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Articles 61 - 68 of 68
Full-Text Articles in Law
Preserving The Third Temple: Israel's Right Of Anticipatory Self-Defense Under International Law, Louis R. Beres
Preserving The Third Temple: Israel's Right Of Anticipatory Self-Defense Under International Law, Louis R. Beres
Vanderbilt Journal of Transnational Law
In this Article, Professor Beres discusses certain political tensions in the Middle East and the appropriateness of preemptive military action by Israel. He concludes that the ongoing hostilities and threatening overtures by Israel's enemies could give Israel sufficient basis pursuant to international law to conduct preemptive strikes. Upon reaching this conclusion, Professor Beres considers the level of force Israel should employ in various preemptive or counter retaliation scenarios. While the degree of preemption is debatable, the author believes that the preservation of Israel may require some preemptive action in the near future.
No Hablo Ingles: Court Interpretation As A Major Obstacle To Fairness For Non-English Speaking Defendants, Michael B. Shulman
No Hablo Ingles: Court Interpretation As A Major Obstacle To Fairness For Non-English Speaking Defendants, Michael B. Shulman
Vanderbilt Law Review
A Cuban man was convicted on drug charges for uttering the words above. He used the words in response to a request for a loan and, given the dialect of the speaker and the context of the statement, they can properly be translated as "[m]an, I don't even have ten cents." Instead, the court interpreter mistakenly translated them as, "[m]an, I don't even have ten kilos."' This case demonstrates the influence the court interpreter can have on the outcome of a case. As extraordinary as this situation may appear, however, it is not an isolated incident. Rather, what is unusual …
The Nonproliferation Treaty And The "New World Order", Bryan L. Sutter
The Nonproliferation Treaty And The "New World Order", Bryan L. Sutter
Vanderbilt Journal of Transnational Law
The Treaty on the Non-Proliferation of Nuclear Weapons (NPT or Treaty) faces either extinction or extension in 1995, when the NPT signatories will meet to decide its fate. Given the rapid changes in today's nuclear technology and political environment, many states have expressed reservations about extending the Treaty. This Note considers the implications of those reservations as well as arguments favoring extension. This Note reviews the birth of the atomic age and the terms of the NPT and examines the Treaty's strengths and weaknesses. The author concludes that the Treaty should remain in force and suggests strategies for maintaining the …
Environmental Torts, Troyen A. Brennan
Environmental Torts, Troyen A. Brennan
Vanderbilt Law Review
Over the last two decades, a new class of torts has emerged that targets personal injuries caused by toxic substances in the environment. These hybrid environmental torts are quite distinct from the trespass-nuisance precedent that is part of traditional tort theory; nor are environmental torts simply a subset of the mass hazardous sub- stance litigation that has remade product liability law. Environmental torts are informed, in a way product law is not, by environmental regulation. These torts are unique because their deterrent signal is transmitted to producers of hazardous environmental pollutants by litigants who have suffered physical injury or disease. …
Federal Sentencing Guidelines For Organizational Defendants, Emmett H. Miller, Iii
Federal Sentencing Guidelines For Organizational Defendants, Emmett H. Miller, Iii
Vanderbilt Law Review
The first Federal Sentencing Guidelines for Organizational Defendants ("Guidelines") became effective on November 1, 1991.' The Guidelines represent the federal government's latest action in the developing area of organizational sanctions and are the result of three years of work and several prior draft proposals by the United States Sentencing Commission. Part II of this Recent Development examines past legal and theoretical approaches to the problem of organizational sentencing. Part III describes both the past and present efforts of the United States Sentencing Commission to promulgate sentencing guidelines for organizations. Part IV analyzes the new Guidelines in light of the statutory …
Where Were The Lawyers? A Behavioral Inquiry Into Lawyers' Responsibility For Clients' Fraud, Donald C. Langevoort
Where Were The Lawyers? A Behavioral Inquiry Into Lawyers' Responsibility For Clients' Fraud, Donald C. Langevoort
Vanderbilt Law Review
Where were the lawyers? Perhaps rhetorical, even sarcastic, this question is being asked all too frequently after large financial frauds. "[W]ith all the professional talent involved," mused Judge Sporkin in a decision growing out of the Lincoln Savings & Loan scandal, "why [didn't] at least one... [blow] the whistle to stop the overreaching that took place in this case[?]" The Lincoln matter alone ensnared a number of the country's most prominent law firms," and many others have been blamed in comparable, if less notorious, banking delicts. Clark Clifford's indictment in the BCCI proceeding has extended the dark shadow even further …
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
Vanderbilt Law Review
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, …
White V. Illinois: The Confrontation Clause And The Supreme Court's Preference For Out-Of-Court Statements, Nancy H. Baughan
White V. Illinois: The Confrontation Clause And The Supreme Court's Preference For Out-Of-Court Statements, Nancy H. Baughan
Vanderbilt Law Review
The Confrontation Clause, found in the Sixth Amendment to the United States Constitution, provides criminal defendants with the right to confront adverse witnesses.' A literal interpretation of the Confrontation Clause would preclude courts from allowing the admission of all hearsay testimony. The Court has rejected this interpretation, noting that it would render meaningless every exception to the rule against hearsay. Although unwilling to hold that the Confrontation Clause mandates exclusion of all hearsay, the Court has found that the Clause requires the exclusion of some hearsay statements. The Supreme Court has struggled to define the relationship between the exceptions to …