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1998

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Articles 6211 - 6240 of 7679

Full-Text Articles in Law

"Experimental Treatment": Legislating Against Unfair Denials, Elaine Reckner Sammon Jan 1998

"Experimental Treatment": Legislating Against Unfair Denials, Elaine Reckner Sammon

Hofstra Law Review

No abstract provided.

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Attorneys As Gatekeepers To The Court: The Potential Liability Of Attorneys Bringing Suits Based On Recovered Memories Of Childhood Sexual Abuse, Cynthia Grant Bowman, Elizabeth Mertz Jan 1998

Attorneys As Gatekeepers To The Court: The Potential Liability Of Attorneys Bringing Suits Based On Recovered Memories Of Childhood Sexual Abuse, Cynthia Grant Bowman, Elizabeth Mertz

Hofstra Law Review

This Article examines the appropriate role of attorneys as gate­ keepers to the courts in suits involving recovered memories of child­ hood sexual abuse. Lawsuits brought by adults claiming that they had been sexually abused during childhood, but had forgotten the abuse until it emerged sometime later, are a relatively recent phenomenon. They surfaced only after the "discovery" of childhood sexual abuse and its construction as a social problem in the 1970s and 1980s and became feasible only when the legal system responded by extending the statutes of limitations applicable to such cases. Although many highly­ publicized cases have involved …

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The Cassandra Complex: An Employer's Dilemma In The Genetic Workplace, Joanne Seltzer Jan 1998

The Cassandra Complex: An Employer's Dilemma In The Genetic Workplace, Joanne Seltzer

Hofstra Law Review

No abstract provided.

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Lobbying And The American Law Institute: The Example Of Insurance Defense, William T. Barker Jan 1998

Lobbying And The American Law Institute: The Example Of Insurance Defense, William T. Barker

Hofstra Law Review

No abstract provided.

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Leave Your Clients At The Door, Lawrence J. Fox Jan 1998

Leave Your Clients At The Door, Lawrence J. Fox

Hofstra Law Review

No abstract provided.

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The American Law Institute, 1923-1998, John P. Frank Jan 1998

The American Law Institute, 1923-1998, John P. Frank

Hofstra Law Review

No abstract provided.

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Caveat Lector: Conflicts Of Interest Of Ali Members In Drafting The Restatements, Monroe H. Freedman Jan 1998

Caveat Lector: Conflicts Of Interest Of Ali Members In Drafting The Restatements, Monroe H. Freedman

Hofstra Law Review

The American Law Institute's reputation for impartial judgment in formulating Restatements of the Law has been compromised by conflicts of interest on the part of ALI members who vote on Restatement provisions. That is, there is a significant risk that the independent professional judgment of ALI members has been materially and adversely affected by the interests of members' clients and by the members' own interests. As a result, no judge, scholar, or student can rely on a Restatement rule or comment as representing the objective judgment of ALI members, unaffected by the partisanship of advocates who are creating precedents to …

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The Lost World: Of Politics And Getting The Law Right, Charles Silver Jan 1998

The Lost World: Of Politics And Getting The Law Right, Charles Silver

Hofstra Law Review

No abstract provided.

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The Restatement Of The Law Governing Lawyers: A View From The Trenches, Lawrence J. Latto Jan 1998

The Restatement Of The Law Governing Lawyers: A View From The Trenches, Lawrence J. Latto

Hofstra Law Review

No abstract provided.

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Separatism And The Democratic Entitlement In International Law, Mortimer N.S. Sellers Jan 1998

Separatism And The Democratic Entitlement In International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

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Indian Reserved Water Rights In The Dual System State Of Oklahoma, Taiawagi Helton Jan 1998

Indian Reserved Water Rights In The Dual System State Of Oklahoma, Taiawagi Helton

Faculty Articles

No abstract provided.

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Economic And Monetary Union In Europe: Legal Implications Of The Arrival Of The Single Currency, Werner Van Lembergen, Margaret G. Wachenfeld Jan 1998

Economic And Monetary Union In Europe: Legal Implications Of The Arrival Of The Single Currency, Werner Van Lembergen, Margaret G. Wachenfeld

Fordham International Law Journal

Part I of this Article presents an overview of EMU, addressing first the Member States that will participate in EMU from the outset and how they were chosen, as well as the new institutions that will guide and support EMU. This Article will then focus on the EU regulations that provide the legal framework for EMU, analyzing issues in the regulations of particular legal interest. This structural discussion will also describe what Participating Members States must achieve to ensure that EMU stays on track and how EU institutions will supervise their performance. Part I closes with a brief look at …

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You Cannot Fight What You Cannot See: Securities Regulation On The Internet, David M. Cielusniak Jan 1998

You Cannot Fight What You Cannot See: Securities Regulation On The Internet, David M. Cielusniak

Fordham International Law Journal

This Note suggests that the more effective resolution to regulating securities on the Internet is to look to the global nature of the medium itself and to establish an international body of law that is both uniformly understood and implemented. Part I of this Note provides background to Internet transactions and describes the traditional methods for security regulation and problems of securities fraud on the internet. Part II discusses the approaches that securities regulators are taking regarding securities fraud on the internet. Part III describes the application of conventional methods of securities regulation to Internet transactions and argues that such …

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The "Power Of Appraisal" (Pouvoir D'Appreciation) Of The Commission Of The European Communities Vis-À-Vis The Powers Of Judicial Review Of The Communities' Court Of Justice And Court Of First Instance, Virpi Tiili, Jan Vanhamme Jan 1998

The "Power Of Appraisal" (Pouvoir D'Appreciation) Of The Commission Of The European Communities Vis-À-Vis The Powers Of Judicial Review Of The Communities' Court Of Justice And Court Of First Instance, Virpi Tiili, Jan Vanhamme

Fordham International Law Journal

It is, therefore, clear that the Courts must test the soundness of the Commission's appraisals. This means, however, that judges are obliged to examine the administrative file, thereby inevitably bringing themselves intellectually close to building their own bridge from the facts, via the legal framework of the case, to a legal outcome in casu. In some instances, it may prove almost impossible to disguise the conflict between the Court’s and the Commission's assessments in the judgment, especially if annulment or damages is the outcome of the case. It is in this regard that an appropriate balance must be found between …

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Ireland--The Healing Process, John Hume Jan 1998

Ireland--The Healing Process, John Hume

Fordham International Law Journal

As you are aware, the quarrel on our island has gone on for several centuries. Looking at the example of the conflict in Ireland, there are two mentalities in our quarrel - the Nationalist and the Unionist. The real political challenge to the Unionist mindset occurred when Nationalist Ireland essentially said: "Look, your objective is an honorable objective, the protection and preservation of your identity." Geography, history, and the size of the Unionist tradition guarantee that the problem cannot be solved without them, nor against them. If we can leave aside our quarrel while we work together in our common …

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Counteract: Working For Change, Billy Robinson, Stevie Nolan Jan 1998

Counteract: Working For Change, Billy Robinson, Stevie Nolan

Fordham International Law Journal

This article discusses Counteract, an anti-intimidation unit, that was formed in 1990 with the sponsorship and support of the Irish Congress of Trade Unions. Their aims are to develop actions, policies, and strategies to alleviate the incidence of sectarianism and intimidation in the workplace and the community. The article discusses how their work affects North Ireland, as it tries to become an increasingly pluralistic society.

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The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan Jan 1998

The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan

Fordham International Law Journal

This Comment considers the Northern Ireland Criminal Cases Review Commission (CCRC), its establishment, and its likely effects on miscarriages of justice. Part I of this Comment considers British and Northern Irish law. Part I also highlights British law leading up to the creation of the CCRC and Northern Irish law in light of its unique elements. Part II explains the establishment of the CCRC, its powers, and structure. Additionally, Part II discusses various commentary on the creation of the CCRC. Part III analyzes the future effectiveness of the CCRC in correcting miscarriages of justice, paying particular attention to the case …

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Transfer Of Technology In The Contemporary International Order, Chantal Thomas Jan 1998

Transfer Of Technology In The Contemporary International Order, Chantal Thomas

Fordham International Law Journal

This Essay begins by describing the technology transfer needs arising from both international economic integration and related international law. The Essay then examines the existing international rules for technology transfer and finds them insufficient to address these needs. The goal of this Essay is to advocate the formulation of a viable international legal framework for technology transfer.

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The Nature Of The Agreement, Brendan O'Leary Jan 1998

The Nature Of The Agreement, Brendan O'Leary

Fordham International Law Journal

This article contains the Ninth John Whyte Memorial Lecture which discusses the Multi-Party Negotiations, also known as the British-Irish agreement, which aimed to formalize the end of “The Troubles” in Ireland.

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How Would You Like Your Television: With Or Without Borders And With Or Without Culture--A New Approach To Media Regulation In The European Union, Kevin M. Mcdonald Jan 1998

How Would You Like Your Television: With Or Without Borders And With Or Without Culture--A New Approach To Media Regulation In The European Union, Kevin M. Mcdonald

Fordham International Law Journal

This Essay analyzes the effectiveness of television broadcasting regulations as a means to effectuate the promotion and protection of a pan-European culture, namely, television broadcasting regulations. First, in Part I, this Essay considers the broader background developments in the audio-visual sector that led to the passing of the Directive. Part II looks at the advantages and disadvantages of the most controversial aspect of the Directive, namely, the quota provisions. Part III critiques the Directive's effectiveness in realizing its dual goals of both protecting and promoting a pan-European culture. Finally, Part IV compares the goals enunciated in the Federal Communications Act …

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Prospects For Justice: The Procedural Aspect Of The Right To Life Under The European Convention On Human Rights And Its Applications To Investigations Of Northern Ireland's Bloody Sunday, Kara E. Irwin Jan 1998

Prospects For Justice: The Procedural Aspect Of The Right To Life Under The European Convention On Human Rights And Its Applications To Investigations Of Northern Ireland's Bloody Sunday, Kara E. Irwin

Fordham International Law Journal

This Comment examines how the new doctrine of the procedural aspect of Article 2 of the European Convention can provide recourse for the travesty of justice inherent in failed investigations of alleged violations of the right to life, such as the contended failure of the Widgery Tribunal's investigation of Bloody Sunday in Northern Ireland.

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Book Review, The Chemical Weapons Taboo, Barry Kellman Jan 1998

Book Review, The Chemical Weapons Taboo, Barry Kellman

College of Law Faculty

No abstract provided.

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Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, M. Bassiouni Jan 1998

Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, M. Bassiouni

College of Law Faculty

No abstract provided.

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Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, M. Bassiouni Jan 1998

Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, M. Bassiouni

College of Law Faculty

No abstract provided.

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"We The People" And Our Enduring Values, Susan Bandes Jan 1998

"We The People" And Our Enduring Values, Susan Bandes

College of Law Faculty

No abstract provided.

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Judicial Influence: A Citation Analysis Of Federal Courts Of Appeals Judges, Michael E. Solimine, William M. Landes, Lawrence Lessig Jan 1998

Judicial Influence: A Citation Analysis Of Federal Courts Of Appeals Judges, Michael E. Solimine, William M. Landes, Lawrence Lessig

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

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When Is The New York Court Of Appeals Justified In Deviating From Federal Constitutional Interpretation?, Honorable Richard D. Simons Jan 1998

When Is The New York Court Of Appeals Justified In Deviating From Federal Constitutional Interpretation?, Honorable Richard D. Simons

Touro Law Review

No abstract provided.

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Arbitration: Time Limits And Continuing Violations, Richard I. Bloch Jan 1998

Arbitration: Time Limits And Continuing Violations, Richard I. Bloch

Michigan Law Review

Time limits in a collective bargaining agreement, particularly as they apply to the grievance procedure, are very important. Filing or processing deadlines are taken as seriously in the context of these private documents and negotiated time limits as they are in the world of standard litigation, with deadlines that are imposed statutorily or otherwise. Management advocates often view the time limitation provisions as virtually the only thing employers gain, as opposed to give, in the bargaining relationship. Deadlines have been strictly, if reluctantly, construed by most arbitrators. The "continuing violation" provides a meaningful exception to the otherwise immutable time bar. …

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Productivity Adjustments And Learning-By-Doing As Human Capital, James Bessen Jan 1998

Productivity Adjustments And Learning-By-Doing As Human Capital, James Bessen

Faculty Scholarship

This paper measures plant-level productivity gains associated with learning curves across the entire manufacturing sector. We measure these gains at plant startups and also after major employment changes. We find: 1) The gains are strongly associated with a variety of human capital measures implying that learning-by-doing is largely a firm-specific human capital investment. 2) This implicit investment is large; many plants invest as much in learning-by-doing as they invest in physical capital and much more than they invest in formal job training. 3) This investment differs persistently over industries and is higher with greater R&D. 4) Consistent with a learning-by-doing …

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International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood Jan 1998

International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood

All Faculty Publications

Nine years ago, Kenneth Abbott published an article exhorting international lawyers to read and master regime theory, arguing that it had multiple uses for the study of international law. 1 He went as far as to call for a "joint discipline" that would bridge the gap between international relations theory (IR) and international law (IL). Several years later, one of us followed suit with an article mapping the history of the two fields and setting forth an agenda forjoint research. 2 Since then, political scientists and international lawyers have been reading and drawing on one another's work with increasing frequency …

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