Law Commons^™

Inequitable Distribution: The Effect Of Minnesota's Child Support Guidelines On Prior And Subsequent Children, Misti N. Nelc

Minnesota Journal of Law & Inequality

No abstract provided.

1999 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 12

Millennial Ideas, page 15

The Future of Gaming: Is it on the Internet?, page 20

An Interview with Bonnie Steingart, page 24

Alumni News & Notes, page 28

Neoliberalism, Colonialism And International Governance: Decentering The International Law Of Governmental Legitimacy, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Corruption And Donor Reforms: Expanding The Promises And Possibilities Of The Rule Of Law As An Anti-Corruption Strategy In Kenya, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Rejoinder: Twailing International Law, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Good Governance As A Counter Insurgency Agenda To Oppositional And Transformative Social Projects In International Law, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

An International Common Law Of Antitrust, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

Transatlantic Misunderstandings: Corporate Law And Societies, Caroline Bradley

University of Miami Law Review

No abstract provided.

Parol Modification And The Statute Of Frauds: Fitting The Pieces Together Under The Uniform Commercial Code, Jeanette K. Brooks

Campbell Law Review

This comment explores, respectively, the history and purpose of the statute of frauds, the requirement of the Code's statute of frauds, the distinctions between sections 2-209(2) and 2-209(3), the faults in the majority application of section 2-209(3), the proposed application of section 2-209(3), and the benefits of the submitted application of section 2-209.

Stability In World Financial Markets: Introductory Remarks, Alan Rechtschaffen

Fordham Journal of Corporate & Financial Law

No abstract provided.

Reflections On Exchange Rates And Dollarization, Steve Hanke

Fordham Journal of Corporate & Financial Law

No abstract provided.

A Nightmare On Main Street (Part Mxl): Freddie Joins An Accounting Firm, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

The subject of multidisciplinary practice (“MDP”) has intrigued me for well over a decade. The topic has led me into new areas of research, and sometimes into the cross hairs of colleagues in the legal profession. My views have not always represented the mainstream of thinking among lawyers, and that is reflected in the title of my talk today: “A Nightmare on Main Street (Part MXL): Freddie Joins an Accounting Firm.”

Corporate Governance Reform In Russia: The Effectiveness Of The 1996 Russian Company Law, Gregory Wolk

Washington International Law Journal

During Post-Soviet privatization, widespread abuses of power in Russian corporations contributed to the economic malaise in that country. These abuses are attributed to the domination of firms by senior management. In January 1996, the Russian Company Law went into effect with very strong protections for minority shareholders as a means to curb these abuses. This Comment analyzes the effectiveness of the Russian Company Law in this regard over the past three years. It concludes that the law has been moderately successful given the extremely hostile conditions at the time of enactment, and thus, it is a model for other transitional …

Código De La Niñez Y La Juventud., Cuba. Asamblea Nacional Del Poder Popular

Mario Diaz Cruz Pamphlets

Colección Jurídica.

An Introductory Note: Jensen V. Poore

Montana Law Review

An Introductory Note: Jensen v. Poore

Mont. Code Ann. § 75-1-203(2)—What Is It Good For? Absolutely Nothing!, Laura D. Vachowski

Montana Law Review

Mont. Code Ann. § 75-1-203(2)—What Is it Good For? Absolutely Nothing!

Board Of Pharmacy, Nicole Slanker

California Regulatory Law Reporter

No abstract provided.

Drawing A Distinction Between Bootleg And Counterfeit Recordings And Implementing A Market Solution Towards Combating Music Piracy In Europe, Clifford A. Congo

Penn State International Law Review (1982 - 2011)

No abstract provided.

Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein

All Maxine Goodman Levin School of Urban Affairs Publications

This year's report concentrates on recent legal developments concerning regulation of the location of "adult entertainment businesses." Such regulations raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to non-obscene sexually oriented media. The U.S. Supreme Court, however, has established that local government may single out adult businesses for special regulatory treatment in the form of locational restrictions if the local government can show a substantial public interest in regulating such businesses unrelated to the suppression of speech and if the regulations allow for "reasonable alternative avenues of communication," which essentially translates into a reasonable …

Estate And Gift Tax Effects Of Selling A Remainder: Have D'Ambrosio, Wheeler And Magnin Changed The Rules?, Ronald H. Jensen

Elisabeth Haub School of Law Faculty Publications

This article traces the evolving judicial interpretation of the “adequate and full consideration” exclusion found in section 2036. Part III examines the proper application of the “adequate and full consideration” exclusion to simple sales of remainders such as those involved in D'Ambrosio and Wheeler and concludes that the holdings in those cases are indisputably correct. It then analyzes the possible planning opportunities these decisions offer, particularly in light of section 2702. Part IV examines the effect of the D'Ambrosio trilogy on spousal elections. This Part outlines the potential gift and estate tax savings this device affords and then considers how …

Proving The Lie: Litigating Police Credibility, David N. Dorfman

Elisabeth Haub School of Law Faculty Publications

This essay proposes a wider scope for a somewhat timeworn discussion-specifically, that police mendacity and the need to deter this form of police misconduct go to the very heart of our criminal justice system and the need for trust in government and its processes, which search and seizure law and practice is only a small part. Being only a part of a much larger systemic societal problem, tinkering with search and seizure law and process alone will not heighten the police witness' respect for the oath.

Unplanned Career Paths: The Role Of Serendipity (Part 1), Jim Hambleton, Louis Calvert

Faculty Scholarship

Several years ago a colleague wrote about career planning. His article was filled with fine ideas about how to map out a career. As both authors are at the point where our careers are about two-thirds over, we thought we would write about how careers really work out.

The Parent-Child Testimonial Privilege - Has The Time For It Finally Arrived, Amee A. Shah

Cleveland State Law Review

Academics and courts in the United States have been grappling with the issue of compelled parent or child testimony for more than twenty-five years. This article uses the bills of the late-1990s proposed in the House and Senate to analyze the parent-child privilege debate. First, this article will discuss the history of the parent-child privilege. Next, the proposed bills will be evaluated to determine their effectiveness in achieving their goals and in resolving the debate. This article will then discuss the effects that the passage or nonpassage of these bills (particularly the House bill) would have. Finally, this article proposes …

Gene Therapy: Legal And Ethical Issues For Pregnant Women , Angela Liang

Cleveland State Law Review

The decision to undergo gene therapy in utero for the sake of a fetus should legally rest with the pregnant woman rather than the judiciary or the legislature. Part I of this article provides an overview of the current scope of gene therapy. Part II discusses previous court decisions that either granted or denied petitions for involuntary prenatal intervention. Part III analyzes three reasons why the courts should not impose gene therapy on pregnant women as the technology becomes available. First, a policy that mandates gene therapy would place an undue burden on pregnant women and violate the Equal Protection …

Determining The Immunity Measuring Stick: The Impact Of The Health Care Quality Improvement Act And Antitrust Laws On Immunity Aspects Of Granting Privileges To Physician Assistants, Joseph Mark Saponaro

Cleveland State Law Review

This note examines the antitrust developments that affect the health care industry; the Health Care Quality Improvement Act of 1986; the treatment of peer review process immunity for physicians as it now exists; how non-physician providers are dealt with in the peer review process; and where physician assistants fit into the whole scheme. Part I of this note lays a foundation of antitrust principles, briefly explaining the applicable portions of the Sherman Act. Part I continues by setting forth the approaches, rule of reason versus per se rule, that courts utilize when dealing with antitrust situations. After explaining these governing …

How The Supreme Court's Reiteration Of Sexual Harassment Standards Affirmed In Faragher And Ellerth Would Have Led To Jones' Survival In Jones V. Clinton, Moira Mcandrew

Cleveland State Law Review

This note demonstrates that a cognizable claim of sexual harassment may be predicated on a severe, yet isolated episode of sexual harassment. In this inquiry, we will look to other Supreme Court and Appellate Court decisions regarding sexual harassment law to support the conclusion that a single incident of sexual harassment can constitute an actionable hostile work environment claim. Part II traces the background of sexual harassment law, including what constitutes actionable discrimination and the applicable standards of a hostile work environment claim. Part III outlines the Supreme Court's analysis of actionable employment discrimination based on sexual harassment under Title …

Election Of Chapter 7 Trustees Under The Bankruptcy Code , Darrell Dunham

Cleveland State Law Review

This article offers an analysis of the election of chapter 7 trustees. Part II the prior statutory scheme and the legislative history supporting the present statute. Part III examines the present statute, discussing the statutory requirements for the election of a chapter 7 trustee. Part IV discusses election procedures. The bankruptcy rules mandate a prescribed set of procedures for elections, including procedures for disputing the results of an election. These rules and the cases applying them are discussed in Part IV. In Part V, appellate reviewed is examined. This section analyzes questions such as standing and appealable orders. Finally, in …

International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone

Cleveland State Law Review

The topic of this address is international jurisdiction and prosecutorial crimes. Two distinct but pervasive issue-areas arise when discussing international jurisdiction and prosecutorial crimes. The first relates to the ability of domestic or national courts, whether in the United States or any other country, to try people for international crimes committed either within or outside their borders. The second concerns the establishment of supra-national or international courts with inherent international criminal jurisdiction. I believe that these two facets of the enforcement of international criminal law are neither inconsistent, nor contradictory. I am convinced that in principle and in practice, national …

Mr. Justice Holmes's Constitutionally Crooked Path Part Ii: The State Sovereignty Jurisdictional Stopgap , Mitchell B. Weiss

Cleveland State Law Review

This article analyzes the last turn in Justice Holmes's constitutionally crooked path, largely by penetrating to the very core of the Supreme Court's recent decision in Alden v. Maine. Part I therefore traces the Court's waffling attitude towards the division of regulatory power between the state and federal governments. Then, against this backdrop, Part II takes the jurisdictional turn by analyzing the Court's most recent attempt to resuscitate the Tenth Amendment's check on Congress's Commerce Power. To sharpen the focus, much of this article will focus on the Fair Labor Standards Act, a federal statute that always seems to sit …

Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden

Cleveland State Law Review

This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …