Law Commons^™

Aviation Law - D.C. Circuit Allows Stage 2 Noise Restriction Yet Defers To Faa's Interpretation Of Anca: City Of Naples Airport Authority V. Federal Aviation Administration, Nellie Strong

Journal of Air Law and Commerce

No abstract provided.

Airline Liability - The Warsaw Convention - United States District Court Of The Southern District Of California Holds That The Passenger May Bring Suit In The United States Because It Is Klm's Place Of Business Through Which The Contract Was Made: Polanski V. Klm Royal Dutch Airlines, Rebecca Tillery

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

A Fait Acompli For The Pbgc And Us Taxpayers: How The Last Hope For Redemption Was Missed In The 2005 Bankruptcy Code Revisions And Subsequent Court Decisions, John P. Henry

Journal of Air Law and Commerce

No abstract provided.

The General Aviation Revitalization Act Of 1994 - An Update, Orla M. Brady

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Mixed Optimization: Diagnosis And Proposed Solution For Several Problems In The Airline Industry, Jesse Hercules

Journal of Air Law and Commerce

No abstract provided.

The Chapter 11 Shuttle - Coincidence Or Competitive Strategy, Eva M. Dowdell

Journal of Air Law and Commerce

No abstract provided.

Internationa Aircraft Financing (Book Review), Constance O'Keefe

Journal of Air Law and Commerce

No abstract provided.

Getting The Sand Out Of The Eyes Of The Law: The Need For A Clear Rule For Sand Suppliers In Texas After Humble Sand & (And) Gravel, Inc. V. Gomez., Victor E. Schwartz, Mark A. Behrens, Andrew W. Crouse

St. Mary's Law Journal

Health risks associated with the inhalation of silica dust have been known for a very long time. In the United States, the American Foundrymen’s Society has distributed literature addressing silica exposure hazards to its members for over 100 years. For years, litigation against industrial sand manufacturers concerning silica exposure was stable, though recently there has been a marked increase in the number lawsuits. While the number of suits continues to climb, the government reports silica-related deaths have declined dramatically. It appears plaintiffs’ attorneys are manufacturing silica claims using the same lawsuit-generating devices developed during the asbestos context. Tort law recognizes …

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Publications

No abstract provided.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Till Death Do Us Part: Marriage, Hiv/Aids And The Law In Zimbabwe, Slyvia Chirawu

Cardozo Journal of Equal Rights & Social Justice

The article argues that marriage, cultural practices, and legal frameworks in Zimbabwe disproportionately expose women to HIV/AIDS, with marriage paradoxically increasing their vulnerability despite societal expectations of protection. It contends that legal reforms alone are insufficient to address this issue, emphasizing the need for transformative gender equity to challenge the deeply rooted power imbalances and cultural norms that perpetuate women's susceptibility to HIV infection.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

A New I Do: Towards A Marriage-Neutral Income Tax, Shari Motro

Law Faculty Publications

The federal income tax system treats married couples as if each spouse earned approximately one-half of the couple's combined income through a mechanism called "income splitting. " For many one-earner and unequal-earner couples, income splitting produces a significant advantage, a "marriage bonus," by shifting income from higher to lower rate brackets. Marriage-based income splitting relies on a presumption that marriage is a good indicator of economic unity between two taxpayers. It is not. Marriage does not require spousal sharing, and many unmarried couples share everything they earn. As a result, the current system extends the benefit of income splitting to …

Speech Of Government Employees, Ann C. Hodges

Law Faculty Publications

For many years, government employment was considered a privilege rather than a right, and, as a result, the government could place restrictions on employee speech that would be unconstitutional if applied to citizens.

Jurisdiction And Discretion In Hybrid Law Cases, John F. Preis

Law Faculty Publications

An everlasting debate in the federal courts field is which branch of the federal government has the power to control federal jurisdiction. While some commentators and judges assert that the judiciary has the implicit authority to refine the boundaries of its jurisdiction, others argue that Article III vests that authority with Congress only and judicial modification of jurisdiction is illegitimate. In focusing almost entirely on the constitutional legitimacy of the question, this debate has overlooked an important consideration: Even if the judiciary may legitimately wield discretion in setting its jurisdiction, is such discretion functionally appropriate?

This Article argues that such …

Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …

Bearded Ladies Walking On The Brooklyn Bridge, David G. Epstein

Law Faculty Publications

This article discusses the post-Restatement Second use, misuse, and abuse of the terms "bilateral contract" and "unilateral contract" and answers the hypotheticals in the first paragraphs of the article.

The False Dichotomy Of Rape Trauma Syndrome, Holly Hogan

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal system's distinction between offensive and defensive uses of Rape Trauma Syndrome (RTS) testimony, arguing that this dichotomy is flawed. It contends that even testimony categorized as defensive often functions offensively by influencing the jury's perception of the victim's credibility. The article proposes a functional approach to evaluating RTS testimony, focusing on whether it vouches for the victim's credibility or explains counterintuitive behaviors, rather than adhering to the formal offensive/defensive framework.

Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. courts erred in dismissing the Joo case, which sought justice for Korean Comfort Women against Japan. It contends that the dismissals were based on flawed legal analyses, particularly regarding sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) and the political question doctrine. The author advocates for the women's right to a judicial hearing under U.S. and international law, emphasizing the need for accountability for war crimes and crimes against humanity.

The Tale Of Two Systems: How Integrated Divorce Laws Can Remedy The Unintended Effects Of Pure No-Fault Divorce, Karen Turnage Boyd

Cardozo Journal of Equal Rights & Social Justice

The article critiques the unintended consequences of pure no-fault divorce laws, arguing that they fail to protect the economic and emotional well-being of innocent spouses, particularly women and homemakers. It advocates for an integrated divorce system that combines fault and no-fault grounds, using Georgia's approach as a model. This hybrid system would allow courts to consider fault in property distribution and spousal support, providing greater protections for vulnerable parties while maintaining the flexibility of no-fault divorce.

How Far Is The 'Door Ajar'? Whether Rape As Torture Is Actionable Under The Alien Tort Statute After Sosa, Zachary S. Kahn

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of lifetime or extended orders of protection in New York State to better safeguard domestic violence victims. It highlights the limitations of the current legal framework, which requires victims to repeatedly seek renewals of protective orders, and argues that longer or indefinite orders would reduce trauma and enhance safety. The analysis draws on comparative examples from states like New Jersey and California to support its proposal for stronger legal measures.

Blogs And The First Amendment, David L. Hudson Jr.

Law Faculty Scholarship

An essay discussing the First Amendment implications of blogs.

Drinking From A Deep Well: The Public Trust Doctrine And Western Water Law, Carol N. Brown

Law Faculty Publications

American water law reflects the diverse geography and population patterns of this expansive country.1 In the eastern states, where water is rather abundant, the doctrine of riparian rights dominates water law.2 The arid western states, in contrast, rejected the doctrine of riparian rights in favor of the doctrine of prior appropriation due to a natural scarcity of water and increasing population growth.3 The western states provide fertile ground to consider the burdens of a rapidly growing region on already scarce water resources.4 My thesis is that the public trust doctrine is being underutilized by the states and that the optimal …

James Madison’S Celebrated Report Of 1800: The Transformation Of The Tenth Amendment, Kurt T. Lash

Law Faculty Publications

It has become commonplace to describe the Rehnquist Court as having staged a "Federalism Revolution." Although the current status of the Revolution is in dispute, historical treatment of the Supreme Court's jurisprudence under Chief Justice Rehnquist no doubt will emphasize a resurgence of federalism and limited construction of federal power. Cases like Gregory v. Ashcroft, New York v. United States, United States v. Lopez, Printz v. United States, Alden v. Maine, and United States v. Morrison all share a common rule of interpretation: Narrow construction of federal power to interfere with matters believed best left under state control. The textual …

Cumulative Supplement To Jurisdiction In Civil Action, Wendy Collins Perdue

Law Faculty Publications

Cumulative supplement to Jurisdiction in Civil Action Third Edition.

Do You Want Spam With That - The Can-Spam Act, Preemption, And First Amendment Commercial Speech Jurisprudence Concerning State University Anti-Solicitation E-Mail Policy, Dan Hopper

SMU Law Review

No abstract provided.

Beyond Economics As Religion, Peter J. Hill

Case Western Reserve Law Review

No abstract provided.