Law Commons^™

Making The Last Chance Meaningful: Predecessor Counsel's Ethical Duty To The Capital Defendant, Lawrence J. Fox

Hofstra Law Review

No abstract provided.

International Law Issues In Death Penalty Defense, Richard J. Wilson

Hofstra Law Review

No abstract provided.

There Is No "Rational Basis" For Keeping It A "Secret" Anymore: Why The Ftda's "Actual Harm" Requirement Should Not Be Interpreted The Same Way For Dilution Caused By Blurring As It Is For Dilution Caused By Tarnishing, Joseph J. Galvano

Hofstra Law Review

No abstract provided.

A New Profession For An Old Need: Why A Mitigation Specialist Must Be Included On The Capital Defense Team, Pamela Blume Leonard

Hofstra Law Review

No abstract provided.

"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay

Hofstra Law Review

No abstract provided.

Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian

Hofstra Law Review

This essay explains the WTO's enforcement mechanism in terms of interest group theory. Under the Dispute Settlement Understanding, a WTO member that fails to comply with a ruling in a trade dispute is subject to "retaliation" from the complaining member: the complaining member may raise tariffs against the offending member's products. This remedy creates incentives for exporters in the offending country to lobby their government in favor of compliance. As a result, the retaliation remedy promotes compliance without intruding directly on national institutions. It is thus superior to suggested reforms, like direct effect, that would commandeer courts or other national …

State Interest And Marriage - The Theoretical Perspective, Brian H. Bix

Hofstra Law Review

No abstract provided.

The Bonds Of Matrimony And The Bonds Of Constitutional Democracy, Lynn D. Wardle

Hofstra Law Review

No abstract provided.

Love On The Oregon Trail: What The Story Of Maynard V. Hill Teaches Us About Marriage And Democratic Self-Governance, Steven H. Hobbs

Hofstra Law Review

No abstract provided.

Malicki V. Doe: Defining A Split Of Authority Based On The State Tort Claims Of Negligent Hiring And Supervision Of Roman Catholic Clergy And The First Amendment Conflict, Christopher L. Barbaruolo

Hofstra Law Review

No abstract provided.

Toward Equal Regard For Marriages And Other Imperfect Intimate Affiliations, Judith Stacey

Hofstra Law Review

No abstract provided.

Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain

Hofstra Law Review

This article takes up the question: Should family law and policy move beyond marriage? It assesses a spectrum of answers to that question. Rejecting proposals, on the one hand, to shore up traditional marriage, and, on the other, to abolish marriage, it argues that family law and policy should not move wholly beyond marriage, but should support marriage in a way that better fosters greater equality within and among families. The article is part of a symposium on "Marriage, Families, and Democracy," published in 32 Hofstra Law Review 23-421 (2003).

Why Progressives Lost The War When They Lost The Draft, Diane H. Mazur

Hofstra Law Review

No abstract provided.

The Discrepancy In Bankruptcy Code Section 330: Can A Chapter 7 Debtor's Attorney Collect Fees From The Bankruptcy Estate?, Frank Misiti

Hofstra Law Review

No abstract provided.

Evidence: Is Oklahoma Balancing The Scales Of Justice By Tying The Hands Of Trial Judges: The 2002 Amendment To Section 2403 Of The Oklahoma Evidence Code Mandating Admission Of In-Life Victim Photographs In Homicide Cases, Liesa L. Richter

Faculty Articles

No abstract provided.

Foreign Law Year In Review: 2002, Roger P. Alford

Journal Articles

Contents

• Introduction

Getting What We Should From Doctors: Rethinking Patient Autonomy And The Doctor-Patient Relationship, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

The European Union In Transition: The Treaty Of Nice In Effect; Enlargement In Sight; A Constitution In Doubt, Roger J. Goebel

Fordham International Law Journal

This Article is intended to provide an overview of this transitional moment in the history of the European Union. Initially, the Article will briefly review the background of the Treaty of Nice, and the institutional structure modifications for which it provides, which paves the way for enlargement. Next it will describe the final stages of the enlargement process. Finally, the Article will set out the principal institutional innovations and certain other key aspects of the draft Constitution, the most important issues concerning them, and the current impasse.

Trade, Democracy, And The Ftaa: Public Access To The Process Of Constructing A Free Trade Area Of The Americas, Eric Dannenmaier

Fordham International Law Journal

The Article concentrates on access for non-profit or "public interest" elements of civil society rather than for-profit business interests, because public interest organizations have been more marginalized from the FTAA, and their interests are more diffuse and conflicting - rendering their integration more problematic. It also concentrates on the multilateral process in the context of Ministerial meetings rather than trade policymaking at a national level because of the symbolic value attached to meetings of ministers, and the unique opportunities for public dialogue offered by these high-level meetings.

Ludwik A. Teclaff (1918 – 2003) A Tribute, Joseph C. Sweeney

Fordham International Law Journal

On May 29, 2003, Professor Ludwik A. Teclaff died in his 85th year at his retirement home in St. Petersburg, Florida. Ludwik Teclaff, was a scholar, a patriot, a warrior and a man of faith. He was born in Czestochowa, Poland on November 14, 1918, just before Poland emerged as a newly independent Nation. In 1959 Dr. Teclaff joined the Fordham University School of Law Library, becoming Librarian of the Law School in 1962. During his twenty-four years as Librarian, Dr. Teclaff made the changes in technology and administration that would put Fordham's law library in the front rank of …

Sustainable Development In The Negotiation Of The Ftaa, Marie-Claire Cordonier Segger

Fordham International Law Journal

First, I will briefly explain what is meant by hemispheric sustainable development law. Then, I will discuss the current progress of the FTAA from a sustainable development law perspective. To illustrate the links between trade liberalization, social and environmental law and policy in the Americas, I will briefly highlight potential social and environmental impacts and opportunities in several important areas of negotiations: services, intellectual property rights, competition law, government procurement and investment. (The directions of agricultural liberalization, market access and subsidies are also crucial to sustainable development, but are too extensive to discuss here). Then, I will consider the institutional …

The Just War Ethic In International Law, Joseph C. Sweeney

Fordham International Law Journal

To the student and practitioner of international law in the twenty-first century, the just war ethic is clearly part of Moral Theology--binding the consciences of ethical people everywhere --but it is not part of international law. Nevertheless, there is today a lingering flavor of the Just War Ethic in debates about issues that are partly moral and partly political, such as: 1. the testing and use of nuclear weapons; 2. combating terrorism; and 3. humanitarian intervention to save lives and the human environment. None of these activities is authorized expressly in the United Nations Charter. What is an unjust war …

‘For The Family, France, And Humanity’: Authority And Maternity In The Tribunaux Pour Enfants, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Regulation Of Biological Research In The Terrorism Era, Barry Kellman

College of Law Faculty

No abstract provided.

Mega-Bankruptcies: Representing Creditors And Debtors In Large Bankruptcies, Margit Livingston

College of Law Faculty

No abstract provided.

Survey Of Cases Decided Under Revised Article 9: There's Not Much New Under The Sun, Margit Livingston

College of Law Faculty

No abstract provided.

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

Searching For Worlds Beyond The Canon: Narrative, Rhetoric, And Legal Change, Susan Bandes

College of Law Faculty

No abstract provided.

Old Puzzles, Puzzling Answers: The Alien Tort Statue And Federal Common Law In Sosa V. Alvarez-Machain, Mark Moller

College of Law Faculty

No abstract provided.