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Articles 1 - 13 of 13
Full-Text Articles in Law
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Faculty Scholarship
Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …
$850,000 In Six Minutes-The Mechanics Of Securities Manipulation, Steve Thel
$850,000 In Six Minutes-The Mechanics Of Securities Manipulation, Steve Thel
Faculty Scholarship
No abstract provided.
Twelve Letters From Arthur L. Corbin To Robert Braucher Annotated, Joseph Perillo
Twelve Letters From Arthur L. Corbin To Robert Braucher Annotated, Joseph Perillo
Faculty Scholarship
No abstract provided.
Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989 , Roger J. Goebel
Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989 , Roger J. Goebel
Faculty Scholarship
Certainly, in the eyes of the drafters of the EEC Treaty, social progress was inseparably linked with economic progress, and both were intimately related to the goal of a "union among the peoples of Europe." The Court of Justice has also recognized the importance of social policy, stating that "the Community ...is not merely an economic union," but rather has a "double aim, which is at once economic and social ..." In view of the capital importance thus accorded to the social aspect of the European Community, it is surprising that the Community's achievements in the social sphere, both through …
Antitrust Liability For Collective Speech: Medical Society Practice Standards, Mark R. Patterson
Antitrust Liability For Collective Speech: Medical Society Practice Standards, Mark R. Patterson
Faculty Scholarship
No abstract provided.
Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault , Gail D. Hollister
Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault , Gail D. Hollister
Faculty Scholarship
All or nothing. For years this idea of absolutes has been a hallmark of tort law despite the inequities it has caused. Plaintiffs must either win a total victory or suffer total defeat. In recent years courts and legislatures have begun to recognize the injustice of the all-or-nothing approach and to replace it with rules that permit partial recoveries that are more equitably tailored to the particular facts of each case. The most dramatic example of this more equitable approach is the nearly universal rejection of contributory negligence in favor of comparative fault in negligence cases. Almost all jurisdictions, however, …
Women Judges And Better Justice For All, John D. Feerick
Women Judges And Better Justice For All, John D. Feerick
Faculty Scholarship
According to the most recent report of The New York Judicial Committee on Women in the Courts, published in October 1992, out of a total of 1,129 judges, only 183 are female. It is clear women are under-represented in the judiciary. Decisive action is required in order to increase opportunities for women to become judges. In January 1992, Governor Cuomo's Task Force on Judicial Diversity ("the Task Force") issued its report. The Task Force strongly supported diversity and set forth compelling reasons why a diverse bench is in the public interest. The report reminded us that "diversity is vital because …
Fishing In Muddy Waters: Clarifying The Common Pool Analogy As Applied To The Standard For Commencement Of A Bankruptcy Case, Susan Block-Lieb
Fishing In Muddy Waters: Clarifying The Common Pool Analogy As Applied To The Standard For Commencement Of A Bankruptcy Case, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
Should Mcmahon Be Revisited?, Constantine N. Katsoris
Should Mcmahon Be Revisited?, Constantine N. Katsoris
Faculty Scholarship
No abstract provided.
Happy Birthday, Harter: A Reappraisal Of The Harter Act On Its 100th Anniversary, Joseph Sweeney
Happy Birthday, Harter: A Reappraisal Of The Harter Act On Its 100th Anniversary, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Faculty Scholarship
Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …
Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster
Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster
Faculty Scholarship
The essays contained in Race and the Incidence of Environmental Hazards: A Time For Discourse and the recent report by the United States Environmental Protection Agency (EPA), Environmental Equity: Reducing Risk For All Communities represent what appears to be a remarkable consensus that low-income and minority communities bear a disproportionate share of environmental exposures and health risks. These two works also reflect the synergy of efforts by various elements of both the traditional civil rights and mainstream environmental movements to address issues of "environmental racism." Indeed, the current "environmental justice," or "environmental equity,"' movement is a combined effort of grassroots …
Bank Holding Company Act: Has It Lived Its Life, The , Carl Felsenfeld
Bank Holding Company Act: Has It Lived Its Life, The , Carl Felsenfeld
Faculty Scholarship
The Bank Holding Company Act of 1956 (BHCA) "regulates the acquisition of state and national banks by bank holding companies." The BHCA also regulates the nonbanking activities of bank holding companies and their nonbank subsidiaries. The BHCA was enacted and remains on the books for two fundamental reasons: 1) to prevent undue concentration in banking; and 2) to avoid the mixing of banking with other businesses unrelated to banking (generally called "commerce"). Both of these purposes have been or are being discredited, and it is time to ask whether the BHCA should be repealed. On several levels, banking is combined …