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Articles 6721 - 6750 of 8367
Full-Text Articles in Law
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
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
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
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.
Brief Amici Curiae Of Thirty-Three Media Scholars In The St. Louis Video Games Case, With Introduction By Marjorie Heins, Marjorie Heins, Joan E. Bertin
Brief Amici Curiae Of Thirty-Three Media Scholars In The St. Louis Video Games Case, With Introduction By Marjorie Heins, Marjorie Heins, Joan E. Bertin
Hofstra Law Review
No abstract provided.
The European Convention On Human Rights: A Threat To United States-European Security Relations And The United States Military Justice System?, Darla Jackson
Other Faculty Publications
No abstract provided.
Liberty And Property In The Patent Law, John R. Thomas
Liberty And Property In The Patent Law, John R. Thomas
Georgetown Law Faculty Publications and Other Works
Patents have seldom troubled civil libertarians. A specialized form of property, patents seemed pertinent to the technologies of traditional industry but little else. Patent instruments offered their readers mere technical documentation; patent cases presented no more than the mapping of a text onto an instantiated artifact; patent policy was principally oriented toward economic optimization of the length and scope of protection. Unbound from technology, contemporary patent law now seems a more robust discipline. Modern patent instruments appropriate a diverse array of techniques that span the entire range of human endeavor. Patent claims, cut loose from physical moorings, have grown more …
Proving An Employer's Intent: Disparate Treatment Discrimination And The Stray Remarks Doctrine After Reeves V. Sanderson Plumbing Products, Laina R. Reinsmith
Proving An Employer's Intent: Disparate Treatment Discrimination And The Stray Remarks Doctrine After Reeves V. Sanderson Plumbing Products, Laina R. Reinsmith
Vanderbilt Law Review
Throughout the development of employment discrimination law, the United States Supreme Court has wrestled with the task of producing a suitable analytical framework, under which plaintiffs can attempt to prove their cases of disparate treatment by their employers. An element of this task has been determining which types of evidence of discriminatory intent have probative value, and what effect that evidence should have on plaintiffs' and defendants' cases. In June 2000, the Supreme Court decided Reeves v. Sander- son Plumbing Products,' a case involving a disparate treatment claim brought by an employee alleging age discrimination by his employer in violation …
Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin
Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin
Fordham International Law Journal
Part I of the Essay assesses the current state of global transitional discourses in light of the critique of current developments offered by Ruti Teitel, William Schabas, Brandon Hamber, Kathleen Cavanaugh and others. This is followed in Part II by an examination of the distinctiveness of the broad contours of the Northern Ireland transition, setting the scene for an exploration of more discrete themes affecting the region: the problem of the past (Part III); and the dynamics of institutional change (Part IV). Part V offers some conclusions.
9/11: Usa And Uk, Philip A. Thomas
9/11: Usa And Uk, Philip A. Thomas
Fordham International Law Journal
This Article is based on the inviolability of the legal principles underlying rule of law and explores the ways in which various governments have responded. In addition, it considers the importance of the legislative processes, recognizing that the failure to honor them leaves open the door to executive exploitation and the misuse of power. It also reflects on the efficiency of anti-terrorist legislation. Does this legislation stop, deter or punish criminals; is it "comfort legislation" directed towards producing and maintaining public confidence; or is it counter-productive through the alienation of innocent victims and ethnic, religious and immigrant groups?
Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe
Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe
Fordham International Law Journal
This Article will chart the extent to which this phenomenon has been and is recurring in Northern Ireland since the period of the 1994 Irish Republican Army ("IRA") ceasefire. It will examine the dangers in underestimating the capacity of institutions, structures, and individuals to resist change. It will also explore the potential of such resistance to claw back gains that on the face of it have already been made in formal inter-party negotiations. In the process, the Article will seek to identify why real change in policing is both so important and so difficult in a society seeking to leave …
Book Review: Reviewing Hilmi M. Zawati, Is Jihad A Just War? War, Peace And Human Rights Under Islamic And Public International Law (E. Mellen Press, 2002), M. Bassiouni
College of Law Faculty
No abstract provided.
Treaties, Sovereign Immunity, And The Plan Of The Convention, Susan Bandes
Treaties, Sovereign Immunity, And The Plan Of The Convention, Susan Bandes
College of Law Faculty
No abstract provided.
Homosexuality And The High Court, Donald Hermann
Homosexuality And The High Court, Donald Hermann
College of Law Faculty
No abstract provided.
Legal Incorporation And Cinematic Reflections On Psychological Conceptions Of Homosexuality, Donald Hermann
Legal Incorporation And Cinematic Reflections On Psychological Conceptions Of Homosexuality, Donald Hermann
College of Law Faculty
No abstract provided.
An International Criminal Law Approach To Bioterrorism, Barry Kellman
An International Criminal Law Approach To Bioterrorism, Barry Kellman
College of Law Faculty
No abstract provided.
Understanding White Women's Ambivalence Towards Affirmative Action: Theorizing Political Accountability In Coalitions, Sumi Cho
College of Law Faculty
No abstract provided.
Special Education Attorneys' Fees After Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources, Mark Weber
College of Law Faculty
No abstract provided.
Let's Get Real: Quilting A Principled Approach To Adolescent Empowerment In Health Care Decision-Making, Jennifer Rosato Perea
Let's Get Real: Quilting A Principled Approach To Adolescent Empowerment In Health Care Decision-Making, Jennifer Rosato Perea
College of Law Faculty
No abstract provided.
Gore Wars, Alex Kozinski
Gore Wars, Alex Kozinski
Michigan Law Review
Unless you've been frozen in carbonite or are hopelessly gullible, it must have occurred to you at some point during the last three decades that environmental activists are exaggerating just a bit when they claim that, unless we dramatically change our way of life, we'll soon see the end of civilization as we know it. I'm not sure when these doomsday predictions got started - probably they go back to Malthus and beyond - but I first became aware of environmental Jeremiadism in college in the early 1970s, when tout-le-monde were reading a little book called The Limits to Growth. …
Toward A Jurisprudence Of Cost-Benefit Analysis, Michael Abramowicz
Toward A Jurisprudence Of Cost-Benefit Analysis, Michael Abramowicz
Michigan Law Review
In 1989, Cass Sunstein published an article entitled On the Costs and Benefits of Aggressive Judicial Review of Agency Action. Sunstein apparently meant the words "costs" and "benefits" in an informal sense, as the article considered the advantages and disadvantages of aggressive judicial review without pretense of explicit quantification. That article was several generations ago in Sunstein scholarship, almost 100 articles and over a dozen books. The central concerns of that article, however, are relevant to an assessment of Sunstein's latest book, whose title, The Cost-Benefit State, uses the words "costs" and "benefits" as labels for quantitative assessments of the …
The Place Of Marriage In Democracy's Formative Project, Linda C. Mcclain
The Place Of Marriage In Democracy's Formative Project, Linda C. Mcclain
Faculty Scholarship
Shoring up the institution of marriage is a theme in the "mar riage movement" and in recent legislative debates over welfare reform and family policy. One common premise is that strength ening marriage and renewing a "marriage culture" is vital to national health and that the best way for government, at all lev els, to strengthen and support families and to foster the well being of children is to promote and support marriage (Marriage Movement; Bush, 2002) Calls to renew civil society identify marital, two-parent families as foremost among the seedbeds of civic virtue upon which our Nation depends for …
The Executives Guide To Business & The Law, Kee Yang Low, Benny Tabalujan
The Executives Guide To Business & The Law, Kee Yang Low, Benny Tabalujan
Research Collection Yong Pung How School Of Law
No abstract provided.
Reply To Grimes: Illusory Distinctions And Schisms In Tying Law, Keith N. Hylton, Michael Salinger
Reply To Grimes: Illusory Distinctions And Schisms In Tying Law, Keith N. Hylton, Michael Salinger
Faculty Scholarship
We applaud Professor Grimes's thoughtful analysis of the D.C. Circuit's decision in United States v. Microsoft (Microsoft III) and of our article. Professor Grimes has entered into precisely the debate that we argued should lay the foundation for the law on tying. In addition, one of Professor Grimes's themes is that the issues of tying law cannot be viewed in isolation but, instead, within a coherent philosophy of antitrust. We agree with him on that principle.
Procedural Justice Research And The Paucity Of Trials, Chris Guthrie
Procedural Justice Research And The Paucity Of Trials, Chris Guthrie
Journal of Dispute Resolution
Likewise, I do not mean to criticize Hensler's contribution to this volume. Although she is a prominent procedural justice researcher herself, she is certainly not responsible for the inattention given to the questions I have identified, and her measured conclusions about what might be inferred from the existing research are certainly appropriate. Indeed, I take Hensler' s broader point to be that courts should not mandate mediation simply because they believe as a matter of faith that mediation is a "better" process than others." Rather, courts should base their decisions, to the extent possible, on empirical evidence about the relative …
Finding Out If It Is True: Comparing Mediation And Negotiation Through Research, Craig A. Mcewen, Roselle L. Wissler
Finding Out If It Is True: Comparing Mediation And Negotiation Through Research, Craig A. Mcewen, Roselle L. Wissler
Journal of Dispute Resolution
In this article, we first use existing research evidence to contextualize more clearly the place of civil case mediation in the litigation process. When we understand civil mediation as part of adversarial litigation - rather than as distinct from it - we see the importance of comparing mediation and unassisted negotiation. Next, we discuss research and commentary on the barriers to negotiation and the ways in which mediation might help overcome them. This work provides a more pragmatic and empirically grounded perspective on the potential value of mediation than does "mediation ideology" and suggests a wide range of "hypotheses" to …
Mediation As One Step In Adversarial Litigation: One Country Lawyer's Experience, John R. Phillips
Mediation As One Step In Adversarial Litigation: One Country Lawyer's Experience, John R. Phillips
Journal of Dispute Resolution
This experience stands in stark contrast to the thesis of Professor Deborah Hensler in her article, Suppose It's Not True: Challenging Mediation Ideology. Therein, Professor Hensler attempts to link social psychological research that she interprets as showing dissatisfaction with the use of mediation compared to adjudication, which, in turn, leads her to conclude that clients should prefer counsel who ordinarily can resolve cases successfully without the help of mediation.7 The fallacy of Professor Hensler's argument is evident in several respects. For one, she relies far too heavily on her own intuition and previous empirical research of marginal relevance, and on …
Mediating Preferences: Litigant Preferences For Process And Judicial Preferences For Settlement, Judith Resnik
Mediating Preferences: Litigant Preferences For Process And Judicial Preferences For Settlement, Judith Resnik
Journal of Dispute Resolution
In the 1980s, as a consultant to RAND's Institute for Civil Justice, I joined Deborah Hensler, Allan Lind, Robert MacCoun, William Felstiner, Tom Tyler, and Patricia Ebener in seeking to learn how litigants viewed their experiences with courtbased processes. We surveyed litigants whose cases had been resolved through trials, court-annexed arbitrations, judge-run settlement conferences, and bi-lateral negotiations between lawyers.' We found that litigants cared about process: they reported less satisfaction with processes in which they took no part and more satisfaction with processes in which they could participate. Contrary to some lore that litigants were alienated by trial-like procedures, the …
Lawyer-Negotiator As Mood Scientist: What We Know And Don't Know About How Mood Relates To Successful Negotiation, The, Clark Freshman, Adele Hayes, Greg Feldman
Lawyer-Negotiator As Mood Scientist: What We Know And Don't Know About How Mood Relates To Successful Negotiation, The, Clark Freshman, Adele Hayes, Greg Feldman
Journal of Dispute Resolution
This article explores two related questions: First, does mood7 shape how well lawyers succeed at negotiation?" Second, can lawyers succeed better at negotiation by understanding and managing the role of mood? We begin by exploring what scientific evidence we currently have about how mild changes in mood are associated with significant differences in success at negotiation. Ultimately, we argue that existing scientific evidence shows mood plays a far more complicated role than negotiators and negotiation scholars usually imagine, but that further research needs to address more carefully exactly how mood works and how it affects lawyers and legal negotiation. We …
Why Suppose - Let's Find Out: A Public Policy Research Program On Dispute Resolution, Lisa B. Bingham
Why Suppose - Let's Find Out: A Public Policy Research Program On Dispute Resolution, Lisa B. Bingham
Journal of Dispute Resolution
In this commentary, I suggest that we can get a broader picture of the research agenda to address these policy issues by refining our notions of self-determination. In addition to self-determination over process and outcome in the individual case, we need to start examining who has control over design of the dispute system as a whole. First, this commentary addresses the difference between self-determination at the case level and self-determination in dispute system design and how these two separate dimensions of self-determination can help us distinguish among different uses of mediation and arbitration. Second, using this framework, I attempt to …