p. 35

Admission Information – p. 51

Student Finance – p. 54

Honor Roll – p. 57

About Cardozo / Yeshiva University – p. 64

Index – p. 70

Where to Secure Information – p. 76

Academic Calendar and Application Forms – addenda

Book Review. Law's Patriarchy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

A Memorial To Bernie Becker, Eric S. Janus

Faculty Scholarship

A tribute to Bernie Becker, lawyer and proponent for the Legal Aid society.

The Ethics Of Emergency Lawyering, Barbara Glesner Fines

Faculty Works

The fast pace of modern law practice increasingly requires emergency lawyering: client situations that demand immediate attention and solution. Unlike medicine, however, the legal profession does not yet consider itself as having an emergency specialty. Yet, observation of today's law practice readily reveals that the analogy is accurate. The pressure of today's rapidly changing business climate, the complexity of legal regulations and relationships and the widening application of law to address a host of problems, all contribute to an increasing need for an immediate, available legal response: what I term here "emergency lawyering."

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