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2003

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Articles 6331 - 6360 of 8879

Full-Text Articles in Law

Sample Forms, In Estate Planning Law And Taxation, 4th Ed., Bridget J. Crawford Jan 2003

Sample Forms, In Estate Planning Law And Taxation, 4th Ed., Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Sample estate planning forms.

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Improving Charitable Accountability, James J. Fishman Jan 2003

Improving Charitable Accountability, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This Article focuses upon a persistent problem of the nonprofit sector--its lack of accountability to the public. Director, officer, and organizational responsibilities will be analyzed. Past and current approaches to secure accountability of charitable assets will be discussed, and a proposal for improving charitable accountability will be suggested through the creation of public-private charity commissions at the state level under the aegis of the attorney general.

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A Response To Russell Pearce, John A. Humbach Jan 2003

A Response To Russell Pearce, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

There is not very much to criticize in what Professor Pearce has said about the MacCrate Report. Mostly, therefore, I will just amplify some of the points that I regard as among the most important. Before that, however, I want to mention some quibbles. First, I have always been bothered a bit when people describe the lawyer's role as that of a hired gun. The term “hired gun” is (if you'll pardon the expression) loaded. It does not, moreover, correctly capture either the good or the questionable of what lawyers actually try to do when representing their clients. Real hired …

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The Takings Clause And The Separation Of Powers: An Essay, John A. Humbach Jan 2003

The Takings Clause And The Separation Of Powers: An Essay, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The most fundamental environmental problem is this: across our nation there are literally hundreds of millions of acres of important natural resource lands-- farms, forests, wetlands, reservoir watersheds, shore lands, endangered species habitat--lands that have relatively little commercial value in their present natural condition, but which would have much greater commercial value if their natural values were degraded or destroyed. Stated differently, private property often will yield a much greater profit to its owner if it is used in ways that will harm or obliterate important environmental assets and values. For this reason, private owners are understandably tempted to supplant …

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Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman Jan 2003

Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The prosecutor's misuse of scientific evidence to charge and convict has not been sufficiently examined. Courts and commentators critiquing abuses of scientific evidence in criminal cases rarely focus on the prosecutor's role in the process. Issues typically discussed are the questionable nature of the evidence, the controversial manner in which the evidence was acquired and tested, whether the expert arrived at her conclusions in a scientifically reliable manner, and whether the expert's courtroom testimony was false or misleading. The prosecutor's control over and manipulation of the scientific evidence to shape the fact-finder's evaluation of the facts and to persuade the …

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Golden And Its Emanations: The Surprising Origins Of Smart Growth, John R. Nolon Jan 2003

Golden And Its Emanations: The Surprising Origins Of Smart Growth, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article provides the background for the adoption of the Ramapo ordinance, explains its precocious inventions in some detail, and describes other dramatic local inventions emanating from the Ramapo approach to smart growth. It ends with a reflection on the Quiet Revolution, the continuing disquiet that accompanies the spectacular smart growth inventions of local governments in this country, and modest recommendations for reform. Along the way, the reader will encounter the rebirth of performance zoning, local environmental laws that protect critical environmental resources, a local abandoned property reclamation act, the use of mediation to solve border wars between localities, an …

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The Current Controversy Regarding Tmdls: Contemporary Perspectives "Tmdls And Pollutant Trading", Ann Powers Jan 2003

The Current Controversy Regarding Tmdls: Contemporary Perspectives "Tmdls And Pollutant Trading", Ann Powers

Elisabeth Haub School of Law Faculty Publications

The article first summarizes CWA requirements relevant to TMDLs and outlines elements of an effective trading program. It then examines the program recently established by the State of Connecticut to allow trading of nitrogen credits among sewage treatment plants on Long Island Sound to achieve an established TMDL, and the CWA issues presented. Finally, it gives a brief comparison to the program being designed for the Chesapeake Bay, for which no TMDL has been established. Current brief descriptive summaries of several often cited programs are appended.

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Taking Stock: The Need To Amend 28 U.S.C. § 455 To Achieve Clarity And Sensibility In Disqualification Rules For Judges' Financial Holdings, Ziona Hochbaum Jan 2003

Taking Stock: The Need To Amend 28 U.S.C. § 455 To Achieve Clarity And Sensibility In Disqualification Rules For Judges' Financial Holdings, Ziona Hochbaum

Fordham Law Review

No abstract provided.

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The Better Angels Of Self-Government, Martin S. Flaherty Jan 2003

The Better Angels Of Self-Government, Martin S. Flaherty

Fordham Law Review

No abstract provided.

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A High Water Mark: The Article Iv, Section 2, Privileges And Immunities Clause And Nonresident Beach Access Restrictions, Susan M. Cordaro Jan 2003

A High Water Mark: The Article Iv, Section 2, Privileges And Immunities Clause And Nonresident Beach Access Restrictions, Susan M. Cordaro

Fordham Law Review

No abstract provided.

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Scientific Databases Should Be Protected Under A Sui Generis Regime, Amol Pachnanda Jan 2003

Scientific Databases Should Be Protected Under A Sui Generis Regime, Amol Pachnanda

Buffalo Law Review

No abstract provided.

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Contracting Coercion? Rethinking The Origins Of Free Labor In Great Britain And The United States, Gunther Peck Jan 2003

Contracting Coercion? Rethinking The Origins Of Free Labor In Great Britain And The United States, Gunther Peck

Buffalo Law Review

Book review of Robert J. Steinfeld's Coercion, Contract, and Free Labor in the Nineteenth Century

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Framing The Market: Representations Of Meaning And Value In Law, Markets, And Culture, Robin Paul Malloy Jan 2003

Framing The Market: Representations Of Meaning And Value In Law, Markets, And Culture, Robin Paul Malloy

Buffalo Law Review

No abstract provided.

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Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez Jan 2003

Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez

NYLS Law Review

No abstract provided.

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[Sjd Dissertation On Public Participation In South And North Korean Environmental Laws], Byungchun So Jan 2003

[Sjd Dissertation On Public Participation In South And North Korean Environmental Laws], Byungchun So

Dissertations & Theses

The primary aim of this thesis is to explore public participation in the environmental decision-making process for potential benefits in developing Korean environmental laws. Public participation contributes to sustainable development through effective environmental management; in addition, it improves accountability and transparency in the decision-making processes of governmental agencies as a complementary measure of direct and participatory democracy. Therefore, public participation is crucial not only to environmental protection but also to the development of democracy—two major concerns of Korea in the new Millennium.

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Proceedings Of The 97th Asil Annual Meeting, Introductory Remarks, Self-Defence In An Age Of Terrorism, Mark A. Drumbl Jan 2003

Proceedings Of The 97th Asil Annual Meeting, Introductory Remarks, Self-Defence In An Age Of Terrorism, Mark A. Drumbl

Scholarly Articles

None available.

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Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf Jan 2003

Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf

Faculty Publications

This piece is the second in a trilogy of three simultaneously published articles in the Denver Journal of International Law that examine the emerging doctrine of "earned sovereignty," a concept that seeks to reconcile the principles of self-determination and humanitarian intervention with the principles of sovereignty and territorial integrity. This article sets forth the legal underpinnings for the doctrine, while the other two articles in the trilogy provide its policy foundations, and apply the doctrine to several modem case studies. Together, the three articles are the product of the Public International Law and Policy Group's "Intermediate Sovereignty Project," sponsored by …

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Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul R. Williams, Michael P. Scharf, James R. Hooper Jan 2003

Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul R. Williams, Michael P. Scharf, James R. Hooper

Faculty Publications

All too frequently the mantra of sovereignty is used by states to shield themselves from international action to prevent them from violating human rights and committing atrocities in their attempts to stifle self-determination movements, as in the case of the Iraqi Anfal campaigns against the Kurds, the Turkish suppression of Kurdish human rights, the Russian campaign in Chechnya, the targeting of Christians in Southern Sudan, and Indonesia's brutal occupation of East Timor and its recent campaign in Aceh. Recent state practice, however, has evidenced a growing creativity among states and policy makers which has led to the emergence of a …

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The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams Jan 2003

The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams

Faculty Publications

In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …

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Law On Remote Islands: The Convergence Of Fact And Fiction, Joseph Bockrath Jan 2003

Law On Remote Islands: The Convergence Of Fact And Fiction, Joseph Bockrath

Journal Articles

No abstract provided.

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Bhartia Hijro Ka Dharma: The Code Of India's Hijra, Joseph T. Bockrath Jan 2003

Bhartia Hijro Ka Dharma: The Code Of India's Hijra, Joseph T. Bockrath

Journal Articles

No abstract provided.

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"We Don't Want Advantages": The Woman Lawyer And Her Quest For Power In Popular Culture, Christine Corcos Jan 2003

"We Don't Want Advantages": The Woman Lawyer And Her Quest For Power In Popular Culture, Christine Corcos

Journal Articles

No abstract provided.

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Legal Fictions: Irony, Storytelling, Truth, And Justice In The Modern Courtroom Drama, Christine Corcos Jan 2003

Legal Fictions: Irony, Storytelling, Truth, And Justice In The Modern Courtroom Drama, Christine Corcos

Journal Articles

No abstract provided.

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Anticipatory Repudiation Of Letters Of Credit, Keith A. Rowley Jan 2003

Anticipatory Repudiation Of Letters Of Credit, Keith A. Rowley

Scholarly Works

Letters of credit play a vital role in financing international transactions, and are becoming increasingly popular domestically as substitutes for more traditional secured financing. As such, they deserve substantially more scholarly attention than they receive outside of specialized treatises and banking trade publications. Moreover, as unilateral promises by issuers of the letters of credit to pay money to their beneficiaries, the fact that Article 5 of the Uniform Commercial Code and pre-UCC common law recognize the right of a beneficiary to sue for anticipatory repudiation is at odds with the prevailing rule in this country that a promisee cannot sue …

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Nova Law Review 27, 3 Jan 2003

Nova Law Review 27, 3

Nova Law Review

No abstract provided.

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The Gun Control Debate: A Culture-Theory Manifesto, Dan M. Kahan Jan 2003

The Gun Control Debate: A Culture-Theory Manifesto, Dan M. Kahan

Washington and Lee Law Review

No abstract provided.

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The Provisional Director Remedy For Corporate Deadlock: A Proposed Model Statute, Susanna M. Kim Jan 2003

The Provisional Director Remedy For Corporate Deadlock: A Proposed Model Statute, Susanna M. Kim

Washington and Lee Law Review

No abstract provided.

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Comments On "The Need For Comity", James P. Jones Jan 2003

Comments On "The Need For Comity", James P. Jones

Washington and Lee Law Review

No abstract provided.

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"Up The Ladder" And Over: Regulating Securities Lawyers-Past, Present & Future, Theodore Sonde, F. Ryan Keith Jan 2003

"Up The Ladder" And Over: Regulating Securities Lawyers-Past, Present & Future, Theodore Sonde, F. Ryan Keith

Washington and Lee Law Review

No abstract provided.

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Breed-Specific Legislation Revisited: Canine Racism Or The Answer To Florida's Dog Control Problems?, Karyn Grey Jan 2003

Breed-Specific Legislation Revisited: Canine Racism Or The Answer To Florida's Dog Control Problems?, Karyn Grey

Nova Law Review

No abstract provided.

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