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Articles 601 - 630 of 7679
Full-Text Articles in Law
Racial Disparity And The Death Penalty, John C. Mcadams
Racial Disparity And The Death Penalty, John C. Mcadams
Law and Contemporary Problems
McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.
The Value Of Narrative In Legal Scholarship And Teaching, Jean C. Love
The Value Of Narrative In Legal Scholarship And Teaching, Jean C. Love
Faculty Publications
Storytelling-particularly storytelling written from an "outsider's" perspective-is a new form of legal writing that appears with increasing frequency on the pages of law reviews and specialized legal journals. At the same time, critics are questioning whether storytelling deserves to be classified as a form of legal scholarship. Perhaps storytellers are to be regarded as talented and creative writers, but do they truly deserve to be called legal scholars? At first, the debate was local, arising in the context of the deliberations of appointments committees and tenure committees. Now the debate is national, and it is being conducted on the pages …
Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver
Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver
Cornell Law Faculty Publications
The problem of climate change continues to be an intractable one for policymakers. Uncertainties over the likely costs of climate change as well as over the costs of proposed remedies have hampered the formation of a consensus regarding the best course of action. The principles of tort law provide a useful means of analyzing the problem of climate change, particularly the issue of who should bear the costs associated with its effects. The two major goals of tort law (reducing the costs of accidents and corrective justice) both point towards the appropriateness of placing the costs of climate change on …
Undoing The New Deal Through The New Presidentialism, Cynthia R. Farina
Undoing The New Deal Through The New Presidentialism, Cynthia R. Farina
Cornell Law Faculty Publications
Justice Blackmun's Federal Tax Jurisprudence, Robert A. Green
Justice Blackmun's Federal Tax Jurisprudence, Robert A. Green
Cornell Law Faculty Publications
During his tenure on the Supreme Court, Justice Blackmun was widely regarded as the Court's authority on tax matters. Justice Blackmun viewed tax law not merely as a technical specialty, but as a microcosm of the legal system. His numerous tax opinions involve a wide range of issues of constitutional law, criminal law, administrative procedure, court procedure, and statutory interpretation. This Article begins by discussing two of Justice Blackmun's tax opinions involving constitutional issues. Justice Blackmun refused to create special constitutional rules for tax cases. Instead, he applied generally applicable principles, but with great sensitivity to how those principles would …
Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin
Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin
Cornell Law Faculty Publications
No abstract provided.
Death By Default: State Procedural Default Doctrine In Capital Cases, John H. Blume, Pamela A. Wilkins
Death By Default: State Procedural Default Doctrine In Capital Cases, John H. Blume, Pamela A. Wilkins
Cornell Law Faculty Publications
Before 1991, South Carolina capital defendants benefitted from lenient policies of error preservation. However, in 1991 the South Carolina Supreme Court put an end to these policies and began enforcing default rules that are more draconian than those of any other American jurisdiction with a death penalty. Furthermore, the South Carolina Supreme Court’s decisions have made it difficult for trial practitioners to discern the rules under which they must operate. Taken in combination, the strictness of the new procedural policy, the lack of clarity regarding the applicable rules, and the South Carolina Supreme Court’s often ad hoc approach to enforcing …
What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow
What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow
Faculty Scholarship
No abstract provided.
Border Wars: Haudenosaunee Lands And Federalism, Steven Paul Mcsloy
Border Wars: Haudenosaunee Lands And Federalism, Steven Paul Mcsloy
Buffalo Law Review
No abstract provided.
The Expectations Principle As A Regulative Ideal, Kenneth S. Abraham
The Expectations Principle As A Regulative Ideal, Kenneth S. Abraham
Connecticut Insurance Law Journal
No abstract provided.
Symposium Introduction, Peter Nash Swisher
Symposium Introduction, Peter Nash Swisher
Connecticut Insurance Law Journal
No abstract provided.
Reasonable Expectations Revisited, Mark C. Rahdert
Reasonable Expectations Revisited, Mark C. Rahdert
Connecticut Insurance Law Journal
No abstract provided.
The Doctrine Of Reasonable Expectations In California: A Judge’S View, H. Walter Croskey
The Doctrine Of Reasonable Expectations In California: A Judge’S View, H. Walter Croskey
Connecticut Insurance Law Journal
No abstract provided.
Why Courts Enforce Insurance Policyholders’ Objectively Reasonable Expectations Of Insurance Coverage, Eugene R. Anderson, James J. Fournier
Why Courts Enforce Insurance Policyholders’ Objectively Reasonable Expectations Of Insurance Coverage, Eugene R. Anderson, James J. Fournier
Connecticut Insurance Law Journal
No abstract provided.
Unmet Expectations: Undue Restriction On The Reasonable Expectations Approach And The Misleading Mythology Of Judicial Role, Jeffrey W. Stempel
Unmet Expectations: Undue Restriction On The Reasonable Expectations Approach And The Misleading Mythology Of Judicial Role, Jeffrey W. Stempel
Connecticut Insurance Law Journal
No abstract provided.
Recent Developments In The Law - Supreme Court
Recent Developments In The Law - Supreme Court
The Journal of Law and Education
No abstract provided.
Introduction: Accommodating Legal Education For Dwe Students: Lawful And Awful, Perry A. Zirkel
Introduction: Accommodating Legal Education For Dwe Students: Lawful And Awful, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.
Violence And The Public Schools: Student Rights Have Been Weighed In The Balance And Found Wanting, Philip T. K. Daniel
Violence And The Public Schools: Student Rights Have Been Weighed In The Balance And Found Wanting, Philip T. K. Daniel
The Journal of Law and Education
No abstract provided.
The Twenty Thousand Dollar Question - What Is A Preposition - Teacher Competency Testing And The Increasing Risk Of Failure, William S. Dolan
The Twenty Thousand Dollar Question - What Is A Preposition - Teacher Competency Testing And The Increasing Risk Of Failure, William S. Dolan
The Journal of Law and Education
No abstract provided.
The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker
The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker
William & Mary Law Review
No abstract provided.
1998 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
1998 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
Cardozo Life Magazine
Table of Contents:
Around Campus, page 3
Faculty Briefs, page 10
Telford Taylor 1908-1998, page 15
Gossip v. Public Discourse, page 20
DeGrazia & Ginsberg: A Remembrance of Their Struggle Against Censorship, page 23
An Interview with Jacques Derrida, page 30
Alumni News & Notes, page 35
Take Half An Aspirin And Call Your Hmo In The Morning-Medical Malpractice In Managed Care: Are Hmos Practicing Medicine Without A License?, Tom J. Manos
University of Miami Law Review
No abstract provided.
"Not In My Back Yard!" Restrictive Covenants As A Basis For Opposing The Construction Of Cellular Towers, Carol R. Goforth
"Not In My Back Yard!" Restrictive Covenants As A Basis For Opposing The Construction Of Cellular Towers, Carol R. Goforth
Buffalo Law Review
No abstract provided.
The Haudenosaunee Cayuga Nation Land Claim: Cayuga Nation V. New York, Clint Halftown
The Haudenosaunee Cayuga Nation Land Claim: Cayuga Nation V. New York, Clint Halftown
Buffalo Law Review
No abstract provided.
Relational Contract Theory And The Concept Of Exchange, Paul J. Gudel
Relational Contract Theory And The Concept Of Exchange, Paul J. Gudel
Buffalo Law Review
No abstract provided.
The Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, Rachel Vorspan
The Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, Rachel Vorspan
Buffalo Law Review
No abstract provided.
The Oneida Land Claim: Yesterday And Today, John Tahsuda
The Oneida Land Claim: Yesterday And Today, John Tahsuda
Buffalo Law Review
No abstract provided.