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Articles 151 - 179 of 179
Full-Text Articles in Law
The Supreme Court, Bush V. Gore, And Rough Justice, William P. Marshall
The Supreme Court, Bush V. Gore, And Rough Justice, William P. Marshall
Faculty Publications
No abstract provided.
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove
The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove
Faculty Publications
No abstract provided.
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Faculty Publications
What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …
Law And International Relations: Introductory Remarks And Panel Discussion, Julian Knowles, Christopher J. Borgen, Arthur Rovine, William Paul, Carlos Manuel Vazquez
Law And International Relations: Introductory Remarks And Panel Discussion, Julian Knowles, Christopher J. Borgen, Arthur Rovine, William Paul, Carlos Manuel Vazquez
Faculty Publications
This panel was cosponsored by the American Society of International Law (ASIL). The ASIL was founded in 1906 by Secretary of State Elihu Root to inform and engage the public on issues of international law. It is a nonprofit, nonpartisan membership association and research institute dedicated to providing both information about international law in all its forms and a forum for debate and discussion. This panel was one such forum. It was organized under the auspices of the ASIL Judicial Outreach Program, chaired by Justice Sandra Day O'Connor. The Judicial Outreach Program provides information resources for federal and state judiciaries. …
The International Criminal Court's Jurisdiction Over The Nationals Of Non - Party States: A Critique Of The U.S. Position, Michael P. Scharf
The International Criminal Court's Jurisdiction Over The Nationals Of Non - Party States: A Critique Of The U.S. Position, Michael P. Scharf
Faculty Publications
This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non-party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States actually …
Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf
Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf
Faculty Publications
The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …
Internationalizing The Study Of Law, Michael P. Scharf
Internationalizing The Study Of Law, Michael P. Scharf
Faculty Publications
Michael P. Scharf gives a talk about efforts to internationalize the curriculum that have been employed at the New England Law School on a fairly modest budget.
Character Evidence, Paul C. Giannelli
“Other Acts” Evidence: Part Ii, Paul C. Giannelli
“Other Acts” Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Judicial Supermajorities And The Validity Of Statutes: How Mapp Became A Fourth Amendment Landmark Instead Of A First Amendment Footnote, Jonathan L. Entin
Judicial Supermajorities And The Validity Of Statutes: How Mapp Became A Fourth Amendment Landmark Instead Of A First Amendment Footnote, Jonathan L. Entin
Faculty Publications
No abstract provided.
Gap Fillers And Fiduciary Duties In Strategic Alliances, George W. Dent
Gap Fillers And Fiduciary Duties In Strategic Alliances, George W. Dent
Faculty Publications
This Article describes the evolution of strategic alliances and their dependence on trust between the allies. It then discusses the general theory of gap fillers and fiduciary duties and the inevitability of major gaps in strategic alliance contracts. Finally, it combines these elements to derive conclusions about the proper role of gap fillers and fiduciary duties in strategic alliances.
The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
Faculty Publications
This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non- party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States …
Naturalized Epistemology And The Critique Of Evidence Theory, Dale A. Nance
Naturalized Epistemology And The Critique Of Evidence Theory, Dale A. Nance
Faculty Publications
In this article I give a mixed review Allen and Leiter’s naturalized epistemology theory of evidence. I applaud their focus on naturalized epistemology, but I question the claims that they argue follow from it. In some ways, my reaction is that they have not gone far enough in pressing its implications, and I attempt to suggest how further progress might be made along this path. On the whole, I conclude that the antipathy toward algrithms expressed by Allen and Leiter is misplaced.
Arbitration Of Olympic Eligibility Disputes: Fair Play And The Right To Be Heard, Jay E. Grenig
Arbitration Of Olympic Eligibility Disputes: Fair Play And The Right To Be Heard, Jay E. Grenig
Faculty Publications
No abstract provided.
Ellison As Social Critic: A Party Down At The Square And The Problem Of Lynching, J. Gordon Hylton
Ellison As Social Critic: A Party Down At The Square And The Problem Of Lynching, J. Gordon Hylton
Faculty Publications
No abstract provided.
Law, Cinema, And Ideology: Hollywood Legal Films Of The 1950s, David Ray Papke
Law, Cinema, And Ideology: Hollywood Legal Films Of The 1950s, David Ray Papke
Faculty Publications
No abstract provided.
Should The “Product Liability Loss” Deduction Be Calculated On A Consolidated Basis For An Affiliated Group?, Ralph C. Anzivino
Should The “Product Liability Loss” Deduction Be Calculated On A Consolidated Basis For An Affiliated Group?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
When Is Failing To Advise A Defendant Of His Right To Counsel Harmless Error?, Jay E. Grenig
When Is Failing To Advise A Defendant Of His Right To Counsel Harmless Error?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can The Fcc Regulate The Placement Of Wireless Equipment And Internet Service Attachments On Utility Poles?, Jay E. Grenig
Can The Fcc Regulate The Placement Of Wireless Equipment And Internet Service Attachments On Utility Poles?, Jay E. Grenig
Faculty Publications
No abstract provided.
Securites Law For The Next Millennium: A Forward-Looking Statement, Michael A. Perino
Securites Law For The Next Millennium: A Forward-Looking Statement, Michael A. Perino
Faculty Publications
This article serves as the introduction to a symposium on the future of the securities markets and securities regulation which was held as part of St. John's University School of Law's year-long 75th anniversary celebration. The introduction serves to place the symposium in an historical context to set the stage for a discussion of the future.
Confronting The Agency In Battered Mothers, Elaine M. Chiu
Confronting The Agency In Battered Mothers, Elaine M. Chiu
Faculty Publications
Despite the progress of the last three decades, the American public and even feminists remain caught in a web of ambivalence and contradictory attitudes and beliefs about battered women. Are battered women traumatized victims who suffer at the hands of their individual abusers and from the systemic failures of a male-dominated culture? Are they, therefore, unable to save themselves or their children? In contrast, are these women survivors who manage to protect themselves as best they can under uniquely difficult circumstances? Do they deserve recognition for their efforts, or do battered women somehow contribute to or exacerbate their own abuse …
State Constitutional Restrictions On Legislative Procedure: Rethinking Analysis Of Original Purpose, Single Subject, And Clear Title Challenges, Martha Dragich
State Constitutional Restrictions On Legislative Procedure: Rethinking Analysis Of Original Purpose, Single Subject, And Clear Title Challenges, Martha Dragich
Faculty Publications
Recognizing that state courts are beginning to review procedural challenges more rigorously, this Article attempts to provide guidance for the resolution of such cases. Part I examines the history, purposes, and standards of original purpose, single subject, and clear title restrictions, using Missouri's provisions as examples. Part I also identifies paradigmatic cases of each of the procedural violations with the hope of more sharply differentiating the three claims. Parts II through V present a case study of ten Missouri cases decided since 1994, supplemented with notable cases from other states. Part II begins with a brief description of the Missouri …
Chinese Mortgage Law: An American Perspective, Dale A. Whitman
Chinese Mortgage Law: An American Perspective, Dale A. Whitman
Faculty Publications
My objective in this paper is to compare and to evaluate some of the features of the American and Chinese systems. I do so without any preconception that the American system provides better answers, but with the recognition that it is far more mature and provides more answers. Hence it provides a reference point from which the Chinese system can be considered. Perhaps each system has something to teach the other.
Professionalism In Librarianship: Shifting The Focus From Malpractice To Good Practice, Randy J. Diamond, Martha Dragich
Professionalism In Librarianship: Shifting The Focus From Malpractice To Good Practice, Randy J. Diamond, Martha Dragich
Faculty Publications
Much of the previous discussion in library literature about professional standards concerns librarian malpractice risks. After explaining why these risks have not materialized, this article examines the role of professional standards in fostering good practice in librarianship. Components of good practice include professional knowledge, core competencies, and professional values.
Cybercoverage For Cyber-Risks: An Overview Of Insurers' Responses To The Perils Of E-Commerce, Robert H. Jerry Ii, Michele L. Mekel
Cybercoverage For Cyber-Risks: An Overview Of Insurers' Responses To The Perils Of E-Commerce, Robert H. Jerry Ii, Michele L. Mekel
Faculty Publications
With nearly seven percent of the world's population currently online and e-commerce forecast to hit $6.8 trillion by 2004, one need not be Nostradamus to predict that the Internet means great change for all industries - including the insurance industry. Presently, however, the proverbial cart is leading the horse as the insurance industry struggles to develop strategies to quantify, cover, and contain "cyber-risks." Policyholders also face new challenges as they confront the possibility that their traditional insurance coverages are woefully inadequate either to secure their electronic and intellectual property assets or to guard against their potential e-commerce liabilities to third …
'The Question Is Which Is To Be Master - That's All': Cunningham, Claiborne, Rita And The Sixth Amendment Muddle, Frank O. Bowman Iii
'The Question Is Which Is To Be Master - That's All': Cunningham, Claiborne, Rita And The Sixth Amendment Muddle, Frank O. Bowman Iii
Faculty Publications
Three things are clear from the Supreme Court's opinion in Cunningham v. California, in which the Court struck down California's sentencing law as violative of the Sixth Amendment, and from the briefs in the pending cases involving post-Booker federal sentencing, Claiborne v. United States and Rita v. United States. First, the Supreme Court has plunged Sixth Amendment sentencing law deep down the rabbit hole. Second, both the government and petitioners in Claiborne and Rita have adopted indefensible positions. Third, neither the parties nor the amici in Rita and Claiborne have offered the Court any real help in crafting a sensible …
Falling Out Of Love With America: The Clinton Impeachment And The Madisonian Constitution, Frank O. Bowman Iii
Falling Out Of Love With America: The Clinton Impeachment And The Madisonian Constitution, Frank O. Bowman Iii
Faculty Publications
First, were the Nixon and Clinton affairs truly as different as my memory makes them? Were the villains of Watergate as villainous and the heroes as heroic as I remember them? Were nearly all the players on both sides of l'affaire Lewinsky as shallow and fatuous as they seemed? Or to put the question in broader historical context, was the impeachment of Bill Clinton truly distinct, not only from Watergate, but from all of the other (fortunately few) occasions on which a president was seriously threatened with removal from office? Second, if the Clinton impeachment really was as bizarre, unprecedented, …
Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins
Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins
Faculty Publications
No abstract provided.