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2001

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Articles 6721 - 6750 of 9193

Full-Text Articles in Law

Extraterritorial Merger Regulation: Policies, Problems And A Proposal Explored Through The Planned Dow Chemical And Union Carbide Merger, Stacy L. Eberhart Jan 2001

Extraterritorial Merger Regulation: Policies, Problems And A Proposal Explored Through The Planned Dow Chemical And Union Carbide Merger, Stacy L. Eberhart

Cardozo Journal of International and Comparative Law

The note examines the inefficiencies of the current dual merger regulation system between the U.S. and EU, particularly in cases involving large corporations like Dow Chemical and Union Carbide. It argues that the similar approval processes of both jurisdictions lead to redundant filings and wasted resources. The note proposes a reformed system where mergers are primarily regulated by the jurisdiction where the companies are incorporated, with joint regulation only in specific circumstances, such as significant market impact or monopolies.

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Cross-Border Insolvencies, Section 304 And Reforming Mexican Insolvency Law, Andrea B. Sluchan Jan 2001

Cross-Border Insolvencies, Section 304 And Reforming Mexican Insolvency Law, Andrea B. Sluchan

Cardozo Journal of International and Comparative Law

The note argues that Section 304 of the U.S. Bankruptcy Code is a critical mechanism for addressing cross-border insolvencies, particularly between the U.S. and Mexico, despite its limitations. It highlights the need for a unified approach, such as the UNCITRAL Model Law, to handle the complexities of global trade and investment effectively.

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The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel Jan 2001

The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel

Cardozo Journal of International and Comparative Law

The note explores the tension between individual human rights under international law and state interests in combating cross-border crime, focusing on the doctrine of noninquiry in extradition cases. It argues that while the Convention Against Torture imposes obligations to prevent extradition to situations of torture, the doctrine of noninquiry—where courts avoid scrutinizing the requesting state’s justice system—remains crucial for maintaining separation of powers and diplomatic relations. The analysis highlights the balancing act between protecting human rights and ensuring international cooperation in law enforcement.

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An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan Jan 2001

An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan

Scholarly Publications

Compared to Fourth Amendment jurisprudence more generally, with its well-earned reputation for complexity and variability, the search incident to arrest exception to the Amendment's warrant requirement would appear an oasis of consistency. The exception affords police an unqualified right to search anyone they arrest, without first obtaining a search warrant from a neutral judicial official. This right extends to the bodies of all arrestees, their area of "immediate control," and, if driving a car, the interior of the car and any containers located therein

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Public Trust And Distrust: The Theoretical Implications Of The Public Trust Doctrine For Natural Resource Management, Erin Ryan Jan 2001

Public Trust And Distrust: The Theoretical Implications Of The Public Trust Doctrine For Natural Resource Management, Erin Ryan

Scholarly Publications

This essay reviews the theoretical underpinnings of the public trust doctrine, received at common law and constitutionalized in many states, and explores its contentious reception by green legal theorists. Since Professor Joseph Sax's revival of the ancient common law doctrine as a vehicle for environmental advocacy in the early 1970s, it has been hailed by many environmentalists as the most powerful tool available for protecting natural resource commons. At the same time, however, it has been attacked by others who argue that use of the property rights-based doctrine reifies an ownership approach to natural resources and obstructs the development of …

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Still Not Behaving Like Gentlemen, Ann Bartow Jan 2001

Still Not Behaving Like Gentlemen, Ann Bartow

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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[Introduction To] Uneven Ground: American Indian Sovereignty And Federal Law, David E. Wilkins, K. Tsianina Lomawaima Jan 2001

[Introduction To] Uneven Ground: American Indian Sovereignty And Federal Law, David E. Wilkins, K. Tsianina Lomawaima

Bookshelf

In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. Yet these gains have not gone unchallenged. Starting in the late 1980s, states have tried to regulate and profit from casino gambling on Indian lands. Treaty rights to hunt, fish, and gather remain hotly contested, and traditional religious practices have been denied protection. Tribal courts struggle with state and federal courts for jurisdiction. David E. Wilkins and K. Tsianina Lomawaima discuss how the political …

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Just Being A Lawyer: Reflections On The Legal Ethics Of A President Under Impeachment, John A. Humbach Jan 2001

Just Being A Lawyer: Reflections On The Legal Ethics Of A President Under Impeachment, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The core vice that Posner finds in Clinton’s efforts to contain the truth of the Lewinsky affair is very similar to a fault the public perceives in the behavior of lawyers generally. Namely, lawyers often try to obscure or distract from factual truth order to prevent the law from applying as intended. Most of this avoidance behavior is technically lawful because, for pragmatic reasons, allowances for such avoidance have been deliberately built into the criminal laws against perjury, obstruction of justice and the like. These allowances are a compromise that the law makes with morals so its criminal prohibitions will …

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The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin Jan 2001

The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This Article analyzes the different modes in which two facially similar adversarial systems remedy wrongful convictions. Part I briefly examines the origins of wrongful convictions in both England and the United States. Part II describes the appellate processes in the two countries for correcting wrongful convictions. Part III addresses the processes for correcting wrongful convictions after the appellate processes have been completed. Part IV critiques the English process and examines whether aspects of that process may be carried over to the United States.

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The Academic Support Student In The Year 2010, Leslie Yalof Garfield Jan 2001

The Academic Support Student In The Year 2010, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Academic support professionals have long recognized the benefits of imparting a greater knowledge of learning skills to law students as a way to enhance their ability to learn the law. Consequently, the science and pedagogy of academic support have become a staple of legal education. However, while the need for academic support remains a constant, the identification of those in need of academic support programs continues to be in flux. Growing social awareness of an expanded definition of diversity, recent decisions such as Hopwood v. Texas and the proliferation of academic support programs have expanded the definition of the academic …

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Deja Vu All Over Again, Gary A. Munneke Jan 2001

Deja Vu All Over Again, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Why talk about the future at all? As a professor I am a student of change. But do forecasts about the future matter to the average practitioner. My answer is a resounding YES! To understand my attitude, it's important to look at the work of the Futurist Committee of the ABA Law Practice Management Section.

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Good Enough For Government Work? The Tension Between Uniformity And Differing Regional Values In Administering The Federal Death Penalty, Rory K. Little Jan 2001

Good Enough For Government Work? The Tension Between Uniformity And Differing Regional Values In Administering The Federal Death Penalty, Rory K. Little

Faculty Scholarship

No abstract provided.

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Recurring Problems In Indian Gaming, Kevin Washburn Jan 2001

Recurring Problems In Indian Gaming, Kevin Washburn

Faculty Scholarship

This essay briefly summarizes the history and legal framework of Indian gaming, describes the recent growth in the industry, and discusses some of the legal controversies that have been repeated across the country as states and tribes adjust to their respective roles in the Indian gaming industry.

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Strengthening Tribal Sovereignty Through Indian Participation In American Politics: A Reply To Professor Porter, John P. Lavelle Jan 2001

Strengthening Tribal Sovereignty Through Indian Participation In American Politics: A Reply To Professor Porter, John P. Lavelle

Faculty Scholarship

A rebuttal to Porter's recent article The Demise of the Ongwehoweh and the Rise of the Native Americans: Redressing the Genocidal Act of Forcing American Citizenship upon Indigenous Peoples

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Integrating Indian Law Into A First Year Legal Writing Course, Barbara P. Blumenfeld Jan 2001

Integrating Indian Law Into A First Year Legal Writing Course, Barbara P. Blumenfeld

Faculty Scholarship

When the author designed the appellate problem for first-year law students, she chose Indian Law because the learning experience transcends subject-specificity. The author discusses how she designs the problem and introduces it to students, and notes reactions from students as they research and prepare their brief.

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From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr Jan 2001

From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr

Faculty Scholarship

This article concerns the moral conceptions of justice and whether there should be an international legal right to kidnap individuals accused of gross human rights violations, and whether they should be brought before national and international judicial forums. This focus is based around the case of Dr. Humberto Alvarez Machain, a Mexican citizen, who was kidnapped from his medical office in Guadalajara, Mexico, at the behest of United States Drug Enforcement Agents (DEA) in 1990.

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Television And Societal Effects: An Analysis Of Media Images Of African-Americans In Historical Context, Sherri L. Burr Jan 2001

Television And Societal Effects: An Analysis Of Media Images Of African-Americans In Historical Context, Sherri L. Burr

Faculty Scholarship

This paper takes a historical approach to the depictions of African-Americans in television in the five decades since the 1950s and links those images to the changing roles and perceptions of African-Americans in society. Part I discusses the various television shows from the 1950s to the 1990s that featured African-Americans and have had a societal impact. Part II analyzes the chicken/egg relationship between networks and advertisers and asks whether television, given the economic forces affecting it, can be used as a force for change. Part III explores how these television images have affected foreigners and children. Television remains "without a …

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Staying Alive: Executive Clemency, Equal Protection, And The Politics Of Gender In Women's Capital Cases, Elizabeth Rapaport Jan 2001

Staying Alive: Executive Clemency, Equal Protection, And The Politics Of Gender In Women's Capital Cases, Elizabeth Rapaport

Faculty Scholarship

In this Article, I will review the matrix in which executive decisions in women's capital clemency cases are made, a matrix supplied by modern equal protection law, the nature and scope of the clemency power, gender politics, and contemporary death row. I will then conduct two thought experiments. Each invented case tests the relevance of gender in legally and politically acceptable contemporary clemency decisions. The goal is to understand the politics and law of granting or denying that very rare boon-commutation of sentence - to a female death row prisoner. The exercise offers support for two conclusions. In the age …

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Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez Jan 2001

Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez

Faculty Scholarship

Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization

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Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya Jan 2001

Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya

Faculty Scholarship

The fifth annual Latina/o critical legal theory ("LatCrit") conference was held on May 4-7, 2000 in Breckenridge, Colorado. The mountain resorts of Colorado present an almost metaphorical location for a critical theory meeting. The majesty and apparent harmony of the natural environment contrast so vividly with the cotidian conflicts in the human environment, and the elites exhibit a banal oblivion to the vicious racial and class-based violence that provide the grist for critical theorists. These resort locations dedicated to a lifestyle of money, recreation and pampering and infused with the invisible oxygen of privilege offer a space for theoretical work …

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The Georgia Immigration Pardons: A Case Study In Mass Clemency, Elizabeth Rapaport Jan 2001

The Georgia Immigration Pardons: A Case Study In Mass Clemency, Elizabeth Rapaport

Faculty Scholarship

The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) enlarged the class of aliens subject to mandatory deportation as "aggravated felons" under the Immigration and Nationality Act. There is only one way of avoiding deportation where a non-citizen has at any time in the past been convicted of an offense triggering removal, and that is to obtain a pardon. Over the 15-month period ending in June of 2001, the Georgia Board of Pardons and Parole granted 138 pardons to permanent resident aliens who had suddenly found themselves subject to deportation under IIRAIRA. Recipients of these pardons included people who …

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Cleaning Up The Tracks: Superfund Meets Rails-To-Trails, Clifford J. Villa Jan 2001

Cleaning Up The Tracks: Superfund Meets Rails-To-Trails, Clifford J. Villa

Faculty Scholarship

For more than one hundred years, railroad cars rumbled and roared along tracks in the Coeur d'Alene River Basin, serving the mining industry in the Panhandle of northern Idaho. As in many parts of the American West, the history of railroads in northern Idaho largely reflects the history of mining in the region. The first gold was discovered in this area in 1883, the same year that the area saw its first line of the Northern Pacific Railroad. In 1885, the Bunker Hill mine was established near the present town of Kellogg. Four years later, the first rail line of …

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Whither The Accountability Theory: Second-Class Status For Third-Party Refugees As A Threat To International Protection, Jennifer Moore Jan 2001

Whither The Accountability Theory: Second-Class Status For Third-Party Refugees As A Threat To International Protection, Jennifer Moore

Faculty Scholarship

This article cautions that the accountability theory strikes at the very heart of international protection, by threatening the international consensus underlying the provision of asylum to refugees. Part 2 presents a conceptual analysis of the accountability theory and its fundamental inconsistency with the principle of refugee protection. This philosophical approach is followed in Part 3 by a pragmatic examination of the impact of the accountability theory in the context of a regional burden-sharing regime that allows a European State, under certain circumstances, to return an asylum seeker to the country of first asylum. Part 3 concentrates on two asylum cases …

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Did The Fifteenth Amendment Apply In Bush V. Gore, Alfred Dennis Mathewson Jan 2001

Did The Fifteenth Amendment Apply In Bush V. Gore, Alfred Dennis Mathewson

Faculty Scholarship

The story comes to mind now because the Supreme Court rendered its decision in Bush v. Gore1 without any reference to the Fifteenth Amendment in the opinion or any mention of it by any Justice or lawyer in the oral argument. The Amendment provides that "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude." If I had been a Justice I would have asked the lawyers whether the Fifteenth Amendment was at all relevant to …

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Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classes In Private Universities, Maryam Ahranjani Jan 2001

Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classes In Private Universities, Maryam Ahranjani

Faculty Scholarship

This Comment discusses the rationale underlying single-sex education and the diversity in its implementation. This Comment argues that not only are single-sex classrooms withing private undergraduate institutions legally unsound, but also that this approach fails to address long-term public policy concerns about the situation of women in education. As the United States grapples with education reform, it is far too easy to initiate Band-Aid solutions. Single-sex education, ranging from single-sex classrooms to single-sex public schools, should exist as an option, but Title IX and equal protection standards must be satisfied. The first section of this article discusses the historical perspective …

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The Uniform Mediation Act: To The Spoiled Go The Privileges, Scott H. Hughes Jan 2001

The Uniform Mediation Act: To The Spoiled Go The Privileges, Scott H. Hughes

Faculty Scholarship

The Uniform Mediation Act, as currently written and approved by NCCUSL, may unnecessarily cause the destruction of self-determination in many cases. The provisions demonstrate favoritism for mediators and may result in damage to the integrity of the process. Further, the nature of the provisions restricting the parties access to the exceptions to the privilege may both increase the number of lawsuits against mediators and also encourage wrongful behavior on the part of disputants. None of this will ultimately inure to the benefit of mediation as an institution. If it is necessary to have a privilege for mediation, certain elements should …

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Grooming Crossovers, Alfred Dennis Mathewson Jan 2001

Grooming Crossovers, Alfred Dennis Mathewson

Faculty Scholarship

This article is about the influence of African-American athletes on sports and sports law in the United States. It begins with an examination of the crossover Black athlete, one who is able to transcend color in popular consciousness and appeal to appeal to a racially diverse audience. This article studies African-American athletes from the 1950s to the present, and explores two distinct crossover models: the Jackie Robinson Model and the Orenthal James (O.J.) Simpson Model. The article argues that the initial wave of African-American athletes were groomed to integrate predominantly White educational and sports institutions. The article further maintains that …

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Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez Jan 2001

Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez

Faculty Scholarship

I have proposed a method of comparative analysis that respects culture by contextualizing analysis of women's issues. I believe that we can help women around the world improve their lives while retaining their cultural values and identity. We can use comparative law as a tool to help identify laws that successfully address women's needs and those that do not. Comparative theory does not posit an evaluation of the law determining which law or legal system is "better." Rather, comparative theory can illuminate differences based on systemic and cultural diversity. Understanding these differences can help us understand how best to use …

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The Politics Of Bush V. Gore, Evan Tsen Lee Jan 2001

The Politics Of Bush V. Gore, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

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Grand Perspectives On Evidence Law, Roger C. Park Jan 2001

Grand Perspectives On Evidence Law, Roger C. Park

Faculty Scholarship

No abstract provided.

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