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Articles 1291 - 1320 of 11380
Full-Text Articles in Law
The Second Canonization Of The Talmud, Hanina Ben-Menahem
The Second Canonization Of The Talmud, Hanina Ben-Menahem
Cardozo Law Review
No abstract provided.
Scripture Versus Contemporary Needs: A Sasanian/Zoroastrian Example, Yaakov Elman
Scripture Versus Contemporary Needs: A Sasanian/Zoroastrian Example, Yaakov Elman
Cardozo Law Review
No abstract provided.
Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler
Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler
Duke Law Journal
How should agencies and legislatures evaluate possible policies to mitigate the impacts of earthquakes, floods, hurricanes and other natural hazards? In particular, should governmental bodies adopt the sorts of policy-analytic and risk assessment techniques that are widely used in the area of environmental hazards (chemical toxins and radiation)? Environmental hazards policy analysis regularly employs proxy tests, in particular tests of technological "feasibility," rather than focusing on a policy's impact on well-being. When human welfare does enter the analysis, particular aspects of well-being, such as health and safety, are often given priority over others. "Individual risk" tests and other features of …
Did Nepa Drown New Orleans? The Levees, The Blame Game, And The Hazards Of Hindsight, Douglas A. Kysar, Thomas O. Mcgarity
Did Nepa Drown New Orleans? The Levees, The Blame Game, And The Hazards Of Hindsight, Douglas A. Kysar, Thomas O. Mcgarity
Duke Law Journal
This Article highlights the. hazards of hindsight analysis of the causes of catastrophic events, focusing on theories of why the New Orleans levees failed during Hurricane Katrina in 2005 and particularly on the theory that the levee failures were "caused" by a 1977 National Environmental Policy Act (NEPA) lawsuit that resulted in a temporary injunction against the Army Corps of Engineers' hurricane protection project for New Orleans. The Article provides a detailed historical reconstruction of the decision process that eventuated in the New Orleans storm surge protection system, focusing both on the political and legal factors involved and on the …
State Executive Lawmaking In Crisis, Jim Rossi
State Executive Lawmaking In Crisis, Jim Rossi
Duke Law Journal
Courts and scholars have largely overlooked the constitutional source and scope of a state executive's powers to avert and respond to crises. This Article addresses how actual and perceived legal barriers to executive authority under state constitutions can have major consequences beyond a state's borders during times of crisis. It proposes to empower state executives to address federal and regional goals without any previous authorization from the state legislature-a presumption of state executive lawmaking, subject to state legislative override, which would give a state or local executive expansive lawmaking authority within its system of government to address national and regional …
Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow
Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow
Duke Law Journal
The New Orleans criminal justice system collapsed after Hurricane Katrina, resulting in a constitutional crisis. Eight thousand people, mostly indigent and charged with misdemeanors such as public drunkenness or failure to pay traffic tickets, languished indefinitely in state prisons. The court system shut its doors, the police department fell into disarray, few prosecutors remained, and a handful of public defenders could not meet with, much less represent, the thousands detained. This dire situation persisted for many months, long after the system should have been able to recover. We present a narrative of the collapse of the New Orleans area criminal …
The Problems Of The Utility Analysis In Fisher And Its Associated Policy Implications And Flaws, Samantha A. Jameson
The Problems Of The Utility Analysis In Fisher And Its Associated Policy Implications And Flaws, Samantha A. Jameson
Duke Law Journal
No abstract provided.
The Virtue Of Vagueness: A Defense Of South Dakota V. Dole, Reeve T. Bull
The Virtue Of Vagueness: A Defense Of South Dakota V. Dole, Reeve T. Bull
Duke Law Journal
No abstract provided.
Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson
Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson
Duke Law Journal
No abstract provided.
Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan
Faculty Publications
No abstract provided.
Multiracial Identity And Affirmative Action, Nancy Leong
Multiracial Identity And Affirmative Action, Nancy Leong
Faculty Publications
No abstract provided.
Fcc V. Wncn Listeners Guild: An Old-Fashioned Remedy For What Ails Current Judicial Review Law, Charles H. Koch Jr.
Fcc V. Wncn Listeners Guild: An Old-Fashioned Remedy For What Ails Current Judicial Review Law, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Oct.10, 2006, Cao, Draft Op. Guidelines With D.Hunter Margin Notes, Cao
Oct.10, 2006, Cao, Draft Op. Guidelines With D.Hunter Margin Notes, Cao
CAO General 1999-Present
No abstract provided.
The Demise Of Federal Takings Litigation, Stewart E. Sterk
The Demise Of Federal Takings Litigation, Stewart E. Sterk
Articles
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 …
Allocution And The Purposes Of Victim Participation Under The Cvra, Richard A. Bierschbach
Allocution And The Purposes Of Victim Participation Under The Cvra, Richard A. Bierschbach
Articles
The article examines the interpretive challenges surrounding Section 3771(a)(4) of the Crime Victims' Rights Act (CVRA) of 2004, which grants victims the right to be "reasonably heard" in certain court proceedings. The CVRA aims to integrate victims into the criminal justice system, but its ambiguous language has led to conflicting court interpretations, particularly regarding whether victims have an absolute right to speak at sentencing. The article explores the legislative intent, purposes behind the provision, and the effectiveness of victim participation mechanisms, ultimately advocating for clearer policy guidance to address these ambiguities.
Jurisprudential Problems Of Attribution Of Liability In The Area Of Admiralty Contracts For Carriage Following Norfolk Southern Railway V. Kirby, William T.J. De La Mare
Jurisprudential Problems Of Attribution Of Liability In The Area Of Admiralty Contracts For Carriage Following Norfolk Southern Railway V. Kirby, William T.J. De La Mare
Connecticut Journal of International Law
In 2004, the Supreme Court decided Norfolk Southern Railway Company v. James N. Kirby (hereinafter Kirby II). 1 The case was, in the words of Sandra Day O'Connor, "a maritime case about a train wreck."' The major question involved was whether a train company, involved in the final land leg of a multi-modal carriage of goods involving both ocean and inland transport, could retain the benefit of limitation of liability clauses in two "through" bills of lading to which the train company was not a party. The bills of lading in question each contained a "Himalaya" clause which limited liability …
Beyond The Rubicon: Presidential Leadership, International Law & The Use Of Force In The Long Hard Slog, J. M. Spectar
Beyond The Rubicon: Presidential Leadership, International Law & The Use Of Force In The Long Hard Slog, J. M. Spectar
Connecticut Journal of International Law
The dawn of a new millennium ushered in fervent excitement about the prospects for increasing international cooperation and understanding. Cold War foes peered into each other's souls and espied their common humanity; the inexorable march of globalization, was proceeding apace; and a much vaunted dialogue of civilizations was in full throttle. The world was re-focusing on narrowing the gaps between North and South, arresting the AIDS pandemic, reducing poverty and addressing issues of sustainability, particularly global warming. Exhilaration was brimming amidst a rip roaring bull market, a formidable technological revolution and a rising tsunami of affluence. The sounds of hope …
In Search Of An Effective Monitoring Board Model: Board Reforms And The Political Economy Of Corporate Law In China, Chao Xi
Connecticut Journal of International Law
Increasing economic globalization has fueled lively debates on the similarities of and differences between national corporate governance systems. Central to the debates are the key questions of whether different corporate governance systems will converge towards a single and standard model, and if yes, what are the barriers to the convergence of different national systems. The board governance system, for example, is a major corporate governance difference between countries. Broadly speaking, two models of board systems have developed in advanced economies. They are the dual board system (predominant in some continental jurisdictions, such as Germany and Netherlands) and the unitary board …
Masthead, Volume 28 (2006-2007)
Table Of Contents - Cardozo Law Review, Volume 28, Issue 1
Table Of Contents - Cardozo Law Review, Volume 28, Issue 1
Cardozo Law Review
No abstract provided.
Innovation As Ritualization: The Fractured Cosmology Of Early China, Michael Puett
Innovation As Ritualization: The Fractured Cosmology Of Early China, Michael Puett
Cardozo Law Review
No abstract provided.
Adapting Divine Law To Change: The Experience Of The Roman Catholic Church (With Some Reference To Jewish And Islamic Law), Silvio Ferrari
Adapting Divine Law To Change: The Experience Of The Roman Catholic Church (With Some Reference To Jewish And Islamic Law), Silvio Ferrari
Cardozo Law Review
No abstract provided.
Rabbinic Contestations Of Authority, Christine Hayes
Rabbinic Contestations Of Authority, Christine Hayes
Cardozo Law Review
No abstract provided.
Interpreting The Qur'an And The Constitution: Similarities In The Use Of Text, Tradition, And Reason In Islamic And American Jurisprudence, Asifa Quraishi
Interpreting The Qur'an And The Constitution: Similarities In The Use Of Text, Tradition, And Reason In Islamic And American Jurisprudence, Asifa Quraishi
Cardozo Law Review
No abstract provided.
The "Corruption Of The Times" And The Mutability Of The Shari'a, Marion Holmes Katz
The "Corruption Of The Times" And The Mutability Of The Shari'a, Marion Holmes Katz
Cardozo Law Review
No abstract provided.
Excursus: Concerning The Rulings Of R. Ovadiah Yosef Pertaining To The Thanksgiving Prayer, The Settlement Of The Land Of Israel, And Middle East Peace, Shlomo Fischer
Cardozo Law Review
No abstract provided.
Deuteronomy And Polity In The Early History Of Jewish Interpretation, Steven D. Fraade
Deuteronomy And Polity In The Early History Of Jewish Interpretation, Steven D. Fraade
Cardozo Law Review
No abstract provided.
"The Last Full Measure Of Devotion:" Sacrifice And Textual Authority, Ronald R. Garet
"The Last Full Measure Of Devotion:" Sacrifice And Textual Authority, Ronald R. Garet
Cardozo Law Review
No abstract provided.
"Dead To The Law:" Paul's Antinomianism, Jeremy Waldron
"Dead To The Law:" Paul's Antinomianism, Jeremy Waldron
Cardozo Law Review
No abstract provided.
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Cardozo Law Review
No abstract provided.