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Articles 5161 - 5190 of 7802
Full-Text Articles in Law
Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager
Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager
Fordham Urban Law Journal
This Article focuses on a 1998 New York law that required physicians and other health officials to report individuals who test positive for HIV, AIDS, or other HIV-related illnesses to the municipal health commissioner. As New York has the highest rate of reported AIDS cases, the Article notes that the state's decision to enact this law could have significant influence on other states. It begins by describing the partner notification system laws in the United States, and then presents arguments for and against partner notification. The Article ultimately argues for a modified version of the New York law. This refined …
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Fordham Urban Law Journal
This Article explores the long and intricate history of federalism, the arrangement between the federal and local governments to serve the people, in the United States. It begins with the beginnings of federalism in pre-colonial times and continues to discuss how recent Supreme Court decisions have failed to articulate a cohesive test for federalism issues. Ultimately, the Article proposes a method for resolving federalism disputes. This method focuses on the sociopolitical and economic benefits of federalism as the Framers intended. Further, it argues that courts should inquire as to the utility of either the federal or local government regulating a …
More Trees Please: Utilizing Natural Resources In The Urban Environmental Management Of New York City, Vivian D. Encarnacion
More Trees Please: Utilizing Natural Resources In The Urban Environmental Management Of New York City, Vivian D. Encarnacion
Fordham Urban Law Journal
This Article discusses the impact of urban development on trees. It discusses the importance of having trees in urban neighborhoods by increasing property value and highly benefiting the ecological system. It also discusses alternative policies that other cities have implemented to deal with the impact of development on the environment. Finally, the Article proposes various solutions to the problems faced by New York City specifically, arguing that the city should adopt a comprehensive urban forestry program that would asses the current status of the urban forest, evaluate the environmental impact of development, and protect tree and landscaping ordinances.
Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove
Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove
Fordham Urban Law Journal
This Article seeks to explain the negative perception the legal profession and lawyers have in the eyes of the American public. Disregarding common answers such as the disproportionate amount of influence lawyers have or high salaries and extravagant lifestyles, this Article argues that a cultural shift has led many Americans to see the law as an arbitrary device. Consequently, this belief is reinforced by lawyers and and perpetuated by law schools, leading to the negative perception of the legal profession. In the process, the Article addresses five main issues: the definition and purpose of the law, the republican theory of …
Journal Of Pedagogy, Pluralism And Practice, Volume 1 (4), Fall 1999 (Full Issue), Journal Staff
Journal Of Pedagogy, Pluralism And Practice, Volume 1 (4), Fall 1999 (Full Issue), Journal Staff
Journal of Pedagogy, Pluralism, and Practice
The theme of this issue is deconstructing the concept of human rights, legal elements of bilingual education, and the relationship between language development and education
Reforming Social Security: A Practical And Workable System Of Personal Retirement Accounts, Fred T. Goldberg, Michael J. Graetz
Reforming Social Security: A Practical And Workable System Of Personal Retirement Accounts, Fred T. Goldberg, Michael J. Graetz
Faculty Scholarship
This paper details a method for implementing personal retirement accounts (PRAs) as a part of Social Security reform. The approach described here answers the following questions: how funds are collected and credited to each participants' retirement account; how money is invested; and how funds are distributed to retirees. It is designed to accommodate a variety of answers to a wide range of important policy questions; to minimize administrative costs and distribute those costs in a fair and reasonable way; to minimize the burden on employers, especially small employees who do not now maintain a qualified retirement plan; and to meet …
Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins
Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins
Faculty Publications
No abstract provided.
The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green
The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green
Faculty Publications
No abstract provided.
Discovery Reform Redux, Carl W. Tobias
Discovery Reform Redux, Carl W. Tobias
Law Faculty Publications
The recent resolve of the Advisory Committee on the Civil Rules to revisit reform of the discovery rules, which the Supreme Court revised as recently as 1993, is replete with ironies. In August, 1998, that Committee, which has primary responsibility for studying the Federal Rules of Civil Procedure and developing suggestions for their improvement, published proposals that would significantly revise the substantial 1993 revisions of the discovery rules. Ironies suffuse many specific aspects of the rule revision process and of the proposals to revise the 1993 revisions less than five years after their implementation. I emphasize the proposal to revise …
Thin Red Line: An Analysis Of The Role Of Legal Assistants In The Chapter 13 Bankruptcy Process, David G. Epstein
Thin Red Line: An Analysis Of The Role Of Legal Assistants In The Chapter 13 Bankruptcy Process, David G. Epstein
Law Faculty Publications
The delegation by a lawyer of substantial amounts of non-ministerial functions to legal assistants raises various unauthorized practice of law issues. This Article provides an overview of the Chapter 13 bankruptcy process and state law rules regarding the unauthorized practice of law. We then discus~ these rules in the context of a typical Chapter 13 debtor practice.
"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell
"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell
Law Faculty Publications
Such serious charges by so many distinguished historians demand a careful consideration of what the Founders meant by "high Crimes and Misdemeanors": Were they only indictable crimes or did they include what one of the Framers called "political crimes and misdemeanors?" Were they offenses that a President would commit only in "the exercise of executive power" or did they also include a President's malfeasance committed in his private capacity? Were they subject to a reasonably fixed meaning or were they to be determined simply by the exercise of the "awful discretion" of those in Congress called upon to impeach and …
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1998-99), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1998-99), J. Rodney Johnson
Law Faculty Publications
In its 1999 Session, the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia in its 1999 Session. In addition, there were eleven Supreme Court of Virginia opinions and one Bankruptcy Court opinion in the period covered by this review that involved issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Faculty Publications
No abstract provided.
When Y2k Causes "Economic Loss" To "Other Property", Peter A. Alces, Aaron S. Book
When Y2k Causes "Economic Loss" To "Other Property", Peter A. Alces, Aaron S. Book
Faculty Publications
No abstract provided.
Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks
Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks
Faculty Publications
No abstract provided.
Reintegrative Shaming In Corporate Sentencing, Jayne W. Barnard
Reintegrative Shaming In Corporate Sentencing, Jayne W. Barnard
Faculty Publications
No abstract provided.
Memorial: Hibernia Prather Turbeville, Gail M. Daly
Memorial: Hibernia Prather Turbeville, Gail M. Daly
SMU Law Review
No abstract provided.
Hibernia Turbeville - A Memorial, Charles O. Galvin
Hibernia Turbeville - A Memorial, Charles O. Galvin
SMU Law Review
No abstract provided.
Eulogy, Paul Gleiser
Tribute To Hibernia Turbeville, John H. Mcelhaney
Tribute To Hibernia Turbeville, John H. Mcelhaney
SMU Law Review
No abstract provided.
A Tribute To Hibernia Turbeville, Joseph W. Mcknight
A Tribute To Hibernia Turbeville, Joseph W. Mcknight
SMU Law Review
No abstract provided.
Tribute To Hibernia Turbeville, Ann Van Wynen Thomas
Tribute To Hibernia Turbeville, Ann Van Wynen Thomas
SMU Law Review
No abstract provided.
Explicating The Internal Point Of View, Dennis Patterson
Explicating The Internal Point Of View, Dennis Patterson
SMU Law Review
No abstract provided.
Finding Wittgenstein At The Core Of The Rule Of Recognition, Anthony J. Sebok
Finding Wittgenstein At The Core Of The Rule Of Recognition, Anthony J. Sebok
SMU Law Review
No abstract provided.
Logic, Intuition, And The Positivist Legacy Of H.L.A. Hart, Douglas Lind
Logic, Intuition, And The Positivist Legacy Of H.L.A. Hart, Douglas Lind
SMU Law Review
No abstract provided.
Giving The Haves A Little More: Considering The 1998 Discovery Proposals, Elizabeth G. Thornburg
Giving The Haves A Little More: Considering The 1998 Discovery Proposals, Elizabeth G. Thornburg
SMU Law Review
No abstract provided.
Well, Hello Dolly - The Advent Of Cloning Legislation And Its Constitutional Implications, Kimberly M. Jackson
Well, Hello Dolly - The Advent Of Cloning Legislation And Its Constitutional Implications, Kimberly M. Jackson
SMU Law Review
No abstract provided.
Why Free Exercise Jurisprudence In Relation To Zoning Restrictions Remains Unsettled After Boerne V. Flores, Sarah J. Rous Gralen
Why Free Exercise Jurisprudence In Relation To Zoning Restrictions Remains Unsettled After Boerne V. Flores, Sarah J. Rous Gralen
SMU Law Review
No abstract provided.
Implications Of Implicit Taxes, David A. Weisbach
Implications Of Implicit Taxes, David A. Weisbach
SMU Law Review
No abstract provided.