Law Commons^™

The American Criminal Jury, Nancy J. King

Vanderbilt Law School Faculty Publications

As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to earn widespread acceptance by the public and trial by jury remains a cherished right of most Americans. In any event, many basic features of the criminal jury in the United States cannot be modified without either constitutional amendment or radical reinterpretations of the Bill of Rights. Judges and legislators continue to tinker within constitutional confines, some hoping to improve the jury trial by …

Setting An Agenda For A Study Of Tax And Black Culture, Beverly I. Moran

Vanderbilt Law School Faculty Publications

At present the Internal Revenue Code unthinkingly reflects many aspects of white culture including historical opportunities that whites have received for wealth building and marriage. In order for the federal tax laws to tax fairly all cultures within the purview of taxation must also find their values reflected. The article sets out how the tax laws might begin to incorporate black culture.

Hibernia Turbeville, Earl C. Borgeson

SMU Law Review

No abstract provided.

Hibernia Turbeville, Windle Turley

SMU Law Review

No abstract provided.

Corporate Counsel: Roles And Liabilities - An Essay For Professor Walter Steele, Marc I. Steinberg

SMU Law Review

No abstract provided.

Environmental Law, Scott D. Deatherage, Scott F. Wendorf

SMU Law Review

No abstract provided.

Check-The-Box: An Opportunity For States To Take Another Look At Business Formation, David M. Deaton

SMU Law Review

No abstract provided.

Content And Quality Of Legal Information And Data On The Internet With A Special Focus On The United States, Claire M. Germain

Cornell Law Faculty Publications

In the United States today, digital versions of current decisions, bills, statutes and regulations issued by federal and state governments are widely available on publicly accessible Web sites. Worldwide, official (defined as “authoritative,” or “the official” word of the law) legal information issued by international organizations and foreign governments is also becoming available on the Web. However, there are currently no standards for the production and authentication of digital documents. Moreover, the information is sometimes available only for a short time and then disappears from the site. No guidelines exist either to promote a uniform way to cite to digital …

Comparing The "1990s-Style" And "1980s-Style" Debt Crises, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

African Integration Schemes: A Case Study Of The Southern African Development Community, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

Be Careful What You Wish For, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Recent Developments: House Bill 315: Anti-Discrimination Act, Richard Dirk Selland

University of Baltimore Law Forum

No abstract provided.

Recent Developments: House Bill 434: Estates & Trusts - Lien For Payment Of Inheritance Tax, Bryon S. Bereano

University of Baltimore Law Forum

No abstract provided.

Recent Developments: House Bill 738: Family Law - Domestic Violence - Relief, Holly A. Currier

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Coates V. Southern Maryland Electric Cooperative, Inc.: Utility Pole Owners Have A Duty To Refrain From Creating Unreasonable Risks To Roadway Travelers, Brent Bolea

University of Baltimore Law Forum

No abstract provided.

The Importance Of Being Empirical, Michael Heise

Cornell Law Faculty Publications

Legal scholarship is becoming increasingly empirical. Although empirical methodologies gain important influence within the legal academy, their application in legal research remains underdeveloped. This paper surveys and analyzes the state of empirical legal scholarship and explores possible influences on its production. The paper advances a normative argument for increased empirical legal scholarship.

What Europe, Japan, And Other Countries Can Learn From The New American Restatement Of Products Liability, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

Commercial And Corporate Lawyers 'N The Hood, Alfred Dennis Mathewson

Faculty Scholarship

I shall begin the development of this proposition with a theme from a "Last Lecture" I was asked to deliver by the UNM Campus Ministries several years ago. I was asked to pretend that I would die immediately after giving the lecture. I opened the lecture with a story my mother used to tell us about the time she was traveling on Trailways with two of my older brothers, then toddlers. The bus driver asked her to move to the back of the bus. She had not wanted to get up but decided that compliance with the demand was in …

Emphasizing Torts In Claims Of Discrimination Against Black Female Athletes, Alfred Dennis Mathewson

Faculty Scholarship

In Black Women, Gender Equity and the Function at the Junction, I argued that an equality-based legal regime does not provide an adequate remedy for African-American female athletes. Instead I suggested that a tort-based regime may be more appropriate. I did so knowing that gender and racial discrimination are torts and I did not intend to suggest otherwise. They are statutory torts founded upon equality principles. What I intended was to draw more upon the general tort principles involved in an antidiscrimination action. I specifically invoked the notion of using mass tort theories. I wish to sketch a brief but …

A Comparative Analysis Of Women's Issues: Toward A Contextualized Approach, Antoinette M. Sedillo Lopez

Faculty Scholarship

"This Article proposes a methodology for comparative analysis of women's rights using insights from critical race theory and feminism. Comparative analysis by a Western scholar must reconcile a perspective developed in the United States with respect for another culture. In discussing women's rights, lawyers, judges, students and sociologists have justified certain women's situations as an inherent aspect of culture. For example, traditional "female genital surgery" has been defended as a "mere bodily mutilation" that is the "sine qua non of the whole teaching of tribal law, religion, and morality." In Mexico, "machismo" has been justified as an immutable characteristic of …

Reintegrative Shaming In Corporate Sentencing, Jayne W. Barnard

Faculty Publications

No abstract provided.

International Comity And The Foreign Tax Credit: Crediting Nonconforming Taxes, Glenn E. Coven

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

Faculty Publications

No abstract provided.

In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno

Faculty Publications

No abstract provided.

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.

How Much Justice Hangs In The Balance? A New Look At Hung Jury Rates, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman

Faculty Publications

This article discusses what is currently known about hung juries based on exist­ing empirical research and examines some preliminary data about the contempo­rary incidence of hung juries in the federal courts and several state courts. The paucity of information on hung jury rates highlights the need for a rigor­ous and system-wide examination that extends beyond the scope of the jury itself and encompasses the insti­tutional characteristics of each juris­diction and how those characteristics affect the types of cases that are pre­sented to juries.

This abstract has been taken from the authors' introduction.

Creating The 'Portable' Guardianship: Legal And Practical Implications Of Probate Court Cooperation In Interstate Guardianship Cases, Charlene D. Daniel, Paula Hannaford-Agor

Faculty Publications

In this article, we discuss the legal and practical issues associ­ated with interstate guardianships--that is, those guardianships in which the ward has ties to more than one state. Part I addresses these issues in the context of jurisdictional questions, securing nec­essary information, judicial monitoring and enforcement of guardi­anship orders, and property management. Part II proposes some modest solutions to these problems, many borrowed from other ar­eas of law (e.g., child support enforcement, child custody determinations, enforcement of civil protection orders, involuntary civil commitment).

This abstract has been taken from the authors' introduction.

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman

Faculty Publications

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of a field experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experi­ences, and reactions during trial as well as what they perceived to be the benefits and drawbacks of juror discussions. The data revealed that the majority …

Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs

Faculty Publications

No abstract provided.