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2002

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Articles 6661 - 6690 of 8368

Full-Text Articles in Law

Civil Rights For Gays And Lesbians And Domestic Partner Benefits: How Far Could An Ohio Municipality Go , Mark A. Tumeo Jan 2002

Civil Rights For Gays And Lesbians And Domestic Partner Benefits: How Far Could An Ohio Municipality Go , Mark A. Tumeo

Cleveland State Law Review

It can be seen from the analyses in this Article that ordinances which grant domestic partnership benefits and/or civil rights to gays and lesbians will probably face a complex gambit of legal challenges under state law, federal law, and both State and U.S. Constitutions. Current law and current common practice in the State, however, indicates that municipalities probably have almost unfettered power to pass ordinances that either grant protection or deny protection to gays and lesbians in the area of employment and housing discrimination within the municipalities jurisdiction. The situation is not as clear when it comes to domestic partnership …


Is The "Adequacy" Standard A More Political Question That The 'Equality' Standard?: The Effect Of Standards-Based Education On Judicial Standards For Education Finance Litigation, Avidan Y. Cover Jan 2002

Is The "Adequacy" Standard A More Political Question That The 'Equality' Standard?: The Effect Of Standards-Based Education On Judicial Standards For Education Finance Litigation, Avidan Y. Cover

Faculty Publications

This Note argues that the recent shift in state court litigation from an equality claim to one of adequacy has compelled many courts to insert themselves in the discussion and creation of educational policy that was previously viewed as unacceptable. This evolution may render courts vulnerable to appellate challenges and criticisms of nonjusticiability and political question doctrine violations regarding institutional competence and judicial prudence. In addition, the demise of the equality argument diminishes the moral strength of the court's normative valuation capacity. Section I examines the history of education finance cases and reviews the three waves of litigation strategies, which …


Judicial Selection And Political Culture, Jonathan L. Entin Jan 2002

Judicial Selection And Political Culture, Jonathan L. Entin

Faculty Publications

This article proceeds in four stages. Part I examines the major rulings, relating to tort reform and school funding, that prompted the harsh and expensive Ohio campaign. Part II compares the process for appointing federal judges, particularly Supreme Court justices, which has also become notably contentious over the past three decades. Part III discusses the trend away from strict limitations on campaign speech by judicial candidates, which combined with the expansive protections afforded to independent expenditures in election campaigns will facilitate sharp rhetoric by those inclined in that direction. Finally, Part IV assesses the prospects for elevating the level of …


Comment On The Age Discrimination Example, Dale A. Nance Jan 2002

Comment On The Age Discrimination Example, Dale A. Nance

Faculty Publications

Comment on the Federal Judicial Coneter's Research Divission's protorype for computer assisted education of judges with regard to the statistical analysis of evidence.


The Rise And Fall Of Promissory Estoppel Or Is Promissory Estoppel Really As Unsuccessful As Scholars Say It Is: A New Look At The Data, Juliet P. Kostritsky Jan 2002

The Rise And Fall Of Promissory Estoppel Or Is Promissory Estoppel Really As Unsuccessful As Scholars Say It Is: A New Look At The Data, Juliet P. Kostritsky

Faculty Publications

This article makes important contributions to the field of empirical promissory estoppel scholarship. First it challenges recent empirical scholarship (by Professors Robert Hillman and Sidney De Long in the 1998 and 1997 Columbia and Wisconsin law reviews). Their scholarship had challenged the view of the vast majority of American Contracts scholarship by proclaiming promissory estoppel to be an unimportant doctrine based on low win rates of tried cases. My article challenges this new orthodoxy based on a comprehensive five year survey of cases. It concludes that it is too soon to announce the death of promissory estoppel and that promissory …


An Elective Advanced Course, Beth Cohen, Jeanne Kaiser Jan 2002

An Elective Advanced Course, Beth Cohen, Jeanne Kaiser

Media Presence

This Article discusses the experiences of offering an Advanced Legal Research and Writing tutorial as an elective at Western New England College School of Law. This course is taught by a member of the Legal Research and Writing faculty on a rotating basis. This elective course allows students the opportunity to research and write for another semester of law school.


When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker Jan 2002

When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker

Hofstra Labor & Employment Law Journal

No abstract provided.


Trying To Give Private Sector Employees A Break: Congress's Efforts To Amend The Fair Labor Standards Act, Shawn D. Vance Jan 2002

Trying To Give Private Sector Employees A Break: Congress's Efforts To Amend The Fair Labor Standards Act, Shawn D. Vance

Hofstra Labor & Employment Law Journal

No abstract provided.


Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz Jan 2002

Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz

Hofstra Labor & Employment Law Journal

No abstract provided.


The Discoverability Of Severance Agreements In Wrongful Discharge Litigation, Michael D. Moberly Jan 2002

The Discoverability Of Severance Agreements In Wrongful Discharge Litigation, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


Policy Implication Of Rules Governing Harassment And Discrimination Complaints In Private And Federal Employment, Francis Achampong Jan 2002

Policy Implication Of Rules Governing Harassment And Discrimination Complaints In Private And Federal Employment, Francis Achampong

Hofstra Labor & Employment Law Journal

No abstract provided.


Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden Jan 2002

Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden

Hofstra Labor & Employment Law Journal

No abstract provided.


A Call For Clarification: Achieving A Uniform Proof Structure In Reasonable Accomodation Cases Under The Americans With Disabilities Act, Gregory Scolieri, Matthew H. Woodard Jan 2002

A Call For Clarification: Achieving A Uniform Proof Structure In Reasonable Accomodation Cases Under The Americans With Disabilities Act, Gregory Scolieri, Matthew H. Woodard

Hofstra Labor & Employment Law Journal

No abstract provided.


Some Realism About Facial Invalidation Of Statutes, Alfred Hill Jan 2002

Some Realism About Facial Invalidation Of Statutes, Alfred Hill

Hofstra Law Review

No abstract provided.


Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins Jan 2002

Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins

Hofstra Law Review

No abstract provided.


Are Agreements To Keep Secret Information Learned In Discovery Legal, Illegal, Or Something In Between?, Susan P. Koniak Jan 2002

Are Agreements To Keep Secret Information Learned In Discovery Legal, Illegal, Or Something In Between?, Susan P. Koniak

Hofstra Law Review

No abstract provided.


Finding A Voice: The Legal Ethics Committee, Carol M. Langford, David M.M. Bell Jan 2002

Finding A Voice: The Legal Ethics Committee, Carol M. Langford, David M.M. Bell

Hofstra Law Review

No abstract provided.


Scriveners In Cyberspace: Online Document Preparation And The Unauthorized Practice Of Law, Catherine J. Lanctot Jan 2002

Scriveners In Cyberspace: Online Document Preparation And The Unauthorized Practice Of Law, Catherine J. Lanctot

Hofstra Law Review

No abstract provided.


Lawyer Ethics Code Drafting In The Twenty-First Century, Nancy J. Moore Jan 2002

Lawyer Ethics Code Drafting In The Twenty-First Century, Nancy J. Moore

Hofstra Law Review

No abstract provided.


Toward Abandoning Organized Professionalism, Thomas D. Morgan Jan 2002

Toward Abandoning Organized Professionalism, Thomas D. Morgan

Hofstra Law Review

No abstract provided.


Mandatory Pro Bono Publico For Law Students: The Right Place To Start, Christina M. Rosas Jan 2002

Mandatory Pro Bono Publico For Law Students: The Right Place To Start, Christina M. Rosas

Hofstra Law Review

No abstract provided.


Name Robbers: Privacy, Blackmail, And Assorted Matters In Legal History, Lawrence M. Friedman Jan 2002

Name Robbers: Privacy, Blackmail, And Assorted Matters In Legal History, Lawrence M. Friedman

Hofstra Law Review

No abstract provided.


The National Boxing Commission Act Of 2001: It's Time For Congress To Step Into The Ring And Save The Sport Of Boxing, Patrick B. Fife Jan 2002

The National Boxing Commission Act Of 2001: It's Time For Congress To Step Into The Ring And Save The Sport Of Boxing, Patrick B. Fife

Hofstra Law Review

No abstract provided.


The Twilight Of Organizational Form For Charity: Musings On Norman Silber, A Corporate Form Of Freedom: The Emergence Of The Modern Nonprofit Sector, Evelyn Brody Jan 2002

The Twilight Of Organizational Form For Charity: Musings On Norman Silber, A Corporate Form Of Freedom: The Emergence Of The Modern Nonprofit Sector, Evelyn Brody

Hofstra Law Review

Norman Silber's exploration of a near-century of jurisprudential subjectivity reveals an extraordinary hunger for uniformity in the conception of the public good. In 1961, the New York Court of Appeals effectively ended the practice of substantive judicial review of nonprofit charters when it ordered the lower court to approve the articles of a white supremacist group. In the end, judicial discretion over charity incorporation fell during the general social rebellion against orthodoxy, the rise of advocacy and identity groups (notably the NAACP), the legal-process reform against ad-hoc judicial rulings in favor of administrative deliberation and consistency, and the reconception of …


The Contraception Misconception: Why Prescription Contraceptives Should Be Covered By Employer Insurance Plans, Jennifer N. White Jan 2002

The Contraception Misconception: Why Prescription Contraceptives Should Be Covered By Employer Insurance Plans, Jennifer N. White

Hofstra Law Review

No abstract provided.


What Needs Fixing?: "So Obvious, And So Easily Done", Burnele V. Powell Jan 2002

What Needs Fixing?: "So Obvious, And So Easily Done", Burnele V. Powell

Hofstra Law Review

No abstract provided.


The Fair Housing Act And Insurance: An Update And The Question Of Disability Discrimination, John F. Stanton Jan 2002

The Fair Housing Act And Insurance: An Update And The Question Of Disability Discrimination, John F. Stanton

Hofstra Law Review

No abstract provided.


The Alien Tort Claims Act And Section 1983: The Improper Use Of Domestic Laws To "Create" And "Define" International Liability For Multi-National Corporations, Samuel A. Khalil Jan 2002

The Alien Tort Claims Act And Section 1983: The Improper Use Of Domestic Laws To "Create" And "Define" International Liability For Multi-National Corporations, Samuel A. Khalil

Hofstra Law Review

No abstract provided.


Preventing "Senseless" Arrests: Searching For A Constitutional Resolution Of Atwater V. City Of Lago Vista, Matthew Minerva Jan 2002

Preventing "Senseless" Arrests: Searching For A Constitutional Resolution Of Atwater V. City Of Lago Vista, Matthew Minerva

Hofstra Law Review

No abstract provided.


Individual Justice In Mass Tort Litigation: Judge Jack B. Weinstein On Choice Of Law In Mass Tort Cases, Scott Fruehwald Jan 2002

Individual Justice In Mass Tort Litigation: Judge Jack B. Weinstein On Choice Of Law In Mass Tort Cases, Scott Fruehwald

Hofstra Law Review

No abstract provided.