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2004

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Articles 1891 - 1920 of 9707

Full-Text Articles in Law

Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala Jul 2004

Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala

Osgoode Hall Law Journal

This article examines Israel's treatment of its Arab Bedouin citizens living in the Negev desert through the lens of the international human right to adequate housing. The Negev Bedouin, an agrarian indigenous community, is the most socially, politically and economically disadvantaged segment of the Arab minority in Israel. Their precarious situation is rooted primarily in Israeli land planning pursuits that have ignored Bedouin land claims in favor of settlement programs reserved exclusively for the majority population. This article documents the manner in which the overarching legal and political character of the state has led to the development of a legislative, …

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The Federal Court Of Australia's Power To Terminate Properly Instituted Class Actions, Vince Morabito Jul 2004

The Federal Court Of Australia's Power To Terminate Properly Instituted Class Actions, Vince Morabito

Osgoode Hall Law Journal

The regime governing class actions in the Federal Court of Australia is unique, by international standards, as it does not require the formal authorisation of the Court before a proceeding may be brought and conducted as a class action. A class action may be commenced in the Federal Court as long as certain prerequisites are satisfied. Another unique aspect of this regime is that wide powers have been conferred upon the Court to terminate, as class actions, proceedings that have complied with the requirements for commencing a class action. It is the aim of this article to explore the conceptual …

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Equality Of Opportunity In The Regulatory Age: Why Yesterday's Rationality Review Isn't Enough, Timothy Sandefur Jul 2004

Equality Of Opportunity In The Regulatory Age: Why Yesterday's Rationality Review Isn't Enough, Timothy Sandefur

Northern Illinois University Law Review

When entrenched business interests, or any other faction, uses government to prevent competition and protect their own profits, they engage in precisely the behavior that the Equal Protection Clause was intended to prohibit: preferring one group over another on some basis other than individual merit. Because of this, the author argues that courts should employ a skeptical scrutiny to the inequalities caused or maintained by government regulation and protect the equal right of all Americans to pursue happiness.

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If Geronimo Was Jewish: Equal Protection And The Cultural Property Rights Of Native Americans, Sherry Hutt Jul 2004

If Geronimo Was Jewish: Equal Protection And The Cultural Property Rights Of Native Americans, Sherry Hutt

Northern Illinois University Law Review

The Fourteenth Amendment should apply to Native Americans in the same manner that it is applied to other groups within the United States. In practice that has not been the case. The body of Indian Law has developed around a "special" treatment for Indians that is actually less than equal in effect. Such disparity is particularly evident in the treatment by the courts of the cultural property of Native Americans. The premise of the article is that if Native Americans were afforded equal protection for their cultural property rights then remedial laws would not be necessary. To illustrate the disparity …

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The Permissibility Of Non-Remedial Justifications For Racial Preferences In Public Contracting, Michael K. Fridkin Jul 2004

The Permissibility Of Non-Remedial Justifications For Racial Preferences In Public Contracting, Michael K. Fridkin

Northern Illinois University Law Review

Under Richmond v. J.A. Croson, if a government agency has participated in the systemic exclusion of contractors on the basis of race, the agency has a compelling interest in remedying that discrimination by favoring contractors whose owners belong to the previously excluded race. This remedial defense of racial preferences is the standard notion of affirmative action in public contracting. Of great interest to the government institutions employing racial preferences, however, is whether any non-remedial objectives--separate and distinct from remedying discrimination--may be relied upon to justify the use racial classifications in public contracting and what goals in particular are compelling enough …

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Tribute To Dean James J. Alfini: Former Dean And Professor Of The Northern Illinois University College Of Law, Northern Illinois University Law Review, Jean R. Sternlight, Jeffrey M. Shaman, Nina Appel, Daniel Reynolds, Leona Green Jul 2004

Tribute To Dean James J. Alfini: Former Dean And Professor Of The Northern Illinois University College Of Law, Northern Illinois University Law Review, Jean R. Sternlight, Jeffrey M. Shaman, Nina Appel, Daniel Reynolds, Leona Green

Northern Illinois University Law Review

No abstract provided.

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What Could American Indian Law Possibly Have To Do With The Issue Of Gay-Marriage Recognition?: Definitional Jurisprudence, Equal Protection And Full Faith And Credit, Robert Laurence Jul 2004

What Could American Indian Law Possibly Have To Do With The Issue Of Gay-Marriage Recognition?: Definitional Jurisprudence, Equal Protection And Full Faith And Credit, Robert Laurence

Northern Illinois University Law Review

American Indian law and gay-marriage recognition would not, at first glance, seem to be fields of study related to one another. Professor Laurence, however, finds three places where the two fields conjoin. First is what he calls the issue of "definitional jurisprudence," that is to say how does the law define its key terms "tribe" with respect to American Indian law and "marriage" with respect to family law--and what are the jurisprudential limitations on changing the traditional definition? Second, to what extent do the standard principles of equal protection jurisprudence vary regarding such unique minorities as American Indians, on the …

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The Wedding Bells Heard Around The World: Years From Now, Will We Wonder Why We Worried About Same-Sex Marriage?, Mark E. Wojcik Jul 2004

The Wedding Bells Heard Around The World: Years From Now, Will We Wonder Why We Worried About Same-Sex Marriage?, Mark E. Wojcik

Northern Illinois University Law Review

This article is a historical, international, and timely examination of issues commonly raised by the marriage of same-sex couples in anticipation of the impending changes in this area of the law in the United States. Through a survey of important developments and a comparison of the treatment of same-sex couples vis a vis marriage in various locales, the author argues that fears about recognizing same-sex couples destroying our country or the institution of marriage are irrational, and that it is time now to recognize that same-sex couples deserve the same recognition and protection of the law afforded to opposite-sex couples. …

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Affirmative Action After Grutter And Gratz, Mark W. Cordes Jul 2004

Affirmative Action After Grutter And Gratz, Mark W. Cordes

Northern Illinois University Law Review

This article will examine the state of race-conscious admissions program at institutions of higher education after Grutter and Gratz. Part one first briefly reviews the Court's affirmative action jurisprudence prior to Grutter and Gratz, examining the Bakke decision, the Supreme Court affirmative action decisions between Bakke and Grutter, and the recent split in lower court decisions on the continuing viability of race-conscious admissions. Part two will then examine the Grutter and Gratz decisions themselves. Part three will then discuss the big picture of race-conscious admissions programs. Section A will analyze the general parameters established in Grutter and Gratz in terms …

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From Petticoats To Briefs: History Of Women At The University Of Missouri-Kansas City School Of Law, Robert C. Downs, Brooke Grant, Elizabeth Sterling Jul 2004

From Petticoats To Briefs: History Of Women At The University Of Missouri-Kansas City School Of Law, Robert C. Downs, Brooke Grant, Elizabeth Sterling

Faculty Works

The story of women in American society has largely been defined and recorded by men and the institutions that men have dominated for most of the past two hundred-odd years. Women have been denied access to education, employment, political power and other benefits of social intercourse by exclusion, intimidation, ridicule and patronization. The experience of women in law school is one part of that experience. Law school is an arduous undertaking whether one is male or female. Gaining admission to modern law schools requires talent and demonstrated academic performance in a competitive environment. But in the nineteenth century, the foremost …

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The Economics Of Public International Law, Alan O. Sykes Jul 2004

The Economics Of Public International Law, Alan O. Sykes

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper is a preliminary draft for eventual inclusion in the Handbook of Law and Economics, A. Mitchell Polinsky & Steven Shavell editors. It reviews and synthesizes the work of economists and law and economics scholars in the field of public international law. The bulk of that work has been in the area of international trade, but many of the ideas in the trade literature have implications for other subfields. Recent years have seen a significant increase in research on other topics as well. The paper begins with a general framework for thinking about the positive and normative economics of …

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Conflict Or Credibility: Analyst Conflicts Of Interest And The Market For Underwriting Business, James C. Spindler Jul 2004

Conflict Or Credibility: Analyst Conflicts Of Interest And The Market For Underwriting Business, James C. Spindler

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper argues that, contrary to conventional wisdom, conflicts of interest among equities research analysts (i.e., where investment banks would offer positive analyst research in quid pro quos for underwriting business) were beneficial to the capital markets. First, conflicted analyst research credibly signaled positive inside information that is otherwise too costly to communicate under 1933 Act liability, correcting adverse-selection problems. Second, conflicted analyst research mitigated agency costs between issuer and underwriter by allowing the underwriter to credibly commit to seek a higher offering price than the underwriter would prefer. Third, analyst research quid pro quos took the form of a …

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Company Stock, Market Rationality, And Legal Reform, Stephen P. Utkus, Richard H. Thaler, Cass R. Sunstein, Shlomo Benartzi Jul 2004

Company Stock, Market Rationality, And Legal Reform, Stephen P. Utkus, Richard H. Thaler, Cass R. Sunstein, Shlomo Benartzi

Coase-Sandor Institute for Law & Economics Research Paper Series

Some eleven million 401(k) plan participants take a concentrated equity position in their retirement savings account, investing more than 20% of the balance in their employer's common stock. Yet investing in the stock of one’s employer is a risky investment on two counts: single securities are riskier than diversified portfolios (such as mutual funds), and the employee's human capital is typically positively correlated with the performance of the company. In the worst-case scenario, illustrated by the Enron bankruptcy, workers can lose their jobs and much of their retirement wealth simultaneously. For workers who expect to work for the company for …

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Confidentiality In Victim Offender Mediation: A False Promise, Mary Ellen Reimund Jul 2004

Confidentiality In Victim Offender Mediation: A False Promise, Mary Ellen Reimund

Journal of Dispute Resolution

The intent of the article is to provide the framework by which victim offender programs can delve into the complexities of mediation confidentiality and avert potential disaster. First, a foundation is needed to explain the philosophical goals of restorative justice, the VOM process, and mediation as it relates to restorative justice. With that background, areas that are likely to spark confidentiality concerns will be discussed as will exemplary confidentiality statutes, cases, and the Uniform Mediation Act. By carving a path of awareness through this previously unexplored topic as it relates to VOM, there will be less likelihood of false promises …

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Assuring Excellence, Or Merely Reassuring - Policy And Practice In Promoting Mediator Quality, Charles Pou Jr. Jul 2004

Assuring Excellence, Or Merely Reassuring - Policy And Practice In Promoting Mediator Quality, Charles Pou Jr.

Journal of Dispute Resolution

Mediation practice in the United States has grown substantially over the last two decades, as has the number of people offering to serve as mediators. This growth has led some to argue that competency standards are needed to protect consumers and promote the integrity of mediation processes. While professionals and researchers have tried over the past fifteen years or so to define "what mediators do" and better understand "how to do it well," alternative dispute resolution (ADR) programs, roster administrators, and parties seeking neutrals have had to make day-to-day choices.

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On Hostile Ground: Ohio's Notice To Insolvent Insurance Companies With Arbitration Agreements - Bejamin V. Pipoly, Frank C. Koranda Jr. Jul 2004

On Hostile Ground: Ohio's Notice To Insolvent Insurance Companies With Arbitration Agreements - Bejamin V. Pipoly, Frank C. Koranda Jr.

Journal of Dispute Resolution

In Benjamin v. Popoly, the Court of Appeals of Ohio reviewed whether the liquidator of an insolvent insurance company have the power to avoid the enforcement of arbitration agreements. The court held that the broad statutory power conferred to a liquidator permitted them to affirm or disavow any contracts made by the insolvent insurance companies, including any contractual provisions for the arbitration of disputes. The court also expressly overruled prior Ohio case law regarding the status of arbitration agreements in insurance insolvency.

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Settlement, Secrecy, And Judicial Discretion: South Carolina's New Rules Governing The Sealing Of Settlements, Laurie Kratky Dore Jul 2004

Settlement, Secrecy, And Judicial Discretion: South Carolina's New Rules Governing The Sealing Of Settlements, Laurie Kratky Dore

South Carolina Law Review

No abstract provided.

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The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman Jul 2004

The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman

South Carolina Law Review

No abstract provided.

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Settlements And Secrets: Is The Sunshine Chilly, James E. Rooks Jr. Jul 2004

Settlements And Secrets: Is The Sunshine Chilly, James E. Rooks Jr.

South Carolina Law Review

No abstract provided.

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The Laudable South Carolina Court Rules Must Be Broadened, Richard A. Zitrin Jul 2004

The Laudable South Carolina Court Rules Must Be Broadened, Richard A. Zitrin

South Carolina Law Review

No abstract provided.

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The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo Jul 2004

The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo

Campbell Law Review

This article begins with an examination of the origin of the federal tax exemption of the tax-exempt hospital, the current statutory frame-work for federal tax exemption, and the community benefits standard. Next, the article discusses the rationale for the exemption and the regulatory changes in the standards of exemption that paved the way for the current movement away from charity care by the tax-exempt hospital and the need for new national guidance. Thereafter, the article discusses some state initiatives aimed at making the tax-exempt hospital more accountable. Finally, the article recommends that the Internal Revenue Service (the "Service") issue a …

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There Is A Porn Store In Mr. Roger's Neighborhood: Will You Be Their Neighbor? How To Apply Residential Use Restrictive Covenants To Modern Home Businesses, Drew Lucas Jul 2004

There Is A Porn Store In Mr. Roger's Neighborhood: Will You Be Their Neighbor? How To Apply Residential Use Restrictive Covenants To Modern Home Businesses, Drew Lucas

Campbell Law Review

No abstract provided.

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Implicit Racial Attitudes Of Death Penalty Lawyers, Theodore Eisenberg, Sheri Lynn Johnson Jul 2004

Implicit Racial Attitudes Of Death Penalty Lawyers, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Faculty Publications

Defense attorneys commonly suspect that the defendant's race plays a role in prosecutors' decisions to seek the death penalty, especially when the victim of the crime was white. When the defendant is convicted of the crime and sentenced to death, it is equally common for such attorneys to question the racial attitudes of the jury. These suspicions are not merely partisan conjectures; ample historical, statistical, and anecdotal evidence supports the inference that race matters in capital cases. Even the General Accounting Office of the United States concludes as much. Despite McCleskey v. Kemp, in which the United States Supreme Court …

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Was Arthur Andersen Different? An Empirical Examination Of Major Accounting Firm Audits Of Large Clients, Theodore Eisenberg, Jonathan R. Macey Jul 2004

Was Arthur Andersen Different? An Empirical Examination Of Major Accounting Firm Audits Of Large Clients, Theodore Eisenberg, Jonathan R. Macey

Cornell Law Faculty Publications

Enron and other corporate financial scandals focused attention on the accounting industry in general and on Arthur Andersen in particular. Part of the policy response to Enron, the criminal prosecution of Andersen eliminated one of the few major audit firms capable of auditing many large public corporations. This article explores whether Andersen’s performance, as measured by frequency of financial restatements, measurably differed from that of other large auditors. Financial restatements trigger significant negative market reactions and their frequency can be viewed as a measure of accounting performance. We analyze the financial restatement activity of approximately 1,000 large public firms from …

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The Inherent Flaws In The Inherent Authority Position: Why Inviting Local Enforcement Of Immigration Laws Violates The Constitution, Immigr. & Nat'lity L. Rev., Huyen Pham Jul 2004

The Inherent Flaws In The Inherent Authority Position: Why Inviting Local Enforcement Of Immigration Laws Violates The Constitution, Immigr. & Nat'lity L. Rev., Huyen Pham

Faculty Scholarship

After 9/11, Attorney General John Ashcroft announced that state and local authorities have "inherent authority" as sovereigns to enforce federal immigration laws. This announcement, a reversal from previous legal positions taken by DOJ, sent shockwaves through the immigrant and law enforcement communities. Previously, immigration law had been treated, both by law and in practice, as the exclusive province of the federal government.

This article considers the constitutional barriers to local enforcement. Although the fascinating interplay among immigration law, national security and anti-terrorism, and federalism has been highlighted in some of the debate up to now, the federalism-related issues go beyond …

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Foreword, Christopher H. Schroeder Jul 2004

Foreword, Christopher H. Schroeder

Law and Contemporary Problems

In the summer of 2001, a group of lawyers, law professors, students, and judges formed the American Constitution Society. The organization’s avowed purpose is "to counter the dominant vision of American law today, a narrow conservative vision that lacks appropriate regard for the ways in which the law affects people’s lives: and to "restore the fundamental principles of respect for human dignity, protection of individual rights and liberties, genuine equality, and access to justice to their rightful- and traditionally central-place in American law."1 By spring 2002, the American Constitution Society had formed more than fifty campus chapters, plus lawyer chapters …

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Just Do It, Girardeau A. Spann Jul 2004

Just Do It, Girardeau A. Spann

Law and Contemporary Problems

No abstract provided.

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Left Out, Louis Michael Seidman Jul 2004

Left Out, Louis Michael Seidman

Law and Contemporary Problems

Seidman presents information on the collapse of the progressive left's position on criminal justice. The faltering of the left in this area is due to inherent contradictions in their position which have weakened their stance overall.

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Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry Jul 2004

Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry

Law and Contemporary Problems

Sherry presents information concerning the labeling of court decisions as being liberal or conservative victories. Because each case can be viewed in different aspects of liberalism and conservatism, it is more appropriate to simply recognize that there are important, non-ideological values at stake on both sides of each case.

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Progressive And Conservative Constitutionalism As The United States Enters The 21st Century, Erwin Chemerinsky Jul 2004

Progressive And Conservative Constitutionalism As The United States Enters The 21st Century, Erwin Chemerinsky

Law and Contemporary Problems

No abstract provided.

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