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Articles 7801 - 7830 of 9707
Full-Text Articles in Law
Symposium Remarks: Plea For The Next Great Wave Of Reform, Burnele V. Powell
Symposium Remarks: Plea For The Next Great Wave Of Reform, Burnele V. Powell
Hofstra Law Review
No abstract provided.
The Sec, The States And Attorney Conduct Rules: An Analysis Of Preemption Issues, Sara Levy
The Sec, The States And Attorney Conduct Rules: An Analysis Of Preemption Issues, Sara Levy
Hofstra Law Review
No abstract provided.
Judicial Error That Is Subject To Discipline In New York, Gerald Stern
Judicial Error That Is Subject To Discipline In New York, Gerald Stern
Hofstra Law Review
No abstract provided.
The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley
The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley
Hofstra Law Review
No abstract provided.
The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz
The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz
Hofstra Law Review
Prompted by the litany of complaints about corporate boards - as once again highlighted by recent corporate scandals - this paper seeks to add to the literature on why corporation laws in the United States (and, indeed, around the world) generally call for corporate governance by or under a board of directors. Moreover, this paper takes a very different approach in searching for an answer. Instead of theorizing, this paper examines historical sources in order to look at how and why an elected board of directors came to be the accepted mode of corporate governance. This will entail a reverse …
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Hofstra Law Review
No abstract provided.
The Myth Of Separation: America's Historical Experience With Church And State, Patrick M. Garry
The Myth Of Separation: America's Historical Experience With Church And State, Patrick M. Garry
Hofstra Law Review
This article examines the historical experience of the First Amendment's Establishment Clause. Throughout the colonial and constitutional periods of the United States, the classical concept of an exclusive state church dominated the American image of an establishment of religion. Astate preference of one denomination over others was what was primarily thought to be an establishment of religion, as the Framers did not want to duplicate the English experience with the established Anglican church.
Late eighteenth century Americans agreed that government could provide special assistance to religion in general, as long as such assistance was given without any preference among sects. …
Far From Routine: Exempting Existing Sources From New Source Review Under The Equipment Replacement Provision, Adrian P. Castro
Far From Routine: Exempting Existing Sources From New Source Review Under The Equipment Replacement Provision, Adrian P. Castro
Hofstra Law Review
No abstract provided.
To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix
To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix
Hofstra Law Review
The practice of dueling demolishes any happy notion that people are fundamentally the same regardless of the particular chronological moment in which they inhabit the world. Yet the duel flourished in the United States at least until the latter decades of the nineteenth century, when it died out in a regionally specific manner. This Article provides an antidote to static views of dueling by analyzing the duel as both a subject of legal regulation and a precursor to legal remedies for injuries to reputation. The duel carried profound public meaning; to duel was to perform the specific role of gentleman …
Telecommuters And Their Virtual Existence In The Unemployment World, Beverly Reyes
Telecommuters And Their Virtual Existence In The Unemployment World, Beverly Reyes
Hofstra Law Review
No abstract provided.
Secularizing The Sacrosanct: Defining "Sacred" For Native American Sacred Sites Protection Legislation, Amber L. Mcdonald
Secularizing The Sacrosanct: Defining "Sacred" For Native American Sacred Sites Protection Legislation, Amber L. Mcdonald
Hofstra Law Review
No abstract provided.
Walking The Clinical Tightrope: Enhancing The Role Of Teacher, Jane H. Aiken
Walking The Clinical Tightrope: Enhancing The Role Of Teacher, Jane H. Aiken
Georgetown Law Faculty Publications and Other Works
The University of Maryland School of Law is celebrating thirty years of providing exceptional clinical education. Such occasions offer unique opportunities to reflect. In thirty years there has been a lot of growth and a lot of change. Some say that the change has detoured us from the ultimate goal of client service and access to justice. I say that the thirty years have changed us for the better. One thing that hasn't changed is that clinicians still have an abiding interest in dealing with social injustices and in playing a proactive role in ensuring a just society. Thirty years …
Balancing Ease And Accuracy In Assessing Pharmaceutical Exclusion Payments, Mark D. Janis, Herbert Hovenkamp, Mark A. Lemley
Balancing Ease And Accuracy In Assessing Pharmaceutical Exclusion Payments, Mark D. Janis, Herbert Hovenkamp, Mark A. Lemley
Articles by Maurer Faculty
No abstract provided.
Mercosur, The Free Trade Area Of The Americas And The Future Of U.S. Hegemony In Latin America, Mario E. Carranza
Mercosur, The Free Trade Area Of The Americas And The Future Of U.S. Hegemony In Latin America, Mario E. Carranza
Fordham International Law Journal
No abstract provided.
The European Convention On Human Rights And Counter-Terrorism, John Hedigan
The European Convention On Human Rights And Counter-Terrorism, John Hedigan
Fordham International Law Journal
No part of the world has more experience with terrorism than Europe. The response of the Council of Europe through the jurisprudence of the European Court of Human Rights to its experience of terrorism may therefore assist in the ongoing battle against terrorism. The European Convention reflects in many ways libertarian political and cultural values shared with the United States. Its interpretation by the Court in the light of counter-terrorist measures by concerned governments may therefore have some relevance in the United States.
Refuge In An Insecure Time: Seeking Asylum In The Post-9/11 United States, Eleanor Acer
Refuge In An Insecure Time: Seeking Asylum In The Post-9/11 United States, Eleanor Acer
Fordham International Law Journal
The current climate of insecurity has in a sense presented an opportunity for those with restrictive immigration agendas to use a new vocabulary to advance long desired objectives as well as new policies that sacrifice fairness and negatively affect immigrants. The result has been a decline in due process and the undermining of basic protections of international refugee and human rights law, including: the prohibition on arbitrary detention, embodied in Article 9 of the International Covenant on Civil and Political Rights; the prohibition on returning a refugee to persecution, the cornerstone of the 1951 Convention Relating to the Status of …
The Calculus Of Animal Valuation: Crafting A Viable Remedy, Margit Livingston
The Calculus Of Animal Valuation: Crafting A Viable Remedy, Margit Livingston
College of Law Faculty
This article examines the current tort doctrine that values companion animals only at fair market value, which is minimal for most pets. The author argues that this rule severely undercompensates most plaintiffs whose companion animals are destroyed through another's negligent or intentional act. Pet owners typically keep companion animals for relational, not economic, purposes. As a result, the formulation for tort damages should reflect the true worth of these creatures in our lives. The author proposes a damages scheme for plaintiffs under which they could recover the replacement cost of their deceased companion animal plus a limited amount of damages …
The Latest Developments In Article 9, Ingrid Hillinger, Mark Leipold, Margit Livingston
The Latest Developments In Article 9, Ingrid Hillinger, Mark Leipold, Margit Livingston
College of Law Faculty
No abstract provided.
Litigation Under The Individuals With Disabilities Education Act After Buckhannon Board & Care Home, Inc. V. West Virginia Department Of Health & (And) Human Resources, Mark Weber
College of Law Faculty
No abstract provided.
Race, National Security, And Unintended Consequences: A Sideways Glance At Brown V. Board Of Education At Fifty, Mark Moller
Race, National Security, And Unintended Consequences: A Sideways Glance At Brown V. Board Of Education At Fifty, Mark Moller
College of Law Faculty
No abstract provided.
The Doctrine Of Equivalents And Claiming The Future After Festo, Joshua Sarnoff
The Doctrine Of Equivalents And Claiming The Future After Festo, Joshua Sarnoff
College of Law Faculty
In two recent cases, Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17 (1997), and Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., 535 U.S. 722 (2002), the Supreme Court unanimously approved of the modern doctrine of equivalents articulated in Graver Tank & Manufacturing Co. v. Linde Air Products Co., 339 U.S. 605 (1950). The Court also extended equivalents protection to later-arising technologies and imperfectly reconciled the modern doctrine with the doctrine of prosecution history estoppel for amended claims. The Court's new doctrine conflicts with historic implied-disclaimer standards. The U.S. Court of Appeals for the Federal Circuit has further …
Note, Law, Race, And The Border: The El Paso Salt War Of 1877, Allison Tirres
Note, Law, Race, And The Border: The El Paso Salt War Of 1877, Allison Tirres
College of Law Faculty
No abstract provided.
The (Non)Taxation Of Risk, David A. Weisbach
The (Non)Taxation Of Risk, David A. Weisbach
Coase-Sandor Institute for Law & Economics Research Paper Series
A long line of literature argues that income taxes do not tax the return to risk bearing. The conclusion, if correct, has important implications for the choice between an income tax and a consumption tax and for the design of income taxes. The literature, however, on its face seems unrealistic because it models only very simplified tax systems, assumes perfect rationality by individuals, and requires the government to take complex positions in securities markets to hold in equilibrium. This paper examines the extent to which these problems affect the conclusions we draw from the literature. It argues that the criticisms …
The Right To Destroy, Lior Strahilevitz
The Right To Destroy, Lior Strahilevitz
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Michigan Law Review
Yale Kamisar was absent when I was first interviewed by a number of faculty members from the University of Minnesota Law School where he was then teaching. These sessions took place between Christmas and New Year's in 1959 (when I was a third-year student at Penn), at the annual meeting of the Association of American Law Schools, that year in St. Louis. Yale had planned to be there, I was told, but cancelled because he was behind schedule in completing an article. So while I didn't meet him on that occasion, I surely learned what would ring familiar many times …
Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Michigan Law Review
Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terrorist attacks that only an unconstrained executive could prevent? Posed in varying configurations, the question has already generated extensive litigation since September 11, 2001, and a dozen major appellate rulings. Last Term's Supreme Court trilogy - Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla - clarified several important points …
Hierarchies Of Harm In Canadian Criminal Law: The Marijuana Trilogy And The Forcible 'Correction' Of Children, Janine Benedet
Hierarchies Of Harm In Canadian Criminal Law: The Marijuana Trilogy And The Forcible 'Correction' Of Children, Janine Benedet
All Faculty Publications
The author examines the seemingly contradictory Supreme Court of Canada decisions which upheld the prohibition on possession of marijuana (R. v. Malmo-Levine), yet allowed the defence of “reasonable correction” for parents and teachers charged with assaulting a child (Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)). She argues that these two decisions speak to the limits of the criminal law and the role that section 7 of the Canadian Charter of Rights and Freedoms plays in setting those limits. These decisions are also linked by the attempt by some members of the Court to establish a …
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin
Journal of Dispute Resolution
One of the primary goals of the Center for the Study of Dispute Resolution (CSDR) at the University of Missouri-Columbia School of Law has been to develop innovative and alternative teaching models that prepare law students to be better, more responsive lawyers and to broaden the philosophical maps (or mental models or mind sets) with which they approach their work