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Articles 6781 - 6810 of 8642
Full-Text Articles in Law
The Perils Of Public Opinion, Deborah W. Denno
The Perils Of Public Opinion, Deborah W. Denno
Hofstra Law Review
This article discusses the significance of Paul Robinson’s and John Darley’s book, Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”), and why the book is an excellent springboard for further research comparing community standards and legal codes. However, contrary to Justice’s conclusions, this article particularly emphasizes the perils of incorporating public opinion into the law based upon three major sources: (1) this article's own study of national and New Jersey demographic and political affiliation data, (2) the results presented in Justice, and (3) the results of public opinion research.
This article suggests that public opinion research may …
Victims Of Abuse And Discrimination: Protecting Battered Homosexuals Under Domestic Violence Legislation, Pamela M. Jablow
Victims Of Abuse And Discrimination: Protecting Battered Homosexuals Under Domestic Violence Legislation, Pamela M. Jablow
Hofstra Law Review
No abstract provided.
Neil T. Shayne Memorial Lecture: Foreword, Chris Mcdonough
Neil T. Shayne Memorial Lecture: Foreword, Chris Mcdonough
Hofstra Law Review
No abstract provided.
The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond
The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond
Hofstra Law Review
No abstract provided.
Casey At The Bat: Judicial Treatment Of Mass Tort Litigation, Karen A. Geduldig
Casey At The Bat: Judicial Treatment Of Mass Tort Litigation, Karen A. Geduldig
Hofstra Law Review
No abstract provided.
The 1999 Amendments To The Ethical Considerations In New York's Code Of Professional Responsibility, Roy Simon
The 1999 Amendments To The Ethical Considerations In New York's Code Of Professional Responsibility, Roy Simon
Hofstra Law Review
I will focus tonight only on the 1999 Amendments to the Ethical Considerations ("ECs") in New York's Code of Professional Responsibility. There has not been a lot of attention paid to these Amendments, partly because the ECs are adopted only by the New York State Bar Association. They are not adopted by the courts. As such, they do not have Part 1200 numbers and are not part of the official compilation of New York Codes, Rules and Regulations ("NYCRR"). Therefore, when the stories came out in mid-July about the Amendments to the Code of Professional Responsibility, they generally did not …
The Misbegotten Libel-Proof Plaintiff Doctrine And The "Gordian Knot" Syndrome, Joseph H. King Jr.
The Misbegotten Libel-Proof Plaintiff Doctrine And The "Gordian Knot" Syndrome, Joseph H. King Jr.
Hofstra Law Review
No abstract provided.
Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer
Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer
Hofstra Law Review
In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status.
This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest …
Session Law 00-123, Florida Senate & House Of Representatives
Session Law 00-123, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 00-128, Florida Senate & House Of Representatives
Session Law 00-128, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 00-271, Florida Senate & House Of Representatives
Session Law 00-271, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 00-372, Florida Senate & House Of Representatives
Session Law 00-372, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 00-353, Florida Senate & House Of Representatives
Session Law 00-353, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Frankfurter And Wellington, Andrew L. Kaufman
One Solution For Managing Risks During Cutbacks In Residency Training Programs, Patrick Knott, Kathleen Ruroede
One Solution For Managing Risks During Cutbacks In Residency Training Programs, Patrick Knott, Kathleen Ruroede
RISK: Health, Safety & Environment (1990-2002)
Professors Knott and Ruroede examine the risks associated with downsizing and elimination of physician residency training programs.
Normalizing Novelty: Regulating Biotechnological Risk At The U.S. Epa, Les Levidow, Susan Carr
Normalizing Novelty: Regulating Biotechnological Risk At The U.S. Epa, Les Levidow, Susan Carr
RISK: Health, Safety & Environment (1990-2002)
Drs. Levidow and Carr examine EPA's regulation of biotechnology in the field of genetically modified organisms.
Looking Back: Unneeded X-Rays, Allan Mazur
Looking Back: Unneeded X-Rays, Allan Mazur
RISK: Health, Safety & Environment (1990-2002)
From the discovery of x-rays in 1896 to the present, Dr. Mazur explores the history of risk management of radiation exposure from x-rays and nuclear fallout.
Herbal Remedies Are Not Dietary Supplements: A Proposal For Regulatory Reform, Cary Elizabeth Zuk
Herbal Remedies Are Not Dietary Supplements: A Proposal For Regulatory Reform, Cary Elizabeth Zuk
UC Law SF Journal on Gender and Justice
Increasingly, consumers are turning to herbal remedies to help heal what ails them. This note explores the past and present regulation of herbal remedies. The Dietary Supplement Health and Education Act (DSHEA) of 1994 provided a convenient regulatory vehicle-"dietary supplements"-for herbal remedies to enter the market with labeling that claims a positive effect on the structure or function of the body or on one's general sense of well-being. This note argues that DSHEA fails as a regulatory system for herbal remedies. While it safeguards access to herbal remedies, DSHEA only allows vague labeling information suggesting the therapeutic potential of the …
Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones
Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones
UC Law SF Journal on Gender and Justice
The effectiveness of the legal system in preventing rape depends, in part, on the accuracy of the model of rape behavior on which it relies. To date, most models of rape reflect the disciplinary isolation of their proponents. In this article, Professor Jones argues that integrating life science and social science perspectives on sexual aggression can improve law's model of rape behavior and further our efforts to reduce the .incidence of rape. Extending his prior work on law, biology, and sexual aggression, Professor Jones addresses both why law's model of rape behavior can usefully incorporate insights from biobehavioral science in …
Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke
Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke
Richmond Journal of Global Law & Business
Sophisticated planning for the high net-worth United States citizens often includes the use of offshore variable life insurance. Such leading edge planning is accomplished through structures that provide income, gift, estate, and generation-skipping transfer tax planning not available domestically. In addition to providing sophisticated tax and estate planning benefits, variable life insurance policies issued by foreign-based carriers have numerous economic advantages.
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Richmond Journal of Law and the Public Interest
As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …
The Extradition Proceedings Against General Pinochet: A Case Study In The Emerging International System Of Criminal Justice, Lee _
Richmond Journal of Law and the Public Interest
The ruling of the House of Lords that General Pinochet can be extradited to Spain to stand trial for crimes against humanity lends support to the emerging theory of universal jurisdiction for certain crimes under international law. The following discussion of the elements of General Pinochet's case will show that the international community, by and large, is willing to sacrifice some national sovereignty in order to eradicate torture and other human rights violations. It will do so through an elucidation of the concepts of jus cogens, international ethics, head of state immunity, human rights crimes, universal jurisdiction, and extradition.
The Delivery Of Legal Services Through Multidisciplinary Practices, James M. Mccauley
The Delivery Of Legal Services Through Multidisciplinary Practices, James M. Mccauley
Richmond Journal of Law and the Public Interest
During the last decade, the "Big Six" accounting firms entered into the legal services market overseas by establishing, acquiring, or forming ties with law firms around the world. These entities or business relationships have been called "multidisciplinary practices" or MDPs. Unlike the United States, many European countries do not prohibit partnerships and fee splitting arrangements between lawyers and nonlawyers. The February 1998 issue of the American Bar Association Journal published an article entitled "Squeeze Play" describing a turf war between the major accounting firms and lawyers practicing law in Europe. KPMG Peat Marwick, Arthur Andersen, Ernst & Young, Price Waterhouse, …
Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis
Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis
Richmond Journal of Law and the Public Interest
The widespread success of charter school legislation has fostered a perception that charter schooling is apolitical and has clouded our understanding of the politics of the issue. In a case study of Virginia's charter school program, we suggest that three important political variables have been largely overlooked to date. The "weak" form of Virginia's charter school legislation can be attributed in large part to: (1) the schism between the educationally privileged communities of Northern Virginia and those of the rest of the state, (2) the lack of a perceived educational crisis, and (3) the vocal presence of minority opposition. Teacher …
Advertisements And Sponsorships In Charitable Cyberspace: Virtual Reality Meets Legal Fiction, Darryll K. Jones
Advertisements And Sponsorships In Charitable Cyberspace: Virtual Reality Meets Legal Fiction, Darryll K. Jones
Journal Publications
By now, it is perhaps cliche to quote Sir Walter Scott's familiar refrain' when referring to communications occurring via the World Wide Web (the Web). And yet, that age-old wisdom comes readily to mind when one considers the unrelated business income tax (UBIT) as it relates to charities that, for consideration paid, participate in a profit-seeker's web-based marketing communications. That first lie, to be precise, is that a charity's payment-induced, unlimited public display of a profit-seeker's logo, slogan and product, when unaccompanied by "comparative or qualitative descriptions" or explicit requests to buy, results in no trade or business income for …
Prejudice, Confusion, And The Bifurcated Civil Jury Trial: Lessons From Tennessee, Steven S. Gensler
Prejudice, Confusion, And The Bifurcated Civil Jury Trial: Lessons From Tennessee, Steven S. Gensler
Faculty Articles
No abstract provided.
Essay: What Price Paternity, Katheleen Guzman
Constructing Alternative Avenues Of Jurisdictional Protection: Bypassing Burnham's Roadblock Via § 1404(A), Phillip F. Cramer
Constructing Alternative Avenues Of Jurisdictional Protection: Bypassing Burnham's Roadblock Via § 1404(A), Phillip F. Cramer
Vanderbilt Law Review
A plaintiff from Maine sues an insurance company, incorporated in Maine and having its principal place of business in Maine, on a loss incurred in Maine under a contract negotiated, written, and executed in Maine. The plaintiff files the suit in Alabama to take advantage of its liability law, its statute of limitations, its juries, its rules of evidence, and its posture toward plaintiffs. The plaintiff serves a representative of the insurance company traveling in Alabama en route to an industry convention. For all the reasons the plaintiff seeks a forum in Alabama, the defendant wishes to avoid that forum. …
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Fordham International Law Journal
This Essay first reviews the controversy surrounding the issuance of procedures for amicus curiae submissions by the Appellate Body in E.C.—Asbestos. Second, it looks at the history and practice of amicus curiae briefs at the WTO. Third, the Essay looks at how in the United States an amicus curiae has changed from being a “friend of the court” to a “judicial lobbyist,” and specifically, focusing on the procedural approach taken by the U.S. Supreme Court in addressing the negative impact of such judicial lobbying. Finally, the Essay draws certain lessons from the U.S. experience and concludes that the Appellate Body …
How Is Convergence Best Achieved In International Project Finance?, Catherine Pédamon
How Is Convergence Best Achieved In International Project Finance?, Catherine Pédamon
Fordham International Law Journal
This Essay will first review and then analyze the characteristics of each of three possible routes of convergence in light of three features. The first is stability and predictability of the legal environment. It is the main benefit that private investors look for before investing in a country. The second is the scope of influence and lobbying of interest groups. This feature is extracted from an analysis of the adoption of uniform laws proposed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") by Professors Ribstein and Kobayashi. These authors find evidence of enactment by states of NCCUSL's …