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2006

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Articles 1201 - 1230 of 11380

Full-Text Articles in Law

Panel Report: Issues In Article Iii Courts, Debra A. Livingston Oct 2006

Panel Report: Issues In Article Iii Courts, Debra A. Livingston

Cardozo Public Law, Policy & Ethics Journal

The article explores the challenges Article III courts face in balancing national security interests with procedural due process when handling cases involving classified information, particularly in terrorism-related prosecutions. It examines the logistical, constitutional, and evidentiary issues arising from the use of secret evidence, raising questions about the adequacy of current legal frameworks and the potential need for alternative procedural mechanisms.

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Introduction, Ellen Yaroshefsky Oct 2006

Introduction, Ellen Yaroshefsky

Cardozo Public Law, Policy & Ethics Journal

The article examines the growing use of secret evidence in various legal contexts, particularly in the post-9/11 era, and explores the tension between national security concerns and fundamental legal principles such as due process, transparency, and the adversary system. It highlights the need to balance these competing interests while ensuring the integrity of legal proceedings. The symposium and subsequent articles analyze the implications of secret evidence across investigative stages, military tribunals, Article III courts, and immigration proceedings, as well as its impact on First Amendment rights and investigative journalism.

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Righting Wrongful Discharge: A Recommendation For The New York Judiciary To Adopt A Public Policy Exception To The Employment-At-Will Doctrine, Nadjia Limani Oct 2006

Righting Wrongful Discharge: A Recommendation For The New York Judiciary To Adopt A Public Policy Exception To The Employment-At-Will Doctrine, Nadjia Limani

Cardozo Public Law, Policy & Ethics Journal

The note examines the public policy exception to the employment-at-will doctrine, emphasizing its critical role in addressing unjust terminations while balancing employer discretion. It highlights the variability in how states define and apply this exception, with a particular focus on New York's refusal to recognize the exception despite its recognition in most other jurisdictions. The analysis advocates for a structured, four-element test to resolve wrongful discharge claims, ensuring clarity and fairness for all parties involved.

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Panel Report: National Security Secrecy In The Courts: A Comparative Perspective From Israel And Ireland, Peter Raven-Hansen Oct 2006

Panel Report: National Security Secrecy In The Courts: A Comparative Perspective From Israel And Ireland, Peter Raven-Hansen

Cardozo Public Law, Policy & Ethics Journal

The article examines how democratic nations, including Israel, Ireland, and the United States, balance national security secrecy with the rule of law in terrorism prosecutions. It highlights the challenges of using secret evidence in criminal trials while maintaining fair procedures, comparing the legal frameworks and practices of these countries. The analysis reveals common issues, such as the tension between protecting sensitive information and ensuring defendants' rights, and underscores the need for transparency and procedural integrity in terrorism cases.

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The Slow Erosion Of The Adversary System: Article Iii Courts, Fisa, Cipa And Ethical Dilemmas, Ellen C. Yaroshefsky Oct 2006

The Slow Erosion Of The Adversary System: Article Iii Courts, Fisa, Cipa And Ethical Dilemmas, Ellen C. Yaroshefsky

Cardozo Public Law, Policy & Ethics Journal

The article examines the increasing reliance on secret evidence in U.S. legal proceedings, particularly in post-9/11 national security and terrorism cases, facilitated by the Classified Information Procedures Act (CIPA) and the Foreign Intelligence Surveillance Act (FISA). This trend undermines the adversarial system by denying defendants access to relevant information, raising ethical concerns for defense attorneys, and potentially eroding constitutional rights. The author advocates for reforms to balance national security with civil liberties, emphasizing the need for judicial vigilance and legislative changes to address these issues.

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Aiding The Final Push Of The Digital Transition, Andrew L. Shapiro Oct 2006

Aiding The Final Push Of The Digital Transition, Andrew L. Shapiro

Cardozo Public Law, Policy & Ethics Journal

The note critically examines the Digital Television Transition and Public Safety Act of 2005, arguing that its approach to the analog-to-digital transition in the U.S. was flawed. The Act's reliance on market forces and lack of comprehensive provisions, particularly in consumer education and support, led to an incomplete transition that disproportionately affected vulnerable consumers. The analysis highlights the need for stronger government intervention to ensure a smoother and more equitable process.

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Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan Oct 2006

Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan

Campbell Law Review

This brief article examines the strategy of avoiding federal court review and federal constitutional claims for same-sex marriage. It first surveys the history of same-sex marriage litigation in the federal courts. It then turns to the question of why federal courts and claims have been avoided, identifying the most obvious explanation - a conscious strategic aim. The conclusions discussed in that section are exemplified in recent litigation in the Ninth Circuit. The article concludes with some comments on the policy implications of the strategy it describes.

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Kelo And The Games People Play: A Game-Theoretic Analysis Of Kelo V. City Of New London, Derek K. Yonai Oct 2006

Kelo And The Games People Play: A Game-Theoretic Analysis Of Kelo V. City Of New London, Derek K. Yonai

Campbell Law Review

This article argues that the Court's holding creates an incentive for private developers to rent-seek by asking local governments to transfer private property to them instead of purchasing it in the private market. Likewise, the Court's holding creates incentives for local governments to take private property pursuant to their eminent domain powers.

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Searching For The Fourth Amendment: In A Post-September 11th World, Does The Rationale Of The Fourth Circuit In United States V. Jenkins Reduce The Fourth Amendment Protections Of Individuals On Military Installations?, Ryan Leary Oct 2006

Searching For The Fourth Amendment: In A Post-September 11th World, Does The Rationale Of The Fourth Circuit In United States V. Jenkins Reduce The Fourth Amendment Protections Of Individuals On Military Installations?, Ryan Leary

Campbell Law Review

This comment will begin by discussing how the Fourth Circuit's rationale in United States v. Jenkins could be interpreted as an exception to the Fourth Amendment's warrant and probable cause requirements on closed military installations. Next, this comment will establish the legal definition of a closed military base to determine the potential impact of any interpretation of the Fourth Circuit's decision in Jenkins. Then, this comment will analyze how Jenkins could be interpreted in both broad and narrow ways and why the narrower reading of the Jenkins opinion should be followed. This comment will then consider how other circuits have …

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Text, Tradition, And Reason In Comparative Perspective: An Introduction, Adam Seligman, Suzanne Last Stone Oct 2006

Text, Tradition, And Reason In Comparative Perspective: An Introduction, Adam Seligman, Suzanne Last Stone

Cardozo Law Review

No abstract provided.

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The Demise Of Federal Takings Litigation, Stewart E. Sterk Oct 2006

The Demise Of Federal Takings Litigation, Stewart E. Sterk

William & Mary Law Review

For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …

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From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein Oct 2006

From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein

William & Mary Law Review

Weblogs have proliferated rapidly in recent years, attracting significant attention and generating important legal issues. Yet so far no coherent economic framework for addressing these issues exists. This Article begins to develop such a framework. It views blogs as the vanguard of what might be called "amateur journalism. " Because the Web and related technology have enabled low entry barriers, blogs can be an important source of specialized knowledge. However, bloggers do not work within a monitoring structure as in large news organizations, and individual blogs may be less accurate than conventional news sources. On the other hand, blogs as …

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Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin Oct 2006

Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin

William & Mary Law Review

No abstract provided.

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Shifting From Race To Ethnicity In Higher Education., Pratheep Sevanthinathan Oct 2006

Shifting From Race To Ethnicity In Higher Education., Pratheep Sevanthinathan

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

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Foreword: Health Policy’S Fourth Dimension, Clark C. Havighurst, Barak Richman Oct 2006

Foreword: Health Policy’S Fourth Dimension, Clark C. Havighurst, Barak Richman

Law and Contemporary Problems

No abstract provided.

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The Tax Subsidy To Employment-Based Health Insurance And The Distribution Of Well-Being, Mark Pauly Oct 2006

The Tax Subsidy To Employment-Based Health Insurance And The Distribution Of Well-Being, Mark Pauly

Law and Contemporary Problems

Pauly considers some recent contrasting views on the distributional effects of the tax subsidy within employment groups. He shows that the correct answer depends on what one assumes to be the within-group incidence of the reduction in money wages that occurs when group insurance is part of a competitive compensation package.

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The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck Oct 2006

The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck

Law and Contemporary Problems

Schmalbeck provides some background and history of the tax rules governing health care institutions and assess the significance of the subsidies these tax rules create.

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Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall Oct 2006

Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall

Law and Contemporary Problems

No abstract provided.

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Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover Oct 2006

Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover

Law and Contemporary Problems

Conover addresses the equity issue in health care spending. Conover concludes that the marginal impact of health regulation is to make the US health system more, rather than less, regressive.

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Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D. Oct 2006

Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D.

Law and Contemporary Problems

Disruptive innovation theory provides one lens through which to describe how regulations may stifle innovation and increase costs. Basing their discussion on this theory, Curtis and Schulman consider some of the effects that regulatory controls may have on innovation in the health sector.

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Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D. Oct 2006

Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D.

Law and Contemporary Problems

Chen-Sen Wu concludes that, until empirical evidence clarifies the net distributive impact of pharmaceutical torts, the capacity for tort reform to rectify distributive injustices in health care will remain far from obvious.

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Measuring Distributive Injustice On A Different Scale, Tom Miller Oct 2006

Measuring Distributive Injustice On A Different Scale, Tom Miller

Law and Contemporary Problems

Miller highlights the importance of education as a powerful contributor to significant differences in health outcomes. Enhancing educational opportunities for lower-income Americans may help to ensure that only no child, but also no patient, is left behind.

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The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander Oct 2006

The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander

Law and Contemporary Problems

Oberlander discusses the political economy of unfairness in US health policy by first highlighting the moral issues raised by the US's system of financing medical care and then by analyzing the political dynamics that sustain that system.

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It’S Getting Hot In Here: The Sec’S Regulation Of Climate Change Shareholder Proposals Under The Ordinary Business Exception, Sung Ho (Danny) Choi Oct 2006

It’S Getting Hot In Here: The Sec’S Regulation Of Climate Change Shareholder Proposals Under The Ordinary Business Exception, Sung Ho (Danny) Choi

Duke Environmental Law & Policy Forum

No abstract provided.

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Creating An ‘Undeveloped Lands Protection Act’ For Farmlands, Forests, And Natural Areas, Terence J. Centner Oct 2006

Creating An ‘Undeveloped Lands Protection Act’ For Farmlands, Forests, And Natural Areas, Terence J. Centner

Duke Environmental Law & Policy Forum

No abstract provided.

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Understanding And Protecting Natural Resources, Allan Kanner, Mary E. Ziegler Oct 2006

Understanding And Protecting Natural Resources, Allan Kanner, Mary E. Ziegler

Duke Environmental Law & Policy Forum

No abstract provided.

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World Religions And Clean Water Laws, Daryl Fisher-Ogden, Shelley Ross Saxer Oct 2006

World Religions And Clean Water Laws, Daryl Fisher-Ogden, Shelley Ross Saxer

Duke Environmental Law & Policy Forum

No abstract provided.

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Journal Staff Oct 2006

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

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Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski Oct 2006

Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski

Faculty Scholarship

No abstract provided.

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Crystals, Mud, Bapcpa, And The Structure Of Bankruptcy Decisionmaking, R. Wilson Freyermuth Oct 2006

Crystals, Mud, Bapcpa, And The Structure Of Bankruptcy Decisionmaking, R. Wilson Freyermuth

Faculty Publications

A critical feature of any legal system is its formal dispute resolution mechanism. From the perspective of a transactions lawyer, the dispute resolution process should be structured to accomplish (or at least contribute positively toward) doctrinal clarity.

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