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1999

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Articles 6721 - 6750 of 7778

Full-Text Articles in Law

The First "First Gentleman": The Role Of President Jane Doe's Husband , John Dwight Ingram Jan 1999

The First "First Gentleman": The Role Of President Jane Doe's Husband , John Dwight Ingram

American University Journal of Gender, Social Policy & the Law

No abstract provided.


1999-2000 Juris Doctorate Candidates Of The School Of Law, University Of Alabama School Of Law Jan 1999

1999-2000 Juris Doctorate Candidates Of The School Of Law, University Of Alabama School Of Law

Juris Doctorate Candidates of the School of Law

No abstract provided.


Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews Jan 1999

Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews

Articles & Chapters

No abstract provided.


Global Issues In Compensatory Justice: Introduction, Penelope Andrews Jan 1999

Global Issues In Compensatory Justice: Introduction, Penelope Andrews

Articles & Chapters

No abstract provided.


Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht Jan 1999

Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht

Articles & Chapters

The prohibition against "clogging the equity of redemption" has been enforced by the courts for centuries, yet the traditional justifications (invoking fairness or unfair bargaining power) offered for this central premise of mortgage law are rather unconvincing, particularly in the commercial context. After describing and critiquing the traditional view, this article lays out an alternative justification for the equity of redemption, stressing the role of the law in fostering efficient renegotiation upon default. This view explains why the equity of redemption cannot be waived in the initial loan documents, and why it can be waived in subsequent workouts only if …


Women And The Internet, Carlin Meyer Jan 1999

Women And The Internet, Carlin Meyer

Articles & Chapters

No abstract provided.


Trusts And Estates Practice Into The Next Millennium, Marc S. Bekerman, Gerry W. Beyer Jan 1999

Trusts And Estates Practice Into The Next Millennium, Marc S. Bekerman, Gerry W. Beyer

Articles & Chapters

As the world prepares to enter the next millennium, the practice of trusts and estates law continues to evolve. Factors driving this evolution include an increase in life expectancy, numerous advances in medical technology, the increased geographic mobility of individuals, the growing use of revocable trusts as will substitutes, the trend to abolish the rule against perpetuities and restrictions on the ability of creditors to reach self-settled trusts. Due to advances ranging from low-tech improvements, such as refrigeration and sewer systems, to sophisticated medical procedures, such as organ transplantation and dialysis, people are living longer than their ancestors. This article …


Discussant, In Response To Justice Richard J. Goldstone, 1998 Otto L. Walter Lecture: International Human Rights At Century’S End, Stephen Ellmann Jan 1999

Discussant, In Response To Justice Richard J. Goldstone, 1998 Otto L. Walter Lecture: International Human Rights At Century’S End, Stephen Ellmann

Articles & Chapters

No abstract provided.


The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii. Jan 1999

The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.


In Tribute To The Outgoing Editors, Carl Monk, Paul Carrington, Gerald Korngold Jan 1999

In Tribute To The Outgoing Editors, Carl Monk, Paul Carrington, Gerald Korngold

Articles & Chapters

No abstract provided.


Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams Jan 1999

Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams

Faculty Scholarship

No abstract provided.


Why Start-Ups?, Joseph Bankman, Ronald J. Gilson Jan 1999

Why Start-Ups?, Joseph Bankman, Ronald J. Gilson

Faculty Scholarship

The prototypical start-up involves an employee leaving her job with an idea and selling a portion of that idea to a venture capitalist. In many respects, however, the idea should be worth more to the former employer. The former employer can be expected to have better information concerning the employee-entrepreneur and the technology, have opportunities to capture economies of scale and scope not available to a venture capital-backed start-up, and will receive more favorable tax treatment than the start-up should the innovation fail. In connection with an auction of the idea, the former employer should have both a more accurate …


Foreword, Christopher H. Schroeder Jan 1999

Foreword, Christopher H. Schroeder

Law and Contemporary Problems

No abstract provided.


The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood Jan 1999

The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood

Law and Contemporary Problems

No abstract provided.


The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz Jan 1999

The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz

Law and Contemporary Problems

Priester et al provide a comprehensive legal history of the independent counsel statute from its inception in 1978 until its apparent last hurrah in 1999. They also explore the role of the independent counsel in the history and practice of the government's evidentiary privileges.


Can The Independent Counsel Statute Be Saved?, Katy J. Harriger Jan 1999

Can The Independent Counsel Statute Be Saved?, Katy J. Harriger

Law and Contemporary Problems

The independent counsel provisions of the Ethics in Government Act face an uncertain future. Harriger argues that the statute in its current form meets virtually none of the goals Congress intended in 1978 and that the statute should be substantially revised in an effort to minimize the costs and maximize the benefits.


The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch Jan 1999

The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch

Law and Contemporary Problems

Despite the divergence of opinion regarding the Ethics in Government Act, it appears there is a growing public consensus that the Act is genuinely and seriously flawed. Whether these flaws can be corrected is in serious doubt.


Journal Staff Jan 1999

Journal Staff

Law and Contemporary Problems

No abstract provided.


A Socio-Legal History Of Florida's Juvenile Transfer Reforms, Henry George White, Charles E. Frazier, Lonn Lanza-Kaduce Jan 1999

A Socio-Legal History Of Florida's Juvenile Transfer Reforms, Henry George White, Charles E. Frazier, Lonn Lanza-Kaduce

University of Florida Journal of Law & Public Policy

This article is intended to provide a socio-legal history of the transfer laws in Florida, not only the recent reforms but also transfer provisions dating back nearly fifty years. Multiple changes involving a mix of instrumental expressive, and systems or institutional factors have occurred during this time. The goals of our analysis are to explore the underlying reasons for Florida’s transfer reforms in particular and to improve our understanding of the dynamics of legal reform in general.


Juvenile Transfers In Florida: The Worst Of The Worst?, Lonn Lanza-Kaduce, Charles E. Frazier, Donna M. Bishop Jan 1999

Juvenile Transfers In Florida: The Worst Of The Worst?, Lonn Lanza-Kaduce, Charles E. Frazier, Donna M. Bishop

University of Florida Journal of Law & Public Policy

The purpose of this article is to examine what is needed to assess the issues of fairness and effectiveness, which are central to the rationales underpinning transfer policies. We start by considering the adequacy of the data that most often used to learn about transfer. We then report the findings from an in-depth study of local records. This field research illustrates how complex information gathering is on matters relevant to transfer. We then use the more detailed processing information gained from our study of local records to profile transfer cases and assess the comparability between criminal court transfers and their …


Using Violence As Social Control: Applying A Theory Of Conflict Management To Juvenile Disputes, Marian J. Borg Jan 1999

Using Violence As Social Control: Applying A Theory Of Conflict Management To Juvenile Disputes, Marian J. Borg

University of Florida Journal of Law & Public Policy

This article seeks to contribute both to the empirical evaluations of Black’s theory and to the literature on adolescent violence. It bridges these two area by examining the utility of Black’s theory of conflict management for explaining the use of violence in conflict situations between juveniles, an area in which Black’s propositions have not yet been systematically evaluated. The analysis focuses only on violence used to further a robbery, theft, or other predatory crime. Black’s theory is used as a basis for identifying social variables that increase the likelihood of using violence as a conflict management technique. A 1995 data …


Analyzing Juvenile Justice Policy: A Critical Review, Tonya Aultman-Bettridge Jan 1999

Analyzing Juvenile Justice Policy: A Critical Review, Tonya Aultman-Bettridge

University of Florida Journal of Law & Public Policy

This article reviews a variety of perspectives that have been applied to the study of the juvenile justice system in more recent years. While not meant as an exhaustive summary of the literature on juvenile justice, this article outlines a number of different frames of reference that have been used in the analysis of policies aimed at chronic, serious and/or violent juveniles offenders, with a particular emphasis on framing the nature of the current controversy and debate. Starting with the social science of 1970s, which supported the “nothing works” doctrine of juvenile offender treatment, this work review and summarizes existing …


A House Divided: The Social And Economic Underdevelopment Of America's Inner Cities, Dash T. Douglas Jan 1999

A House Divided: The Social And Economic Underdevelopment Of America's Inner Cities, Dash T. Douglas

University of Florida Journal of Law & Public Policy

This article attempts to demonstrate the urgent need to reconsider our current social policies and to revitalize government concern over our urban ghettos. Part II provides a historical background on how urban ghettos were formed in the United States. Part III discusses the Kerner Commission’s findings and the recommendations it made to President Lyndon Johnson and the American people. Part IV analyzes the social and economic regression experienced by inner-city communities during the past thirty years. Part V discusses the findings of the Eisenhower Foundation and describes the programs it espouses.

Finally, part VI, outlines recommendations on how the United …


Constitutional Law: Decency Requirement In Art Funding Nea V. Finley, 118 S. Ct. 2168 (1998), Amy Petrick Jan 1999

Constitutional Law: Decency Requirement In Art Funding Nea V. Finley, 118 S. Ct. 2168 (1998), Amy Petrick

University of Florida Journal of Law & Public Policy

No abstract provided.


Remember The Ingredient: The View From Outside The Tower, Michael A. Mogill Jan 1999

Remember The Ingredient: The View From Outside The Tower, Michael A. Mogill

University of Florida Journal of Law & Public Policy

No abstract provided.


The Appeal Provision Of Florida's Criminal Punishment Code: Unwise And Unconstitutional, Robert Batey, Stephen M. Everhart Jan 1999

The Appeal Provision Of Florida's Criminal Punishment Code: Unwise And Unconstitutional, Robert Batey, Stephen M. Everhart

University of Florida Journal of Law & Public Policy

This article addresses whether this startling new appeal provision in Florida’s Criminal Punishment Code is constitutional: Can the state give itself the right to appeal downward departure sentences but deny the reciprocal right of the defendant to appeal upward departure sentences? Part II of this article sets the background for answering this question by briefly sketching the history of sentencing guidelines in Florida, and how the new appeal provision undermines the wise policy behind those guidelines. Part III then outlines the infirmities of the new appeal provision under the double jeopardy, right-to-appeal, due process, and proportionality provisions of both the …


In Order To Hire The Best Person For The Job, We Have To What?, Brian John Halliday Jan 1999

In Order To Hire The Best Person For The Job, We Have To What?, Brian John Halliday

University of Florida Journal of Law & Public Policy

This Article will examine the numerous claims of U.S. employers that they cannot fill professional-level job openings with home-grown U.S. workers, and the complaints of those who oppose the importation of foreign professional labor. By shedding some light on these broad questions, we should put into proper perspective the motivating elements behind our ever-changing United States immigration laws, separating the valid impetuses from the rhetoric. This should serve to paint a clearer picture of the actual state of affairs affecting our labor needs, and to suggest courses of action designed to stabilize and to correct the U.S. employment-based immigration system. …


Arbitration Law: Jurisprudence Of Uncertainty, Matthew L. Hicks Jan 1999

Arbitration Law: Jurisprudence Of Uncertainty, Matthew L. Hicks

University of Florida Journal of Law & Public Policy

No abstract provided.


Perilous Potholes In The Path Toward Patent Law Harmonization, Kevin Cuenot Jan 1999

Perilous Potholes In The Path Toward Patent Law Harmonization, Kevin Cuenot

University of Florida Journal of Law & Public Policy

This Note will address the public policy issues and the economics involved with changing the United States patent system to a first-to-file system.


Toward A More Utilitarian Juvenile Court System, Rod Smith Jan 1999

Toward A More Utilitarian Juvenile Court System, Rod Smith

University of Florida Journal of Law & Public Policy

No abstract provided.