Law Commons^™

Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene

Law and Contemporary Problems

On Apr 8-9, 1999, more than sixty securities lawyers, regulators and academics participated in a roundtable discussion in Washington DC on what should be the future content of the US securities laws. A summary of the discussions is presented.

Journal Staff

Law and Contemporary Problems

No abstract provided.

The Persistent Problem Of Obligation In International Law, Eduardo M. Peñalver

Cornell Law Faculty Publications

Globalization And The Reproduction Of Hierarchy, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Vol. 20, Nos. 2-3, 2000: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Evaluating Scientific And Forensic Evidence, Richard H. Underwood

Law Faculty Scholarly Articles

Professor Underwood offers a critique of the present state of scientific and forensic evidence. In the context of discussing four challenges to the field, the author arms the practitioner with strategies and tactics for making effective use of scientific and forensic testimony.

The Application Of Product Liability Principles To Publishers Of Violent Or Sexually Explicit Material, Richard C. Ausness

Law Faculty Scholarly Articles

There have been a number of tragic incidents during the past few years in which mentally unstable teenagers have carried guns into school and shot teachers and fellow students. These schoolyard killings have generated an intense debate about the problem of violence in our society. Some social commentators have attributed teenage violence to the widespread availability of firearms, while others blame parental neglect, lack of discipline in the schools, or the declining influence of religion and morality in contemporary culture. However, another source of concern is the popular media, which stands accused of purveying sex and violence on a massive …

Constitutional Criminal Procedure, James P. Fleissner, Amy C. Reeder

Mercer Law Review

The field known as "constitutional criminal procedure" is one of the most dynamic branches of constitutional interpretation. Because most of the guarantees of the Fourth, Fifth, and Sixth Amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, the decisions of the United States Supreme Court interpreting the Bill of Rights have the effect of creating national minimum standards for both the federal and state criminal justice systems. Because every year there are many significant decisions in the field of constitutional criminal procedure, practitioners need to keep abreast of breaking developments. Of course, the Supreme Court decides …

Evidence, Marc T. Treadwell

Mercer Law Review

This survey marks the fourteenth year the author has surveyed Eleventh Circuit evidence decisions. During these years there has been, in the author's opinion, an unmistakable trend-a trend that continued during the current survey period. In stark contrast to the days when the Eleventh Circuit rigorously examined district court evidentiary decisions and freely reversed those decisions, the Eleventh Circuit now carefully defers to district judges. The abuse-of-discretion standard that has always governed evidentiary issues on appeal now seems to be the standard of review in practice as well as in name.

Absent some action by Congress, the most extensive changes …

Table Of Contents

The Journal of Law and Education

No abstract provided.

Significant Labor And Employment Law Issues In Higher Education During The Past Decade And What To Look For Now, Hugh D. Jascourt

The Journal of Law and Education

No abstract provided.

Recent Developments In The Law - Supreme Court Review

The Journal of Law and Education

No abstract provided.

Recent Developments In The Law - Primary And Secondary Education

The Journal of Law and Education

No abstract provided.

Mergers & Acquisitions: The Decade In Review, Joseph H. Flom

University of Miami Law Review

No abstract provided.

Empirical Evidence On Structural Takeover Defenses: Where Do We Stand?, John C. Coates Iv

University of Miami Law Review

No abstract provided.

Decius S. Wade's Necessity For Codification, Andrew P. Morriss

Montana Law Review

Decius S. Wade's Necessity for Codification

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 8, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.

Legal Hermeneutics At A Crossroads: Giuseppe Zaccaria's Questioni Di Interpretazione (1996), Ioannis S. Papadopoulos, Mark Tushnet

Cardozo Journal of International and Comparative Law

The article explores the potential for enriching U.S. legal scholarship through engagement with European legal hermeneutics, particularly the work of Giuseppe Zaccaria. It argues that while U.S. legal thought has been influenced by various movements like legal realism and critical legal studies, it often lacks the deeper philosophical underpinnings found in continental scholarship. Zaccaria's work, rooted in hermeneutic theory, offers a bridge between European and American legal thought, emphasizing the role of practical reason, language, and community in legal interpretation.

The Attorney-Client Privilege: Practical Military Applications Of A Professional Core Value, Joshua E. Kastenberg, Norman K. Thompson

Faculty Scholarship

This article examines the historical development of the attorney-client privilege and then explores the privilege generally before tackling some specific areas where the privilege commonly arises in military practice. We explore important aspects of the privilege from three different perspectives: (1) a prosecution perspective-saving court-martial cases involving alleged compromise of attorney-client privileged material by trial counsel and/or investigators, (2) a defense perspective-using the privilege to protect information about the whereabouts of a client and the contents of a defense counsel's appointment schedule, and, (3) a general military practice perspective-the potential conflicts of interest which may arise when the privilege is …

Children In Poverty: In Search Of State And Federal Constitutional Protections In The Wake Of Welfare Reforms, April Land

Faculty Scholarship

The elimination of the federal entitlement to welfare and the shifting of essential policy making to states raises serious questions about the procedural due process rights of people in poverty. It also changes the focus of the legal battleground for welfare families, bringing important state constitutional issues into focus across the nation. Overall, the Article emphasizes that in exploring the potential constitutional protections for families in poverty, it will be important to focus on the detrimental effects that welfare reforms have on children. By emphasizing the impact that welfare cuts have on children, it may be possible to provide a …

Burdening Constitutional Rights: The Supreme Court's License To Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The prosecutorial tactic of burdening a defendant’s exercise of constitutional rights has appeared in a variety of contexts. Prosecutors have asked juries to infer guilt based on a defendant’s decision not to testify, not to call witnesses, to remain silent after being given Miranda warnings, to go to trial, to secure the assistance of counsel, to refuse to consent to a warrantless search, and to testify. In all of these instances, courts have found the prosecutor’s remarks to constitute misconduct.

Alumni Newsletter - Issue No. 74, University Of Maine School Of Law

Maine Law Magazine

• Around Campus
• Keeping Up with Technology
• Commencement
• Faculty
• Alumni News
• Annual Fund Results

Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton

Northern Illinois University Law Review

This comment will examine the issues and implications of music and the Internet as affected by several competing interests. Part I briefly outlines the current state of affairs in MP3 music by examining the driving forces behind Internet music. Part II explains the constitutional rights of copyright holders and the goals of copyright law. The constitutional issues are further developed under the United States Supreme Court's decision in Sony Corp. of America v. Universal City Studios, Inc. Part Ill briefly introduces some important aspects of the AHRA. Part IV uses the recent Ninth Circuit case, Recording Industry Ass'n of America …

Freedom Of Conscience And The Court-Ordered Apology For Defamatory Remarks, Dai-Kwon Choi

Cardozo Journal of International and Comparative Law

The article critiques the Korean Constitutional Court's decision that court-ordered apologies for defamation violate the freedom of conscience under the Korean Constitution. The author argues that this ruling is misplaced, as it should have focused on the chilling effect on freedom of the press rather than freedom of conscience. The analysis emphasizes the cultural significance of apologies in Korean society and questions the court's approach to constitutional review.

The Role Of The United Nations And Recognition In Sovereignty Determinations: How Australia Breached Its International Obligations In Ratifying The Tmor Gap Treaty, Michael Shane French-Merril

Cardozo Journal of International and Comparative Law

The note examines the International Court of Justice's (ICJ) decision in the *Case Concerning East Timor*, highlighting the tension between factual sovereignty and legal principles in international law. It argues that the ICJ's dismissal of Portugal's case against Australia due to lack of jurisdiction underscored the limitations of international adjudication in resolving sovereignty disputes. The case raises critical questions about the recognition of sovereignty acquired through force, the role of erga omnes obligations, and the UN's role in territorial disputes.

Expressing Oneself Without A Constitution: The Israeli Story, Zaharah R. Markoe

Cardozo Journal of International and Comparative Law

The note examines the challenges to freedom of expression in Israel, highlighting the absence of a written constitution and the tension between security concerns, religious influences, and democratic values. It argues that while the High Court of Israel has played a crucial role in protecting civil liberties, the lack of constitutional protections leaves freedom of expression vulnerable, particularly in cases involving national security and religious sensibilities.

Television Satellite Broadcasting In Russia After The Financial Crash Of 1998: The Allure And Adversity For Western Companies, Daniel E. Rosen

Cardozo Journal of International and Comparative Law

The note examines the legal and economic challenges faced by Western satellite broadcasters investing in Russia, particularly in light of the current economic crisis. While Russian media laws, such as the Mass Media Law and the Law on Television and Radio Broadcasting, initially created a favorable investment environment, their ambiguities and the government’s broad interpretive powers pose significant risks. The analysis highlights the need for Western companies to carefully weigh the potential benefits of investment against the heightened risks stemming from political, economic, and legal uncertainties.

Beating Again And Again And Again: Why Washington Needs A New Rule Of Evidence Admitting Prior Acts Of Domestic Violence, Linell A. Letendre

Washington Law Review

Batterers in Washington who use violence to control their intimate partners routinely avoid conviction and punishment due to the difficulties of prosecuting domestic violence cases. Prosecutors often face complex problems, such as recanting victims, lack of other witnesses, and juries inherently biased against battered women. Although some Washington prosecutors have found ways to introduce evidence of prior domestic violence in certain limited circumstances, Washington Rule of Evidence 404(b) generally precludes the use of evidence showing prior domestic violence. This Comment argues that this evidence rule prevents the admission of highly probative evidence of prior abuse against current or past victims …

Lawyer Communications On The Internet: Beginning The Millennium With Disparate Standards, Louise L. Hill

Washington Law Review

Lawyer communications on the Internet constituting commercial speech are subject to state ethics rules governing lawyer advertising and communication. Because each state operates as a separate entity with its own rules that govern the lawyers of its jurisdiction, the profession is faced with disparate standards on a jurisdictional basis. Of the forty-three states that have adopted the Model Rules of Professional Conduct, four-fifths have standards on lawyer communications that vary from those in the Model Rules. Not only is there variation in the rules themselves, but differences exist in the specific applicability and interpretation of these rules to components of …

Hip-Hip-Hurray For Illinois Taxpayers, Or Is It Too Early To Cheer?: An Analysis Of In Re Consolidated Objections To Tax Levies Of School District No. 205, For Years 1991 Through 1996, Christina M. Cantlin-Vanwiggeren

Northern Illinois University Law Review

This casenote will discuss and examine how the Local Government and Governmental Employees Tort Immunity Act ("Tort Immunity Act" or "the Act") should be applied in Illinois based on a case of first impression: In re Consolidated Objections to Tax Levies of School District No. 205, for Years 1991 Through 1996. Section I of this casenote is divided into two segments. Section A discusses the development and historical attributes of tort liability by analyzing the common law development of tort liability and the doctrine of sovereign immunity. Section B chronologically examines the development and language modifications of the Tort Immunity …