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2001

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Articles 7051 - 7080 of 9191

Full-Text Articles in Law

Maryland's Diminished Long-Arm Jurisdiction In The Wake Of Zavian V. Foudy, Jeffrey J. Utermohle Jan 2001

Maryland's Diminished Long-Arm Jurisdiction In The Wake Of Zavian V. Foudy, Jeffrey J. Utermohle

University of Baltimore Law Review

No abstract provided.

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No Equal Justice, David Cole Jan 2001

No Equal Justice, David Cole

Georgetown Law Faculty Publications and Other Works

I argue that while our criminal justice system is explicitly based on the premise and promise of equality before the law, the administration of criminal law—whether by the officer on the beat, the legislature, or the Supreme Court—is in fact predicated on the exploitation of inequality. My claim is not simply that we have ignored inequality’s effects within the criminal justice system, nor that we have tried but failed to achieve equality there. Rather, I contend that our criminal justice system affirmatively depends on inequality. Absent race and class disparities, the privileged among us could not enjoy as much constitutional …

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Defending Courts: A Brief Rejoinder To Professors Fried And Rosenberg, David C. Vladeck Jan 2001

Defending Courts: A Brief Rejoinder To Professors Fried And Rosenberg, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

Harvard Professors David Rosenberg and Charles Fried have presented a provocative, sweeping critique of the theoretical foundations of tort liability that leaves virtually no aspect of our current tort system untouched, or perhaps more accurately, unscathed. Their article throws down the gauntlet to defenders of traditional tort law. For instance, Rosenberg and Fried take aim at the jury system, arguing that ex post liability rules created by juries are inefficient and should be replaced, whenever possible, by ex ante liability rules set by legislative bodies. And they attack the idea that compensation plays a legitimate role in structuring our tort …

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Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 9, Iss. 2 Jan 2001

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 9, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.

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Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller Jan 2001

Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller

Library Staff Publications

No abstract provided.

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Finding A Sense Of Self In The World: A Process For Overcoming Personal And Collective Alienation After Institutional Abuse, Seetal Kaur Sunga Jan 2001

Finding A Sense Of Self In The World: A Process For Overcoming Personal And Collective Alienation After Institutional Abuse, Seetal Kaur Sunga

LLM Theses

The author examines three aspects of dispute resolution involving cases of physical and sexual abuse in institutions and other environments. She focuses on judicial and alternative processes that deal with identity formation, empowerment and monetary compensation. She argues that sexual abuse and physical abuse create specific harms to the identity and power of abused persons. These harms should be addressed through a process that can allow for identity-formation and re-configuration of the power relationship between the parties. The author concludes that judicial processes recognize identity formation that occurs outside the legal arena, and are capable of recognizing the power of …

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The Citizen Submission Process Of The North American Commission For Environmental Cooperation, Jaime Miguel Carreno-Martinez Jan 2001

The Citizen Submission Process Of The North American Commission For Environmental Cooperation, Jaime Miguel Carreno-Martinez

LLM Theses

In order to address the environmental concerns raised by the existence of a continent-wide free trade zone, the North American Free Trade Agreement (NAFTA), Canada, United States and Mexico created an environmental side agreement, the North American Agreement for Environmental Cooperation (NAAEC). NAAEC established the Commission for Environmental Cooperation (CEC), a trilateral body created to help the NAFTA Parties achieve the goal of free trade while at the same time avoiding or lessening environmental industrial degradation. Although imperfect, the NAAEC embodies several processes that were innovative. The key innovation is the Citizen Submission Process that allows citizens and NGOs to …

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Reconstructing A Divided Society: Development Of Self-Government And Judicial Reform In Kosovo, Sasha Baglay Jan 2001

Reconstructing A Divided Society: Development Of Self-Government And Judicial Reform In Kosovo, Sasha Baglay

LLM Theses

For the past decade the Kosovo has been a subject of conflict. Since June 1999 the Province is undergoing the reconstruction of civil society under the direction of the United Nations in the form of the United Nations Interim Administration in Kosovo (UNMIK). This thesis analyzes the prospects of developing democratic government in a post-conflict Kosovo. On a larger scale, the Kosovo study serves the basis for the analysis of the techniques available for the international community to build democracy in ethnically divided societies. The argument of this thesis rests on the premise that in ethnically divided societies traditional democratic …

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Addendum To Protecting The Boundary Waters Canoe Area Wilderness: Litigation And Legislation, Richard A. Duncan Jan 2001

Addendum To Protecting The Boundary Waters Canoe Area Wilderness: Litigation And Legislation, Richard A. Duncan

Denver Law Review

No abstract provided.

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The Equal Pay Act As Appropriate Legislation Under Section 5 Of The Fourteenth Amendment: Can State Employers Be Sued?, Thane Somerville Jan 2001

The Equal Pay Act As Appropriate Legislation Under Section 5 Of The Fourteenth Amendment: Can State Employers Be Sued?, Thane Somerville

Washington Law Review

Congress may constitutionally abrogate state sovereign immunity only through legislation enacted pursuant to Section 5 of the Fourteenth Amendment to the U.S. Constitution. In Kimel v. Florida Board of Regents, the U.S. Supreme Court held the Age Discrimination in Employment Act to be inappropriate Section 5 legislation. Kimel was the first time the Court held an anti-discrimination statute enacted to protect civil rights inapplicable to the states. Based on the Kimel decision, other civil rights statutes, such as the Equal Pay Act (EPA), may face similar challenges. This Comment argues that the EPA is appropriate Section 5 legislation. Unlike …

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Protecting The Tax-Exempt Status Of Housing Developers Participating In Low-Income Housing Tax Credit Partnershps, Marni Hussong Jan 2001

Protecting The Tax-Exempt Status Of Housing Developers Participating In Low-Income Housing Tax Credit Partnershps, Marni Hussong

Washington Law Review

The Low-Income Housing Tax Credit (LIHTC) is an important source of federal funding for developers of affordable housing for low-income persons. Although for-profit and nonprofit developers compete for credits, the federal government reserves ten percent of the credits for nonprofit, tax-exempt developers. Exempt developers often sell the credits to for-profit investors, forming a partnership through which the exempt organization develops the housing and the investors receive tax benefits in exchange for capital contributions. The partnership formation, however, may jeopardize the tax-exempt status of the nonprofit organizations and result in the partnership losing the LIHTC. To maintain exempt status, the Internal …

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Book Review - Textbook Of Research Ethics: Theory And Practice, Elizabeth Pendo Jan 2001

Book Review - Textbook Of Research Ethics: Theory And Practice, Elizabeth Pendo

Book Reviews

An intense and deeply divided debate is taking place over the testing of a short course of AZT to prevent maternal-fetal transmission of HIV in the developing world.' A long course of AZT-administered to HIV-infected pregnant women during their pregnancy and immediately before labor, and then to their newborn children for six weeks-is generally accepted in the United States as providing extensive protection against maternal-fetal transmission of HIV Given the expense and lengthy administration of the long course, American researchers in the developing world designed studies to test the efficacy of a shorter course of AZT administered during late pregnancy …

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The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie Jan 2001

The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie

Richmond Public Interest Law Review

This paper will argue that the time has come for legislative reform of capital punishment. It will briefly examine the history of the death penalty, focusing on the provisions under which it was reinstated and whether those provisions are met under today's implementation. Then it will look to recent attempts by the Virginia General Assembly to reform the procedures by which it implements the death penalty. The paper will also explore public perception of the death penalty as an explanation for why the death penalty persists as the ultimate punishment, despite recent problems with its implementation.

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The Negative Consequences Of Regulation Fd On The Capital Markets, Andrea J. Sessa Jan 2001

The Negative Consequences Of Regulation Fd On The Capital Markets, Andrea J. Sessa

NYLS Law Review

No abstract provided.

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Joseph Henry Lumpkin Inn Of Court Team Members 2001-2002, Kellie Casey Monk Jan 2001

Joseph Henry Lumpkin Inn Of Court Team Members 2001-2002, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 2 Jan 2001

Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner Jan 2001

The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner

Cardozo Journal of Equal Rights & Social Justice

The article examines the discriminatory impact of employer-mandated grooming policies, particularly those prohibiting braided hairstyles, on Black women, using the case of Renee Rogers v. American Airlines as a focal point. It critiques the court's dismissal of Rogers' claims, arguing that such policies reflect systemic racism and sexism embedded in White beauty norms. The author advocates for legal reforms, including amending Title VII to recognize intersecting race and gender discrimination, and adopting a pluralist approach to cultural expression in the workplace.

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One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago Jan 2001

One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of balancing fetal rights with maternal autonomy, particularly in cases where pregnant women consume alcohol, potentially harming the fetus. It argues that while fetal rights have gained recognition in tort law, criminalizing maternal conduct raises constitutional concerns, including privacy and equal protection. The analysis advocates for a balanced approach, combining moderate criminal sanctions with education and support programs to protect fetal health while respecting women's rights.

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Expedited Hiv Testing: An Unnecessary Test That Is Allowing The State To Trample On A Woman's Constitutional Rights, Sheree Gootzeit Jan 2001

Expedited Hiv Testing: An Unnecessary Test That Is Allowing The State To Trample On A Woman's Constitutional Rights, Sheree Gootzeit

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's expedited HIV testing for pregnant women is unconstitutional, ineffective, and invasive, violating Fourth Amendment rights and offering no significant benefits over existing laws. It asserts that the testing infringes on privacy, bodily integrity, and informed consent, while alternative methods like urine testing could achieve the same goals without such violations. The analysis emphasizes the need to protect women's rights during vulnerable periods while maintaining public health standards.

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Masthead, Cardozo Women's Law Journal, Vol. 8 (2001-02) Jan 2001

Masthead, Cardozo Women's Law Journal, Vol. 8 (2001-02)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 1 Jan 2001

Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Betraying Women In The Name Of Revolution: Violence Against Women As An Obstacle To Democratic Nation-Building In South Africa, Suzanne A. Kim Jan 2001

Betraying Women In The Name Of Revolution: Violence Against Women As An Obstacle To Democratic Nation-Building In South Africa, Suzanne A. Kim

Cardozo Journal of Equal Rights & Social Justice

The article examines the contradiction between the formal legal advancements in gender equality and the persistent epidemic of violence against women in post-apartheid South Africa. Despite the African National Congress' (ANC) commitment to gender equality and the inclusion of women in political processes, the reality of widespread violence against women undermines the nation's democratic ideals and highlights the failure to address gender concerns within the broader nationalist agenda.

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Taming The Pernicious Creature That Is § 523(A) (15) Of The United States Bankruptcy Code, Jeffrey Margolin Jan 2001

Taming The Pernicious Creature That Is § 523(A) (15) Of The United States Bankruptcy Code, Jeffrey Margolin

Cardozo Journal of Equal Rights & Social Justice

The note examines the complexities of Section 523a(15) of the U.S. Bankruptcy Code, focusing on the dischargeability of debts related to divorce, particularly property settlements. It critiques the legal handling of such debts, emphasizing the need for a more equitable approach. The analysis highlights historical context, judicial interpretations, and the impact of burden of proof placement on ex-spouses, especially women, advocating for a consistent and fair application of the law to balance the interests of debtors and creditors.

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Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller Jan 2001

Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of the Rebecca Corneau case, where the state intervened in her pregnancy due to concerns about the viability of her fetus and her refusal of medical care based on religious beliefs. The court balanced Corneau's constitutional rights against the state's interest in protecting the fetus, ultimately prioritizing the latter. This decision highlights the tension between individual autonomy, religious freedom, and fetal rights, raising significant questions about the limits of state intervention in pregnancy.

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Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas Jan 2001

Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's decision in Ferguson v. City of Charleston, where the Court ruled that a hospital's drug-testing policy for pregnant patients violated the Fourth Amendment. The analysis critiques the Court's narrow opinion for failing to provide clear guidance on future drug-testing policies, while emphasizing the unconstitutionality of using such policies primarily for law enforcement purposes. The author argues that the decision leaves unresolved questions about the balance between government interests and women's privacy and reproductive rights, particularly in the context of prenatal care and drug use.

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The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan Jan 2001

The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan

Faculty Scholarship

No abstract provided.

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Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan Jan 2001

Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan

Faculty Scholarship

No abstract provided.

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Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton Jan 2001

Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

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The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora Jan 2001

The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora

Faculty Scholarship

No abstract provided.

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W(H)Ither Zschernig?, Carlos Manuel Vázquez Jan 2001

W(H)Ither Zschernig?, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The author argues here that a declaration of victory by the critics of the dormant foreign affairs doctrine would be premature. Notwithstanding the Court's citation of Ashwander v. TVA, the actual grounds of the decision in Crosby were in no meaningful sense less "constitutional" in nature than a decision based on the dormant foreign affairs power would have been. Moreover, even though the Court said that its decision was based on a straightforward application of "settled ... implied preemption doctrine," the Court's preemption analysis was anything but ordinary. Indeed, Crosby's version of preemption analysis is subject to the …

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