Law Commons^™

Fear Of Formalism: Indications From The Fascist Period In France And Germany Of Judicial Methodology’S Impact On Substantive Law, Vivian Grosswald Curran

Cornell International Law Journal

No abstract provided.

U.S. Economic Sanctions Regarding The Proliferation Of Nuclear Weapons: A Call For Reform Of The Arms Export Control Act Sanctions, Sarah P. Schuette

Cornell International Law Journal

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 35, Number 2, Fall 2001

Nebraska Transcript

2 New Dean Steve Willborn Sees College’s Mission as ‘Changing Trajectory of Students’ Lives’

4 Former Dean Harvey Perlman Appointed UNL Chancellor

7 Breaking Ground

10 Kauffman Family Gift to Improve Student Writing

12 Celebration Dinner Honors Two Remarkable Professors

14 Graduation 2001

16 Honor Classes Return To Pay Tribute to Past, Offer Advice

for Future

18 It’s a Family Affair

20 Law College Faculty, Students Bring Skills Training to Balkans

22 Experimental Class Puts Legal Writing in Realistic Context

24 Alumni Council Awards to Honor Special Contributions to College

30 Humanitarian Intervention and International Law In the

New Millennium …

The Eggshell Skull Rule And Related Problems In Recovery For Mental Harm In The Law Of Torts, Dr. J. Stanley Mcquade

Campbell Law Review

The theme of this article is the place, actual and proposed, of the "thin skull" rule in relation to mental harm.

Invisible Markets Netting Visible Results: When Sub-Prime Lending Becomes Predatory, Cassandra Jones Havard

All Faculty Scholarship

In this article, I argue that Ellison's metaphor of social invisibility—the societal undervaluing of minorities—is analogous to economic invisibility—the denial of fair access to credit to minorities. I then use the metaphor of invisibility as a basis for understanding the contemporary legal problem of predatory lending, or making credit available to borrowers at unreasonably high interest rates. Disguised as credit access to high-risk, underserved borrowers, predatory lending helps to create risk by offering borrowers products that do not adequately measure risk and that are not fairly priced.

The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld

All Faculty Scholarship

As readers of crime novels know, there are many definitions of the perfect caper. Under most, the perpetrator gets to keep its ill-gotten gains and goes unpunished. Even if the perpetrator is arrested and brought to trial, he or she still typically escapes punishment completely due to a variety of unusual circumstances. This is essentially what Professors John E. Lopatka and William H. Page are arguing about Microsoft's actions. They assert that even though Microsoft has violated the antitrust laws, it will not be made to pay for its anticompetitive conduct, at least not by private plaintiffs.

Court Review: Volume 38, Issue 3 - “You Don’T Have To Hear, Just Interpret!”: How Ethnocentrism In The California Courts Impedes Equal Access To The Courts For Spanish Speakers, Roxana Cardenas

Court Review: Journal of the American Judges Association

This article analyzes the legal field’s apparent lack of interest in interpreter-related problems as a major barrier to ensuring equal access to the courts for Spanish speakers. It also seeks to dispel certain myths or misinformation about the function of interpreters by delving into a particular infamous case that involved the misuse of interpreters: the O.J. Simpson case.

Court Review: Volume 38, Issue 3 - On The Importance Of Suggestibility Research In Assessing The Credibility Of Children’S Testimony, David A. Martindale

Court Review: Journal of the American Judges Association

In the spring of 1999, Professor Thomas Lyon of the University of Southern California Law School published a lengthy law review article in which he argued that the introduction into evidence of research on the suggestibility of child witnesses was not of assistance to triers of fact.1 Lyon’s article has found its way into judicial training packets and has been posted to electronic bulletin boards sponsored by organizations with interest in custody evaluations, psychology and law, and related topics. Because judges are soon likely to encounter arguments based upon Lyon’s article, I wish to alert judges to what I believe …

Court Review: Volume 38, Issue 3 - On Judicial Independence Under Pressure, Procter Hug Jr.

Court Review: Journal of the American Judges Association

Although our legal system is the envy of much of the world, we hear much criticism in our own country of lawyers and judges. But we should take real pride in the contribution of judges and lawyers to the formation of our country. Of the 55 delegates to amend the Articles of Confederation, which we now call the Constitutional Convention, 60% were lawyers or judges. Throughout the succeeding years, lawyers and judges have guided the continuing development of our system of government. I stress continuing development because it is not something like climbing a hill when we can say, “Ahhah! …

Court Review: Volume 38, Issue 2 - No Longer Speaking In Code, Rodney Davis

Court Review: Journal of the American Judges Association

In October 2000, 90 of the 100 appellate and supreme court justices of California were attending their annual appellate institute when Bryan Garner lectured on judicial writing and proposed dropping citations into footnotes. Garner was persuasive and when he announced his “altar call” through a show of hands of judges that were willing to change, I, along with a clear majority of those present, indicated that we were. Yet, a year after that institute only five of us have adopted Garner’s suggestion. I believe I know why.

Court Review: Volume 38, Issue 3 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 3 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 3 - Editor's Note

Court Review: Journal of the American Judges Association

Our issue begins with Judge Procter Hug, Jr.’s thoughts on judicial independence under pressure. We reprint the remarks he gave as the featured speaker at the American Judges Association’s annual educational conference in October 2001. Judge Hug’s comments, as well as those of AJA president Bonnie Sudderth in her president’s column, deal with issues faced by judges in times of crisis, including in the aftermath of the September 11, 2001 terrorist attacks in the United States.

Court Review: Volume 38, Issue 2 - Afterword, Bryan A. Garner

Court Review: Journal of the American Judges Association

That said, Judge Posner’s response here is off the mark (he doesn’t distinguish citational from substantive footnotes, and therefore doesn’t address my main thesis), based on an irrelevant standard (our opinions are short enough as it is), self-contradictory (a judge can always use footnotes to shorten the text), and downright quirky (opinions shouldn’t have a “spurious air of scholarship”). Although opinions may not be scholarship, their very essence is reasoning, and the citations that judges now throw on the page can obscure the reasoning for both the reader and the writer.

Court Review: Volume 38, Issue 3 - Recent Civil Decisions Of The United States Supreme Court: The 2000-2001 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

The Supreme Court’s role in the 2000 presidential election sparked intense national debate and will be the sole decision for which this term will be remembered. Although no other decisions rose to same level of political or popular significance, the Court confronted various civil-law topics of particular interest. Among them were issues concerning immigrant rights, interpretation of significant statutes such as the Americans with Disabilities Act, and important matters regarding the First Amendment and federalism.

Court Review: Volume 38, Issue 3 - Let’S Not Exaggerate The Suggestibility Of Children, Thomas D. Lyon

Court Review: Journal of the American Judges Association

I’m grateful to Dr. Martindale for introducing the reader to an important and lively debate among practitioners and academics over the relevance of recent research on children’s suggestibility. In my Cornell Law Review article, I argued that the recent research on suggestibility was inspired by highly coercive interviewing techniques in widely publicized cases that are not the norm in child sexual abuse investigations. These techniques include telling children that they have been abused, telling children that a particular person is the abuser, and asking children to imagine details regarding how abuse could have taken place. Moreover, I argued that the …

Court Review: Volume 38, Issue 3 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 2 - The Resource Page: Focus On Legal Writing

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 3 - President's Column, Bonnie Sudderth

Court Review: Journal of the American Judges Association

Benjamin Franklin, one of America’s founding fathers, was said to have remarked that anyone who would sacrifice liberty for the sake of safety deserved neither. Yet that is exactly the balancing act that the United States, and indeed other free nations, face as we endure the aftermath of September 11. Will September 11 be remembered as the day that our liberties were tested and lost? Or will it be the day that we began a serious debate over how much, if any, liberty we as a nation can sacrifice for the sake of safety and still be a nation of …

Court Review: Volume 38, Issue 3 - Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Trade With Africa: A Great Opportunity For Miami-Dade County, Miami-Dade Mayor Alex Penelas

University of Miami International and Comparative Law Review

No abstract provided.

Introduction, Tony Okonmah

University of Miami International and Comparative Law Review

No abstract provided.

Trade Liberalization: Savior Or Scourge Of Sadc Economies?, Ben Chigara

University of Miami International and Comparative Law Review

No abstract provided.

Prosecution Of War Crimes By The International Criminal Tribunal For Rwanda, Dr. Alex Obote Odora

University of Miami International and Comparative Law Review

No abstract provided.

International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija

University of Miami International and Comparative Law Review

No abstract provided.

The Depiction Of Law In African Literary Texts, Emmanuel Yewah

University of Miami International and Comparative Law Review

No abstract provided.

The Implementation Of Ecowas' New Protocol And Security Council Resolution 1270 In Sierra Leone: New Developments In Regional Intervention, Ademola Abass

University of Miami International and Comparative Law Review

No abstract provided.

Notre Dame Lawyer - Fall/Winter 2001, Notre Dame Law School

Notre Dame Lawyer

After September II: Challenges, Choices

Combating Terrorism through Law Enforcement
The War and Human Rights
Civil Remedies for Victims of Terrorist Attacks
Practicing Immigration Law on September II

Justice Antonin Scalia, 2001 Clynes Visiting Professor of Judicial Ethics

Law Library Dedicates New Endowed Collections

Capitalizing On Market Reforms: Facets Of Legal Development In Contemporary China, Stefanie Elbern

Human Rights & Human Welfare

A review of:

Law and Justice in China’s New Marketplace by Ronald C. Keith and Zhiqiu Lin. New York: Palgrave, 2001. 315pp.

and

Profits and Principles: Global Capitalism and Human Rights in China by Michael A. Santoro. Ithaca, NY: Cornell University Press, 2000. 256pp.

Putting The Lid On State-Sanctioned Cartels: Why The State Action Doctrine In Its Current Form Should Become A Remnant Of The Past, Aaron C. Stine, Eric D. Gorman

University of Miami Law Review

No abstract provided.