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Articles 1 - 30 of 34
Full-Text Articles in Law
"Neither Force Nor Will", Lewis H. Larue
The Security Council's First Fifty Years, Frederic L. Kirgis
The Security Council's First Fifty Years, Frederic L. Kirgis
Scholarly Articles
None available.
Probability And Proof In State V. Skipper: An Internet Exchange, Lewis H. Larue
Probability And Proof In State V. Skipper: An Internet Exchange, Lewis H. Larue
Scholarly Articles
Not available.
Impartiality In The Classroom: A Personal Account Of A Struggle To Be Evenhanded In Teaching About Abortion, Samuel W. Calhoun
Impartiality In The Classroom: A Personal Account Of A Struggle To Be Evenhanded In Teaching About Abortion, Samuel W. Calhoun
Scholarly Articles
No abstract provided.
Refining The Government Relations Program: The Final Report Of The Task Force On Aall's Government Relations Activities, Sarah K. Wiant
Refining The Government Relations Program: The Final Report Of The Task Force On Aall's Government Relations Activities, Sarah K. Wiant
Scholarly Articles
During the summer of 1993, Kay Todd, President Elect of the American Association of Law Libraries, named a special task force to review the Association's government relations activities, presenting it with a goal of achieving a better coordination of such activities. The charges to the Task Force on AALL's Government Relations Activities and the processes that the Task Force utilized in fulfilling these charges are outlined in the final and interim reports of the Task Force, which follow this introduction. The Interim Report of the Task Force was submitted to the AALL Executive Board prior to its April 1994 meeting …
Telling Stories About Constitutional Law, Lewis H. Larue
Telling Stories About Constitutional Law, Lewis H. Larue
Scholarly Articles
Not available.
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Scholarly Articles
None available.
Constitutional Ideology And Progressive Fiction, Maxwell Bloomfield
Constitutional Ideology And Progressive Fiction, Maxwell Bloomfield
Scholarly Articles
No abstract provided.
Fiduciary Duties’ Demanding Cousin: Bank Director Liability For Unsafe Or Unsound Banking Practices, Heidi Mandanis Schooner
Fiduciary Duties’ Demanding Cousin: Bank Director Liability For Unsafe Or Unsound Banking Practices, Heidi Mandanis Schooner
Scholarly Articles
The term "unsafe or unsound banking practices" serves as a statutory trigger for virtually every key administrative sanction available against bank directors. Congress has not defined either the term "unsafe or unsound banking practices" or its counterpart "safety and soundness," leaving the federal banking agencies considerable discretion in the interpretation and application of the term. Given the potential breadth of the term, the banking agencies have the ability to seek administrative remedies in cases covering a broad range of director conducL Thus, "unsafe or unsound banking practices" is a potent source of director liability.
Professor Schooner argues that "unsafe or …
New York Attorney Malpractice Liability To Non-Clients: Toward A Rule Of Reason And Predictability, Lucia A. Silecchia
New York Attorney Malpractice Liability To Non-Clients: Toward A Rule Of Reason And Predictability, Lucia A. Silecchia
Scholarly Articles
This 1995 Article addresses the question of attorney liability in New York. It begins with a brief introduction to the history of the privity requirement nationally to place the New York question in context. It then traces the scope of attorney liability in New York and examines the state of that law - with its contradictions and inconsistences. This Article proposes a rule for New York courts to consider that centers on the “adversariness” of the client and the third party as the touchstone for determining if expanded liability is appropriate.
This differs from the traditional analysis which bases the …
Designing And Teaching Advanced Legal Research And Writing Courses, Lucia A. Silecchia
Designing And Teaching Advanced Legal Research And Writing Courses, Lucia A. Silecchia
Scholarly Articles
No abstract provided.
The Catholic Sponsorship Of Legal Education: A Bibliography, William J. Wagner, Denise M. Ryan
The Catholic Sponsorship Of Legal Education: A Bibliography, William J. Wagner, Denise M. Ryan
Scholarly Articles
The present bibliography offers access to the base of knowledge that is essential to the Catholic sponsorship of legal education. It references information on the nature and history of Catholicism, the Law, the Legal Profession, and the University, as these four elements relate to formulating a philosophy of Catholic legal education, and to designing and putting into effect a program of legal education suited to a Catholic school. As further general categories suited to analyzing the requisites of these tasks, the bibliography employs the following headings: 1) philosophical issues; 2) historical issues; 3) academic policies and oversight; and 4) government …
Aesthetic Nuisance: Re-Educating The Judiciary, George P. Smith Ii
Aesthetic Nuisance: Re-Educating The Judiciary, George P. Smith Ii
Scholarly Articles
This article discusses how the traditional common-law refusal to grant relief for an aesthetic nuisance has been eroded by various case decisions. The author suggests an “average person” standard for the judiciary to follow for recognizing an aesthetic nuisance.
Nuisance Law: The Morphogenesis Of An Historical Revisionist Theory Of Contemporary Economic Jurisprudence, George P. Smith Ii
Nuisance Law: The Morphogenesis Of An Historical Revisionist Theory Of Contemporary Economic Jurisprudence, George P. Smith Ii
Scholarly Articles
The debate over the scope of the concept of reasonableness - its application and use in testing the legality of normative conduct - is of long standing. Recently, it has been suggested that reasonableness be substituted for both legal and moral rightness. I go further in this Article and suggest reasonableness incorporates the goal of economic efficiency and that it is tested or shaped by a simple cost-benefit model that has its legal etiology in the equitable principle of balancing that, in turn, has its roots in the principle of Sic utere tuo ut alienum non laedas, or So use …
Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii
Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii
Scholarly Articles
Administering futile medical treatment is tantamount to inflicting cruel and unusual punishment on a patient and an abridgement of his rights of self-determination. It is incumbent upon physicians to recognize that they should accept the imposition of an affirmative legal, professional, moral and ethical duty not to prescribe a modality of treatment that falls clearly within the scope of being considered futile, freakish, or tortious under the provisions of Eighth Amendment to the Constitution. When medical treatment is classified as "futile," it frees the physician from any duty to provide treatment. While most reasonable persons agree with this proposition, much …
Legal Responses To Teen Dating Violence, Stacy Brustin
Legal Responses To Teen Dating Violence, Stacy Brustin
Scholarly Articles
The problem of domestic violence is not limited to adult relationships. In fact, the number of teenagers involved in abusive and violent relationships is alarming. Research suggests that approximately one out of ten high school students experiences physical violence in a dating relationship.
Jerusalem Gambit, Marshall J. Breger
Indeterminacy And Craft In Judicial Review Of Administrative Law: A Comment On Shapiro And Levy, Marshall J. Breger
Indeterminacy And Craft In Judicial Review Of Administrative Law: A Comment On Shapiro And Levy, Marshall J. Breger
Scholarly Articles
This Essay begins by examining whether more precise codification of statutory scope of review language will actually bring about a greater degree of determinacy in judicial decisions, and explains the reasons why indeterminacy currently exists. The proposed Shapiro and Levy standard is discussed next, as is their reliance on public choice theory to explain judicial behavior. Finally, this Essay concludes that while Shapiro and Levy raise interesting points, their quest for judicial determinacy is misguided.
Restructuring The Principle Of Medical Futility, George P. Smith Ii
Restructuring The Principle Of Medical Futility, George P. Smith Ii
Scholarly Articles
This essay surveys the need for a clear and objective definition of medical futility. It is urged that once agreement is obtained for structuring operational guidelines for determining futility, a three-tier decisional structure can be developed for testing whether a given treatment falls within the scope of these guidelines.
Under the first tier, the treating physician would be given the primary responsibility for the making the determination to withhold treatment on the grounds of futility. While the physician would be under a duty not to prescribe treatment deemed futile, he would be obliged to inform the patient and his family …
Consent, Credibility And The Constitution: Evidence Relating To A Sex Offense Complainant’S Prior Sexual Behavior, Clifford S. Fishman
Consent, Credibility And The Constitution: Evidence Relating To A Sex Offense Complainant’S Prior Sexual Behavior, Clifford S. Fishman
Scholarly Articles
This article analyzes the theories cited by defendants, and occasionally prosecutors, to admit evidence of a rape complainant's prior sexual conduct. On the whole, courts have adequately balanced the conflicting interests presented by such evidence with concern for justice and equity. Substantial clarification, however, is required as to whether a judge is authorized, in deciding upon admissibility, to assess the credibility of the complainant, defendant, and other witnesses.
Aba And Aals Accreditation: What’S ‘Religious Diversity’ Got To Do With It?, Robert A. Destro
Aba And Aals Accreditation: What’S ‘Religious Diversity’ Got To Do With It?, Robert A. Destro
Scholarly Articles
The subject of this essay is whether, and under what circumstances, the religious commitment of an institution should become an issue in the law school accreditation process. Originally presented at the March 1994, Marquette University Conference on Religiously Affiliated Law Schools, this essay begins with the commonly shared assumption that some tensions do exist between religiously affiliated law schools and their accrediting agencies, the American Bar Association (ABA), and the Association of American Law Schools (AALS). For present purposes, the task will be to differentiate those tensions that arise from the accreditation process itself, and those that arise from the …
Fundamental Constitutional Rights In The New Constitutions Of Eastern And Central Europe, Rett R. Ludwikowski
Fundamental Constitutional Rights In The New Constitutions Of Eastern And Central Europe, Rett R. Ludwikowski
Scholarly Articles
The goal of this article is to review the efforts of the drafters. This study analyzes the process of drafting the new bills of rights against the background of the Western experience. The paper consists of two parts. The first examines the genesis of American and European constitutional protection of human rights, including the socialist concept of the bill of rights. The second is an analysis of basic constitutional rights as provided in several new constitutions and constitutional drafts of the countries of former Soviet dominance.
The article also examines the actual records of these countries in human rights protection. …
Fee-For-Service Clinical Teaching: Slipping Toward Commercialism, Lisa G. Lerman
Fee-For-Service Clinical Teaching: Slipping Toward Commercialism, Lisa G. Lerman
Scholarly Articles
No abstract provided.
A Teacher’S Trouble: Risk, Responsibility And Rebellion, Lisa G. Lerman
A Teacher’S Trouble: Risk, Responsibility And Rebellion, Lisa G. Lerman
Scholarly Articles
What follows is an edited transcript of a session at the 1995 Annual Meeting of the Association of American Law Schools, held in New Orleans, Louisiana, January 7, 1995. The meeting was a joint plenary session of the AALS Section on Professional Responsibility and the Section on Clinical Legal Education. The meeting was planned and the role plays were written by Professors Margaret Martin Barry and Lisa Lerman of The Catholic University of America and Professor Homer La Rue of Howard University.
The purpose of the program was to foster interaction among teachers of professional responsibility and clinical teachers about …
With No Place To Turn: Improving Legal Advocacy For Battered Immigrant Women, Leslye E. Orloff, Deeana Jang, Catherine F. Klein
With No Place To Turn: Improving Legal Advocacy For Battered Immigrant Women, Leslye E. Orloff, Deeana Jang, Catherine F. Klein
Scholarly Articles
This article explains some of the unique problems faced by battered immigrant women and offers creative solutions for family lawyers and battered women advocates who have immigrant or refugee clientele. Because battered immigrant women who seek to flee violence need assistance with both family law and immigration law matters, we will discuss both areas and highlight their interrelationship.
Full Faith And Credit: Interstate Enforcement Of Protection Orders Under The Violence Against Women Act Of 1994, Catherine F. Klein
Full Faith And Credit: Interstate Enforcement Of Protection Orders Under The Violence Against Women Act Of 1994, Catherine F. Klein
Scholarly Articles
This article focuses on Title II, Safe Homes for Women, specifically, interstate enforcement of protection orders. Prior to the enactment of VAWA, the majority of states did not afford full faith and credit to protection orders issued in sister states! This was a serious breach in the protection afforded victims of domestic violence. Without full faith and credit statutes, a state only has the power to protect victims of domestic violence within its boundaries, limiting the protection afforded to victims if they are forced to move or flee to another state.
Prior to the VAWA, in order to receive protection …
Representing A Victim Of Domestic Violence, Catherine F. Klein, Leslye E. Orloff
Representing A Victim Of Domestic Violence, Catherine F. Klein, Leslye E. Orloff
Scholarly Articles
No abstract provided.
The Earned Income Tax Credit: Thou Goest Wither? A Critique Of Existing Proposals To Reform The Earned Income Tax Credit, Regina T. Jefferson
The Earned Income Tax Credit: Thou Goest Wither? A Critique Of Existing Proposals To Reform The Earned Income Tax Credit, Regina T. Jefferson
Scholarly Articles
This article places issues concerning reformation of the EITC in perspective and critiques existing proposals to change the program. This article focuses on proposals advanced by Professors Yin and Forman which range from improving the administration of the existing EITC to completely restructuring the entire program.
Specifically, this article analyzes and responds to their proposals to (1) redesign the Earned Income Tax Credit by creating a system that uses a rebate of employee Social Security payroll taxes in conjunction with a family allowance benefit, and (2) institute an employer credit program as a substitute for the Earned Income Tax Credit. …
An Argument For The Inclusion Of Children Without Medicare, Raymond C. O'Brien
An Argument For The Inclusion Of Children Without Medicare, Raymond C. O'Brien
Scholarly Articles
No abstract provided.
Domestic Partnership: Recognition And Responsibility, Raymond C. O'Brien
Domestic Partnership: Recognition And Responsibility, Raymond C. O'Brien
Scholarly Articles
A domestic partnership is a business or political recognition of two adults seeking to share benefits normally conferred upon married couples. To date, partnerships have conferred benefits only; the most logical progression is for partnerships to include responsibilities of support, commitment and obligation within the economic partnership construct of emerging family law. When this occurs, heterosexual couples may lack incentive, but homosexual couples will achieve surer due process recognition regardless of same-sex marriage litigation.