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1998

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Articles 6781 - 6810 of 7679

Full-Text Articles in Law

The Discernment Of (The Law Student's) Vocation In Law, David L. Gregory Jan 1998

The Discernment Of (The Law Student's) Vocation In Law, David L. Gregory

Fordham Law Review

No abstract provided.


The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School, Steven H. Hobbs Jan 1998

The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School, Steven H. Hobbs

Fordham Law Review

No abstract provided.


The Immutability Of Faith And The Necessity Of Action, Randy Lee Jan 1998

The Immutability Of Faith And The Necessity Of Action, Randy Lee

Fordham Law Review

No abstract provided.


Indigenous Ethics And Alien Laws: Native Traditions And The United States Legal System, Mark A. Michaels Jan 1998

Indigenous Ethics And Alien Laws: Native Traditions And The United States Legal System, Mark A. Michaels

Fordham Law Review

No abstract provided.


Agenda: The Religious Lawyer In A Religiously Pluralist Society: Group #1 Jan 1998

Agenda: The Religious Lawyer In A Religiously Pluralist Society: Group #1

Fordham Law Review

No abstract provided.


Report Of Working Group #2, Jeanmarie K. Grubert Jan 1998

Report Of Working Group #2, Jeanmarie K. Grubert

Fordham Law Review

No abstract provided.


Agenda: Religious Perspectives On The Rule Of Law: Group #2 Jan 1998

Agenda: Religious Perspectives On The Rule Of Law: Group #2

Fordham Law Review

No abstract provided.


Agenda: Pro Bono And Service Obligations: Group #7 Jan 1998

Agenda: Pro Bono And Service Obligations: Group #7

Fordham Law Review

No abstract provided.


Agenda: Religious Symbols In The Legal Workplace And Courtroom: Group #8 Jan 1998

Agenda: Religious Symbols In The Legal Workplace And Courtroom: Group #8

Fordham Law Review

No abstract provided.


Report Of Working Group #7, S. Chris Church Jan 1998

Report Of Working Group #7, S. Chris Church

Fordham Law Review

No abstract provided.


Bibliography: Selected Bibliography: Religion And Lawyering Jan 1998

Bibliography: Selected Bibliography: Religion And Lawyering

Fordham Law Review

No abstract provided.


Philip D. Reed Professorship In Civil Justice And Dispute Resolution, Roundtable Discussion, The Future Of Class Actions In Mass Tort Cases Jan 1998

Philip D. Reed Professorship In Civil Justice And Dispute Resolution, Roundtable Discussion, The Future Of Class Actions In Mass Tort Cases

Fordham Law Review

The Roundtable Discussion was held on September 25, 1997 at Fordham University School of Law


Harmonization Of Securities Disclosure Rules In The Global Market - A Proposal , Uri Geiger Jan 1998

Harmonization Of Securities Disclosure Rules In The Global Market - A Proposal , Uri Geiger

Fordham Law Review

No abstract provided.


Continuity For Transatlantic Commercial Contracts After The Introduction Of The Euro, Rebecca H. Marek Jan 1998

Continuity For Transatlantic Commercial Contracts After The Introduction Of The Euro, Rebecca H. Marek

Fordham Law Review

No abstract provided.


Our Administrative System Of Criminal Justice, Gerard E. Lynch Jan 1998

Our Administrative System Of Criminal Justice, Gerard E. Lynch

Fordham Law Review

In Honor of William M. Tendy. Bill Tendy was already a legend among federal prosecutors when I first served as an Assistant United States Attorney for the Southern District of New York in the early 1980s. To us youngsters, Bill even then seemed a survivor from another era, when prosecutors really did resemble the tough-talking Hollywood DAs played by actors like Brian Donleavy - while we felt more like insecure young lawyers who should be played by Michael J. Fox or Calista Flockhart. Partly, of course, this was just a function of age and experience; hard as it was to …


The Vestigial Constitution: The History And Significance Of The Right To Petition., Gregory A. Mark Jan 1998

The Vestigial Constitution: The History And Significance Of The Right To Petition., Gregory A. Mark

Fordham Law Review

No abstract provided.


Will Jewish Prisoners Be Boerne Again? Legislative Responses To City Of Boerne V. Flores, Yehuda M. Braunstein Jan 1998

Will Jewish Prisoners Be Boerne Again? Legislative Responses To City Of Boerne V. Flores, Yehuda M. Braunstein

Fordham Law Review

No abstract provided.


The Constitutionality Of Covenant Marriage Laws, Melissa Lawton Jan 1998

The Constitutionality Of Covenant Marriage Laws, Melissa Lawton

Fordham Law Review

No abstract provided.


Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis Jan 1998

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Fordham Law Review

No abstract provided.


Family Values And The Bankruptcy Code: A Proposal To Eliminate Bankruptcy Benefits Awarded On The Basis Of Marital Status, A. Mechele Dickerson Jan 1998

Family Values And The Bankruptcy Code: A Proposal To Eliminate Bankruptcy Benefits Awarded On The Basis Of Marital Status, A. Mechele Dickerson

Fordham Law Review

No abstract provided.


Workfare Wages Under The Fair Labor Standards Act, Walter M. Luers Jan 1998

Workfare Wages Under The Fair Labor Standards Act, Walter M. Luers

Fordham Law Review

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Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins Jan 1998

Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The history of tribal-state political relations has been contentious from the beginning of the republic. As a result of these tensions, the relationship of tribal nations and the federal government was federalized when the U.S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forever disclaim jurisdiction over Indian property and persons. This article analyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian Country, examines the key issues in which disclaimers continue to carry significant weight, …


The Indigenous Peoples Of The Usa: Issues And Challenges Of Native Americans, David E. Wilkins Jan 1998

The Indigenous Peoples Of The Usa: Issues And Challenges Of Native Americans, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Vine Deloria, Jr., the most important Indian chronicler of indigenous political, legal, and religious experience in the U.S. in the last thirty years, noted recently that Indian life, particularly the experience of reservation-based tribal peoples, "has only the slightest resemblance to the conditions of three decades ago, and the current situation has elements of hope and portents of disaster." This observation is even more realistic as we sit at the dawn of the new millennium. The 560 indigenous polities in the U.S.—374 Indian nations, tribes, bands, communities, and Pueblos in the lower 48 states; 226 are Alaska Native villages and …


Will Tribes Ever Be Able To "Trust" Their Federal Trustee?, David E. Wilkins Jan 1998

Will Tribes Ever Be Able To "Trust" Their Federal Trustee?, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

It is widely reported that the federal government has a trust relationship with the Indian peoples of this land, one of the many distinctive features of the indigenous/federal relationship. Despite the importance of this concept, legal and political commentators and, surprisingly, federal policy makers have radically conflicting definitions of what the trust relationship actually means.


Religion And The Public Square: Making Democracy Safe For Religious Minorities, Suzanna Sherry Jan 1998

Religion And The Public Square: Making Democracy Safe For Religious Minorities, Suzanna Sherry

Vanderbilt Law School Faculty Publications

In 1995, Judge Richard Posner ruled that the state of Illinois could not celebrate Good Friday as a statewide holiday for the public schools.' Closing all Illinois public schools on Good Friday, Posner declared, violated the Establishment Clause of the Constitution by "plac[ing] the support of the state behind a wholly sectarian holiday." The Ninth Circuit has disagreed, upholding Good Friday as a state holiday in Hawaii. Federal courts have similarly reached varying conclusions about the constitutionality of other symbolic endorsements of Christianity, including the use of a cross as part of a government seal, the inclusion of the phrase …


A Tour Of Mistakes, Paul H. Edelman Jan 1998

A Tour Of Mistakes, Paul H. Edelman

Vanderbilt Law School Faculty Publications

In these pages, Steven Lubet recently reviewed A Tour of the Calculus, by David Berlinski. Inspired by both the beauty of calculus and Berlinski's description of it, Lubet waxes poetic on the many parallels between the law and calculus. It is completely understandable--even admirable that one might be led to ruminations on the relationship between calculus and one's own discipline. There is little doubt that the subject of calculus stands as one of the great intellectual feats of Western thought. It has had profound implications for physics, engineering, economics and many other disciplines-so why not law? Alas, these philosophical musings …


Who Needs Congress? An Agenda For Administrative Reform Of The Endangered Species Act, J.B. A. Ruhl Jan 1998

Who Needs Congress? An Agenda For Administrative Reform Of The Endangered Species Act, J.B. A. Ruhl

Vanderbilt Law School Faculty Publications

This article comprehensively examines the history and content of the numerous administrative reforms of the Endangered Species Act program carried out under the tenure of Department of the Interior Secretary Bruce Babbitt. The assessment is that these reforms provide a tremendous impetus for innovation of species conservation.


Predictors Of Jurors' Decisions And Post-Trial Perceptions Of Child Witness Credibility In A Child Sexual Assault Trial, Janet Murvin Gibson Jan 1998

Predictors Of Jurors' Decisions And Post-Trial Perceptions Of Child Witness Credibility In A Child Sexual Assault Trial, Janet Murvin Gibson

Masters Theses

The effect of judge’s instructions and jurors’ preconceptions about children’s credibility on juror decision making and post-trial perceptions of children’s credibility was investigated. Also, the relationship between jurors’ post-trial perceptions of children’s credibility and measure of guilt was explored. Jurors’ level of authoritarianism was utilized as a covariate and jurors’ comprehension of the judge’s instructions was considered as a possible mediating influence on their decision making. One hundred and twenty five undergraduate women enrolled in psychology classes at Eastern Illinois University viewed a videotaped simulation of a child sexual assault trial. Participants heard either standard instructions in which the judge …


Developing A Positive Theory Of Decisionmaking On U.S. Courts Of Appeals, Tracey E. George Jan 1998

Developing A Positive Theory Of Decisionmaking On U.S. Courts Of Appeals, Tracey E. George

Vanderbilt Law School Faculty Publications

As the decisions of the United States Courts of Appeals become an increasingly important part of American legal discourse, the debate concerning adjudication theories of the circuit courts gain particular relevance. Whereas, to date, the issue has received mostly normative treatment, this Article proceeds systematically and confronts the positive inquiry: how do courts of appeals judges actually decide cases? The Article proposes theoretically, tests empirically, and considers the implications of, a combined attitudinal and strategic model of en banc court of appeals decision making. The results challenge the classicist judges, legal scholars, and practitioners' normative frameworks, and suggest positive theory's …


Should Labor Be Allowed To Submit Shareholder Proposals?, Randall Thomas, Kenneth J. Martin Jan 1998

Should Labor Be Allowed To Submit Shareholder Proposals?, Randall Thomas, Kenneth J. Martin

Vanderbilt Law School Faculty Publications

In this Article, we investigate whether labor unions and related entities should be permitted to continue to make shareholder proposals using Rule 14a-8 of the federal securities laws. We focus on the claim that labor is using the shareholder proposal mechanism to further the interests of workers at the expense of other shareholders. In particular, corporate management groups have suggested that when labor is involved in collective bargaining negotiations with management, it should be barred from submitting shareholder proposals because labor proposals seek to further interests not shared by other security holders of the company. Using data on shareholder proposals …