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Articles 601 - 630 of 8864
Full-Text Articles in Law
The Revolution Of The Times: Recent Changes In U.K. Insurance Insolvency Laws And The Implications Of Those Changes Viewed From A U.S. Perspective, William Goddard
The Revolution Of The Times: Recent Changes In U.K. Insurance Insolvency Laws And The Implications Of Those Changes Viewed From A U.S. Perspective, William Goddard
Connecticut Insurance Law Journal
No abstract provided.
Usa Patriot Act: Anti-Money Laundering And Terrorist Financing Legislation In The U.S. And Europe Since September 11, Alicia L. Rouse
Usa Patriot Act: Anti-Money Laundering And Terrorist Financing Legislation In The U.S. And Europe Since September 11, Alicia L. Rouse
University of Miami International and Comparative Law Review
No abstract provided.
Christopher Kozlow And John Sullivan, Jane's Facility Security Handbook (Jane's Information Group 2000)., Richard Gonzalez
Christopher Kozlow And John Sullivan, Jane's Facility Security Handbook (Jane's Information Group 2000)., Richard Gonzalez
University of Miami International and Comparative Law Review
No abstract provided.
Illustrating A Behaviorally Informed Approach To Antitrust Law: The Case Of Predatory Pricing, Avishalom Tor
Illustrating A Behaviorally Informed Approach To Antitrust Law: The Case Of Predatory Pricing, Avishalom Tor
Journal Articles
One of the core assumptions of the traditional economic approach to antitrust law is that competitors are perfectly rational, profit-maximizing, decision makers. Sometimes, this assumption serves as a useful simplification of business behavior, providing an effective foundation for antitrust doctrine. At other times, however, assuming strictly rational behavior on the part of competitors is not “approximately right” but, instead, “perfectly wrong.” In these latter cases, the reliance on the perfect rationality assumption can lead scholars to mispredict market behavior and, possibly, advocate erroneous prescriptions for antitrust policy. In contrast, a behaviorally informed approach to antitrust law is based on scientific …
From The Journals: Insurance Law Abstracts, Dorothy Puzio
From The Journals: Insurance Law Abstracts, Dorothy Puzio
Connecticut Insurance Law Journal
No abstract provided.
Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz
Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz
Connecticut Insurance Law Journal
No abstract provided.
Peace And Insurance: Recovering The Utopian Vision Of Insurance In Royce's War And Insurance, Jonathan Simon
Peace And Insurance: Recovering The Utopian Vision Of Insurance In Royce's War And Insurance, Jonathan Simon
Connecticut Insurance Law Journal
No abstract provided.
Farm Bureau Mutual Insurance Company V. Kurtenbach: Choosing The Road Less Traveled In Interpreting Motor Vehicle Exclusions In Farm Comprehensive Liability Policies, Gregory O. Nies
Connecticut Insurance Law Journal
No abstract provided.
Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
University of Miami International and Comparative Law Review
No abstract provided.
Gender And Politics In Palestine: Discourse Analysis Of The Palestinian Authority & Islamists, Nahda Y. Sh'hada
Gender And Politics In Palestine: Discourse Analysis Of The Palestinian Authority & Islamists, Nahda Y. Sh'hada
University of Miami International and Comparative Law Review
No abstract provided.
Introduction To The Jury At A Crossroad: The American Experience, Nancy S. Marder
Introduction To The Jury At A Crossroad: The American Experience, Nancy S. Marder
Chicago-Kent Law Review
The jury is integral to the American experience of democracy and yet it appears to be under attack. With negative press attention focused on the jury in recent years and calls for imposing limits on the jury gaining support in state and national legislatures, the jury is at a crossroad. Will reforms be made that weaken the jury's roles and power simply to provide a quick fix for an institution that is mischaracterized as broken? This symposium provides a multi-faceted and sustained examination of the roles of the jury past, present, and future. It explores not only the broad roles …
How Much Do We Really Know About Race And Juries? A Review Of Social Science Theory And Research, Samuel R. Sommers, Phoebe C. Ellsworth
How Much Do We Really Know About Race And Juries? A Review Of Social Science Theory And Research, Samuel R. Sommers, Phoebe C. Ellsworth
Chicago-Kent Law Review
Social science findings are often overlooked or oversimplified by legal scholars who write about race and juries. This body of empirical research offers important theoretical and methodological contributions to the study of race and jury decision making, yet it is also marked by inconsistencies and common design limitations. In the present Article, we evaluate the state of this literature more critically and attempt to integrate its often disparate findings using psychological theories of racial bias and social judgment. Our review includes studies that measure the influence of a defendant's race on the judgments of individual jurors; studies comparing the decision …
The Current Debate On Juror Questions: "To Ask Or Not To Ask, That Is The Question", Nicole L. Mott
The Current Debate On Juror Questions: "To Ask Or Not To Ask, That Is The Question", Nicole L. Mott
Chicago-Kent Law Review
This Article addresses the concerns as well as the advantages when courts allow jurors to submit questions to the court and/or witnesses. Based on reviewing the content of 2,271 juror questions submitted in 164 cases, the author categorizes what jurors typically ask and to whom jurors direct their questions. Most juror questions were directed to witnesses and experts. In both criminal and civil cases, jurors typically asked facts about the case, motives of both the witness and the defendant/party, and common practices of professions often unfamiliar to laypersons. In criminal cases, jurors were more likely to question specific eyewitness evidence …
Jurors And The Future Of "Tort Reform", B. Michael Dann
Jurors And The Future Of "Tort Reform", B. Michael Dann
Chicago-Kent Law Review
Jurors are not supposed to allow their personal attitudes about the law, including tort law, affect their decision. This Essay asserts, however, that jurors, acting as conscientious and impartial decision makers, in fact do have cognitive and emotional "stakes" in tort litigation, namely the trial process that they are subjected to, and in making fair and equitable decisions. Various "tort reform" proposals affect, for better or worse, jurors' abilities to understand the evidence and the law, apply the law to the facts, and do justice. The author, a former trial judge, and a self-confessed "jurorcentric" supporter of jury trial reforms, …
When All Of Us Are Victims: Juror Prejudice And "Terrorist" Trials, Neil Vidmar
When All Of Us Are Victims: Juror Prejudice And "Terrorist" Trials, Neil Vidmar
Chicago-Kent Law Review
On September 11, 2001 all Americans became victims. The threat of terrorism at home and abroad, now and for the indefinite future, is not only to their physical safety and economic well-being, but also to their deeply held social and political values. The terrorists have been identified as members of the Muslim faith and most are of Middle Eastern ethnic descent. This Article discusses the problem of persons accused of being terrorists, or aiding terrorists, obtaining a fair trial in the light of this national victimization. Research conducted for the "American Taliban" case of John Walker Lindh, reported in the …
Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula L. Hannaford-Agor, Valerie P. Hans
Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula L. Hannaford-Agor, Valerie P. Hans
Chicago-Kent Law Review
In recent years, the criminal justice community has become increasingly concerned about the possibility that jury nullification is the underlying motivation for increasing numbers of acquittals and mistrials due to jury deadlock in felony jury trials. In this Article, the authors discuss the inherent difficulty in defining jury nullification and identifying its occurrence in actual trials. They review the evolution in public and legal opinion about the legitimacy of jury nullification and contemporary judicial responses to perceived instances of jury nullification. Finally, the authors examine the possible presence of jury nullification through empirical analysis of data collected from 372 felony …
Jurors As Statutory Interpreters, Lawrence M. Solan
Jurors As Statutory Interpreters, Lawrence M. Solan
Chicago-Kent Law Review
The standard division of labor at trial is that jurors find facts and judges interpret statutes. But this was not always the standard, and it is still not always so. Until the end of the nineteenth century, it was up to jurors not only to find the facts, but also to determine the law, at least in criminal cases. This task was considered an important part of democratic government in that it created a buffer of twelve citizens who could refuse to convict if a law was considered unduly oppressive. This history is sometimes discussed as relevant to the practice …
A Conservative Perspective On The Future Of The American Jury Trial, Robert P. Burns
A Conservative Perspective On The Future Of The American Jury Trial, Robert P. Burns
Chicago-Kent Law Review
The American jury trial has evolved in a way that is deeply respectful of the dense complexity of competing values that pervade our common life. The consciously structured hybrid of languages and practices of which the trial is composed reflects those values fairly. The trial is thus the crucible of democracy. Simplistic understandings of the trial rooted in a form of legal positivism and an affection for bureaucracy threaten it. We must be very careful of distorting the architecture of what we have achieved in one of greatest achievements of our public culture. This is not to say that reform …
Proof Beyond All Possible Doubt: Is There A Need For Higher Burden Of Proof When The Sentence May Be Death?, Leonard B. Sand, Danielle L. Rose
Proof Beyond All Possible Doubt: Is There A Need For Higher Burden Of Proof When The Sentence May Be Death?, Leonard B. Sand, Danielle L. Rose
Chicago-Kent Law Review
Recent studies conclude that errors occur in the American capital punishment system with such frequency that it is entirely foreseeable that, if continued unaltered, numerous innocent persons will be executed. Assuming that this is unacceptable but that America will wish to continue to utilize the death penalty in its justice system, the authors believe that society has a duty to try to reduce the frequency of such errors. The authors propose that the requisite burden of proof in the penalty phase of a capital trial should be raised from beyond a reasonable doubt to beyond all possible doubt. The …
Technology Service Solutions: New Wine In Old Wineskins?, Elizabeth A. Pawlicki
Technology Service Solutions: New Wine In Old Wineskins?, Elizabeth A. Pawlicki
Chicago-Kent Law Review
This Comment examines the National Labor Relations Board's decision in Technology Services Solutions, which held—via application of the Supreme Court's "reasonable alternative means" test-that an employer did not commit an unfair labor practice when it refused to provide the union attempting to organize the employer's teleworking customer service representatives with employees' names and addresses. After reviewing the evolution of union access rules, Pawlicki argues that by endorsing the application of traditional union access rules to the nontraditional telework environment, the National Labor Relations Board effectively denied an emerging segment of U.S. workers a right that has long been a …
Race, Diversity, And Jury Composition: Battering And Bolstering Legitimacy, Leslie Ellis, Shari Siedman Diamond
Race, Diversity, And Jury Composition: Battering And Bolstering Legitimacy, Leslie Ellis, Shari Siedman Diamond
Chicago-Kent Law Review
Impartiality is both elusive and important for the legitimacy of the jury and its decisions. After presenting a realistic version of impartiality that recognizes how jurors reach judgments, we present empirical evidence demonstrating the costs incurred when the promise of impartiality appears to be violated. We then evaluate various approaches aimed primarily at increasing the racial heterogeneity of juries. Finally, we describe a simplified, multimethod approach that combines improvements in source lists and a simple non-race-based geographic adjustment to improve the appearance and reality of jury impartiality by increasing jury heterogeneity.
A Voir Dire Of Voir Dire: Listening To Jurors' Views Regarding The Peremptory Challenge, Mary R. Rose
A Voir Dire Of Voir Dire: Listening To Jurors' Views Regarding The Peremptory Challenge, Mary R. Rose
Chicago-Kent Law Review
The use of the peremptory challenge during jury selection continues to be a source of controversy, in part because critics are concerned about the attitudes and reactions of those allegedly excused on the basis of stereotypes, i.e., "for no reason." In the present research, a sample of people excused from criminal juries via the peremptory were followed-up and asked to speculate on why they were excused, as well as to rate their experience with jury selection on a number of dimensions. I hypothesized that even if all rationales involved some amount of "stereotyping," people's views about being excused should vary …
Factors To Be Considered In Determining A Corporation's Commercial Domicile, A. Bruce Clements
Factors To Be Considered In Determining A Corporation's Commercial Domicile, A. Bruce Clements
Faculty Articles
Laws can vary significantly in taxing multijurisdictional companies depending on a company's degree of corporate presence in the taxing state, the type and source of income earned, and the type of property used or held in the state. Several critical factors can determine a company's tax liability in a state, including the location of the company's commercial domicile. The US Supreme Court's decision in the Wheeling Steel case regarding commercial domicile is overriding in federal, as well as state courts. Accordingly, multistate companies and their tax advisors should consider the location of central management activities when planning to start or …
Groups, Politics, And The Equal Protection Clause, Sameul Issacharoff, Pamela S. Karlan
Groups, Politics, And The Equal Protection Clause, Sameul Issacharoff, Pamela S. Karlan
University of Miami Law Review
No abstract provided.
The Truth About Owen Fiss, Robert A. Burt
The Truth About Owen Fiss, Robert A. Burt
University of Miami Law Review
No abstract provided.
The Indispensable State, Irwin P. Stotzky
The Indispensable State, Irwin P. Stotzky
University of Miami Law Review
No abstract provided.
Holistic Interpretation, Comparative Constitutionalism, And Fiss-Ian Freedoms, Vicki C. Jackson
Holistic Interpretation, Comparative Constitutionalism, And Fiss-Ian Freedoms, Vicki C. Jackson
University of Miami Law Review
No abstract provided.
Introduction To The Winning Essays Of The Aba/Fjc Law And Aging Student Essay Competition, Sid Kess Award, Kristin Booth Glen
Introduction To The Winning Essays Of The Aba/Fjc Law And Aging Student Essay Competition, Sid Kess Award, Kristin Booth Glen
City University of New York Law Review
No abstract provided.
Preserving Community In The City: Special Improvement Districts And The Privatization Of Urban Racialized Space, Audrey Mcfarlane
Preserving Community In The City: Special Improvement Districts And The Privatization Of Urban Racialized Space, Audrey Mcfarlane
All Faculty Scholarship
This essay examines some of the ramifications of the formation of business improvement districts (BIDs) in urban centers that levy additional taxes in particular geographic areas to provide supplementary services. Originally designed to further business development to improve the tax base of the entire city, these districts are increasingly being used by affluent city neighborhoods to enhance what are viewed as inadequate municipal services. Because cities are often divided into affluent, white neighborhoods and poor minority ones, BIDs are troubling in that they reinforce race and class divisions within what is theoretically an urban whole. Professor McFarlane argues that we …