Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (2)
- Securities Law (2)
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
- Conflict of Laws (1)
-
- Constitutional Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Courts (1)
- Fourteenth Amendment (1)
- International Law (1)
- Law and Society (1)
- Legal Ethics and Professional Responsibility (1)
- Legal History (1)
- Legal Profession (1)
- Legislation (1)
- Public Law and Legal Theory (1)
- State and Local Government Law (1)
- Keyword
-
- Antitrust (1)
- Biological deficiency (1)
- Civil Rights Act of 1866 (1)
- Conflict of interest (1)
- Congress (1)
-
- Crime (1)
- Cultural gap (1)
- Damages (1)
- Defense (1)
- Defense counsel (1)
- Due Diligience (1)
- EEC (1)
- Ethical obligation (1)
- Fifth Circuit (1)
- Genetics (1)
- Patterson v. McClean Credit Union (1)
- Professional qualifications (1)
- Prosecution (1)
- Racial Discrimination (1)
- Reliance (1)
- Right to Contract (1)
- Runyon v. McCrary (1)
- Securities Exchange Act of 1934; trading prices; market speculation; manipulation (1)
- Suspect class; disparate impact (1)
- Transnational law (1)
- Transnational legal practice (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Securities Law Fifth Circuit Symposium, Steve Thel
Securities Law Fifth Circuit Symposium, Steve Thel
Faculty Scholarship
The Fifth Circuit decided some important securities cases during the survey period and issued some interesting opinions. Although the court consistently claimed a conservative reliance on precedent and seldom acknowledged making new law, it interpreted some well-established doctrine in surprising ways. The past year's opinions in fraud cases provide guidance in the related areas of reliance, damages, and plaintiff's due diligence. The year also witnessed important developments in the law governing the relationship between brokerage firms and their clients. The most spectacular development in this area during the survey year was the October collapse in security prices. In light of …
Her Brother's Keeper: The Prosecutor's Responsibility When Defense Counsel Has A Potential Conflict Of Interest , Bruce A. Green
Her Brother's Keeper: The Prosecutor's Responsibility When Defense Counsel Has A Potential Conflict Of Interest , Bruce A. Green
Faculty Scholarship
What are the responsibilities of a prosecutor when she learns in the course of preparing for trial that defense counsel has a potential conflict of interest? Must the prosecutor alert defense counsel and the trial judge to the problem? May she move to disqualify defense counsel? This Article explores the responsibilities that courts have begun to, and ought to, impose on prosecutors. In large part, the prosecutor's responsibilities are subordinate to those of defense counsel and the trial judge, who have the primary responsibility to ensure that the defendant's right to independent counsel is not unfairly abridged. Therefore, as background …
Professional Qualification And Educational Requirements For Law Practice In A Foreign Country: Bridging The Cultural Gap, Roger J. Goebel
Professional Qualification And Educational Requirements For Law Practice In A Foreign Country: Bridging The Cultural Gap, Roger J. Goebel
Faculty Scholarship
This Article will discuss preparation for transnational legal practice, and the extent of the right to engage in transnational legal practice in major commercial centers. It is divided into five parts: (I) the role of the transnational lawyer in bridging the cultural gap; (II) education in preparation for transnational practice; (III) professional qualification requirements for foreign lawyers in New York and several major commercial centers abroad; (IV) the extent of the lawyer's right to provide services and the right of professional establishment in the EEC; and (V) some general reflections on desirable qualification requirements for law firms and individuals to …
Regulation Of Manipulation Under Section 10(B): Security Prices And The Text Of The Securities Exchange Act Of 1934, Steve Thel
Faculty Scholarship
No abstract provided.
Antitrust In Today's World Economy, Barry Hawk
Antitrust In Today's World Economy, Barry Hawk
Faculty Scholarship
No abstract provided.
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
The Reimposition Of Capital Punishment In New Jersey: The Role Of Prosecutorial Discretion, Leigh B. Bienen, Neil A. Weiner, Deborah W. Denno, Paul D. Allison, Douglas L. Mills
The Reimposition Of Capital Punishment In New Jersey: The Role Of Prosecutorial Discretion, Leigh B. Bienen, Neil A. Weiner, Deborah W. Denno, Paul D. Allison, Douglas L. Mills
Faculty Scholarship
After Furman v. Georgia held that state statutes that allow for the imposition of the death penalty in an arbitrary and capricious manner violate the Constitution, the states were forced to rewrite their capital punishment statutes. New Jersey adopted a new statute in 1982. Despite the attempt of the New Jersey legislature to comply with the mandate of Furman, application of the statute has resulted in clear and significant discrepancies in the treatment of potentially capital defendants based on the race of the victim, the county of jurisdiction, and the race of the defendant. This article details a large study …
Human Biology And Criminal Responsibility: Free Will Of Free Ride ?, Deborah W. Denno
Human Biology And Criminal Responsibility: Free Will Of Free Ride ?, Deborah W. Denno
Faculty Scholarship
This Comment presents three major arguments concerning biological deficiency defenses, using, respectively, a critique of biosocial science research, a statistical model of biological and sociological data, and an examination of theories and philosophies on causation and behavior. First, this Comment argues that there should be no defense to mitigate criminal responsibility except in the less that one percent of cases eligible for the insanity defense. Second, this Comment argues that social science research has not successfully demonstrated sufficiently strong links between biological factors and criminal behavior to warrant major consideration in determining criminal responsibility. Third, this Comment demonstrates that no …