Law Commons^™

Captive Regulators, Captive Shippers: The Legacy Of Mccarty Farms, Anthony Johnstone

Montana Law Review

Captive Regulators, Captive Shippers

Regulating Hate And Racial Speech In Israel, Raphael Cohen-Almagor

Cardozo Journal of International and Comparative Law

The article explores the tension between regulating hate speech and protecting free expression in Israel, advocating for a balanced approach that allows legal intervention only when there is a clear and imminent threat of harm. It proposes a cautious use of legal measures, emphasizing education and counter-speech as preferred responses, while ensuring consistent regulation across all media platforms, including the internet.

What Can Be Done Against Cyber Hate? Freedom Of Speech Versus Hate Speech In The Council Of Europe, Isabelle Rorive

Cardozo Journal of International and Comparative Law

The article examines the tension between freedom of speech and the regulation of hate speech on the internet, focusing on the challenges posed by conflicting international laws and jurisdictional issues. It highlights the Council of Europe's efforts to address cyber hate through legal frameworks like the Cybercrime Convention and the Additional Protocol, while discussing the limitations of these measures. The co-regulatory model, combining government oversight with private sector accountability, is presented as a potential solution, though concerns about censorship and free speech remain.

Protecting Freedom Of Expression: The Challenge Of Hate Speech In The European Court Of Human Rights Case Law, Mario Oetheimer

Cardozo Journal of International and Comparative Law

The article examines the European Court of Human Rights' (ECHR) approach to balancing freedom of expression under Article 10 of the European Convention on Human Rights (ECHR) with the need to combat hate speech. The Court systematically excludes certain forms of hate speech from protection, particularly racist and Holocaust denial speech, under Article 17, while affording strong protection to expression that contributes to public debate. The analysis highlights the Court's case-by-case approach, reliance on context, and the distinction between hate speech and incitement to violence.

Europe Bans Terrorist Media: What Sort Of Antidote To Poisonous Voices?, David Goldberg

Cardozo Journal of International and Comparative Law

Europe is struggling with its commitment to robustly promoting the presumption of a right to freedom of expression. One situation (less-noted than the much-publicised "Danish cartoons controversy") is the banning of satellite television channels. Such broadcasts, it is claimed, incite hatred which leads to violence, including acts of terror. The European Union has been co-operating with the European Platform of Regulatory Authorities to ban certain third-country broadcasters transmitting programmes using satellites that are under EU jurisdiction. The US-based NGO, the Campaign against Terrorist Media, has been rather influential in promoting this policy.

This Paper deals with four issues of concern: …

Overcoming Soviet Legacy: Non-Enforcement Of The Judgments Of The European Court Of Human Rights By The Russian Judiciary, Yulia Dernovsky

Cardozo Journal of International and Comparative Law

The note examines the challenges Russia faces in its interactions with the European Court of Human Rights (ECtHR), highlighting the surge in complaints against Russia and the country's increasing resistance to the ECtHR's rulings. It explores the ECtHR's evolving role in interpreting the European Convention on Human Rights as a living instrument and the tensions arising from Russia's domestic legal framework and political hostility toward the Court. The analysis underscores the need for both internal reforms in Russia and external adjustments to the ECtHR's procedures to address the growing caseload and ensure compliance with human rights standards.

Making The Interests Of The Child Paramount: Representation For Children In The Hague Convention On The Civil Aspects Of International Child Abduction, Elizabeth Pitman

Cardozo Journal of International and Comparative Law

The Hague Convention on the Civil Aspects of International Child Abduction, while innovative in addressing child welfare, fails to ensure children's independent representation in proceedings, undermining their ability to voice their interests. This Note advocates for amending the Convention to require legal representation for children in all cases, aligning it with the United Nations Convention on the Rights of the Child (CRC), which guarantees children the right to express their views in judicial proceedings. The absence of such representation leads to incomplete records and inadequate protection of children's best interests, as highlighted by cases like Arianna Adan. Ensuring independent …

What's Fair Is Fair? A Comparative Look At Judicial Discretion In Fairness Review Of Holocaust Era Class Action Settlement In The United States And Canada, Arthur Oder

Cardozo Journal of International and Comparative Law

The note critiques the effectiveness of U.S. class action frameworks, particularly Rule 23, in addressing Holocaust-era claims, arguing that the Canadian Class Proceedings Act (CPA) offers a more flexible and fair approach for resolving such complex human rights cases. It highlights the shortcomings of the Generali Insurance Litigation and contrasts it with the success of the Swiss Banks Settlement, emphasizing the importance of judicial discretion and adequate notice in ensuring fair outcomes. The analysis advocates for adopting the Canadian model to improve the handling of large-scale human rights class actions.

The Digital Currency Doppelganger: Regulatory Challenge Or Harbinger Of The New Economy?, Peter C. Tucker

Cardozo Journal of International and Comparative Law

The note argues that enacting new restrictive regulations for digital currencies in the United States is unnecessary and potentially counterproductive. It posits that existing anti-money laundering (AML) regulations are sufficient to address illicit activities associated with digital currencies. The author advocates for a wait-and-see approach, emphasizing the need for international coordination and the risks of driving the industry offshore, which could reduce regulatory oversight and tax revenue.

Thank You, Jack, Hugh B. Scott

Buffalo Law Review

No abstract provided.

A Gathering To Remember Jacob D. Hyman, Dean And Professor, Buffalo Law Review

Buffalo Law Review

No abstract provided.

The Dean, R. Nils Olsen

Buffalo Law Review

No abstract provided.

Hi-Man!, Vivian Garcia

Buffalo Law Review

No abstract provided.

Jack Hyman's Law School Without Borders, Thomas E. Headrick

Buffalo Law Review

No abstract provided.

Investor Extraordinaire, Richard F. Griffin

Buffalo Law Review

No abstract provided.

One Less Note To Answer, John Henry Schlegel

Buffalo Law Review

No abstract provided.

Jack Hyman, Student, Alfred S. Konefsky

Buffalo Law Review

No abstract provided.

How Great Judges Think: Judges Richard Posner, Henry Friendly, And Roger Traynor On Judicial Lawmaking, Edmund Ursin

Buffalo Law Review

No abstract provided.

No.11 - July 2009, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Height Discrimination In Employment, Isaac B. Rosenberg

W&M Law Student Publications

This Article looks critically at heightism, i.e., prejudice or discrimination against a person on the basis of his or her height. Although much scholarship has focused on other forms of trait-based discrimination—most notably weight and appearance discrimination, both of which indirectly involve height as a component—little has focused on “pure” height discrimination. Nevertheless, within the past five years courts, scholars, and legislatures have increasingly tackled these non-traditional forms of discrimination. As such, this Article endeavors to fill the gap in the existing scholarship.

This Article specifically focuses on heightism in the workplace, with an emphasis on prejudice against short people …

"A Change Is Gonna Come": The Implications Of The United Nations Convention On The Rights Of Persons With Disabilities For The Domestic Practice Of Constitutional Mental Disability Law, Michael L. Perlin

Northern Illinois University Law Review

As recently as fifteen years ago, disability was not broadly acknowledged as a human rights issue. Although there were prior cases decided in the United States and in Europe that, retrospectively, had been litigated from a human rights perspective, the characterization of "disability rights" (especially the rights of persons with mental disabilities) was not discussed in a global public, political, or legal debate until the early 1990s. Instead, disability was seen only as a medical problem of the individual requiring a treatment or cure. By contrast, viewing disability as a human rights issue requires us to recognize the inherent equality …

Protective Privilege Versus Public Peril: How Illinois Has Failed To Balance Patient Confidentiality With The Mental Health Professional's Duty To Protect The Public, Mary I. Wood

Northern Illinois University Law Review

Mental health professionals face conflicting duties when their patients make threats of violence toward readily identifiable third parties: the duty to protect intended victims and the duty to maintain the confidentiality of patients. The seminal 1976 case, Tarasoff v. Regents of University of California, underscored the tension between these duties--unnecessary breaches of confidentiality may erode the therapeutic doctor/patient relationship and lead to liability for the doctor, but lack of action may cause devastating consequences for the victim. In the wake of the Tarasoff decision, most states enacted statutes codifying a mental health professional's duty to protect third parties from potentially …

What The Hell[Er]? The Fine Print Standard Of Review Under Heller, Jason Racine

Northern Illinois University Law Review

This casenote introduces the reader to District of Columbia v. Heller, in which the United States Supreme Court held that the Second Amendment protects an individual right, unconnected to militia duty, to keep and bear arms, thus finally answering the interpretive question of what the meaning of the Second Amendment truly is. After providing a thorough discussion of the majority's opinion, an analysis of both the historical nature and limited scope of Heller is provided. Next, the note argues that a workable analytical framework can be extracted from the Court's opinion by examining the fine print within the language and …

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 17, Iss. 3

Cardozo Journal of International and Comparative Law

No abstract provided.

Transnational Legal Practice 2008, Laurel S. Terry, Carole Silver, Ellyn Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert E. Lutz, Peter D. Ehrenhaft

All Faculty Scholarship

The current financial turmoil shaking the world illustrates the connectedness of national markets and economies. Legal practice is no exception: lawyers and their firms are experiencing the upheaval along with their clients.1 This has resulted in new opportunities for lawyers and firms–in bankruptcy and restructuring and, likely in the future, in regulatory advising as well–and, at the same time, in substantial challenges. The promise of benefits from a diversified practice–in terms of both substance and geography–is being tested as lawyers and law firms follow their clients through the uncertainties of the current economic conditions.

As law firms cut the size …

Adding Epicycles: The Inconsistent Use Test In Adverse Possession Law, Michael H. Lubetsky

Osgoode Hall Law Journal

The common law courts in Ontario developed the Inconsistent Use Test (IUT) to assess claims of adverse possession. The IUT, however, often produces counter-intuitive results, which has led other jurisdictions to reject it and caused the Ontario courts to craft numerous exceptions and qualifications to the test that have left the state of the law on adverse possession very unclear. This article argues that the IUT actually represents an unconscious attempt by the Ontario judiciary to develop a functional equivalent to the civil law principle of "interversion," currently found in article 923 of the Civil Code of Quebec (CCO). It …

Copyright Law And The Restoration Of Beauty, David Nimmer

Osgoode Hall Law Journal

No abstract provided.

Teaching Transactional Skills In First-Year Writing Courses, Wayne Schiess, Craig T. Smith, Pamela Wilkins, Danton Berube, Irene Segal Ayers

Faculty Publications

No abstract provided.

Confronting The Challenges Of Persons Who Are Mentally Ill: A Judge's Perspective, Kathryn E. Zenoff

Northern Illinois University Law Review

In the last fifty years, persons with serious mental illnesses have gone from being institutionalized in psychiatric hospitals to being institutionalized in our county jails. The phenomenon has been called the "criminalization of the mentally ill" and has had adverse consequences both for our communities and for those persons with mental illnesses. This foreword discusses one judge's experiences in attempting to rise to the challenge of meeting the needs of persons with mental illnesses in the criminal justice system. The discussion extends to local, state, and national initiatives. These include the Therapeutic Intervention Program Court in Winnebago County, Illinois, and …

Mental Health And The Law: Where Necessity Is The Mother Of Invention (Patent Pending), William W. Wood

Northern Illinois University Law Review

Mental health professionals, most notably the psychiatrists and other clinicians who work in the State of Illinois Operated Inpatient Psychiatric Treatment Facilities, are often frustrated by an inability to treat individuals who have been admitted to the state hospital. Recent changes to the Illinois Mental Health Code have made admission, but not treatment, easier for persons who have a severe mental illness. As treatment innovations develop, the interface of the legal system with the mental health system becomes increasingly important in balancing the often seemingly disparate and opposing goals of both treating persons with mental illnesses and ensuring that their …