Law Commons^™

Death Is Different: An Essay Considering The Propriety Of Utilizing Foreign Case Law In Eighth Amendment Jurisprudence, Joseph Brossart

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Divorcing Power And Reason: Spinoza And The Founding Of Modern Law, Benoit Frydman

Cardozo Law Review

No abstract provided.

Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

Scaling Back Constitutional Aspirations, Paula L. Miller

Cardozo Law Review

No abstract provided.

Compensation And Revenge, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout

Cornell Law Faculty Publications

This Article evaluates two possible explanations for why shareholders of public corporations tolerate board control of corporate assets and outputs: the widely accepted monitoring hypothesis, which posits that shareholders rely on boards primarily to control the "agency costs" associated with turning day-to-day control over the firm over to self-interested corporate executives, and the mediating hypothesis, which posits that shareholders also seek to "tie their own hands" by ceding control to directors as a means of attracting the extracontractual, firm-specific investments of such stakeholder groups as executives, creditors, and rank-and- file employees.

Part I reviews each hypothesis and concludes that each …

Executing Juvenile Offenders: A Reexamination Of Stanford V. Kentucky In Light Of Atkins V. Virginia, Bryan Graff

Georgia State University Law Review

No abstract provided.

Kumho Tire And Expert Reliability: How The Question You Ask Gives The Answer You Get, Mark P. Denbeaux, D. Michael Risinger

Seton Hall Law Review

No abstract provided.

Tenth Anniversary Of The Supreme Court's Decision In Daubert V. Merrell Dow Pharmaceuticals, Inc.: The Respective Roles Of Trial And Appellate Courts In Daubert-Kumho Rulings, Hon. John J. Gibbons

Seton Hall Law Review

No abstract provided.

Expert Evidence In Flatland: The Geometry Of A World Without Scientific Culture, David L. Faigman

Seton Hall Law Review

No abstract provided.

Board Of Editors - Vol. 34, No. 1 2003

Seton Hall Law Review

No abstract provided.

Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin

Seton Hall Law Review

No abstract provided.

Keynote Address — Evolving Standards Of Decency In 2003: Is The Death Penalty On Life Support?, Erwin Chemerinsky

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Drunk, Sleeping, And Incompetent Lawyers: Is It Possible To Keep Innocent People Off Death Row?, Ira Mickenberg

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Mental Status And Criminal Culpability After Atkins V. Virginia, Timothy S. Hall

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

The Structure Of Expertise In Criminal Cases, Christopher Slobogin

Seton Hall Law Review

No abstract provided.

Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal, Joshua E. Kastenberg

Faculty Scholarship

This article analyzes Doe II under a multi-tiered rubric. The first tier involves analyzing whether the Ninth Circuit was correct in its jurisdictional interpretation. The second tier studies the extent to which the Ninth Circuit's use of international law expanded previously accepted usage by United States courts. For example, after reading Doe II, a question arises as to whether the Ninth Circuit created a "complete" universal jurisdiction for torts under the ATCA. The final tier, involves analyzing foreseen legal consequences. That is, does Doe II expand causes of action for foreign human rights violations because the decision reduces possible defenses …

Racial Disparities In Health Care And Cultural Competency, Lisa C. Ikemoto

Saint Louis University Law Journal

No abstract provided.

Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Intellectual Property In Transition Economies: Assessing The Latvian Experience, Simon Helm

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt

Michigan Law Review

It is often said that U.S. legal culture discourages apologies. Defendants, defense counsel, and insurers worry that statements of apology will be admissible at trial and will be interpreted by jurors and judges as admissions of responsibility. In recent years, however, several legal commentators have suggested that disputants in civil lawsuits should be encouraged to apologize to opposing parties. They claim that apologies will avert lawsuits and promote settlement. Consistent with this view, legislatures in several states have enacted statutes that are intended to encourage and protect apologies by making them inadmissible. In addition, some commentators argue that defendants might …

The "Horizontal Effect" Of Constitutional Rights, Stephen Gardbaum

Michigan Law Review

Among the most fundamental issues in constitutional law is the scope of application of individual rights provisions and, in particular, their reach into the private sphere. This issue is also currently one of the most important and hotly debated in comparative constitutional law, where it is known under the rubric of "vertical" and "horizontal effect." These alternatives refer to whether constitutional rights regulate only the conduct of governmental actors in their dealings with private individuals (vertical) or also relations between private individuals (horizontal). In recent years, the horizontal position has been adopted to varying degrees, and after systematic scholarly and …

Boring Lessons: Defining The Limits Of A Teacher's First Amendment Right To Speak Through The Curriculum, R. Weston Donehower

Michigan Law Review

Margaret Boring's classes were anything but boring. She taught Advanced Acting at Owen High School in rural Buncombe County, North Carolina, and her classes' performances regularly won regional and state awards. In the fall of 1991, Ms. Boring chose a controversial play, Independence by Lee Blessing, for her students to perform. Independence "powerfully depicts the dynamics within a dysfunctional, single-parent family - a divorced mother and three daughters; one a lesbian, another pregnant with an illegitimate child." Prior to the first performance at the school, Ms. Boring informed the principal of the play's title but not its content. After the …

Nationwide, State Law Class Actions And The Beauty Of Federalism, Jesse Tiko Smallwood

Duke Law Journal

No abstract provided.

Table Of Contents - Cardozo Public Law, Policy And Ethics Journal, Vol. 2, Iss. 1

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The War Powers In Brief: On The Irreducible Politics Of The Matter, Roger Pilon

Cardozo Public Law, Policy & Ethics Journal

The article argues that the president does not require congressional authorization under the Declare War Clause to engage in hostile acts, as the Constitution's sparse language on war powers intentionally allows flexibility in foreign affairs. It contends that the Declare War Clause is a juridical act, not a prerequisite for initiating hostilities, and that the war powers are fundamentally political rather than legal in nature.

National Security Entry Exit Registration System (Nseers), Kareem Shora

Cardozo Public Law, Policy & Ethics Journal

The article argues that the National Security Entry-Exit Registration System (NSEERS) disproportionately targets Arab and Muslim individuals, violating their civil rights under the pretext of national security. It contends that the program exceeds the authority granted by Congress and is implemented in a discriminatory manner, leading to significant detentions and deportations without substantial security benefits.

Spinoza's Marranism And The Law Of Love, João J. Vila-Chã

Cardozo Law Review

No abstract provided.