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Table Of Contents - Cardozo Law Review, Volume 13, Issue 6

Cardozo Law Review

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Introduction

Cardozo Law Review

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The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman

Cardozo Law Review

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A Critical Analysis Of The Brickman Administrative Proposal: Who Declared War On Asbestos Victims’ Rights?, Ronald L. Motley, Susan Nial

Cardozo Law Review

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Asbestos Personal Injury Compensation And The Tort System: Beyond “Fix It Cause It’S Broke”, Andrew T. Berry

Cardozo Law Review

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A View From The Judiciary, Jack B. Weinstein

Cardozo Law Review

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Comment On The Asbestos Claims Management Act Of 1991, Howard D. Samuel

Cardozo Law Review

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Fashioning A National Resolution Of Asbestos Personal Injury Litigation: A Reply To Professor Brickman, Deborah R. Hensler

Cardozo Law Review

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Comments On The Brickman Proposal For An Adminstrative Solution To The Asbestos Litigation Crisis, G. Marvin Bober

Cardozo Law Review

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Environmental Review In The Land Use Process: New York’S Experience With Seqra, Stewart E. Sterk

Cardozo Law Review

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The Garner Exception To Attorney-Client Privilege: A New Approach To “Good Cause”, Victoria A. Kummer

Cardozo Law Review

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A Genealogy Of Law: Inherent Sovereignty And First Nations Self-Government, John J. Borrows

Osgoode Hall Law Journal

First Nations self-government in Canada has often been regarded as extinguished or delegated from the British Crown or the Canadian federal government. First Nations self-government among the Chippewas of the Nawash Band in southern Ontario has not been extinguished or delegated, but continues to exist as an inherent exercise of community sovereignty. The idea of existing Aboriginal self-government in modern-day Ontario contrasts with many prevailing notions about Native society in Canada today. The inherent and unextinguished nature of self-government among the Nawash Band is demonstrated by examining the events of the author's ancestors and community in their interactions with foreign …

Open Discussion Of Presentation By Steven J. Metalitz, Esq., University Of Dayton

University of Dayton Law Review

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Introduction, Robert A. Kreiss

University of Dayton Law Review

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Collective Security V. Constitutional Sovereignty: Can The President Commit U.S. Troops Under The Sanction Of The United Nations Security Council Without Congressional Approval?, Brian M. Spaid

University of Dayton Law Review

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Presentation By Marybeth Peters, Esq., Marybeth Peters

University of Dayton Law Review

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Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon

University of Dayton Law Review

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Rico Meets Keiretsu: A Response To Predatory Transfer Pricing, James D. Harmon

Vanderbilt Journal of Transnational Law

Japanese cartels known as keiretsu pursue illegal transfer pricing policies which cost American taxpayers billions of dollars and place American businesses at a competitive disadvantage. Keiretsu-controlled subsidiaries located in the United States buy goods, financial products or services from their Japanese parent at fraudulently inflated prices. Their dual purpose is to create artificial business expenses and costs (thereby reducing taxable income and paying little or no United States corporate income tax) and to gain an edge on American businesses through tax evasion.

Mr. Harmon proposes that American businesses respond to this problem with techniques normally used against organized crime. The …

The European Community's Ucits Directive, Patrick J. Paul

Vanderbilt Journal of Transnational Law

As the twenty-first century approaches, the world is undergoing massive change. Social, political, and economic barriers are being torn down; new alliances are forming, as are new barriers. Economic stability and supremacy have replaced military supremacy in the hierarchy of a nation's policy objectives. The European Community's move toward a single market exemplifies this policy shift.

This Note focuses on one element of these global changes--internationalization of the securities market. The Note begins with an overview of the international securities market and the reasons for its increased globalization. The Investment Company Act of 1940 (the 1940 Act) that, in part, …

Japan In The Ec: Changing Strategies For Changing Times, Andrea R. Reichel

Vanderbilt Journal of Transnational Law

This Note addresses the effects of European integration on Japanese-Community trade relations. It explores, in order, the effects of the customs union and the common customs tariff, the changing quota system, the Community's anti-dumping legislation and rules of origin, and voluntary export restraint agreements. The Note also considers the effect of the General Agreement on Tariffs and Trade (GATT) on these trade relations. While recognizing that the Community is taking steps to impede Japanese investment in the Community, the author observes that some of these measures may be neither legal nor effective. The author concludes that Japan is well-positioned to …

Posner On Duncan Kennedy And Racial Difference: White Authority In The Legal Academy, Jerome Mccristal Culp Jr.

Duke Law Journal

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Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer

Articles

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The Ontario Court Of Appeal And Speedy Justice, Carl Baar, Ian Greene, Martin Thomas, Peter Mccormick

Osgoode Hall Law Journal

The authors use a data sample collected from the Ontario Court of Appeal minute books between 1983 and 1987 to analyze how appeals move through the province's highest court. Criminal and, chiefly, sentence appeals dominate the Court's agenda. Hearing times-the duration of argument and rendering of judgment-are shorter than commonly believed, most often lasting less than twenty minutes. Elapsed times-the period between end of trial and beginning of hearing-are, on average, 77 per cent longer for civil than criminal appeals, 52 per cent longer for defendant than crown appeals, and 23 per cent longer for fall than spring appeals. Elapsed …

Feminist Jurisprudence In A Conventional Context: Is There Room For Feminism In Dworkin's Theory Of Interpretive Concepts?, Lynne Hanson

Osgoode Hall Law Journal

This paper examines Dworkin's interpretive theory of law from a feminist perspective, and asks whether his attempts to accommodate competing political opinions within an interpretive community can successfully encompass feminist concerns as well. It is argued that Dworkin repeatedly underestimates the extent of disagreement regarding the practice of law as a whole, while his requirements of fit, coherence and integrity impose a political agenda on the interpreter. As a consequence, Dworkin's theory is ultimately unable to adequately respond to a feminist critique of law, so that feminist jurisprudence must be seen as falling outside the scope of his interpretive community.

Child Welfare Law, "Best Interests Of The Child" Ideology, And First Nations, Marlee Kline

Osgoode Hall Law Journal

Liberalism has structured legal discourse such that racism is most often unintended and rarely explicit. To understand how and why law has an oppressive and discriminatory impact on First Nations and other racialized groups in Canadian society, one must look at some of its more subtle processes and, in particular, its ideological form. The goal of this article is to provide insight into the origins and operation of "best interests of the child" ideology and to illustrate how it structures and constrains judicial decision making in the context of First Nations child welfare. Best interests ideology serves to portray the …

Fiduciary Obligation Under Intellectual Siege: Contemporary Challenges To The Duty To Be Loyal, Deborah A. Demott

Osgoode Hall Law Journal

This essay argues that fiduciary obligation is a distinctive type of obligation. Its central rationale, nurturing and enforcing commitments to act loyally toward the interests of others, furnishes limits on the reach of fiduciary obligations. Attempts to characterize fiduciary obligation as solely a type of contractual obligation or as a concept best rationalized by the law of torts are unpersuasive, as are attempts to capture fiduciary obligation within definitions of altruistic behaviour. The author elaborates these arguments using examples drawn from partnership and corporate law.

The Asbestos Claims Management Act Of 1991: A Proposal To The United States Congress, Lester Brickman

Cardozo Law Review

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Framing The Compensation Inquiry, Elizabeth Rolph

Cardozo Law Review

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Introduction: Contrasting Perspectives On O'Brien V. Cunard S. S. Co. Ltd.

Missouri Law Review

This article gives five articles that present a pedagogical approach to O'Brien v. Cunard S.S. Co. Ltd.

O'Brien V. Cunard S.S. Co., Limited

Missouri Law Review

This article talks about the O'Brien v. Cunard S.S. Co. Ltd. and the specific events that occurred in this case.