Law Commons^™

United States V. Patane: The Supreme Court's Continued Assault On Miranda, David Bosworth

Mercer Law Review

In United States v. Patane, the United States Supreme Court ruled on the issue of whether a police officer's failure to give a suspect the complete Miranda warnings required the court to suppress a gun found as a result of the suspect's voluntary statements. In a 5-4 decision, the Court held that failure to give such warnings does not require suppression of physical evidence gained from unwarned voluntary statements. The dissenting justices were concerned about the negative effects this ruling would have on police procedures, judicial inquiries, and suspect's rights. This decision creates another exception to the Miranda rule …

Charter Schools And Gifted Education: Legal Obligations, Suzanne E. Eckes, Jonathan A. Plucker

The Journal of Law and Education

No abstract provided.

Title Ix And Intercollegiate Athletics: Wrestling With Elephants - Counterpoint: Introduction, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

A Real Home Field Advantage: Access To Public University Foundation Records, Scott Reinardy, Charles N. Davis

The Journal of Law and Education

No abstract provided.

Applying Intent-Based Parentage Principles To Nonlegal Lesbian Coparents, Melanie B. Jacobs

Northern Illinois University Law Review

With increasing frequency, courts are being asked to determine the parental rights of lesbian partners; some of these partners have no biological connection to their child(ren) while others have donated genetic material. Current parentage laws are often inadequate to resolve these disputes and even when they are available, courts are often reluctant to apply them and depart from the traditional family law paradigm of one mother/one father. In this article, the author argues that courts should embrace the doctrine of intentional parenthood to legalize the rights of nonlegal lesbian partners, with two caveats: first, courts should not apply intent-based principles …

Child Support Obligations That Result From Male Sexual Victimization: An Examination Of The Requirement Of Support, Dana Johnson

Northern Illinois University Law Review

This comment examines the consideration of male sexual victimization in child support judgments. Specifically, this comment addresses situations in which fatherhood resulted from male sexual victimization. State courts have rejected the arguments that young boys have made in an attempt to avoid the financial consequences of their victimization. While these arguments have all failed, this comment argues that state courts have not adequately considered male sexual victimization in this context. These courts have clung tightly to child support policies, but have failed to protect victimized boys by adhering to gender stereotypes about boys and sex. With more education and a …

2005 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 16

God vs. The Gavel, page 24

An Interview with Robert Schwartz ’92, page 26

Adieu J.D.: A Tribute to Jacques Derrida, page 30

Clerking at the ICTY, page 36

Effecting Change Globally: Cardozo Alumni Working in the International Arena, page 40

Alumni News, page 46

Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell

Faculty Works

The lawyer's role as a "public citizen" also involves a duty to "seek improvement of the law." Changing technology has changed the way lawyers practice law. As public citizens lawyers have an affirmative commitment to the social goal of a just society. Ethical issues arise in the use of technology in society, and lawyers play a central role in social ordering. The idea that advocates in an adversary system have special responsibilities is not new.

Private Contracting And Business Models Of Electronic Commerce, Ichiro Kobayashi

University of Miami Business Law Review

No abstract provided.

Is Diamond Smuggling Forever? The Kimberley Process Certification Scheme: The First Step Down The Long Road To Solving The Blood Diamond Trade Problem, Julie L. Fishman

University of Miami Business Law Review

No abstract provided.

The Way It Is And The Way It Should Be: Liability Under §10(B) Of The Exchange Act And Rule 10b-5 Thereunder For Making False And Misleading Statements As Part Of A Scheme To "Pump And Dump" A Stock, David B. Kramer

University of Miami Business Law Review

No abstract provided.

On Discounting Regulatory Benefits: Risk, Money, And Ingergenerational Equity, Cass R. Sunstein, Arden Rowell

Coase-Sandor Institute for Law & Economics Research Paper Series

There is an elaborate debate over the practice of "discounting" regulatory benefits, such as environmental improvements and decreased risks to health and life, when those benefits will not be enjoyed until some future date. Economists tend to think that, as a general rule, such benefits should be discounted in the same way as money; many philosophers and lawyers doubt that conclusion on empirical and normative grounds. Both sides neglect a simple point: Once government has converted regulatory benefits into monetary equivalents, what is being discounted is merely money, not regulatory benefits as such. No one seeks to discount health and …

A Government Of Limited Powers, Carl E. Schneider

Articles

Roscoe C. Filburn owned a small farm in Ohio where he raised poultry, dairy cows, and a modest acreage of winter wheat. Some wheat he fed his animals, some he sold, and some he kept for his family's daily bread. The Agricultural Adjustment Act of 1938 limited the wheat Mr. Filburn could grow without incurring penalties, but his 1941 crop exceeded those limits. Mr. Filburn sued. He said Claude Wickard, the Secretary of Agriculture, could not enforce the AAI's limits because Congress lacked authority to regulate wheat grown for one's own use. He reasoned: In our federal system, the states …

Giftedness, Disadvantage, And Law, Cynthia V. Ward

Faculty Publications

No abstract provided.

International Courts And Tribunals, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman

Faculty Publications

This article reviews and summarizes significant developments in 2004 concerning international courts and tribunals, particularly events relating to tbe International Court of Justice, tbe United Nations Compensation Commission, the Iran-U.S. Claims Tribunal, and tbe Claims Resolution Tribunal. Significant developments relating to the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia and for Rwanda, proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of tbe Sea, and tbe World Trade Organization dispute settlement system and other trade dispute settlement systems are detailed in other articles in this issue.

Table Of Contents

South Carolina Law Review

No abstract provided.

Rethinking In Re Busch: Bankruptcy Discharge Of Sexual Harassment Judgments Under Section 523(A)(6), Andy Gaunce

South Carolina Law Review

No abstract provided.

Hearing Those Who Pay The Bills: A Comparison Of The Federal And South Carolina Taxpayer Standing Models In Light Of Sloan V. Sanford, Joshua D. Spencer

South Carolina Law Review

No abstract provided.