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Articles 1 - 30 of 72
Full-Text Articles in Law
American Legal Ethics, Thomas L. Shaffer
American Legal Ethics, Thomas L. Shaffer
Journal Articles
The ethics of American lawyers come from the English gentleman-lawyer of the nineteenth century, with the steady addition of an elitist Jeffersonian gloss. But they have, within the last century, been seperated, so that reulation claims to operate without conscience. The result is that the law of lawyers is now the principal, if not only, feature of the official codes, and ethics as ethics is is spread oer insignificant consensus statements by bar associations and promising scholarship from academic lawyers, some small part of which deserves to be called ethics and even, from small beginnings to be called religious ethics.
Enron, Accounting, And Lawyers, Matthew Barrett
Enron, Accounting, And Lawyers, Matthew Barrett
Journal Articles
Enron's collapse painfully illustrates the importance of financial accounting to all lawyers. Accounting is often referred to as "the language of business." Virtually every lawyer represents businesses, their owners, or clients with adverse legal interests, such as creditors and customers. Especially after Enron, lawyers cannot competently represent clients if they do not grasp certain basic principles about accounting. This article lists the top ten accounting lessons that any lawyer could learn from the scandal. These lessons include the components of a complete set of financial statements, the choices inherent in generally accepted accounting principles, the distortions possible in pro forma …
One Person, One Vote, And The Possibility Of Political Community, James A. Gardner
One Person, One Vote, And The Possibility Of Political Community, James A. Gardner
Journal Articles
No abstract provided.
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
Journal Articles
In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the U.S. Constitution. But this reconciliation is unavailable for state courts, which, by operation …
Neutralizing The Incompetent Voter: A Comment On Cook V. Gralike, James A. Gardner
Neutralizing The Incompetent Voter: A Comment On Cook V. Gralike, James A. Gardner
Journal Articles
No abstract provided.
The New Environmental Law: Forest Certification, Errol E. Meidinger
The New Environmental Law: Forest Certification, Errol E. Meidinger
Journal Articles
This paper argues that the rapidly expanding practice of forest certification, together with similar developments in other sectors, is creating a new template for environmental law. Nongovernmental organizations and some industry actors are establishing binding regulatory standards, systems for monitoring compliance, sanctions for non-compliance, and, when things work well, methods for assessment and revision. It locates these developments as a part of “phase 3” of environmental law, which also involves a proliferation of other initiatives beyond traditional regulation. Finally, it offers a preliminary discussion of the efficacy, adaptability, coherence, and legitimacy of the emergent system.
Video Surveillance In Nursing Homes, Elizabeth G. Adelman
Video Surveillance In Nursing Homes, Elizabeth G. Adelman
Journal Articles
No abstract provided.
Punishment Theory: Moral Or Political?, Guyora Binder
Punishment Theory: Moral Or Political?, Guyora Binder
Journal Articles
This article argues that the justification of punishment is best conceived as a problem of political theory rather than moral philosophy. Noting the familiar charge that utilitarianism permits framing the innocent, it argues that retributivism is equally vulnerable to the charge that it permits lynching the guilty. It argues that both critiques unfairly attribute lawlessness and dishonesty to the respective punishment theories. As a result, they mischaracterize both as theories about what individuals should do, rather than what acts legitimate government should authorize. In so doing, they disregard how committed the founders of the respective theories were to the rule …
The Rhetoric Of Motive And Intent, Guyora Binder
The Rhetoric Of Motive And Intent, Guyora Binder
Journal Articles
This article offers a critical analysis of the traditional maxim that motive is irrelevant to criminal liability. It retraces the history of this principle to show how its meaning has changed and its validity has declined over time. Originally promoted by reformers, the irrelevance of motive maxim derived meaning from their efforts to codify criminal law. In this context, the irrelevance of motive stood for two related reforms: (1) legislators should condition criminal liability on expectations of harm rather than desires, and (2) courts should require proof of statutory mental elements. With the success of codification, however, the irrelevance of …
Blurring The Lines Of The Danger Zone: The Impact Of Kendra's Law On The Rights Of The Nonviolent Mentally Ill, Kristina M. Campbell
Blurring The Lines Of The Danger Zone: The Impact Of Kendra's Law On The Rights Of The Nonviolent Mentally Ill, Kristina M. Campbell
Journal Articles
When the lives of Kendra Webdale and Andrew Goldstein crossed paths in a New York City subway on January 3, 1999, no one could have predicted the tragic results of their brief encounter, nor the political and legal aftermath the events of that day would spur. According to eyewitnesses, Goldstein, a twenty-nine year old man with a long history of psychiatric illness,' approached Webdale, a thirty-two year old woman, to ask her the time as she waited for an uptown train. Goldstein then suddenly and- inexplicably pushed Webdale in front of the approaching train; she died instantly. 2 Public outrage …
Citizenship Of Limited Liability Companies For Diversity Jurisdiction, Debra R, Cohen
Citizenship Of Limited Liability Companies For Diversity Jurisdiction, Debra R, Cohen
Journal Articles
The limited liability company is an increasingly popular form of business organization. Due to its hybrid nature, however, the citizenship of a LLC for purposes of diversity jurisdiction is difficult to determine. Should the citizenship of a LLC be determined as if it were a corporation, in which case it has "entity" citizenship, or as if it were a partnership, in which case its citizenship is determined by the citizenship of "persons composing" the LLC?
This Article examines the history of the evolution of hybrid organizations like the LLC, and the rules for determining the citizenship of business organizations in …
'Rogue States' Within American Borders: Remedying State Noncompliance With The International Covenant On Civil And Political Rights, Margaret S. Thomas
'Rogue States' Within American Borders: Remedying State Noncompliance With The International Covenant On Civil And Political Rights, Margaret S. Thomas
Journal Articles
Nearly a decade after the United States ratified the International Covenant on Civil and Political Rights, the treaty's implementation is incomplete. A complex maze of reservations, understandings, and declarations has hindered domestic implementation, as has Congress 's failure to pass national implementing legislation. Almost every state in the Union has laws that violate the Covenant. For example, the treaty requires that in criminal matters, juveniles must be tried in a manner that takes account of their age. Nevertheless, California and many other states frequently treat minors as adults in such matters. Because the Senate declared the treaty to be non-self-executing, …
Waiting For The Labor Law Of The Twenty-First Century: Everything Old Is New Again, William R. Corbett
Waiting For The Labor Law Of The Twenty-First Century: Everything Old Is New Again, William R. Corbett
Journal Articles
No abstract provided.
Law, Policy, And Market Implications Of Genetic Profiling In Drug Development, Michael J. Malinowski
Law, Policy, And Market Implications Of Genetic Profiling In Drug Development, Michael J. Malinowski
Journal Articles
No abstract provided.
Changing The Premise Of International Legal Remedies: The Unfounded Adoption Of Assurances And Guarantees Of Non-Repetition, Scott Sullivan
Changing The Premise Of International Legal Remedies: The Unfounded Adoption Of Assurances And Guarantees Of Non-Repetition, Scott Sullivan
Journal Articles
No abstract provided.
Not For The Faint Of Heart: Fiscal Management Of Publicly Funded Law Libraries In A Time Of Economic Crisis, Steven D. Hinckley
Not For The Faint Of Heart: Fiscal Management Of Publicly Funded Law Libraries In A Time Of Economic Crisis, Steven D. Hinckley
Journal Articles
The author examines the challenges faced by administrators of publicly funded law libraries in trying to gain sufficient financial support for their institutions at a time of fiscal crisis and during a era of increasing reluctance of state governments to fund libraries and other educational programs.
Your Money Or Your Speech: The Children's Internet Protection Act And The Congressional Assault On The First Amendment In Public Libraries, Steven D. Hinckley
Your Money Or Your Speech: The Children's Internet Protection Act And The Congressional Assault On The First Amendment In Public Libraries, Steven D. Hinckley
Journal Articles
This article examines the inherent conflict between This article examines the inherent conflict between two Congressional approaches to public access to the Internet - the provision of federal funding support to schools and public libraries to ensure broad access to online information regardless of financial means, and federal restrictions on children's use of school and public library computers to access content that the government feels could be harmful to them. It analyzes the efficacy and constitutionality of the Children's Internet Protection Act (CIPA), Congress's attempt to use its powers of the purse to control objectionable online content in the very …
Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero
Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero
Journal Articles
Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.
The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero
The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero
Journal Articles
This article seeks to explore the possibility that a selective deportation of a same-gender partner who has overstayed her visa constitutes an outrageous case under the AADC test. Its modest goal is to discourage the INS from ever pursuing such a strategy, knowing that there are probably many who believe that same-gender overstays, even if civilly united in Vermont, are not the ideal candidates for "suspect class" status under U.S. constitutional law. That notwithstanding, common sense and sound doctrine suggest that, despite the many anti-gay and anti-immigrant decisions handed down over the last twenty years, the Court will not hesitate …
Guilds At The Millennium: Antitrust And The Professions: Introduction, Susan Beth Farmer
Guilds At The Millennium: Antitrust And The Professions: Introduction, Susan Beth Farmer
Journal Articles
This Article is an Introduction to the Symposium Issue of the Loyola Consumer Law Review. The papers published in the symposium issue were originally presented at the meeting of the Section on Antitrust and Economic Regulation of the Association of American Law Schools (AALS) at the Association Annual Conference in 2002.
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Journal Articles
This Commentary reviews the recommendations of the Blue Ribbon Panel and, accepting the Report's perspective of advocating the long-term interests of baseball fans, identifies some important and positive contributions made by the Report. Next, some significant flaws and shortcomings are discussed. Finally, the Commentary suggests several practical reforms likely to improve competitive balance which plausibly could secure the support of t he various constituencies of the National Pastime.
Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross
Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross
Journal Articles
The hallmark of an antitrust violation is an agreement which has the effect of raising price, lowering output, or rendering output unresponsive to consumer demand. Owners of clubs comprising Major League Baseball, the National Football League, the National Basketball Association, and the National Hockey League engage in a variety of exploitative activities that consumers cannot avoid by substituting rival products. The purpose of this Article is to analyze specific areas where these monopoly sports leagues harm a variety of groups, through the maintenance of a monopolistic structure that precludes competitive entry, or through specific restraints that have demonstrable anticompetitive effects. …
Charter Insights For American Equality Jurisprudence, Stephen F. Ross
Charter Insights For American Equality Jurisprudence, Stephen F. Ross
Journal Articles
Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit …
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers
Journal Articles
The question that looms large over the future of international arbitration is: How much should states yield to the international arbitration system? This Article attempts to answer the question as it applies to the specific context of regulating attorney conduct.
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Journal Articles
In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …
The Ballad Of Transborder Arbitration, Thomas E. Carbonneau
The Ballad Of Transborder Arbitration, Thomas E. Carbonneau
Journal Articles
International commercial arbitration (ICA) is many things positive. Because business transactions cannot take place without a functional system of adjudication,ICA has enabled parties to engage in and pursue international commerce. As a result, it has had an enormous impact upon the international practice of law, the structuring of a de facto international legal system, and the development of a substantive world law of commerce. In a word, ICA has been a vital engine in the creation of a transborder rule of law. Furthering this design, the arbitral "method"has even been applied to the unruly political problems that attend international trade …
Asset Acquisitions: A Colloquy, Samuel C. Thompson Jr.
Asset Acquisitions: A Colloquy, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
An Introduction To The Essential Fish Habitat (Efh) Consultation Process For The South Atlantic Region, Kim Diana Connolly
An Introduction To The Essential Fish Habitat (Efh) Consultation Process For The South Atlantic Region, Kim Diana Connolly
Journal Articles
No abstract provided.
The Regulatory Role Of State Constitutional Structural Constraints In Presidential Elections, James A. Gardner
The Regulatory Role Of State Constitutional Structural Constraints In Presidential Elections, James A. Gardner
Journal Articles
No abstract provided.
The Claims Resolution Tribunal And Holocaust Claims Against Swiss Banks, Roger P. Alford
The Claims Resolution Tribunal And Holocaust Claims Against Swiss Banks, Roger P. Alford
Journal Articles
This article discusses the legal challenges for implementing settlements for Holocaust reparation claims to Swiss bank accounts. It specifically discusses the activities related to the settlement of these claims undertaken by the Independent Committtee of Eminent Persons (Volcker Commission). The article's first section presents historical information about Holocaust claims against Swiss banks. Specifically, it attempts to answer the question of why it has taken so long for Holocaust reparation claims against Swiss banks to be processed. The author blames this delay primarily on the obfuscation by the Swiss banks and the inattention of the Swiss government[,] which is indicated by …