Law Commons^™

Transversal Feminism And Transcendence, Deseriee A. Kennedy

Scholarly Works

No abstract provided.

Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine

Scholarly Works

Deconstructing Bruce Springsteen's album, "Nebraska," Levine demonstrates how Springsteen's songs challenge modern paradigms of crime, punishment and the American criminal justice system. Professor Levine deconstructs the message of the album by introducing the reader to the three categories of criminals who appear on the album: The enigmatic criminal; the sympathetic criminal; and the "criminal as brother." Professor Levine first examines the enigmatic criminal who materializes in Springsteen's title track, "Nebraska." This criminal shows no remorse for his crime and makes no attempt to justify or explain his actions. The enigmatic criminal demonstrates how an exploration of the criminal mindset may …

Teaching Problem-Solving Lawyering: An Exchange Of Ideas, Mark N. Aaronson, Stefan H. Krieger

Faculty Scholarship

No abstract provided.

Attorneys' Perceptions Of Child Witnesses With Mental Retardation, Rebecca Nathanson

Scholarly Works

Children with mental retardation are more likely to be abused than the general population, yet are often denied access to the justice system. Research on children without mental retardation has revealed skepticism as to their reliability as witnesses in the court of law. Even more so, children with mental retardation face the issue of credibility because of their age and disability. This study assesses attorneys' perceptions of child witnesses with mental retardation. Thirty-nine criminal attorneys completed a 33-item questionnaire designed to assess their opinions of the abilities of adults and of children with and without mental retardation to recall and …

Book Review, Walking A Gantlet: Nielsen’S License To Harass, Lynne Henderson

Scholarly Works

No abstract provided.

Reviving Constitutionalism In Iraq: Key Provisions Of The Transitional Administrative Law, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

The Report Of The U.N. High-Level Panel And The Use Of Force In Iraq In 2003, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

Who Next, The Janitors? A Socio-Feminist Critique Of The Status Hierarchy Of Law Professors, Kathryn M. Stanchi

Scholarly Works

This paper is an invitation to those in the legal academy who self-identify as egalitarian, as feminist, or as otherwise committed to equality in the law and the legal profession. The essay asks feminists and egalitarians to notice and resist the institutionalized and illegitimate status hierarchy operating in American law schools. Like any status hierarchy, its boundaries are well defined and well enforced. Additionally, and perhaps not surprising to feminists, this hierarchy is gendered, with the lowest rank overwhelmingly composed of women and the highest rank overwhelmingly composed of men. The players in this status hierarchy are the faculties and …

A Dedication To Dean Joseph P. Tomain: Educator, Scholar, And Leader, Donna M. Nagy, Barbara G. Watts

Articles by Maurer Faculty

No abstract provided.

The Interpretive Project And The Problem Of Legitimacy, Barbara K. Bucholtz

Articles, Chapters in Books and Other Contributions to Scholarly Works

It is remarkable that the common law remains as vibrant and as vulnerable today as it was in the nineteenth century. Its vibrancy continues to be illuminated by its responsiveness to societal changes; its vulnerability continues to reflect the flip-side of that responsiveness: an inherent indeterminacy. The analysis that follows investigates the feasibility of maintaining the former characteristic while curtailing the latter, and it is limited to the common law in its interpretive capacity. The principal focus of the analysis is, in keeping with the theme of the conference, the common law of contracts. From that perspective, the Article articulates …

Grounding Nike: Exposing Nike's Quest For A Constitutional Right To Lie, Tamara Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Time And Punishment, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

A Cosmopolitan View Of Transnational Bottom-Up Lawmaking: The Case Of Export Credit Insurance, Janet K. Levit

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The "Comity" Of Empagran: The Supreme Court Decides That Foreign Competition Regulation Limits American Antitrust Jurisdiction Over International Cartels, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

In 2004, the U.S. Supreme Court determined that the amorphous doctrine of "comity between nations" limited the reach of U.S. antitrust laws where an international cartel had a direct, substantial and foreseeable effect on U.S. commerce (as the statute provided) but where damages were suffered in foreign markets only. The Article challenges the reasoning of the majority, arguing that so limiting the reach of the antitrust laws is not only inconsistent with the statute's intent, but ultimately removes an important source of cartel deterrent.

Rules, Principles, Or Just Words? The Interpretive Project And The Problem Of Legitimacy, Barbara Bucholtz

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Attacking The Ncaa's Anti-Transfer Rules As Covenants Not To Compete, Ray Yasser, Clay Fees

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Weight Of Intangible Property And Its Laws, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Hail To The Chief: Former Law Clerks For William Rehnquist Recall What They Learned And How He Touched Their Lives, Craig M. Bradley, Laura E. Little, John C. Englander, Celestine Richards Mcconville

Articles by Maurer Faculty

Chief Justice William H. Rehnquist, who died Sept. 3, is remembered for his disarming warmth and humor, breadth of knowledge about the law, and insistence that there is life outside the office. Few knew him better than the legions of clerks who tolled with and learned from him. Indeed, the sheer number who attended his funeral testifies to how highly he was regarded. Here, four former clerks from the decades of the 1970s, '80s and '90s write about their own particular memories of the late chief justice.

Diversity: A Fundamental American Principle, David Orentlicher

Scholarly Works

In this article, Professor David Orentlicher argues that following the U.S. Supreme Court's affirmative action decisions in June 2003, both the Court in its defense of diversity and the commentators in their critiques of the diversity rationale have misjudged the public interest in diversity . Rather than having insufficient weight to justify affirmative action or reflecting a limited educational interest, diversity is a critical principle for much of American constitutional and social structure. In particular, the federalist system of government rests in large part on the belief that a diversity of approaches by the fifty states will lead to better …

An Idea Whose Time Should Never Have Come, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Teaching Tax Stories, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

Addressing Imperfections In The Tax System: Procedural Or Substantive Reform?, Leandra Lederman, Stephen W. Mazza

Articles by Maurer Faculty

In his book "Perfectly Legal: The Covert Campaign to Rig Our Tax System to Benefit the Super Rich - and Cheat Everybody Else", David Cay Johnston, the Pulitzer Prize-winning reporter for the New York Times, covers a wide array of topics, including some that are quite complex, in a very readable way. The federal income tax system generally and tax compliance in particular are important focuses of the book, but the theme that implicitly connects chapters that otherwise appear unrelated is a variety of aspects of income inequality.

Although "Perfectly Legal" does not make a clear case that politicians and …

Decanal Haiku, Nancy B. Rapoport

Scholarly Works

Musings on the life of a law school dean.

Enron And The New Disinterestedness - The Foxes Are Guarding The Henhouse, Nancy B. Rapoport

Scholarly Works

Discussion of the 2005 amendments to the U.S. Bankruptcy Code as those changes relate to conflicts of interest of investment bankers.

Table Of Contents - Cardozo Law Review, Volume 26, Issue 2

Cardozo Law Review

No abstract provided.

Constitutional Law As Political Spoils, William P. Marshall

Cardozo Law Review

No abstract provided.

But I Was Just A Kid!: Does Using Juvenile Adjudications To Enhance Adult Sentences Run Afoul Of Apprendi V. New Jersey?, Douglas M. Schneider

Cardozo Law Review

No abstract provided.

A Crime By Any Other Name: The Semantics Of Hate, Barbara Perry

Journal of Hate Studies

I have become increasingly dissatisfied with the continued reliance on the term “hate crime,” due in large measure to the often willful scholarly and public misunderstanding and misuse of the phrase, wherein references are made to such processes as “the criminalization of hatred” (Dority 1994). In response to such tendencies, like Gail Mason (2001, 253) in her recent Law and Critique article, “I wish to raise some questions about hate as a heuristic device.”

Facts, Rights, And Remedies: Implementing International Law In The Israel/Palestine Conflict, George Bisharat

Faculty Scholarship

No abstract provided.

Norms And Enforcement: The Case Against Copyright Litigation, Ben Depoorter, Sven Vanneste

Faculty Scholarship

No abstract provided.