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Articles 1 - 30 of 33
Full-Text Articles in Law
Judgment At The Hague, Ruti Teitel
Administrative Rulemaking (Testimony), David Schoenbrod
Administrative Rulemaking (Testimony), David Schoenbrod
Other Publications
This post originally appeared on https://www.cato.org/publications/congressional-testimony/administrative-rulemaking
Is It More Than Dodging Lions And Wastin' Time: Adequacy Of Counsel, Questions Of Competence, And The Judicial Process In Individual Right To Refuse Treatment Cases, Michael L. Perlin, Deborah Dorfman
Is It More Than Dodging Lions And Wastin' Time: Adequacy Of Counsel, Questions Of Competence, And The Judicial Process In Individual Right To Refuse Treatment Cases, Michael L. Perlin, Deborah Dorfman
Articles & Chapters
This article argues that, if the MacArthur Treatment Competence Study (e.g., P. S. Appelbaum and T. Grisso, Grisso et al, and Grisso and Appelbaum; see records 82:39258, 82:35494, and 82:37814, respectively) is to be meaningfully operationalized, it is necessary to consider the ways that counsel is provided in individual cases to institutionalized individuals wishing to assert the right to refuse antipsychotic drug treatment. It looks at the role of counsel in individual right to refuse cases, examines the ways that counsel is assigned in 3 states, and considers the underlying questions through the filters of "sanism" and "pretextuality." It concludes …
Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait
Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Swearing In Ceremony: Investiture Of Beth Cozzolino As District Attorney Of Columbia County, Roger J. Miner '56
Swearing In Ceremony: Investiture Of Beth Cozzolino As District Attorney Of Columbia County, Roger J. Miner '56
Induction Ceremonies and Investitures
No abstract provided.
Success At The Bar, Roger J. Miner '56
Toastmaster's Remarks: 1996 Second Circuit Judicial Conference, Roger J. Miner '56
Toastmaster's Remarks: 1996 Second Circuit Judicial Conference, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
Book Review Of Problems And Process: International Law And How We Use It, By Rosalyn Higgins, Lung-Chu Chen
Book Review Of Problems And Process: International Law And How We Use It, By Rosalyn Higgins, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Reforming The Requirements For Due Execution Of Wills: Some Guidance From The Past, Lloyd Bonfield
Reforming The Requirements For Due Execution Of Wills: Some Guidance From The Past, Lloyd Bonfield
Articles & Chapters
The recent revision of the Uniform Probate Code (1990) accepted the "dispensing power" with respect to will execution, revocation, revival, and alteration. Under section 2-503, a will that has not been executed in conformity with the formalities of will execution should nevertheless be admitted to probate if the probate court finds "by clear and convincing evidence" that the decedent intended the document to stand as a will This Article reviews the literature supporting the change in wills acts and examines cases that have considered applying remedies for defectively executed wills. It is argued by the proponents of the dispensing power …
Legislatures, Courts And The Sec: Reflections On Silence And Power In Corporate And Securities Law, Faith Stevelman
Legislatures, Courts And The Sec: Reflections On Silence And Power In Corporate And Securities Law, Faith Stevelman
Articles & Chapters
No abstract provided.
The New Activist Court, Donald H. Zeigler
The Kiddie Tax: A Nuisance Solution To A Nonexistent Problem (Special Tax Symposium), Richard C.E. Beck
The Kiddie Tax: A Nuisance Solution To A Nonexistent Problem (Special Tax Symposium), Richard C.E. Beck
Articles & Chapters
No abstract provided.
Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen
Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen
Articles & Chapters
No abstract provided.
Introduction, Arthur S. Leonard
No Direction Home: The Law And Criminal Defendants With Mental Disabilities, Michael L. Perlin
No Direction Home: The Law And Criminal Defendants With Mental Disabilities, Michael L. Perlin
Articles & Chapters
No abstract provided.
The Executioner’S Face Is Always Well-Hidden: The Role Of Counsel And The Courts In Determining Who Dies, Michael L. Perlin
The Executioner’S Face Is Always Well-Hidden: The Role Of Counsel And The Courts In Determining Who Dies, Michael L. Perlin
Articles & Chapters
No abstract provided.
Eulogy: Hamilton Fish, Jr., Roger J. Miner '56
Eulogy: Hamilton Fish, Jr., Roger J. Miner '56
Memorials and Eulogies
No abstract provided.
Fooling All Of The People Some Of The Time: 1990s Welfare Reform And The Exploitation Of American Values, Kathleen Kost, Frank W. Munger
Fooling All Of The People Some Of The Time: 1990s Welfare Reform And The Exploitation Of American Values, Kathleen Kost, Frank W. Munger
Articles & Chapters
No abstract provided.
Rights, Remembrance And The Reconciliation Of Difference, David Engel, Frank W. Munger
Rights, Remembrance And The Reconciliation Of Difference, David Engel, Frank W. Munger
Articles & Chapters
Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the, and the personal histories of two individuals who might potentially invoke or benefit from such rights. Tracing the life stories of "Sara Lane" and 'Jill Golding" from childhood through adolescence to adulthood and employment, we relate the everyday relevance or irrelevance of law …
Law And Inequality: Race, Gender…And, Of Course, Class, Carroll Serron, Frank W. Munger
Law And Inequality: Race, Gender…And, Of Course, Class, Carroll Serron, Frank W. Munger
Articles & Chapters
This chapter discusses the concept of class in an important subfield, the sociology of law. Class, a pivotal institution of society, was central to the earliest studies of legal institutions and of law and inequality in particular. More recently, class has played a less important role. This chapter argues for the continuing importance of class and provides examples of its potential use in contemporary sociolegal research. The first part reviews early work that employed class and instrumental models of the state. Grounded, anti-formal models of law provided a contrasting view. Following wider trends in the discipline, sociology of law turned …
Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Haas
Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Haas
Articles & Chapters
No abstract provided.
On The Road To Ruin, Ross Sandler
Book Review Of American Legal Realism And Empirical Social Science, By John Henry Schlegel, Edward A. Purcell Jr.
Book Review Of American Legal Realism And Empirical Social Science, By John Henry Schlegel, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Comparing The Concepts Of ‘Property’ And ‘Value’ In Real Estate Law And Real Property Taxation, Gerald Korngold
Comparing The Concepts Of ‘Property’ And ‘Value’ In Real Estate Law And Real Property Taxation, Gerald Korngold
Articles & Chapters
This article first explores property law 's model for addressing split ownership of land so that its relevance to real estate taxation can be examined. It then discusses the public policies and pragmatic concerns that influence the judicial definitions of "property" and "value" in real estate taxation. Finally, four areas, of property law are examined that raise questions of "property" and land "value" that are analogous to those in real estate taxation. Each of these four areas of property law teaches an important lesson about the comparative meanings of "property" and "value."
Seller’S Damages From A Defaulting Buyer Of Realty: The Influence Of The Uniform Land Transactions Act On The Courts, Gerald Korngold
Seller’S Damages From A Defaulting Buyer Of Realty: The Influence Of The Uniform Land Transactions Act On The Courts, Gerald Korngold
Articles & Chapters
No abstract provided.
Foreword: Law, Culture, Education, And Politics, Faith Stevelman
Foreword: Law, Culture, Education, And Politics, Faith Stevelman
Articles & Chapters
No abstract provided.
Politics And The Rehnquist Court, James F. Simon
Politics And The Rehnquist Court, James F. Simon
Articles & Chapters
No abstract provided.
Loan Repayment Assistance Programs For Public-Interest Lawyers: Why Does Everyone Think They Are Taxable?, Richard C.E. Beck
Loan Repayment Assistance Programs For Public-Interest Lawyers: Why Does Everyone Think They Are Taxable?, Richard C.E. Beck
Articles & Chapters
No abstract provided.
Contractual Bankruptcy Waivers: Reconciling Theory, Practice, And Law, Marshall E. Tracht
Contractual Bankruptcy Waivers: Reconciling Theory, Practice, And Law, Marshall E. Tracht
Articles & Chapters
No abstract provided.
The New Community Reinvestment Act Regulations: An Attempt To Implement Performance-Based Standards, Richard D. Marsico
The New Community Reinvestment Act Regulations: An Attempt To Implement Performance-Based Standards, Richard D. Marsico
Articles & Chapters
On May 4, 1995, the federal banking regulatory agencies published new Community Reinvestment Act (CRA) regulations.' This culminated a process that began nearly two years earlier, in July 1993, when President Clinton called on the agencies to reform the CRA enforcement regime. The goal was to institute a regulatory scheme that emphasized lending performance over process, that was more objective and less subject to arbitrary interpretation, and that reduced unnecessary paperwork.2 With this presidential mandate, the agencies commenced a 21-month odyssey that included seven hearings around the country with more than 250 witnesses, two sets of proposed revisions to the …