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Articles 1 - 30 of 251
Full-Text Articles in Law
Prosecutors In The Passing Lane: Racial Disparities, Public Safety, And Prosecutorial Declinations Of Pretextual Stops, Donald Braman, Jared Fishman, Lily Grier, Kevin Himberger, Jarvis Idowu, J.J. Naddeo, Rory Pulvino, Jess Sorensen, Joanie Weaver
Prosecutors In The Passing Lane: Racial Disparities, Public Safety, And Prosecutorial Declinations Of Pretextual Stops, Donald Braman, Jared Fishman, Lily Grier, Kevin Himberger, Jarvis Idowu, J.J. Naddeo, Rory Pulvino, Jess Sorensen, Joanie Weaver
San Diego Law Review
In response to a growing set of empirical studies demonstrating their widespread discriminatory effects, pretextual stops have been subjected to decades of criticism from scholars, the public, and jurists. However, pretextual stops have been defended by some as a necessary public safety measure, particularly in the fight against violent gun crimes. Following a series of highly publicized police shootings of unarmed Black drivers during pretextual stops, and in the absence of substantial judicial or legislative guidance, a growing number of prosecutors have developed policies deprecating the prosecution of pretextual stops absent a clear public safety benefit. Without empirical evaluations of …
Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy
Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy
Touro Law Review
No abstract provided.
Succeeding In Manifestation Determination Reviews: A Step-By-Step Approach For Obtaining The Best Result For Your Client, Michelle Scavongelli, Marlies Spanjaard
Succeeding In Manifestation Determination Reviews: A Step-By-Step Approach For Obtaining The Best Result For Your Client, Michelle Scavongelli, Marlies Spanjaard
University of Massachusetts Law Review
Manifestation Determination Review (MDR) advocacy is difficult regardless of the role of the advocate —whether the advocate is a parent, an advocate, or an attorney. Because the MDR is conducted as an Individualized Education Program (IEP) Team meeting, if consensus cannot be reached, school personnel make the ultimate decision. Therefore, the advocate’s persuasiveness and preparedness at the MDR will be critical in arriving at a consensus. This Article goes beyond the basic legal framework for an MDR and focuses on practical suggestions and approaches to enhance an advocate’s efforts on behalf of a child or client. By employing the suggestions …
Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala
Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala
Touro Law Review
No abstract provided.
Enhancing The Teaching Of Lawyering Skills And Perspectives Through Virtual World Engagement, Andrea M. Seielstad
Enhancing The Teaching Of Lawyering Skills And Perspectives Through Virtual World Engagement, Andrea M. Seielstad
University of Massachusetts Law Review
Educators from around the globe are rapidly utilizing and transforming virtual worlds, such as Second Life, with innovative teaching strategies. Mediation and dispute resolution, and associated communication and problem-solving skills, are particularly well suited for developing in virtual worlds, as are other lawyering skills such as, interviewing, counseling, and trial advocacy. The opportunities for students and faculty to engage in cross-cultural exchange and networking are another selling feature of virtual world engagement. Virtual worlds offer particular promise for those seeking innovative and cost-effective ways to integrate more professional training and skills development into the law school curriculum. Moreover, as more …
A Return To First Principles: Rethinking Alj Compromises, Jeffrey A. Wertkin
A Return To First Principles: Rethinking Alj Compromises, Jeffrey A. Wertkin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes
Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes
Pepperdine Law Review
The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …
Promises, Policies, And Principles: The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman
Promises, Policies, And Principles: The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman
Cornell Journal of Law and Public Policy
No abstract provided.
Voices Without Law: The Border Crossing Stories And Workplace Attitudes Of Immigrants, Leticia M. Saucedo, Maria Cristina Morales
Voices Without Law: The Border Crossing Stories And Workplace Attitudes Of Immigrants, Leticia M. Saucedo, Maria Cristina Morales
Cornell Journal of Law and Public Policy
No abstract provided.
Nationality And The International Judge: The Nationalist Presumption Governing The International Judiciary And Why It Must Be Reversed, Tom Dannenbaum
Nationality And The International Judge: The Nationalist Presumption Governing The International Judiciary And Why It Must Be Reversed, Tom Dannenbaum
Cornell International Law Journal
No abstract provided.
The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh
The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh
Cornell International Law Journal
The dual enforcement regime of the International Criminal Court constitutes a fundamental pillar of the Rome Statute of the International Criminal Court and represents a novel system within the history of international criminal law. This article is the first to focus on the emerging practice of the Court as it begins developing and implementing this unique enforcement regime. Drawing directly from the recent history within the Presidency and focusing on the current activities of the Trust Fund for Victims, this Article explains how, why, and in what direction the Court's enforcement practice is evolving.
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg
Cornell International Law Journal
No abstract provided.
From Control To Communication: Science, Philosophy, And World Trade Law, Sungjoon Cho
From Control To Communication: Science, Philosophy, And World Trade Law, Sungjoon Cho
Cornell International Law Journal
Recently, science has become increasingly salient in various fields of international law. In particular, the World Trade Organization (WTO) Sanitary and Phytosanitary (SPS) Agreement stipulates that a regulating state must provide scientific justification for its food safety measures. Paradoxically, however, this ostensibly neutral reference to science often complicates treaty interpretation. It tends to take treaty interpretation beyond the conventional methodology provided by the Vienna Convention on the Law of Treaties, which is primarily concerned with clarifying and articulating the text of treaties. The two decades old transatlantic trade dispute over the safety of hormone-treated beef is a case in point. …
Are Muslims The New Catholics? Europe’S Headscarf Laws In Comparative Historical Perspective, Robert A. Kahn
Are Muslims The New Catholics? Europe’S Headscarf Laws In Comparative Historical Perspective, Robert A. Kahn
Duke Journal of Comparative & International Law
No abstract provided.
Administrative Law In The 1930s: The Supreme Court’S Accommodation Of Progressive Legal Theory, Mark Tushnet
Administrative Law In The 1930s: The Supreme Court’S Accommodation Of Progressive Legal Theory, Mark Tushnet
Duke Law Journal
In the first decades of the twentieth century, Progressive politicians and legal theorists advocated the creation and then the expansion of administrative agencies. These agencies, they argued, could address rapidly changing social circumstances more expeditiously than could courts and legislatures, and could deploy scientific expertise, rather than mere political preference, in solving the problems social change produced. The proliferation of administrative agencies in the New Deal-the SEC, the NLRB, and others-meant that defending administrative agencies from close judicial oversight became intertwined with defending the New Deal itself In a series of contentious cases decided by the Hughes Court, Progressives believed …
Legal Capital And The Model Business Corporation Act: An Essay For Bayless Manning, James J. Hanks Jr.
Legal Capital And The Model Business Corporation Act: An Essay For Bayless Manning, James J. Hanks Jr.
Law and Contemporary Problems
Hanks discusses the distribution provisions of the Model Business Corporation Act. The relatively smooth operation and interpretation of the MBCA's distribution provisions is an excellent example of the reflection, sophistication, care, and skill of the Committee on Corporate Laws in considering, drafting, revising, and updating the Model Business Corporation Act over the past sixty years. The overall success of the distribution provisions is a tribute to the many lawyers, judges, and law professors who have participated in the Committee's very successful efforts to advance the law of corporations in this country and elsewhere.
Indemnification And Advancement Through An Agency Lens, Deborah A. Demott
Indemnification And Advancement Through An Agency Lens, Deborah A. Demott
Law and Contemporary Problems
DeMott discusses the doctrines that define entitlements to indemnification. In the corporate context, indemnification is better grounded, as in the Model Business Corporation Act (MBCA), in the necessity of furnishing corporate directors with appropriate protection against personal risk. To be sure, as the MBCA's official comments implicitly acknowledge, the position of officers, especially senior executive officers, does not fit neatly and exclusively into either an "agent" or a "non-agent" category for indemnification purposes.
Delaware Corporate Law And The Model Business Corporation Act: A Study In Symbiosis , Jeffrey M. Gorris, Lawrence A. Hamermesh, Leo E. Strine Jr.
Delaware Corporate Law And The Model Business Corporation Act: A Study In Symbiosis , Jeffrey M. Gorris, Lawrence A. Hamermesh, Leo E. Strine Jr.
Law and Contemporary Problems
No abstract provided.
Who Killed Article 38(1)(B)? A Reply To Bradley And Gulati, Anthea Roberts
Who Killed Article 38(1)(B)? A Reply To Bradley And Gulati, Anthea Roberts
Duke Journal of Comparative & International Law
No abstract provided.
Acquiescence, Objections And The Death Of Customary International Law, David J. Bederman
Acquiescence, Objections And The Death Of Customary International Law, David J. Bederman
Duke Journal of Comparative & International Law
No abstract provided.
Exiting Custom: Analogies To Treaty Withdrawals, Laurence R. Helfer
Exiting Custom: Analogies To Treaty Withdrawals, Laurence R. Helfer
Duke Journal of Comparative & International Law
No abstract provided.
Persistent Objectors, Cooperation, And The Utility Of Customary International Law, Joel P. Trachtman
Persistent Objectors, Cooperation, And The Utility Of Customary International Law, Joel P. Trachtman
Duke Journal of Comparative & International Law
No abstract provided.
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Duke Journal of Comparative & International Law
No abstract provided.
Judicial Specialization And The Adjudication Of Immigration Cases, Lawrence Baum
Judicial Specialization And The Adjudication Of Immigration Cases, Lawrence Baum
Duke Law Journal
When scholars and policymakers consider proposals for specialized courts, they are usually and appropriately mindful of the potential effects of specialization on the adjudication of cases. Focusing on the immigration field, this Article considers these potential effects in relation to other attributes of adjudication: the difficulty of cases, the severe caseload pressures, and the strong hierarchical controls that are each important attributes at some or all levels of the adjudication system. Specifically, this Article discusses the effects of those attributes, the effects of judicial specialization, and the intertwining of the two. It applies that analysis to proposals to substitute some …
Practical Impediments To Structural Reform And The Promise Of Third Branch Analytic Methods: A Reply To Professors Baum And Legomsky, Russell R. Wheeler
Practical Impediments To Structural Reform And The Promise Of Third Branch Analytic Methods: A Reply To Professors Baum And Legomsky, Russell R. Wheeler
Duke Law Journal
No abstract provided.
Reconsidering Reprisals, Michael A. Newton
Reconsidering Reprisals, Michael A. Newton
Duke Journal of Comparative & International Law
No abstract provided.
Narrowing The Bankruptcy Safe Harbor For Derivatives To Combat Systemic Risk, Bryan G. Faubus
Narrowing The Bankruptcy Safe Harbor For Derivatives To Combat Systemic Risk, Bryan G. Faubus
Duke Law Journal
Bankruptcy law establishes proceedings designed to rehabilitate debtors while protecting creditors, but a series of safe harbors effectively exempts from bankruptcy proceedings certain financial contracts known as derivatives. Accordingly, when a party to a derivative contract goes bankrupt, the counterparty may terminate the contract and seize what it is owed from the debtor's assets. Congress enacted these safe harbors to combat the risk of systemic failure by maintaining liquidity in troubled markets; in doing so, however, they allowed counterparties to engage in opportunistic behavior and inefficiently consume a debtor's limited assets. Because these two consequences may harm the debtor and …
Is The European Laboratory Over-Reach-Ing - The Experimentation, Reaction And Product Yielded By The European Union's Registration, Evaluation, And Authorization Of Chemicals, Conrad Bendetto
Villanova Environmental Law Journal
No abstract provided.
The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt
The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt
Duke Law Journal
The recent resolution of the Andrew Oliver case may mark the death throes of the NCAA's no-agent rule, prohibiting college athletes from retaining agents in professional contract negotiations, and perhaps the traditional paradigm of amateurism in sport. In light of the trial court's ruling, as well as continuing calls for the revocation of the NCAA's tax-exempt status, the time is ripe for a reexamination of amateurism and the law. This Note argues that the NCAA has developed a complicated web of largely unenforceable rules and regulations that are unnecessary to maintain tax-exempt status in light of the regulatory environment. This …