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Articles 7381 - 7410 of 8640
Full-Text Articles in Law
Federal Juvenile Waiver Practices: A Contextual Approach To The Consideration Of Prior Delinquency Records, Randie P. Ullman
Federal Juvenile Waiver Practices: A Contextual Approach To The Consideration Of Prior Delinquency Records, Randie P. Ullman
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, Forword: Ethics, Truth, And Justice In Criminal Litigation, Monroe H. Freedman
Ethics In Criminal Advocacy, Symposium, Forword: Ethics, Truth, And Justice In Criminal Litigation, Monroe H. Freedman
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor
Ethics In Criminal Advocacy, Symposium, The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor
Fordham Law Review
No abstract provided.
Waging A War On Drugs: Administering A Lethal Dose To Kendra's Law, Jennifer Gutterman
Waging A War On Drugs: Administering A Lethal Dose To Kendra's Law, Jennifer Gutterman
Fordham Law Review
No abstract provided.
Dedication: David N. Edelstein: A Servant Of Justice And Fordham, John D. Feerick
Dedication: David N. Edelstein: A Servant Of Justice And Fordham, John D. Feerick
Fordham Law Review
No abstract provided.
Dedication: Judge David N. Edelstein: My Boss, My Mentor, My Friend , Joseph B. Shumofsky
Dedication: Judge David N. Edelstein: My Boss, My Mentor, My Friend , Joseph B. Shumofsky
Fordham Law Review
No abstract provided.
Presidential Address: Contract Reading Revisited, Theodore J. St. Antoine
Presidential Address: Contract Reading Revisited, Theodore J. St. Antoine
Book Chapters
A quarter century ago, in a presentation at the Academy’s annual meeting, I used the phrase “contract reader” to characterize the role an arbitrator plays in construing a collective bargaining agreement. That two-word phrase may be the only thing I ever said before this body which has been remembered. Unfortunately, it is almost invariably misunderstood. Time and again members have reproached me: “What’s the big deal about contract reading, anyway? Isn’t it just the same as contract interpretation?” Or, more substantively scathing: “Do you really think, Ted, that all you have to do to interpret a labor agreement is to …
Concluding Thoughts: Bioethics In The Language Of The Law, Carl E. Schneider
Concluding Thoughts: Bioethics In The Language Of The Law, Carl E. Schneider
Book Chapters
What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical disputes are obliged to borrow in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits and tastes and thus the language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We must ask these questions because, as the incomparable Tocqueville foresaw, it has become American practice to resolve political—and moral—questions into judicial questions. We now reverently refer to the Supreme Court as the great …
Attempting To Ensure Fairness In The Glare Of The Media, Richard D. Friedman
Attempting To Ensure Fairness In The Glare Of The Media, Richard D. Friedman
Book Chapters
All legal systems worthy of credit have a commitment to achieving fairness between the parties to the litigation. In addition, common law legal systems have a longstanding commitment to openness in judicial proceedings. At the same time, and in part for the same reasons, they also have a longstanding commitment to freedom of expression. There is inevitably a tension among these three goals, because in cases of great public interest openness leads to publicity, and publicity may threaten or at least appear to threaten the fairness of a trial. In addition, sometimes publicity may create an intrusion on the lives …
On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar
On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar
Book Chapters
I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v Glucksberg and Vacco v Quill. I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.
Left Out In The Cold: The Problem With Aboriginal Title Under Section 35(1) Of The Constitution Act, 1982 For Historically Nomadic Aboriginal Peoples, Brian J. Burke
Osgoode Hall Law Journal
In R. v. Adams and Delgamuukw v. British Columbia, the Supreme Court of Canada made statements to the effect that certain historically nomadic Aboriginal groups may be unable to make out a claim for Aboriginal title under section 35(1) of the Constitution Act, 1982. In light of the anthropological evidence relating to the close connection some of these groups enjoyed with the lands they occupied, a serious injustice may arise if these groups are indeed barred from an Aboriginal title claim. The author attempts to correct this potential injustice by demonstrating that at least some of these historically nomadic groups …
Law's Expression: The Promise And Perils Of Judicial Opinion Writing In Canadian Constitutional Law, Paul Horwitz
Law's Expression: The Promise And Perils Of Judicial Opinion Writing In Canadian Constitutional Law, Paul Horwitz
Osgoode Hall Law Journal
This article argues that there is a link between one's theory of constitutional law, and one's judgments about style in judicial opinion writing. It identifies several special functions of the constitutional opinion, including the democratic function of responding to the counter-majoritarian difficulty through an act of public justification, and the inter-generational function of provoking a temporally extended dialogue about constitutional values. Drawing on these functions, it argues for an opinion writing style dubbed "open-textured minimalism," that seeks to resolve cases narrowly, articulate fundamental values and principles, and spark long-term debates about the underlying constitutional values supporting each decision. The author …
L'Intégration Des Valeurs Et Des Intérêts Autochtones Dans Le Discours Judiciaire Et Normatif Canadien, Andrée Lajoie, Eric Gélineau, Isabelle Duplessis, Guy Rocher
L'Intégration Des Valeurs Et Des Intérêts Autochtones Dans Le Discours Judiciaire Et Normatif Canadien, Andrée Lajoie, Eric Gélineau, Isabelle Duplessis, Guy Rocher
Osgoode Hall Law Journal
This article aims to define the degree to which values presented by groups representing Aboriginal interests in the Supreme Court of Canada have been integrated into the discourse of the Court and the decisions of political actors in Canada. The authors' analysis confirms the hypothesis that the Court, in contrast to its favourable treatment of private claims made by social minorities, is less receptive to the claims made by Aboriginals, a political minority whose claims are centered on political power and territory, issues that have been relegated to political negotiations. The significant difference between judicial and political decisionmakers concerning Aboriginal …
Information, Decisions, And The Limits Of Informed Consent, Carl E. Scheider, Michael H. Farrell
Information, Decisions, And The Limits Of Informed Consent, Carl E. Scheider, Michael H. Farrell
Book Chapters
For many years, the heart's wish of bioethics has been to confide medical decisions to patients and not to doctors. The favoured key to doing so has been the doctrine of informed consent. The theory of and hopes for that doctrine are well captured in the influential case of Caterbury v. Spence: '[t]rue consent to what happens to one's self is the informed exercise of a choice, and that entails an opportunity to evaluate knoledgeably the options available and the risks attendant upon each'.
The Paradoxes Of Free Software, Stephen M. Mcjohn
The Paradoxes Of Free Software, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
This paper describes the legal structure of open source software and analyzes the likely issues to arise. A combination of copyright law and trademark law serves to permit the free distribution of open source software. The software is kept under copyright, but freely licensed under one of various open source licenses. The legal structure of open source is an elegant and robust use of intellectual property law that turns the customary use of intellectual property on its head, by using intellectual property laws, which normally are used to guard exclusive rights, to safeguard free access to and use of software. …
The Culture Of Belief And The Politics Of Religion, William P. Marshall
The Culture Of Belief And The Politics Of Religion, William P. Marshall
Faculty Publications
No abstract provided.
Taking Economic Equality Off The Table, Gene R. Nichol
Taking Economic Equality Off The Table, Gene R. Nichol
Faculty Publications
No abstract provided.
Vol. 3, No. 2: Editor's Note, Amy W. Beatie
Vol. 3, No. 2: Table Of Contents, Water Law Review
Vol. 3, No. 2: Table Of Contents, Water Law Review
Water Law Review
No abstract provided.
From Grand Staircase To Grand Canyon Parashant: Is There A Monumental Future For The Blm, Bruce Babbitt
From Grand Staircase To Grand Canyon Parashant: Is There A Monumental Future For The Blm, Bruce Babbitt
Water Law Review
No abstract provided.
Safeguarding International River Ecosystems In Times Of Scarcity, A. Dan Tarlock
Safeguarding International River Ecosystems In Times Of Scarcity, A. Dan Tarlock
Water Law Review
No abstract provided.
Open Meetings And Open Records Laws: A Primer For Colorado Water Conservancy Districts, Lee E. Miller
Open Meetings And Open Records Laws: A Primer For Colorado Water Conservancy Districts, Lee E. Miller
Water Law Review
No abstract provided.
The Confluence Of A River And A Community: An Experiment With Community-Based Watershed Management In Southwestern Colorado, Sean T. Mcallister
The Confluence Of A River And A Community: An Experiment With Community-Based Watershed Management In Southwestern Colorado, Sean T. Mcallister
Water Law Review
No abstract provided.
Synopsis Of Major Documents And Events Relating To The Colorado River, Felix L. Sparks
Synopsis Of Major Documents And Events Relating To The Colorado River, Felix L. Sparks
Water Law Review
No abstract provided.
Protecting Public Values In A Water Market Setting: Improving Water Markets To Increase Economic Efficiency And Equity, Charles W. Howe
Protecting Public Values In A Water Market Setting: Improving Water Markets To Increase Economic Efficiency And Equity, Charles W. Howe
Water Law Review
No abstract provided.
Developing A Water Supply In Colorado: The Role Of An Engineer, Daniel S. Young, Duane D. Helton
Developing A Water Supply In Colorado: The Role Of An Engineer, Daniel S. Young, Duane D. Helton
Water Law Review
No abstract provided.
Selections Of Poetry, Greg Hobbs
James Lichatowich, Salmon Without Rivers: A History Of The Pacific Salmon Crisis, Jack Mcdonald
James Lichatowich, Salmon Without Rivers: A History Of The Pacific Salmon Crisis, Jack Mcdonald
Water Law Review
No abstract provided.
Friends Of The Earth, Inc. V. Laidlaw Envtl. Servs. Inc., 120 S. Ct. 693 (2000), Kristen L. Cassisa
Friends Of The Earth, Inc. V. Laidlaw Envtl. Servs. Inc., 120 S. Ct. 693 (2000), Kristen L. Cassisa
Water Law Review
No abstract provided.
Leblanc V. Cleveland, 198 F.3d 353 (2d Cir. 1999), Vanessa L. Condra
Leblanc V. Cleveland, 198 F.3d 353 (2d Cir. 1999), Vanessa L. Condra
Water Law Review
No abstract provided.