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Articles 1 - 17 of 17
Full-Text Articles in Law
Toward A Pragmatic Understanding Of Status-Consciousness: The Case Of Deregulated Education, Tomiko Brown-Nagin
Toward A Pragmatic Understanding Of Status-Consciousness: The Case Of Deregulated Education, Tomiko Brown-Nagin
Duke Law Journal
This Article discusses the relationship between federal equal protection doctrine and the states' experiment with deregulated education-in particular, charter schools whose student bodies are identifiable on the basis of status. I argue that the states' experiment with deregulated education and the Supreme Court's understanding of the limitations imposed by the federal Equal Protection Clause on status-conscious state action are substantially in conflict, though not inevitably so. Reconciling state policy and federal constitutional law requires, first, that state legislatures draft laws that are consistent with the Court's skepticism of explicitly status-conscious state action, and its ambivalence toward state action that addresses …
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Duke Law Journal
Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …
Foreword, Richard W. Bauman
The Globalization Of Criminal Violence, Edgardo Rotman
The Globalization Of Criminal Violence, Edgardo Rotman
Cornell Journal of Law and Public Policy
No abstract provided.
Entrepreneurs And Regulators: Internet Technology, Agency Estoppel, And The Balance Of Trust, James T. O'Reilly
Entrepreneurs And Regulators: Internet Technology, Agency Estoppel, And The Balance Of Trust, James T. O'Reilly
Cornell Journal of Law and Public Policy
No abstract provided.
Chinese Privatization: Between Plan And Market, Lan Cao
Chinese Privatization: Between Plan And Market, Lan Cao
Law and Contemporary Problems
Since 1978, when China adopted its open-door policy and allowed its economy to be exposed to the international market, it has produced an economy with one of the most rapid growth rates in the world. Cao examines the general framework and other related issues associated with the privatization debate of the Chinese economy.
Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia Farina
Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia Farina
Duke Environmental Law & Policy Forum
No abstract provided.
Measuring Securities Market Efficiency In The Regulatory Setting, Randall S. Thomas, James F. Cotter
Measuring Securities Market Efficiency In The Regulatory Setting, Randall S. Thomas, James F. Cotter
Law and Contemporary Problems
In Nov 1998, the SEC proposed a modification to the federal securities law disclosure requirements to facilitate the process of issuing new securities. Thomas and Cotter discuss how to determine when companies should be able to issue simplified disclosure documents.
The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy
The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy
Law and Contemporary Problems
Criminal defendants are guaranteed the right to effective assistance of counsel under the Sixth Amendment, but the Supreme Court's decision in "Strickland" has given appellate courts overly broad discretion to determine exactly what constitutes ineffective assistance of counsel. Murphy reviews the right to counsel and discusses the crucial role of counsel in capital cases throughout the trial and appellate processes.
Kids Who Kill: A Critique Of How The American Legal System Deals With Juveniles Who Commit Homicide, Mirah A. Horowitz
Kids Who Kill: A Critique Of How The American Legal System Deals With Juveniles Who Commit Homicide, Mirah A. Horowitz
Law and Contemporary Problems
Horowitz looks at the reasons why juveniles commit homicides and suggests more effective ways for society to address the problem presented by child killers.
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Law and Contemporary Problems
Cox discusses six fundamental tenets that should guide the regulation of public offerings of securities. It is assumed that regulation is to be re-examined from the ground up, with no political or regulatory constraints.
An Economic Analysis Of The Religious Freedom Restoration Act, Travis C. Wheeler
An Economic Analysis Of The Religious Freedom Restoration Act, Travis C. Wheeler
Law and Contemporary Problems
As an attempt by Congress to overturn a Supreme Court ruling by statute, the Religious Freedom Restoration Act (RFRA), although passed by a congressional landslide, was one of the most controversial pieces of legislation passed during Bill Clinton's presidency. Wheeler examines RFRA from a law and economics perspective to show that, as a method by which Congress attempted to impose its definition of a constitutional right upon the courts, the Act was inefficient.
Weak Law Teaching, Adam Smith And A New Model Of Merit Pay, Ronald H. Silverman
Weak Law Teaching, Adam Smith And A New Model Of Merit Pay, Ronald H. Silverman
Cornell Journal of Law and Public Policy
No abstract provided.
No Joy In Mudville Tonight: The Impact Of Three Strike Laws On State And Federal Corrections Policy, Resources, And Crime Control, David Schultz
No Joy In Mudville Tonight: The Impact Of Three Strike Laws On State And Federal Corrections Policy, Resources, And Crime Control, David Schultz
Cornell Journal of Law and Public Policy
No abstract provided.
Viva La Evolucion: Recognizing Unconscious Motive In Title Vii, Ann C. Mcginley
Viva La Evolucion: Recognizing Unconscious Motive In Title Vii, Ann C. Mcginley
Cornell Journal of Law and Public Policy
No abstract provided.
Judicial Review Of Arbitration Awards On Public Policy Grounds: Lessons From The Case Law, Ann C. Hodges
Judicial Review Of Arbitration Awards On Public Policy Grounds: Lessons From The Case Law, Ann C. Hodges
Law Faculty Publications
A review of the case law demonstrates that most of the labor arbitration awards challenged on public policy grounds involve reinstatement of discharged employees. This article analyzes 138 private sector federal cases in which labor arbitration ·awards have been contested on public policy grounds. All the cases reviewed are discharge cases in which arbitration awards reversing the terminations were challenged. The article attempts to determine the factors that influence courts to uphold or overturn arbitration awards. This analysis will provide assistance to arbitrators in writing opinions that are less subject to challenge, and to employers, unions, and their attorneys in …
There Is No Joy In D.C., The Mighty Court Struck Out: An Analysis Of Clinton V. City Of New York, The Line Item Veto Act And The Court’S Failure To Uphold Constitutionally Legitimate Means To A Viable End, Eric Stephen Schmitt
Saint Louis University Law Journal
No abstract provided.