Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

1992

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 7201 - 7230 of 7926

Full-Text Articles in Law

Subject Index Jan 1992

Subject Index

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Teaching Legal Research: Past And Present, Joyce Manna Janto Jan 1992

Teaching Legal Research: Past And Present, Joyce Manna Janto

Law Faculty Publications

For years librarians have debated which procedures will most effectively instruct law students in the art of legal research. Ms. Janto and Ms. Harrison-Cox trace the history of these efforts and propose a model program for the teaching of legal research.


Book Review: The North Carolina Legal Deskbook, Timothy L. Coggins Jan 1992

Book Review: The North Carolina Legal Deskbook, Timothy L. Coggins

Law Faculty Publications

A book review on The North Carolina Legal Deskbook: The Common Sense Approach 1992-93.


Montana's New Business Corporation Act: Duties, Dissension, Derivative Actions And Dissolution, Steven C. Bahls Jan 1992

Montana's New Business Corporation Act: Duties, Dissension, Derivative Actions And Dissolution, Steven C. Bahls

Montana Law Review

Montana's New Business Corporation Act: Duties, Dissension, Derivative Actions and Dissolution


Kelly V. Widner: Unconscionability Through The Looking Glass, David G. Dennis Jan 1992

Kelly V. Widner: Unconscionability Through The Looking Glass, David G. Dennis

Montana Law Review

Kelly v. Widner: Unconscionability through the looking glass


The Modified Just Rule: A New Standard For The Admissibility Of Evidence Of Other Crimes, Wrongs Or Acts Under Rules 403 And 404(B) Of The Montana Rules Of Evidence, Robert Cameron Jan 1992

The Modified Just Rule: A New Standard For The Admissibility Of Evidence Of Other Crimes, Wrongs Or Acts Under Rules 403 And 404(B) Of The Montana Rules Of Evidence, Robert Cameron

Montana Law Review

The Modified Just Rule: A new standard for the admissibility of evidence of other crimes, wrongs or acts under Rules 403 and 404(b) of the Montana Rules of Evidence


The ‘Ivan’ Case: Cold War Injustice, Ruti G. Teitel Jan 1992

The ‘Ivan’ Case: Cold War Injustice, Ruti G. Teitel

Other Publications

No abstract provided.


Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn Jan 1992

Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn

St. Mary's Law Journal

In Texas, worries of judicial overproduction have persisted throughout the twentieth century. Although the Texas Supreme Court began to use per curiam opinions more frequently around 1925, the flood continues. Texas now has more courts and judges than ever before, and history offers no reason to expect retrenchment. The present scheme in Texas creates two classes of judicial opinions, published and unpublished. Unpublished opinions are not supposed to count for purposes of stare decisis, while published opinions do. Texas Appellate Rule 90 regulates the issuance of opinions from the courts of appeals. Part (a) requires intermediate courts to issue written …


Analyzing Scientific Evidence: From Validity To Reliability With A Two-Step Approach., Renee A. Forinash Jan 1992

Analyzing Scientific Evidence: From Validity To Reliability With A Two-Step Approach., Renee A. Forinash

St. Mary's Law Journal

Throughout legal history, courts have wrestled with scientific evidence. Sometimes the courts admitted invalid evidence disguised as science. In the 1920’s, courts developed a very limited standard of admissibility for scientific evidence. Under the Frye test, a scientific expert’s conclusion was inadmissible unless the conclusion was generally accepted by the scientific community. Although this prevented “junk science” from invading courtrooms, it also protected invalid scientific evidence already present in the system and restricted using new, but valid, scientific techniques. In response, many jurisdictions developed more liberal evidentiary standards. The liberal standards averted the “cultural lag” for which Frye was criticized …


Front Matter Jan 1992

Front Matter

Journal of Air Law and Commerce

No abstract provided.


The Flight Of Toxic Tort - Aerial Application Of Insecticides And Herbicides: From Drift Liability To Toxic Tort, Richard D. Chappuis Jr. Jan 1992

The Flight Of Toxic Tort - Aerial Application Of Insecticides And Herbicides: From Drift Liability To Toxic Tort, Richard D. Chappuis Jr.

Journal of Air Law and Commerce

No abstract provided.


Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin Jan 1992

Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin

Fordham Law Review

In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional theory, arguing that epistemic indeterminacy is most relevant to the law, because epistemic indeterminacy is more closely tied to practical reasoning than is metaphysical indeterminacy. Professor Lipkin further argues that the controversy over metaphysical or epistemic indeterminacy is really a controversy over truth or justification as the primary form of validating constitutional rules. In Professor Lipkin's view, the search for constitutional truth should be abandoned or, at best, should be treated as a trivial result of the best justification. Finally, Professor Lipkin proposes a new …


Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny Jan 1992

Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny

Fordham Law Review

No abstract provided.


Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen Jan 1992

Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen

Fordham Law Review

In this Article, Professor Eggen discusses how various scientific studies suggest a causal connection between workers' reproductive and genetic injuries and their exposure to toxins in the workplace. Because of conflicts between scientific and legal causation standards, workers and affected family members often cannot prove a sufficient causal connection between toxic exposure and ensuing injury to recover under existing workers' compensation and tort laws. Thus, Professor Eggen proposes several specific reforms to both the workers' compensatoin and tort law systems to improve the availability of these relief mechanisms for toxic exposure victims.


Causal Comparisons, Robert N. Strassfeld Jan 1992

Causal Comparisons, Robert N. Strassfeld

Fordham Law Review

Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms. He concludse that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility--we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plaintiff's failt for failure to exercise reasonable care.


The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay Jan 1992

The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay

Fordham Law Review

This speech was given by The Rt. Hon. Lord Mackay on April 3, 1991, at Fordham University's School of Law as the John F. Sonnet Memorial Lecture.


Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer Jan 1992

Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer

Fordham Law Review

No abstract provided.


The Rationalist Tradition At Trial, James L. Kainen Jan 1992

The Rationalist Tradition At Trial, James L. Kainen

Fordham Law Review

Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)


Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy Jan 1992

Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy

Fordham Law Review

In this Article, Professor Malloy examines the convergence of regulatory standards among international regulators, suggesting that the dynamic of financial services regulation can be best understood as a conceptualized version of the bumper cars ride at an amusement park. While Professor Malloy suggests that a certain degree of convergence has already occurred in international regulation, thus decreasing the number of "bumps" in the ride, he also recognizes that much of this convergence remains propsective rather than actual, and currently is dominated by a pattern of regionalized regulation. Professor Malloy argues that, unless a converged pattern of regulation continues to develop, …


U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein Jan 1992

U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein

Fordham Law Review

The Federal Deposit Insurance Corporation Improvement Act of 1991 contains several sections dealing with the regulation of foreign banks in the United States. In this Article, Professor Lichenstein gives a critical analysis of the new foreign-bank legislation. After arguing that these legislative changes do not adequately address the emerging financial marketplace, Professor Lichtenstein offers a modest proposal for revising the U.S. regulatory structure.


The Role Of Securities And Exchange Commission In An Internationalized Marketplace, James R. Doty Jan 1992

The Role Of Securities And Exchange Commission In An Internationalized Marketplace, James R. Doty

Fordham Law Review

Mr. Doty, General Counsel of the United States Securities and Exchange Commission ("SEC"), explores the complexities of an internationalized securities market and the appropriate role of the SEC in such a marketplace. Mr. Doty examines the cooperation of securities authorities from around the globe, including the SEC, to address problems of fraudulent conduct, capital adequacy, and standards of disclosure. Mr. Doty concludes that the SEC has been, and should continue to be, a "standard-setter" in the globalization process.


An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld Jan 1992

An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld

Fordham Law Review

No abstract provided.


The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg Jan 1992

The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg

Fordham Law Review

Professor Reidenberg addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. Professor Reidenberg argues that the international attempts to harmonize information processing encourage divergence of national standards for financial services. He argues that regulatory flexibility and customization is necessary to support financial sevices and accomodate, without circumventing, …


Putting Starch In European Efforts To Combat Money Laundering, Scott E. Mortman Jan 1992

Putting Starch In European Efforts To Combat Money Laundering, Scott E. Mortman

Fordham Law Review

No abstract provided.


Putting The Super Back In The Supervision Of International Banking, Post-Bcci, Daniel M. Laifer Jan 1992

Putting The Super Back In The Supervision Of International Banking, Post-Bcci, Daniel M. Laifer

Fordham Law Review

No abstract provided.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Introductory Remarks, William Michael Treanor Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Introductory Remarks, William Michael Treanor

Fordham Law Review

No abstract provided.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley

Fordham Law Review

Judge Motley provides an insightful overview of the Brown v. Board of Education decision in an historical context In addition to analyzing several Supreme Court decisions that preceded Brown, Judge Motley focuses on the role of Thurgood Marshall as both a strategist and tactician during this dynamic period in our history. Judge Motley concludes by examining the immediate impact of Brown on the civil rights movement in America.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Public Law Litigation And The Ambiguties Of Brown, Mark Tushnet Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Public Law Litigation And The Ambiguties Of Brown, Mark Tushnet

Fordham Law Review

Professor Tushnet posits that the Supreme Court's concern for gradually carrying out desegregation in the public schools ironically gave rise to "'public law litigation"---an aggressive form ofjudicial review. Specifically. Professor Tushnet argues that the "all deliberate speed" standard, which separated the right from the remedy, enabled the courts to become a more powerful institution in shaping social policy. Throughout his speech, Professor Tushnet provides insight into the thought processes of the Supreme Court justices at the time of the Brown decision.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper

Fordham Law Review

As the first Director-Counsel of the NAACP Legal Defense and Education Fund, otherwise known as the "Inc. Fund," Thurgood Marshall helped establish the Inc Fund's tradition of landmark civil rights litigation. Mr. Harper discusses in this article the role played by the Inc Fund and Justice Marshall in overthrowing Monroe v. Pape and its curtailment of civil rights suits against municipalities. The instrument for change was Harkdess v. Sweeny Independent School District, a suit filed on behalf of seventeen Black schoolteachers who were discriminatorily fired by a Texas school district.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Learning Together: Justice Marshall's Desegregation Opinions, Maria L. Marcus Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Learning Together: Justice Marshall's Desegregation Opinions, Maria L. Marcus

Fordham Law Review

In this Article, Professor Marcus examines the influence of Justice Thurgood Marshall on the Supreme Court's current school desegregation agenda. Justice Marshall was part of the majority in desegregation cases during his earlier years on the high Court subsequently, however, his role became one of dissenter. Professor Marcus analyzes the divisive issues facing the Court in desegregation litigation, Marshall's positions on such issues, and his legacy to the Court in this area. Finally, the Article assesses the vitality of this legacy in light of two Supreme Court decisions issued after Justice Marshall's retirement.