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Articles 6781 - 6810 of 9191
Full-Text Articles in Law
Limited Liability Companies In The Decade Of The 1990'S. Legislative And Case Law Developments And Their Implications For The Future, Charles W. Murdock
Limited Liability Companies In The Decade Of The 1990'S. Legislative And Case Law Developments And Their Implications For The Future, Charles W. Murdock
Faculty Publications & Other Works
No abstract provided.
October Term: 1999: The Supreme Court's Last Term Of The Twentieth Century, Increasing Deference To Administrative Agencies, Allen E. Shoenberger
October Term: 1999: The Supreme Court's Last Term Of The Twentieth Century, Increasing Deference To Administrative Agencies, Allen E. Shoenberger
Faculty Publications & Other Works
No abstract provided.
Back To The Future Due Process Analysis, John E. Nowak
Back To The Future Due Process Analysis, John E. Nowak
Faculty Publications & Other Works
No abstract provided.
On The Liability Of Corporate Directors To Holders Of Securities For Illegal Corporate Acts: Can The Tension Between The "Net-Loss" And "No-Duty-To-Disclose" Rules Be Resolved, Geoffrey Rapp
Fordham Journal of Corporate & Financial Law
No abstract provided.
Constitutional Economics And The Bank Of Russia, Peter Barenboim
Constitutional Economics And The Bank Of Russia, Peter Barenboim
Fordham Journal of Corporate & Financial Law
No abstract provided.
Response: Small Business Reorganization And The Sabre Proposals, Joseph A. Guzinsky
Response: Small Business Reorganization And The Sabre Proposals, Joseph A. Guzinsky
Fordham Journal of Corporate & Financial Law
No abstract provided.
Response To Eric Posner, Jean Braucher
Response To Eric Posner, Jean Braucher
Fordham Journal of Corporate & Financial Law
No abstract provided.
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
Corporate Groups And Crossborder Insolvencies: A Canada- United States Perspective, Jacob Zeigel
Corporate Groups And Crossborder Insolvencies: A Canada- United States Perspective, Jacob Zeigel
Fordham Journal of Corporate & Financial Law
No abstract provided.
The A.A. Sommer Annual Lecture On Corporate Securities & Financial Law, Foreward, John F.X. Peloso
The A.A. Sommer Annual Lecture On Corporate Securities & Financial Law, Foreward, John F.X. Peloso
Fordham Journal of Corporate & Financial Law
No abstract provided.
Altogether Fitting And Proper, Jonathan Van Patten
Altogether Fitting And Proper, Jonathan Van Patten
Faculty Publications
No abstract provided.
Closing The Floodgates: Making Persuasive Policy Arguments In Appellate Briefs, Ellie Margolis
Closing The Floodgates: Making Persuasive Policy Arguments In Appellate Briefs, Ellie Margolis
Montana Law Review
Making Persuasive Policy Arguments in Appellate Briefs
Legislative Analyst's Office, Celeste L. Toy
Legislative Analyst's Office, Celeste L. Toy
California Regulatory Law Reporter
No abstract provided.
A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka
A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka
Cardozo Journal of International and Comparative Law
The article explores the challenges in human rights protection by examining Mexico's struggle with narcotics trafficking. It highlights how corruption and ineffective law enforcement lead to both underpolicing and overpolicing, undermining the Rule of Law and human rights. The author advocates for a two-tiered strategy to develop the Rule of Law internationally and locally to address these issues effectively.
Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski
Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski
Cardozo Journal of International and Comparative Law
The article examines the decline of constitutional supremacy in the context of increasing international legal influences and the rise of supranational organizations. It argues that the traditional dualistic view of domestic and international law is no longer tenable, as national constitutions are no longer the sole supreme law. Instead, the legal landscape has become multifaceted, with overlapping national, supranational, and international legal structures. This shift is attributed to the erosion of state sovereignty and the integration of international law into domestic legal systems, even in countries like the United States.
The Roulette Of Suffering, Ed Morgan, Rachael Turkienicz
The Roulette Of Suffering, Ed Morgan, Rachael Turkienicz
Cardozo Journal of International and Comparative Law
The article explores the intersection of law, religion, and human suffering, drawing parallels between the unpredictability of legal outcomes in Holocaust-related litigation and the theological themes of the Book of Job. It argues that the legal system, like the biblical narrative, grapples with the challenge of assigning meaning to seemingly random events, particularly in cases involving state sovereignty and human rights. The analysis highlights the tension between the doctrine of state immunity and the pursuit of justice for victims of persecution, ultimately suggesting that legal outcomes often appear arbitrary, much like the suffering depicted in the Book of Job.
Extraterritorial Merger Regulation: Policies, Problems And A Proposal Explored Through The Planned Dow Chemical And Union Carbide Merger, Stacy L. Eberhart
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.
Cross-Border Insolvencies, Section 304 And Reforming Mexican Insolvency Law, Andrea B. Sluchan
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.
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
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.
An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan
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
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 …
Still Not Behaving Like Gentlemen, Ann Bartow
Still Not Behaving Like Gentlemen, Ann Bartow
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
[Introduction To] Uneven Ground: American Indian Sovereignty And Federal Law, David E. Wilkins, K. Tsianina Lomawaima
[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 …
Just Being A Lawyer: Reflections On The Legal Ethics Of A President Under Impeachment, John A. Humbach
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 …
The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin
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.
The Academic Support Student In The Year 2010, Leslie Yalof Garfield
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 …
Deja Vu All Over Again, Gary A. Munneke
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.
The Technologies Of Property Rights: Choice Among Alternative Solutions To Tragedies Of The Commons, Bruce Yandle, Andrew P. Morriss
The Technologies Of Property Rights: Choice Among Alternative Solutions To Tragedies Of The Commons, Bruce Yandle, Andrew P. Morriss
Faculty Scholarship
Garrett Hardin's classic description of the tragedy of the commons tells us that all environmental problems require a property rights solution. The property solution or rule may call for the definition and enforcement of common, public, or private property rights, but any escape from the tragedy requires some rationing mechanism that allocates a form of property rights to some entity. These solutions fall into one of two broad traditions within economics: the Pigouvian, or regulatory tradition, and the Coasean, or market-based tradition. Any proposal for action in either tradition implies some definition of property rights. The difference lies in the …
Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White
Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White
Faculty Scholarship
Over the past fifty years, America has steadily deinstitutionalized its mentally handicapped population, often with mixed results. The primary goal of this process was to place these long-forgotten people back into the so-called mainstream of American life, allowing them access to the same kinds of advantages schools, jobs, housing-that most of us take for granted. This road has not always been easy. In particular, providing safe and accessible housing for the mentally handicapped is an important step toward establishing meaningful self-sufficiency for these individuals. However, to ensure that the needs of all tenants are fulfilled, several potential conflicts between the …
Thoughts On Teaching Remedies From A Public Law Perspective, David I. Levine
Thoughts On Teaching Remedies From A Public Law Perspective, David I. Levine
Faculty Scholarship
No abstract provided.