Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Banking and Finance Law (5)
- Comparative and Foreign Law (5)
- Constitutional Law (5)
- International Law (5)
- Military, War, and Peace (4)
-
- Criminal Law (3)
- Legal Education (3)
- Business Organizations Law (2)
- Evidence (2)
- Health Law and Policy (2)
- Jurisprudence (2)
- Legal Profession (2)
- Religion Law (2)
- Taxation-Federal Estate and Gift (2)
- American Literature (1)
- American Studies (1)
- Arts and Humanities (1)
- Criminal Procedure (1)
- Entertainment, Arts, and Sports Law (1)
- Environmental Law (1)
- Family Law (1)
- Immigration Law (1)
- Internet Law (1)
- Judges (1)
- Labor and Employment Law (1)
- Legal Ethics and Professional Responsibility (1)
- Legal History (1)
- Legal Remedies (1)
- Legal Writing and Research (1)
- Institution
- Keyword
-
- Comparative law (2)
- Counterterrorism (2)
- "Westside Mothers" (1)
- Assassination (1)
- Constitutional law (1)
-
- Corporate fiduciaries (1)
- Damages (1)
- Daubert Trilogy (1)
- Deficits of state control (1)
- Education of judges in expert testimony (1)
- Estate tax (1)
- Evidence (1)
- Executives' liability (1)
- Expert evidence (1)
- Family limited partnerships (1)
- Federal entitlement program (1)
- Federal estate tax laws (1)
- Federal sentencing guidelines (1)
- Federalization of Medicaid (1)
- Gender disparity (1)
- Harmless error (law) (1)
- Health care industry (1)
- Helath care industry (1)
- Immigration (1)
- International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (1)
- International criminal law (1)
- Judges (1)
- Judicial error (1)
- Law-science relations (1)
- Legal education (1)
Articles 1 - 30 of 46
Full-Text Articles in Law
How Many Terrorists Are There? The Escalation In So-Called Terrorism Prosecutions, Nora V. Demleitner
How Many Terrorists Are There? The Escalation In So-Called Terrorism Prosecutions, Nora V. Demleitner
Scholarly Articles
Not available.
Revisiting Byrum, Brant J. Hellwig
Revisiting Byrum, Brant J. Hellwig
Scholarly Articles
In the landmark case of United States v. Byrum, the Supreme Court determined that a majority shareholder's retention of voting rights over stock transferred in trust did not cause the stock to be included in his gross estate under Section 2036(a)(1) or (a)(2). The Court grounded its decision in the fiduciary duty owed by the board of directors and the majority shareholder to exercise their discretion over corporate distributions to promote the best interests of the entity. Despite legislative action quickly reversing the Court's holding in Byrum, the case continued to influence decisions concerning the estate tax consequences of a …
Speaking Outdoors, Lewis H. Larue
Post-Trilogy Science In The Courtroom, Part Ii: What Are The Judges Still Doing?, David S. Caudill, Lewis H. Larue
Post-Trilogy Science In The Courtroom, Part Ii: What Are The Judges Still Doing?, David S. Caudill, Lewis H. Larue
Scholarly Articles
Not available.
Kimbell: Is The Party Over For Family Limited Partnerships, Brant J. Hellwig
Kimbell: Is The Party Over For Family Limited Partnerships, Brant J. Hellwig
Scholarly Articles
Professor Brant J. Hellwig of the University of South Carolina School of Law examines the impact of the recent Kimbell decision on the future use of family limited partnerships for estate planning purposes.
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
Scholarly Articles
Not available.
Fifteen Years Of Federal Guidelines Reviewed At The Yale Conference: What Would Success Mean?, Nora V. Demleitner
Fifteen Years Of Federal Guidelines Reviewed At The Yale Conference: What Would Success Mean?, Nora V. Demleitner
Scholarly Articles
Not available.
Researching English Case Law, Stephen E. Young
Researching English Case Law, Stephen E. Young
Scholarly Articles
No abstract provided.
The Uniform Consumer Leases Act Arrives In Connecticut, Ralph J. Rohner
The Uniform Consumer Leases Act Arrives In Connecticut, Ralph J. Rohner
Scholarly Articles
No abstract provided.
Central Banks’ Role In Bank Supervision In The United States And United Kingdom, Heidi Mandanis Schooner
Central Banks’ Role In Bank Supervision In The United States And United Kingdom, Heidi Mandanis Schooner
Scholarly Articles
Driven in part by the question of bank supervision in euro-area countries, a growing body of literature addresses whether central banking and bank supervision should be combined. This paper address this debate in light of recent legislation in the United Kingdom and the United States. Recent legislation in the United Kingdom stripped the Bank of England of its responsibility for bank supervision and established the Financial Services Authority as an integrated supervisor of financial services. In the United States, the Gramm-Leach-Bliley Act of 1999 expanded the regulatory authority of the Federal Reserve. In light of international trends, I consider how …
Comparative And International Health Law, Timothy Stoltzfus Jost
Comparative And International Health Law, Timothy Stoltzfus Jost
Scholarly Articles
No abstract provided.
When Is Enrichment Unjust? Restitution Visits An Onyx Bathroom, Doug Rendleman
When Is Enrichment Unjust? Restitution Visits An Onyx Bathroom, Doug Rendleman
Scholarly Articles
Not available.
Looking Up, Down And Across: The Icty's Place In The International Legal Order, Mark A. Drumbl
Looking Up, Down And Across: The Icty's Place In The International Legal Order, Mark A. Drumbl
Scholarly Articles
Not available.
After Enron: Remembering Loyalty Discourse In Corporate Law, Lyman P.Q. Johnson
After Enron: Remembering Loyalty Discourse In Corporate Law, Lyman P.Q. Johnson
Scholarly Articles
The demise of monetary damages as a remedy for breach of the corporate director duty of due care means that only a breach of the duty of loyalty or good faith affords the possibility of holding corporate directors personally liable for wrongdoing. The author argues that the fiduciary duty of loyalty contains both a widely appreciated, but rather minimal, "non-betrayal" aspect and a less appreciated, but more affirmative, "devotion" dimension. The affirmative. thrust of loyalty, grounded in widely-shared cultural norms and finding expression in myriad literary and religious stories, offers a doctrinal avenue for addressing a potentially broader range of …
A Comparative Study Of The Law Of Palliative Care And End-Of-Life Treatment, Denuta Mendelson, Timothy Stoltzfus Jost
A Comparative Study Of The Law Of Palliative Care And End-Of-Life Treatment, Denuta Mendelson, Timothy Stoltzfus Jost
Scholarly Articles
No abstract provided.
Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner
Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner
Scholarly Articles
This article addresses a paradigmatic risk-based collateral sanction, the so-called civil confinement. In contrast to many other collateral sanctions, it does not follow automatically but is judicially imposed following a hearing. In Hendricks v. Kansas (1997) the Supreme Court specifically upheld involuntary confinement following a criminal justice sentence for a sexually violent predator. The Kansas statute mandated confinement based on an assessment of dangerousness which had to result from a mental abnormality. Once it characterized the sanction as civil, the Court concluded that procedural protections traditional in the criminal context, such as double jeopardy, do not apply. The narrow majority …
How Much Do Western Democracies Value Famiily And Marriage? : Immigration Law's Conflicted Answers, Nora V. Demleitner
How Much Do Western Democracies Value Famiily And Marriage? : Immigration Law's Conflicted Answers, Nora V. Demleitner
Scholarly Articles
None available.
Self-Defence In An Age Of Terrorism: Introductory Remarks, Mark A. Drumbl
Self-Defence In An Age Of Terrorism: Introductory Remarks, Mark A. Drumbl
Scholarly Articles
None available.
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill
Scholarly Articles
In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (i) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability). Next, this Article observes that courts (in the cases it analyzes) are not interested …
To Err Is Human: The Judicial Conundrum Of Curing Apprendi Error, Joshua A.T. Fairfield
To Err Is Human: The Judicial Conundrum Of Curing Apprendi Error, Joshua A.T. Fairfield
Scholarly Articles
Not available.
The Tenuous Nature Of The Medicaid Entitlement, Timothy Stoltzfus Jost
The Tenuous Nature Of The Medicaid Entitlement, Timothy Stoltzfus Jost
Scholarly Articles
Though Medicare was from the outset an entitlement under federal law, the status of Medicaid has always been less certain. Arguably, it was the Supreme Court, rather than Congress that first recognized that Medicaid recipients (and providers) could sue the states in federal court to enforce federal Medicaid requirements. A recent widely reported federal court decision, however, called radically into question the continuing existence of a federal Medicaid entitlement. Though this decision has now been reversed, and rejected by other courts, it illustrates the tenuous nature of the Medicaid entitlement, and the need to reconstitute Medicaid as an exclusively federal …
Tolstoy And The Christian Lawyer, Raymond B. Marcin
Tolstoy And The Christian Lawyer, Raymond B. Marcin
Scholarly Articles
It may be that there is no literate person alive in the Western world who has not heard of Count Lyof Nikolaevich Tolstoi (Tolstoy), author of what some have called the quintessential novel among all recorded literature: War and Peace. It may also be that most literate persons are aware that Tolstoy was a moralist of some renown-of great renown in his day-whose pacifist thought presaged and influenced Mohandas K. Gandhi, the great and saintly Mahatma of India. One doubts, however, whether many are aware that Tolstoy penned what is perhaps the most devastating attack in all religious literature on …
Secrets Of Bank Regulation: A Reply To Professor Cohen, Heidi Mandanis Schooner
Secrets Of Bank Regulation: A Reply To Professor Cohen, Heidi Mandanis Schooner
Scholarly Articles
No abstract provided.
The Changing Jurisprudence Of The International Criminal Tribunal For The Former Yugoslavia, Geoffrey R. Watson
The Changing Jurisprudence Of The International Criminal Tribunal For The Former Yugoslavia, Geoffrey R. Watson
Scholarly Articles
No abstract provided.
Balancing As Art: Justice White And The Separation Of Powers, William J. Wagner
Balancing As Art: Justice White And The Separation Of Powers, William J. Wagner
Scholarly Articles
In more than one key opinion, Justice Byron White cited Justice Robert H. Jackson's concept of the "art of governing" as the cornerstone of his own approach to separation-of-powers problems.' In Youngstown Sheet & Tube Co. v. Sawyer, Justice Jackson had written:
The actual art of governing under our Constitution does not and cannot conform to judicial definitions of the power of any of its branches based on isolated clauses or even single Articles torn from context. While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable …
Things Are Seldom What They Seem: Judges And Lawyers In The Tales Of Mark Twain, Lucia A. Silecchia
Things Are Seldom What They Seem: Judges And Lawyers In The Tales Of Mark Twain, Lucia A. Silecchia
Scholarly Articles
This article explores the many and varies legal characters that populated the bench and bar in Mark Twain’s work. Judges and lawyers have long captivated the minds and talents of authors, and Twain was a prolific creator of jurisprudential characters. This article’s thesis is that a careful study of Twain’s fiction reveals a disturbing pattern of inconsistency between the conduct of his attorneys and judges and the quality of justice that their actions bring about. In all too many of Twain’s tales, true “justice” is far more likely to be achieved where lawyers and judges violate legal rules through deception, …
Legal Lessons Learned From Operation Enduring Freedom, Michael F. Noone Jr.
Legal Lessons Learned From Operation Enduring Freedom, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
How Arabs Fight Islamism: A Letter From Tunis, Marshall J. Breger
How Arabs Fight Islamism: A Letter From Tunis, Marshall J. Breger
Scholarly Articles
No abstract provided.
Internal Corporate Investigations: Legal Ethics, Professionalism And The Employee Interview, Sarah Helene Duggin
Internal Corporate Investigations: Legal Ethics, Professionalism And The Employee Interview, Sarah Helene Duggin
Scholarly Articles
This article addresses key ethical issues pertaining to the conduct of employee interviews in the course of internal corporate investigations. The discussion focuses on business corporations, but it is equally applicable to other for-profit and not-for-profit organizations." Part II provides background information on developments in organizational criminal liability over the past two decades, the importance of the United States Sentencing Commission's Organizational Sentencing Guidelines, and the concomitant emergence of the internal investigation as an integral part of modern corporate legal practice. Part III examines law enforcement authorities' growing insistence on corporate "cooperation" as a prerequisite to participation in voluntary disclosure …
Latin American Hybrid Constitutionalism: The United States Presidentialism In The Civil Law Melting Pot, Rett R. Ludwikowski
Latin American Hybrid Constitutionalism: The United States Presidentialism In The Civil Law Melting Pot, Rett R. Ludwikowski
Scholarly Articles
Commentators have often suggested that Latin American countries incorporate more features of parliamentary systems or experiment with "mixed" models of governance. This article presents arguments that such a recommendation should be carefully analyzed. First, the article demonstrates that, since the early stages of post-colonial history, the Latin American states modified U.S. presidentialism. The states have already experimented with many features of a parliamentary system, adopted a model of judicial review which was an amalgam of several well-known models, and wrestled with their own ethnic, cultural and legal problems not linked to the U.S. system of governance. Second, the article examines …