Law Commons^™

The New Jersey Experience: Accomodating The Separation Between The Legislature And The Judiciary, Marie L. Garibaldi

Seton Hall Law Review

No abstract provided.

Freedom Of The Press - Confidentiality - Reporters Are Liable Under Promissory Estoppel Doctrine For Breach Of Source Confidentiality Agreement - Cohen V. Cowles Media Company, 111 S. Ct. 2513 (1991)., Elisabeth L'Heureux

Seton Hall Law Review

No abstract provided.

Gun Control: The Brady Handgun Violence Prevention Act, Marc Christopher Cozzolino

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Seton Hall Legislative Bureau - Vol. 16, No. 1 1992

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Southwest Diversified, Inc. V. City Of Brisbane: New Opportunities For Municipalities To Avoid Referendum In Land Use Decisions, Cindy Y. Dobler

San Diego Law Review

In Southwest Diversified, Inc. v. City of Brisbane, the California Court if Appeal held that a city ordinance which changed the zoning of originally designated wildlife habitat to another location within the proposed development was an administrative act and therefore not subject to referendum. Although local citizens groups had collected the requisite signatures to put the ordinance on the ballot for repeal by referendum, the appellate court upheld the lower court's decision ordering the city to desist from holding the election on the issue. The appellate court, narrowly focusing on the perceived intent and wording of a habitat conservation plan, …

The Influence Of Economics On Law: A Quantitative Study, Richard A. Posner, William M. Landes

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Table Of Contents - Vol. 16, No. 1 1992

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Guaranteed Health Care: Conflicting Court Decisions Force Congress To Shed Cobra's Skin, Jeanne M. Savitscus

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Theoretic Analysis Of Corporate Auctioneers Liability Regimes, Randall Thomas, Robert G. Hansen

Vanderbilt Law School Faculty Publications

In Schneider v. Lazard Freres & Co. a New York appellate court greatly expanded the liability of investment advisers working as corporate auctioneers. Under this new legal regime, auctioneer/advisers accused of simple negligence are exposed to billions of dollars of potential legal liabilities. This article first reviews the existing law covering auctioneer/advisers and shows that the Schneider decision conflicts with the law governing general auctioneers and with the law governing the role of advisers and directors during the sale of the corporate control. Next, using an auction-theoretic framework, this Article shows that Schneider will likely result in: (1) increased indemnification …

Survey Of Recent Developments In New Jersey Law

Seton Hall Law Review

No abstract provided.

The Use Of Legislative History In Statutory Interpretation: A Look At Regents V. Bakke, Robert J. Araujo S.J.

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Birth Of Family And Medical Leave Legislation - Is It Time For Uncle Sam To Mandate Adoption?, Elizabeth A. Kenny

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Some Natural Confusions About Natural Law, Philip Soper

Michigan Law Review

To describe this renewed interest in natural law as a resurgence does imply, no doubt, that the ideas associated with the concept are too vital to be put permanently to rest; but resurgence also implies that natural law, for whatever reason, has been assigned the role of challenger to the reigning orthodoxy, rather than that of defending champ. By and large, this inference about the role assigned to natural law by the general public is, I think, correct. Natural law seems to evoke a degree of skepticism in our society that forces any theory that goes by the name to …

Allocation Of Loss Due To Fraudulent Wholesale Wire Transfers: Is There A Negligence Action Against A Beneficiary's Bank After Article 4a Of The Uniform Commercial Code?, Robert M. Lewis

Michigan Law Review

This Note argues that where a bank reasonably should have known of a fraud but still pays out a wire transfer to an unauthorized recipient, common law negligence should provide a basis for recovery despite the absence of an explicit Code provision imposing liability on the bank. Part I examines the UCC's language itself and analyzes possible cases, under 4A and under articles 3 and 4 by analogy, and discusses the applicability of these other parts of the UCC to wire transfers. Part II examines how extra-Code regulatory systems and the common law would determine wire transfer liability. Part II …

V.29-3, 1992 Masthead

San Diego Law Review

No abstract provided.

Hahn V. Superior Court: Failing To Take The Doctrine Of Strict Premises Liability To Its Logical Conclusion, Raquel Maria Prieguez

San Diego Law Review

This Casenote questions the holding in Hahn v. Superior Court, decided by the California Court of Appeals in 1991. In Hahn, the Court of Appeals refused to extend the doctrine of strict liability to the owner of a shopping mall based on a defective commercial establishment. The Casenote argues that the development of the doctrine of strict premises liability was arrested prematurely by the courts in California due to their effort to curb the tide of plaintiff compensation. The author argues that defective commercial establishments place the public in as much risk of harm as manufacturers of defective products. The …

Corporate Benefits Without Corporate Taxation: Limited Liability Company And Limited Partnership Solutions To The Choice Of Entity Dilemma, Richard L. Parker

San Diego Law Review

This Article confronts the dilemma of many businesses in selecting a proper entity for the conduct of their business. It explains that businesses may desire to incorporate for state law purposes, but also wish to avoid the more onerous taxation on corporate income. The author notes that the options for dealing with this dilemma have changed significantly as of 1992. He argues that the S corporation has become a less attractive alternative to incorporation, while limited partnerships and limited liability companies have become more desirable. The author concludes that limited partnerships and limited liability companies may permit new businesses to …

The Left Critique Of Normativity: A Comment, Mark V. Tushnet

Michigan Law Review

"In today's legal academy, the critique of normativity is associated with the left." The preceding sentence, which I have constructed to summarize the starting point of this essay, is both largely true and arguably incoherent. The incoherence occurs because describing a position as "the left" connotes values like egalitarianism, which are obviously normative. This essay examines the ways in which some writers associated with the left in the legal academy have tried to resolve the incoherence. The first Part shows that these writers can be identified with the left even in their critiques of normativity and also shows that they …

Moral Responsibility In The Age Of Bureaucracy, David Luban, Alan Strudler, David Wasserman

Michigan Law Review

No twentieth-century writer has thought so deeply, or so yearningly, about natural law as Franz Kafka. Kafka's is a world in which we seek desperately to know the natural law that is sovereign in human affairs but find that knowledge of the law is withheld from us. For this reason, we lead our lives in a state of, if not original sin, then original guilt - guilt for violating the law, or perhaps guilt for not knowing the law, despite the fact that we wish to know it.

The Trial is Kafka's greatest elaboration of this theme. Joseph K. is …

Justifiably Punishing The Justified, Heidi M. Hurd

Michigan Law Review

Contemporary moral philosophy, political theory, and jurisprudence have converged to create a quite baffling dilemma. This dilemma is generated by the apparent incompatibility of three principles, each of which grounds features of our system of law and government, and each of which carries substantial normative weight. The first I shall call the punishment principle - a moral principle, doctrinally entrenched in American criminal and civil law, which holds that individuals who are morally justified in their actions ought not to be blamed or punished for those actions. The second is the principle of the rule of law - a complex …

Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman

Michigan Law Review

The approaches of Hughes and Sutherland are but two extremes in constitutional interpretation. Though only two results were possible in the case - either the Act was constitutional or it was not - there are more than two methods by which an interpreter could reach those results. This Note explores possible ways of deciding Blaisdell, using the case as a vehicle for delimiting the boundaries of a positive constitutional command. As a sort of empirical investigation of legal philosophy, the Note examines how various interpretive theories affect an interpreter's approach to the case, and the results these theories might …

Moral Reality Revisited, Michael S. Moore

Michigan Law Review

Both the moral realist and the relational theses need clarification and motivation as much as they need defense. Because I have recently focused on the relational thesis, in this article I shall focus on the moral realist thesis. I shall ask three questions about the thesis. First, what does the thesis assert? This is a matter of clarifying what one means when one either asserts or denies that moral values are objective. Second, why should we care whether the moral realist thesis is true or false? I shall examine this question both in terms of the impact the truth or …

Injunctive Relief For Constitutional Violations: Does The Civil Service Reform Act Preclude Equitable Remedies?, Elizabeth A. Wells

Michigan Law Review

This Note argues that the federal courts retain power to furnish equitable relief for constitutional violations to ensure adequate protection of federal employees' rights. Statutory procedures and remedies available under the Civil Service Reform Act of 1978 (CSRA) and related legislation should preempt judicially created equitable relief only where the government or federal agency affirmatively demonstrates that these procedures are constitutionally sufficient. Part I canvasses the current lower court response to the question of preclusion and notes the various routes taken by the courts in inferring congressional intent to preempt. This Part discusses varying interpretations of the Civil Service Reform …

The Case Against Applying The Relation-Back Doctrine To The Exercise Of General Powers Of Appointment, Melanie Leslie

Cardozo Law Review

No abstract provided.

Masthead, Volume 14 (1992-1993)

Cardozo Law Review

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 14, Issue 1

Cardozo Law Review

No abstract provided.

Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman

Cardozo Law Review

No abstract provided.

A Response To The “Probative Value” Theory Of Hearsay Suggested By Hearsay From A Layperson, Eleanor Swift

Cardozo Law Review

No abstract provided.

Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue

Cardozo Law Review

Cardozo Law School was host to an evidence conference on March 24-26, 1991. The papers have been published, so the conference has been duly memorialized. However, the conference had a "subtext" that differed from the "text," that is, the theme of the conference, judging from the hallway gossip, differed from the officially proclaimed theme; if one reads the published text carefully, one can see the subtext within the text, the unofficial theme alongside the official theme. I asked the editors of this Review to let me record my evaluation of the unofficial theme, so that it may have equal status …

A Curious Document Recently Discovered In The Archives, Peter Tillers

Cardozo Law Review

The document reproduced below, which appears to be a letter written by Peter Pilgrim to "Lash, " was recently discovered in the archives of the library of the Benjamin N. Cardozo School of Law. Peter Pilgrim is the late Doctor of Facts at Cardozo. "Lash" is probably L.H. LaRue, Story Professor of Law at Washli University. Professor LaRue is also known as the Delphic Oracle of Lex, possibly because no one knows for sure what the letters "L.H." represent. The annotations to the text of the putative letter appear to be a mixture of notes by its author and comments …