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Articles 7021 - 7050 of 8640
Full-Text Articles in Law
Frankfurter And Wellington, Andrew L. Kaufman
The New Textualism And The Rule Of Law Subtext In The Supreme Court's Bankruptcy Jurisprudence, Alan Schwartz
The New Textualism And The Rule Of Law Subtext In The Supreme Court's Bankruptcy Jurisprudence, Alan Schwartz
NYLS Law Review
The Supreme Court is thought to use a method of statutory interpretation called "the new textualism" when construing Federal Statutes, including the Bankruptcy Code. The new textualism, in brief, ties interpreters more closely to the text than more traditional interpretative methods. This Essay inquires into the justifications for the new textualism, but its primary goal is to argue that the Court prefers an important justification of this interpretative method to the method itself. The justification holds that interpretation should advance the rule of law virtues of certainty and predictability. A court that is committed to the new textualism would construe …
The Theorist And The Man, Anthony Kronman
A Road Not Taken: Harry Wellington, Legal Process And Adjudication, Anthony Sebok
A Road Not Taken: Harry Wellington, Legal Process And Adjudication, Anthony Sebok
NYLS Law Review
No abstract provided.
The Double Jeopardy Category Is . .. Abortion Protest: United States V. Lynch, The United States' Appeal From A Criminal Acquittal In The Southern District Of New York, Christopher J. Bellotti
The Double Jeopardy Category Is . .. Abortion Protest: United States V. Lynch, The United States' Appeal From A Criminal Acquittal In The Southern District Of New York, Christopher J. Bellotti
NYLS Law Review
No abstract provided.
Redefining Science To Accommodate Religious Beliefs: The Constitutionality Of The 1999 Kansas Science Education Standards, Coleen M. Mcgrath
Redefining Science To Accommodate Religious Beliefs: The Constitutionality Of The 1999 Kansas Science Education Standards, Coleen M. Mcgrath
NYLS Law Review
No abstract provided.
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 …
Roundtable: Pro Bono And Volunteer Practices, Joan Vermeulen, Andrea Durbach, Jean-Luc Bedos, Sophie Forsyth, John Mckay
Roundtable: Pro Bono And Volunteer Practices, Joan Vermeulen, Andrea Durbach, Jean-Luc Bedos, Sophie Forsyth, John Mckay
Fordham International Law Journal
Joan Vermeulen led a panel discussion on the role of the private sector in addressing unmet legal needs in various country contexts. Countries represented were Australia (Andrea Durbach), France (Jean-Luc Bédos), the UK (Sophie Forsyth), and the United States (John McKay).
Foreward, Barry Kellman
Combating Impunity For International Crimes, M. Bassiouni
Combating Impunity For International Crimes, M. Bassiouni
College of Law Faculty
No abstract provided.
Searching For Justice In The World Of Realpolitik, M. Bassiouni
Searching For Justice In The World Of Realpolitik, M. Bassiouni
College of Law Faculty
No abstract provided.
Critical Race Coalitions: Key Movements That Performed The Theory, Sumi Cho, Robert Westley
Critical Race Coalitions: Key Movements That Performed The Theory, Sumi Cho, Robert Westley
College of Law Faculty
No abstract provided.
Using Bioethics Discourse To Determine When Parents Should Make Health Care Decisions For Their Children: Is Deference Justified, Jennifer Rosato Perea
Using Bioethics Discourse To Determine When Parents Should Make Health Care Decisions For Their Children: Is Deference Justified, Jennifer Rosato Perea
College of Law Faculty
No abstract provided.
The Future Claims Representative In Mass Tort Bankruptcy: A Preliminary Inquiry, Frederick Tung
The Future Claims Representative In Mass Tort Bankruptcy: A Preliminary Inquiry, Frederick Tung
Faculty Scholarship
Mass torts have becomemoved center stage in the courts, the academy, and the popular press. The plight of mass tort victims—asbestos victims, Dalkon shield users, breast implant recipients, among others—has become standard fare in the media., and cCourts and commentators have struggled for several decades attempting to craft just and workable solutionsresolutions of mass tort liabilities. The challenge is to save the business, restructuring its debts, while providing fair treatment to future claimants and achieving a final resolution of their rights against the business.