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2000

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Articles 1441 - 1470 of 8640

Full-Text Articles in Law

Table Of Contents Jul 2000

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.


Book Review Jul 2000

Book Review

Southeastern Environmental Law Journal

No abstract provided.


Preserving South Carolina's Beaches: The Role Of Local Planning In Managing Growth In Coastal South Carolina, Douglas T. Kendall Jul 2000

Preserving South Carolina's Beaches: The Role Of Local Planning In Managing Growth In Coastal South Carolina, Douglas T. Kendall

Southeastern Environmental Law Journal

No abstract provided.


Justice Delayed?: An Empirical Analysis Of Civil Case Disposition Time, Michael Heise Jul 2000

Justice Delayed?: An Empirical Analysis Of Civil Case Disposition Time, Michael Heise

Cornell Law Faculty Publications

This Article addresses the need to understand better our civil justice system by exploring possible determinants of disposition time for civil cases that reach a jury trial. This study uses one year of civil jury case outcomes from 45 of the nation's 75 most populous counties and identifies locale as one important variable, along with certain case types, results, and characteristics. An empirically moored understanding of the causes of case disposition time will assist public policy and reform efforts that seek to make civil justice speedier and, as a consequence, more inexpensive and just. Findings from this study call into …


Shedding A Little Light On A Well-Kept Secret, Malinda L. Seymore Jul 2000

Shedding A Little Light On A Well-Kept Secret, Malinda L. Seymore

Faculty Scholarship

No abstract provided.


Foreword, James D. Cox Jul 2000

Foreword, James D. Cox

Law and Contemporary Problems

No abstract provided.


Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox Jul 2000

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.


Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort Jul 2000

Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort

Law and Contemporary Problems

There can be no successful reform of the system of capital-raising regulation in the US without rethinking the liability regime. Reform is long overdue and can readily be accomplished in a way that does not unnecessarily compromise investor protection.


Internationalization Of Primary Public Securities Markets, Hal S. Scott Jul 2000

Internationalization Of Primary Public Securities Markets, Hal S. Scott

Law and Contemporary Problems

No abstract provided.


Measuring Securities Market Efficiency In The Regulatory Setting, Randall S. Thomas, James F. Cotter Jul 2000

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.


Appendix: Conference Participants Jul 2000

Appendix: Conference Participants

Law and Contemporary Problems

No abstract provided.


Kids Who Kill: A Critique Of How The American Legal System Deals With Juveniles Who Commit Homicide, Mirah A. Horowitz Jul 2000

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.


The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy Jul 2000

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.


Book Review Of Communists On Campus: Race, Politics, And The Public University In Sixties North Carolina, William W. Van Alstyne Jul 2000

Book Review Of Communists On Campus: Race, Politics, And The Public University In Sixties North Carolina, William W. Van Alstyne

Popular Media

This review finds William Billingsley's work to be a detailed and well-organized account of the North Carolina speaker's ban. The book avoids over-generalization and a lack of focus by honing in on this one particular story and examining it in great detail, rather than trying to provide a broad overview of similar situations across the country.


Facilitative Mediator Responds, A, Zena Zumeta Jul 2000

Facilitative Mediator Responds, A, Zena Zumeta

Journal of Dispute Resolution

I appreciate the thoughtfulness and conclusions of Professor Jeffrey Stempel in his article. His title, "The Inevitability of the Eclectic," seems completely right to me. Most mediators I know who have had training in mediation are more eclectic than squarely in one camp or another. They use techniques that are geared both to their own personalities and to the needs of the case. This, indeed, is a level of sophistication that is a heartening indication of the maturity of the field of mediation. However, there are many points in Stempel's argument that I disagree with, including some of his most …


Faithful, Gary L. Gill-Austern Jul 2000

Faithful, Gary L. Gill-Austern

Journal of Dispute Resolution

The term "facilitative mediation" reminds me of the term "Old Testament." As we Jews from time to time have reminded Christians, the Jewish people call their canon the Tanakh, or, in English, the Hebrew Scriptures. That the same thirty-nine books - Genesis, Exodus, and so on - are labeled "Old Testament" by others indicates that another (later) religious community believes that an event occurred that requires what came before to be interpreted through the prism of an intervening event or reality. For Christians, this is expressed in the New Testament. Returning, then, to the current discussion, it takes a partisan …


Blended Sentencing In Montana: A New Way To Look At An Old Problem, Robert E. Henderson Jul 2000

Blended Sentencing In Montana: A New Way To Look At An Old Problem, Robert E. Henderson

Montana Law Review

Blended Sentencing in Montana


Introduction To The Montana Field Code, Andrew P. Morriss Jul 2000

Introduction To The Montana Field Code, Andrew P. Morriss

Montana Law Review

Introduction to the Montana Field Code


The Personal Side Of A Deanship, David E. Shipley Jul 2000

The Personal Side Of A Deanship, David E. Shipley

Scholarly Works

So why have I been deaning for over 10 years? I do, in fact, enjoy most aspects of the job including the many challenges, the fact that there is nothing routine about the work, and the many public aspects of the position such as receptions, bar meetings, tailgate parties, law review banquets, and bar luncheons. I enjoy students. We would not have these wonderful jobs in law teaching without them. I like faculty and still think of myself as a law professor first. It is fun to do alumni relations and developmental work, and I would love to have more …


Challenges For Cause, Stand-Asides, And Peremptory Challenges In The Nineteenth Century, R. Blake Brown Jul 2000

Challenges For Cause, Stand-Asides, And Peremptory Challenges In The Nineteenth Century, R. Blake Brown

Osgoode Hall Law Journal

This article examines the substantial differences that emerged during the nineteenth century between the law of England, the United States, and Canada regarding challenges for cause, stand-asides, and peremptory challenges in the jury selection process. The author argues that these differences stemmed from the unique social conditions of each country. The emergence of legal formalism-with its emphasis on certainty and predictability in the law-affected the development of jury challenges, though the result of formalist thinking had very different effects in all three jurisdictions. In addition, Canadian law regarding jury challenges reveals the influence of both American and English legal trends.


The Dissenting Opinion: Voice Of The Future?, Claire L'Heureux-Dube Jul 2000

The Dissenting Opinion: Voice Of The Future?, Claire L'Heureux-Dube

Osgoode Hall Law Journal

Madame Justice L'Heureux-Dubé explores the history and the role of dissenting opinions in Canadian law. She argues that dissents contribute to the development of the law through their prophetic potential. Dissents are also fundamental elements of judicial discourse, serving to safeguard the integrity of the decisionmaking process and judicial independence. The Canadian legal tradition, like its American counterpart, provides numerous examples of why, in 1951, future Chief Justice Bora Laskin praised the "precious right" to dissent. Unanimity is not indispensable for judicial legitimacy or legal stability. In fact, the presence of judicious dissents can portray the true complexity of legal …


Timing Matters: Promoting Forum Shopping By Insolvent Corporations, Randall Thomas, Robert K. Rasmussen Jul 2000

Timing Matters: Promoting Forum Shopping By Insolvent Corporations, Randall Thomas, Robert K. Rasmussen

Vanderbilt Law School Faculty Publications

Most commentators decry forum shopping. This general hostility extends to forum shopping by firms filing for bankruptcy. Indeed, Congress is considering legislation designed to reduce forum shopping by companies filing for bankruptcy. This article makes two contributions to this debate. First, we show that the current debate is driven almost exclusively by attorneys trying to protect fees rather than by any principled objection to forum shopping. Second, on the merits, we argue that the hostility to forum shopping is misplaced. The near universal condemnation of forum shopping rests on the premise that, at the time the plaintiff selects a forum, …


Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones Jul 2000

Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones

Vanderbilt Law School Faculty Publications

This Article serves is a sequel to a previous Article: Sex, Culture, and the Biology of Rape: Toward Explanation and Prevention, 87 Cal. L. Rev. 827 (1999). Part I briefly considers the threshold question: why consider the behavioral biology of sexual aggression at all? Part II proposes that the first step in transitioning to a more accurate and more useful model of rape behavior is to avoid a number of common definitional ambiguities that plague most rape discussions. Because those ambiguities are particularly likely to foster misunderstandings about biobehavioral perspectives, Part II also clarifies the scope of what biobehavioral theories …


Measuring Securities Market Efficiency In The Regulatory Setting, Randall Thomas, James F. Cotter Jul 2000

Measuring Securities Market Efficiency In The Regulatory Setting, Randall Thomas, James F. Cotter

Vanderbilt Law School Faculty Publications

In the "Aircraft Carrier," the Securities and Exchange Commission (SEC) proposed changes in federal securities disclosure requirements in an attempt to enhance and facilitate the process of issuing new securities. Under the proposed regulatory regime, the registration process would be simplified so that many larger, more experienced issuers would be able to use a new, shorter registration statement called Form B (as opposed to the more extensive Form A) whenever they sell securities to the public. To qualify to use Form B, a company with at least twelve months reporting history under the Exchange Act must either have a public …


Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin Jul 2000

Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In Daubert v. Merrell Dow Pharmaceuticals Inc., the Supreme Court sensibly held that testimony purporting to be scientific is admissible only if it possesses sufficient indicia of scientific validity. In Kumho Tire Co. v. Carmichael, the Court more questionably held that opinion evidence based on "technical" and "specialized" knowledge must meet the same admissibility threshold as scientific testimony. This Article addresses the implications of these two decisions for opinion evidence presented by mental health professionals in criminal trials.


The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer Jul 2000

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.


Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann Jul 2000

Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann

Scholarly Works

Money laundering investigations have been much in the news of late. There have been stories that Radil Salinas de Gortari laundered kickbacks from drug traffickers while his brother was President of Mexico. That Ferdinand Marcos stashed nearly half a billion dollars in Swiss banks while he ruled the Philippines. That two of Mexico's largest banks have pleaded guilty to laundering charges stemming from a controversial U.S. sting operation. That the former prime minister of Ukraine pleaded guilty to Swiss charges that he laundered $9 million in stolen funds, even as he faced U.S. charges of laundering $114 million. And, of …


Deconstructing The Debate Over State Taxation Of Electronic Commerce, Walter Hellerstein Jul 2000

Deconstructing The Debate Over State Taxation Of Electronic Commerce, Walter Hellerstein

Scholarly Works

Elsewhere on these pages, the distinguished economist Charles McLure begins his contribution to the debate over taxation of electronic commerce by observing that “America is focusing on the wrong issues in debating the taxation of electronic commerce ....” He proceeds to provide a fundamental critique of the states' existing sales tax regimes and he lays out a roadmap for radical reform of the system that would, in the course of curing the basic defects in the existing state sales tax structure, incidentally resolve many of the issues that currently dominate the debate over taxing electronic commerce. I do not disagree …


The Incredible Shrinking Law School, Phillip J. Closius Jul 2000

The Incredible Shrinking Law School, Phillip J. Closius

All Faculty Scholarship

The University of Toledo College of Law faculty and administration performed a task that may be unprecedented in modern American legal education. During a series of luncheon meetings we focused on the topic of enrollment--what size student body should we have given the realities of our market and the pedagogical goals we wish to achieve. We analyzed this issue without either an extensive reliance on our revenue stream or the risk of losing resources if we admitted fewer students. Since we administer both a full- and part-time (mainly evening) program, we also discussed our obligation to serve our metropolitan community …


Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell Jul 2000

Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell

All Faculty Scholarship

In the December 1999 issue of AALL Spectrum, Charles Cronin provided a fine overview of the Uniform Computer Information Transactions Act (UCITA) and its potential impact on libraries. As he indicated, the National Conference of Commissioners on Uniform State Laws (NCCUSL) offered UCITA to several state legislatures for consideration, with Maryland and Virginia vying to become the first state to enact it. Virginia, whose legislative session began a couple of months before Maryland’s and whose process did not allow much opposition, was first across the line. However, one amendment, included near the end of the process, delayed implementation of the …