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Articles 5461 - 5490 of 7680
Full-Text Articles in Law
The Crisis In The Ideology Of Crime, John L. Diamond
The Crisis In The Ideology Of Crime, John L. Diamond
Faculty Scholarship
No abstract provided.
Extraterritoriality And Conflict-Of-Laws Theory: An Argument For Judicial Unilateralism, William S. Dodge
Extraterritoriality And Conflict-Of-Laws Theory: An Argument For Judicial Unilateralism, William S. Dodge
Faculty Scholarship
No abstract provided.
Truth, With A Small "T", David L. Faigman
On The Interface Between Labor And Employment Law, Joseph R. Grodin
On The Interface Between Labor And Employment Law, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Evan Tsen Lee, Ashutosh Bhagwat
The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Evan Tsen Lee, Ashutosh Bhagwat
Faculty Scholarship
No abstract provided.
The Puzzling Persistence Of Pleading Practice, Richard L. Marcus
The Puzzling Persistence Of Pleading Practice, Richard L. Marcus
Faculty Scholarship
No abstract provided.
The Issue Of European Civil Codification And Legal Scholarship: Biases, Strategies And Developments, Ugo Mattei
The Issue Of European Civil Codification And Legal Scholarship: Biases, Strategies And Developments, Ugo Mattei
Faculty Scholarship
No abstract provided.
Introduction, Ugo Mattei
An Opportunity Not To Be Missed: The Future Of Comparative Law In The United States, Ugo Mattei
An Opportunity Not To Be Missed: The Future Of Comparative Law In The United States, Ugo Mattei
Faculty Scholarship
No abstract provided.
The Functions Of Trust Law: A Comparative Legal And Economic Analysis, Ugo Mattei
The Functions Of Trust Law: A Comparative Legal And Economic Analysis, Ugo Mattei
Faculty Scholarship
No abstract provided.
The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall
The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall
Faculty Scholarship
No abstract provided.
In Re Fauziya Kasinga: Brief For The Respondent, Karen Musalo
In Re Fauziya Kasinga: Brief For The Respondent, Karen Musalo
Faculty Scholarship
No abstract provided.
Hearsay, Dead Or Alive?, Roger C. Park
The Geopolitical Constitution: Executive Expediency And Executive Agreements, Joel R. Paul
The Geopolitical Constitution: Executive Expediency And Executive Agreements, Joel R. Paul
Faculty Scholarship
No abstract provided.
Reconceiving Privacy: Relationships And Reproductive Technology, Radhika Rao
Reconceiving Privacy: Relationships And Reproductive Technology, Radhika Rao
Faculty Scholarship
No abstract provided.
The Foreign Sovereign Immunities Act And Human Rights Violations: One Step Forward, Two Steps Back?, Naomi Roht-Arriaza
The Foreign Sovereign Immunities Act And Human Rights Violations: One Step Forward, Two Steps Back?, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
Playing Beyond The Rules: A Realist And Rhetoric-Based Approach To Researching The Law And Solving Legal Problems, Thomas Michael Mcdonnell
Playing Beyond The Rules: A Realist And Rhetoric-Based Approach To Researching The Law And Solving Legal Problems, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
The proposed realist and rhetorical approach to legal research applies to every conceivable legal problem and provides the student a conceptual foundation not only for solving any legal dispute, but for successfully completing any transactions with which he or she will be confronted. Part I of this article will demonstrate why law students should learn to research the relevant audiences in the legal drama and to research the unpublished and often unwritten rules and practices that these audiences follow. Part II will show how. Part III will present a comprehensive legal problem solving model that integrates these new dimensions of …
Toward Understanding Global Governance: The International Law And International Relations Toolbox, Charlotte Ku, Thomas George Weiss
Toward Understanding Global Governance: The International Law And International Relations Toolbox, Charlotte Ku, Thomas George Weiss
Faculty Scholarship
No abstract provided.
Judicial Opinions Involving Health Insurance Coverage: Trompe L'Oeil Or Window On The World?, William M. Sage
Judicial Opinions Involving Health Insurance Coverage: Trompe L'Oeil Or Window On The World?, William M. Sage
Faculty Scholarship
This essay offers a few thoughts about using judicial decisions as the dataset for research into health insurance coverage. Part I offers a general overview of insurance coverage law. Part II considers why students of health insurance coverage gravitate toward studying published opinions. Part III then discusses what is wrong with the approach, and suggests alternatives. Finally, Part IV turns to what may be right with the approach, concluding that judicial opinions in coverage litigation may reveal the functionality (or dysfunctionality) of the coverage process in managed care. Although the basic critique which the essay presents applies to areas other …
Miners, Vigilantes & Cattlemen: Overcoming Free Rider Problems In The Private Provision Of Law, Andrew P. Morriss
Miners, Vigilantes & Cattlemen: Overcoming Free Rider Problems In The Private Provision Of Law, Andrew P. Morriss
Faculty Scholarship
Law is a good like food, insurance, or housing. Like other goods, it can and often should be provided by private entities. Yet law is usually regarded as the quintessential public good, so obviously public in nature that we need not even discuss its provision by anyone but the State. As Bruce Benson observed "[a]nyone who would even question the 'fact' that law and order are necessary functions of government is likely to be considered a ridiculous, uninformed radical by most observers." Even William Landes and Richard Posner, hardly apologists for the State, have concluded that law often must be …
Private Bar Monitors Public Defense: Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard
Private Bar Monitors Public Defense: Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Strawhorsemen Of The Apocalypse: Relativism And The Historian As Expert Witness, Reuel E. Schiller
The Strawhorsemen Of The Apocalypse: Relativism And The Historian As Expert Witness, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
Original Sin And The Transaction In Federal Civil Procedure, Mary Kay Kane
Original Sin And The Transaction In Federal Civil Procedure, Mary Kay Kane
Faculty Scholarship
No abstract provided.
An Open Courtroom: Should Cameras Be Permitted In New York State Courts?, Jay C. Carlisle
An Open Courtroom: Should Cameras Be Permitted In New York State Courts?, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
On June 30, 1997, the State of New York became one of the nation's few states which does not permit audio-visual coverage of court proceedings. There are several potent arguments in the determination of whether cameras should be permitted in courtroom proceedings. This article will briefly summarize the history of the use of cameras in New York State courts, and then, set out the arguments for and against their use in the state's judicial system. The article is prompted by the book entitled “An Open Courtroom: Cameras in New York Courts” which was published in 1997 by the New York …
Checkpoints On The Conversion Highway: Some Trouble Spots In The Conversion Of Nonprofit Health Care Organizations To For-Profit Status, James J. Fishman
Checkpoints On The Conversion Highway: Some Trouble Spots In The Conversion Of Nonprofit Health Care Organizations To For-Profit Status, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This essay does not address the truly important policy issues: whether for-profit healthcare should be allowed or encouraged; how the quality of care compares to nonprofits or what criteria should be used to evaluate the quality of care; or what the impact of these conversions is on the communities they serve. It discusses less significant issues: those of process—how can we shape and control this tidal wave of change so that the public will be served and charitable assets preserved to the maximum extent possible? The focus is upon the valuation of these charitable assets; the appropriate process of conversion; …
Mental Culpability And Prosecutorial Misconduct, Bennett L. Gershman
Mental Culpability And Prosecutorial Misconduct, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This Article argues that a prosecutor's intent is always relevant to the courts' analysis of misconduct, and that the courts should always consider a prosecutor's intent in determining whether a rule was violated and whether the verdict was prejudiced. Part II of this Article examines the use of the objective test to analyze a prosecutor's trial conduct. Part II offers several reasons courts give for avoiding inquiry into a prosecutor's mental culpability, analyzes those reasons, and concludes that although the application of an objective test is sufficient to correct misconduct in some instances, it does not foreclose application of a …
Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers
Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers
Elisabeth Haub School of Law Faculty Publications
The purpose of this article is to examine the legal adequacy of proposals now under consideration for a nitrogen trading program on Long Island Sound, and to assess the likelihood of success in light of the experience with other trading programs, both for water and air pollution. Part I outlines the current environmental condition of Long Island Sound and explains the factors which have led proponents of trading to believe such a program could be effective. In Part II we consider the essential elements of a trading program, and the lessons to be learned from the Clean Air Act programs. …
The Balanced Budget Amendment And Social Security: An Alternative Means Of Judicial Enforcement, Lior Jacob Strahilevitz
The Balanced Budget Amendment And Social Security: An Alternative Means Of Judicial Enforcement, Lior Jacob Strahilevitz
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Agenda: The Practice Of Law As A Vocation Or Calling: Group #3
Agenda: The Practice Of Law As A Vocation Or Calling: Group #3
Fordham Law Review
No abstract provided.
Report Of Working Group #4, Sarice Retrey