Law Commons^™

Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Immunity Doctrines, Paul J. Heald, Michael L. Wells

Scholarly Works

Part I of this Article addresses relief available to intellectual property owners under the Takings Clause of the Fifth Amendment. Before Congress's express abrogation of state sovereign immunity in 1992, federal, state, and local governments were nonetheless potentially liable for misappropriations of intellectual property that constituted takings without just compensation. This examination of the Supreme Court's Fifth Amendment jurisprudence is also key to answering the critical question of whether federal patent, copyright, and trademark laws establish rights in “property” for the purposes of the Fourteenth Amendment, for only under section 5 of the Fourteenth Amendment may Congress abrogate a state's …

Tort Claims Against The State: Georgia's Compensation System, R. Perry Sentell Jr.

Scholarly Works

The State's immunity from liability for the torts of its officers and employees claims legendary status in American law. Indeed, immunity's history now looms as daunting as the doctrine itself. As with most epochal accounts, this history varies according to version--versions, assuredly, for many tastes. In sum, nevertheless, the offerings attest to a legal principle persisting as (at least) the point of departure in most jurisdictions. Anchored in both history and rationale, therefore, state tort immunity long dominated the law of the United States. Over time, indeed, the doctrine's durability proved unequal only to that of its critics. Those critics …

A Time For Reflection, Marc A. Fajer

University of Miami Law Review

No abstract provided.

Family Values: Prevention Of Discrimination And The Housing For Older Persons Act Of 1995, Jonathan I. Edelstein

University of Miami Law Review

No abstract provided.

Housing Segregation And Housing Integration: The Diverging Paths Of Urban America, Richard H. Sander

University of Miami Law Review

No abstract provided.

Mandates Unsatisfied: The Low Income Housing Tax Credit Program And The Civil Rights Laws, Florence Wagman Roisman

University of Miami Law Review

No abstract provided.

Race And Property Values In Entrenched Segregation, Margalynne Armstrong

University of Miami Law Review

No abstract provided.

Dicenso V. Cisneros: An Argument For Recognizing The Sanctity Of The Home In Housing Sexual Harassment Cases, Carlotta J. Ross

University of Miami Law Review

No abstract provided.

Race/Ism Lost And Found: The Fair Housing Act At Thirty, John O. Calmore

University of Miami Law Review

No abstract provided.

A Comparative Vision Of The Convergence Of Ecology, Empowerment, And The Quest For A Just Society, James A. Kushner

University of Miami Law Review

No abstract provided.

The Top Ten Intellectual Property Law Questions That Should Be Asked About Any Merger Or Acquisition, Marci A. Hamilton

Articles

No abstract provided.

Peaceful Transitions To Constitutional Democracy: Transcript Of The Proceedings

Cardozo Law Review

No abstract provided.

Richmond Law Magazine: Summer 1998

Richmond Law Magazine

Features:

Countdown to Execution

A Counselor and a Gentleman

Getting A Seat At The Table: Giving The Indigenous Peoples Of The Russian Far East Control Over Local Government, Stephen R. King

Washington International Law Journal

The traditional homelands of the indigenous peoples of Siberia and the Russian Far East harbor vast wealth in the form of timber, minerals, oil, and gas. Throughout much of the 20th Century, the Soviet Union used forced relocation of native peoples, expropriation of native lands, and other harsh means to gain access to these resources. The native peoples received little or no compensation for the vast natural wealth that the Soviet government took from their lands, and the government often left the land so polluted that it could no longer support the native people's hunting and herding ways-of-life. The Russian …

The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton

Washington International Law Journal

With the majority of its freshwater sources polluted, and the pursuant incurrence of significant economic losses, and substantial health risks, China has reached a critical stage in its water resource management. Past efforts to legislate for water quality protection, although promising in content, have been less than effective. Four modes of enforcement—administrative controls, economic incentives, legal responsibility, and campaigns—have achieved only moderate success. This Comment examines the statutory and regulatory framework for water pollution control in China and suggests that if China's water pollution controls are ever to be more than mere rhetoric, China must focus on eliminating conflicts of …

A Lesson In Ingenuity: Chinese Farmers, The State, And The Reclamation Of Farmland For Most Any Use, Kari Madrene Larson

Washington International Law Journal

Since 1978, China has achieved significant improvements in the rural sector through the adoption of the baogan daohu system, which effectively dismantled the communal farming system and created individual family farms. However, meaningful measures must be taken to ensure that farmers have continued use of their farmland and that illegal land reclamation by local govermnents is halted. Because farmers' rights are not clearly articulated and cannot be readily enforced, local governments appear to be beyond central government control. Furthermore, due to the state's right to reclaim land under any logic, farmers' rights may ultimately be nonexistent. Though developing a meaningful …

Table Of Contents - Cardozo Law Review, Volume 19, Issue 6

Cardozo Law Review

No abstract provided.

Constitution-Making, Identity Building, And Peaceful Transition To Democracy: Theoretical Reflections Inspired By The Spanish Example, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

On Problems Of Transition In Postcommunist Societies, Shlomo Avineri

Cardozo Law Review

No abstract provided.

Autopoiesis And The "Relative Autonomy" Of Law, Hugh Baxter

Cardozo Law Review

Recent accounts of the relation between law and other social spheres have emphasized law's "relative autonomy." The intuition behind the "relative autonomy" formula is that law is neither wholly independent of, nor entirely reducible to, political, economic and other social processes. Sensible as this intuition is, however, the idea of "relative autonomy" by itself remains purely negative. It excludes two unpalatable extremes-pure formalism and pure instrumentalism-but it does not by itself characterize, in positive theoretical terms, the relation between law and other social discourses or practices.

This Article examines an attempt in recent German social thought to specify theoretically the …

On The Difference In Importance Between Supreme Court Doctrine And Actual Consequences: A Review Of The Supreme Court's 1996-1997 Term, Jesse H. Choper

Cardozo Law Review

No abstract provided.

Bankruptcy Appeals And Equitable Mootness, Ross E. Elgart

Cardozo Law Review

No abstract provided.

The Gateway For Successive Habeas Petitions: An Argument For Schlup V. Delo'S Probability Standard For Actual Innocence Claims, Mark M. Oh

Cardozo Law Review

No abstract provided.

Comprehensive References And Indexes, Volume 19 (1997-1998)

Cardozo Law Review

No abstract provided.

Scholarly Restraints? Aba Accreditation And Legal Education, George B. Shepherd, William G. Shepherd

Cardozo Law Review

This Article provides an economic and legal analysis of the American Bar Association's system for accrediting law schools. For decades, the ABA has administered the system as, in economic effect, a cartel of law school faculty members. The ABA has exerted monopoly power not only over the market for legal training, but also over three related markets: the market for the hiring of law faculty, the market for legal services, and each university's internal market for funding. Despite the selfless service of many in the system, the system has created large harms, but few benefits. Existing law faculty have gained …

First In The Field: The Unique Mission And Legitimacy Of The Red Cross In A Culture Of Legality, Kenneth Anderson

Popular Media

This 1998 Times Literary Supplement essay reviews a massive history of the International Committee of the Red Cross and the Red Cross movement up through the end of the Second World War - a book which was the first to use access to ICRC archives of the Second World War.

Land Law Subsystems? Urban Vietnam As A Case Study, John Gillespie

Washington International Law Journal

Throughout Vietnam's long history, the central elite and peripheral farming communities have been legally and culturally divided. This dichotomy was never as complete as the famous injunction that "the emperor's writ stops at the village gate" infers. Initially, during the period of French colonisation and more recently since the introduction of doi moi (renovation) economic reforms, central authorities have attempted to unify land management with universal normative law. This experiment has stimulated widespread non-compliance with land laws in urban centres; in some areas compliance is a fringe phenomenon. In this divided legal geography, pockets of non-compliance give the appearance of …

Understanding Juror Decisions: The Influence Of Other Jurors' Votes, Unanimous Versus Majority Decision Rule, And Juror Gender, La Donna Flanagan James

Sociology & Criminal Justice Theses & Dissertations

Jury deliberations are secret and there is great curiosity, both among academics and the lay population, about what goes on inside the jury room. Prior research suggests that individuals are very susceptible to the social pressures of others and that this has important implications for decision-making among jury members. Research on jury decision-making also suggests the importance of the assigned decision rule and gender in jury deliberations and trial outcomes. This study used a fictional vignette clearly constructed to elicit a not guilty reaction. The impact of other jurors' votes, assigned decision rule (unanimous versus two-thirds majority), and juror gender …

Decolonising Restoration And Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …

Is There A Duty To Negotiate In Good Faith?, Michael Philip Furmston

Research Collection Yong Pung How School Of Law

One of the most interesting questions concerning modern contract lawyers is whether, and if so when, there may be a duty on parties to a contract to negotiate in good faith? This may seem an odd question for an English lawyer to raise, granted the refusal of the House of Lords in Walford v. Miles [1992] 2 A.C. 128 to recognise even the effectiveness of an agreement to negotiate in good faith but this case has not escaped cogent criticism (Neill (1992) 108 L.Q.R. 405) and it rests on an axiom (that this is a duty which cannot be enforced) …