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Articles 10231 - 10260 of 11495
Full-Text Articles in Law
Common Answers For Class Certification, Richard A. Nagareda
Common Answers For Class Certification, Richard A. Nagareda
Vanderbilt Law Review En Banc
No abstract provided.
Call For A Congressional Inquiry Into The Arbitrary And Capricious Decisions Of The National Transportation Safety Board, Alan Armstrong
Call For A Congressional Inquiry Into The Arbitrary And Capricious Decisions Of The National Transportation Safety Board, Alan Armstrong
Journal of Air Law and Commerce
No abstract provided.
The National Mediation Board's Rule Proposal For Representation Elections: If It Ain't Broke..., Kyle Burke
The National Mediation Board's Rule Proposal For Representation Elections: If It Ain't Broke..., Kyle Burke
Journal of Air Law and Commerce
No abstract provided.
Trying To Squeeze Into The Middle Seat: Application Of The Airline Deregulation Act's Preemption Provision To Internet Travel Agencies, Aubrey B. Colvard
Trying To Squeeze Into The Middle Seat: Application Of The Airline Deregulation Act's Preemption Provision To Internet Travel Agencies, Aubrey B. Colvard
Journal of Air Law and Commerce
No abstract provided.
Failure Is Not An Option: An Essay On What Legal Educators Can Learn From Nasa's Signature Pedagogies To Improve Student Outcomes, Lisa T. Mcelroy, Christine N. Coughlin
Failure Is Not An Option: An Essay On What Legal Educators Can Learn From Nasa's Signature Pedagogies To Improve Student Outcomes, Lisa T. Mcelroy, Christine N. Coughlin
Journal of Air Law and Commerce
No abstract provided.
The Scope Of The Proprietary Powers Exception To Federal Preemption Under The Airline Deregulation Act, Christopher Scott Maravilla
The Scope Of The Proprietary Powers Exception To Federal Preemption Under The Airline Deregulation Act, Christopher Scott Maravilla
Journal of Air Law and Commerce
No abstract provided.
Space Tourism And Export Controls: A Prayer For Relief, Mark J. Sundahl
Space Tourism And Export Controls: A Prayer For Relief, Mark J. Sundahl
Journal of Air Law and Commerce
No abstract provided.
Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty
Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty
Faculty Scholarship
On the campaign trail in 2008, presidential candidate and then-Senator Barack Obama promised to restore America’s place in the world by breaking with many of the national security policies put into effect by President George W. Bush. In January 2009, President Obama made numerous changes to United States foreign policy, including signing an executive order to close the prison at Guantanamo Bay, Cuba and announcing that the United States would not engage in interrogation techniques that constitute torture. In some respects, however, Obama has followed the example of President Bush - for example, in his resuscitation of a specialized military …
Public Choice And Environmental Policy: A Review Of The Literature, Christopher H. Schroeder
Public Choice And Environmental Policy: A Review Of The Literature, Christopher H. Schroeder
Faculty Scholarship
This paper is a draft of a chapter for a forthcoming book, Research Handbook in Public Law and Public Choice, edited by Daniel Farber and Anne Joseph O'Connell, to be published by Elgar. It reviews the public choice literature on environmental policy making, first generally and then with respect to four fundamental environmental policy questions: (1) whether or not government action is warranted; (2) if it is, the scope and stringency of the government action, including the manner in which a bureaucracy will implement and enforce any statutory standards; (3) the level of government that assumes responsibility; and (4) the …
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 2
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
More Parents, More Money: Reflections On The Financial Implications Of Multiple Parentage, Melanie B. Jacobs
More Parents, More Money: Reflections On The Financial Implications Of Multiple Parentage, Melanie B. Jacobs
Cardozo Journal of Equal Rights & Social Justice
The article explores the financial implications of recognizing multiple legal parents, advocating for a legal framework that adapts to evolving family structures, including those involving assisted reproductive technologies (ART) and non-traditional parenting arrangements. It argues that courts should recognize more than two legal parents and develop a flexible system to allocate financial responsibilities, such as child support and inheritance, in a way that prioritizes the best interests of the child while accounting for the roles and intentions of all parties involved.
"Cover My Pills": Contraceptive Equity And Religious Liberty In Catholic Charities V. Dinallo, Ayelet S. Lebovicz
"Cover My Pills": Contraceptive Equity And Religious Liberty In Catholic Charities V. Dinallo, Ayelet S. Lebovicz
Cardozo Journal of Equal Rights & Social Justice
The note examines the tension between the New York Womens Health and Wellness Act's (WHWA) goal of promoting women's health through contraceptive access and its burden on the First Amendment rights of religious employers. It argues that while the WHWA advances significant public health interests, its contraceptive mandate imposes substantial burdens on religious freedom and free speech, necessitating strict scrutiny. The analysis critiques the New York Court of Appeals' decision for failing to fully consider the plaintiffs' hybrid-rights claims under Supreme Court precedent, highlighting the need for lawmakers to balance competing interests while adhering to constitutional protections.
Informed Choices And Uniform Decisions: Adopting The Aba's Self-Enforcing Administrative Model To Ensure Successful Surrogacy Arrangements, Christine Metteer Lorillard
Informed Choices And Uniform Decisions: Adopting The Aba's Self-Enforcing Administrative Model To Ensure Successful Surrogacy Arrangements, Christine Metteer Lorillard
Cardozo Journal of Equal Rights & Social Justice
Non-traditional families are on the rise in America today, with more and more same-sex couples raising families together. Yet, all same-sex partners seeking to become parents must make use of some assisted reproductive technique ("ART'), as must some heterosexual married couples. Despite the growing number of people who want to create families, including those that resort to ARTs to have genetically-related children, there are significant moral, economic, and legal obstacles in their way. What has long been needed is a codified roadmap for a successful surrogacy agreement that delineates the rights and obligations of the parties involved, as well as …
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa
Cardozo Journal of Equal Rights & Social Justice
The note argues that Puerto Rican veterans and their families face unequal treatment under the TRICARE healthcare system due to Puerto Rico's status as an unincorporated territory. This inequality stems from historical legal frameworks that have perpetuated the notion of Puerto Ricans as second-class citizens, despite their significant contributions to the U.S. military. The note advocates for legislative changes to extend equal TRICARE Prime benefits to Puerto Rico, ensuring first-class citizenship for its residents.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 3
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 16, Iss. 3
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options, Krista Stone-Manista
In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options, Krista Stone-Manista
Cardozo Journal of Equal Rights & Social Justice
The article argues that hospital bans on vaginal births after cesarean (VBAC) infringe upon women's legal and constitutional rights, violating principles of autonomy and equality. These bans are not only medically unnecessary but also undermine international human rights standards that protect women's decisional autonomy in healthcare. The analysis posits that such bans discriminate against women and set a dangerous precedent for state and medical control over women's bodies during pregnancy.
Security Council Resolution 1820: An Imperfect But Necessary Resolution To Protect Civilians From Rape In War Zones, Melissa Goldenberg Goldstoff
Security Council Resolution 1820: An Imperfect But Necessary Resolution To Protect Civilians From Rape In War Zones, Melissa Goldenberg Goldstoff
Cardozo Journal of Equal Rights & Social Justice
The note examines the significance and limitations of UN Security Council Resolution 1820, which recognizes rape as a war crime and a threat to international security. While the Resolution is a crucial step forward in protecting women during armed conflicts, it is argued to be imperfect due to its incomplete implementation mechanisms and potential to undermine earlier resolutions like Resolution 1325, which emphasizes women's roles in peace-building.
Smacking Lesson: How The Council Of Europe's Ban On Corporal Punishment Could Serve As A Model For The United States, Timothy John Nolen
Smacking Lesson: How The Council Of Europe's Ban On Corporal Punishment Could Serve As A Model For The United States, Timothy John Nolen
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the United States to adopt a model similar to the Council of Europe, allowing states to ban corporal punishment while respecting federalism. It highlights the negative effects of corporal punishment and the need for a comprehensive ban, drawing on international legal standards and empirical evidence.
Barriers To Financing: Is European Union Indirect Discrimination Law The Answer For Female Entrepreneurs?, Adam G. Panopoulos
Barriers To Financing: Is European Union Indirect Discrimination Law The Answer For Female Entrepreneurs?, Adam G. Panopoulos
Cardozo Journal of Equal Rights & Social Justice
The note explores whether European Union indirect discrimination law, particularly Directive 2004/113/EC, can address the barriers female entrepreneurs face in accessing financing. It examines the application of indirect discrimination principles to financial services, analyzing ECJ case law and advocating for the integration of gender mainstreaming to enhance gender equality in entrepreneurship.
Sacred: Religion, Sexuality, And The Law
Sacred: Religion, Sexuality, And The Law
Cardozo Journal of Equal Rights & Social Justice
Symposium: Sacred: Religion, Sexuality, and the Law (February 9, 2010)
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Masthead, Cardozo Journal Of Law & Gender, Vol. 17 (2010–11)
Masthead, Cardozo Journal Of Law & Gender, Vol. 17 (2010–11)
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 1
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith
Cardozo Journal of Equal Rights & Social Justice
The article argues that bisexuality remains legally invisible, both in legal culture and jurisprudence, due to its inherent complexity and the reliance of legal arguments on a binary understanding of sexual orientation. It extends Kenji Yoshino's theory of bisexual erasure into the legal context, proposing that bisexuality is not just socially invisible but also legally inconspicuous. The analysis focuses on two main hypotheses: first, that bisexuality is inherently invisible to the law beyond deliberate erasure, and second, that where bisexuality is legally relevant, it complicates legal arguments that depend on the binary of sexuality. The article concludes by advocating for …
What Went Wrong? Why Family Preservation Programs Failed To Achieve Their Potential, Steven M. Cytryn
What Went Wrong? Why Family Preservation Programs Failed To Achieve Their Potential, Steven M. Cytryn
Cardozo Journal of Equal Rights & Social Justice
The failure of family preservation programs in the child welfare system stems from structural and legal shortcomings, including inadequate funding, unclear guidelines, and insufficient oversight. These issues, compounded by the Supreme Court's Suter v. Artist M. decision, which undermined the enforceability of the "reasonable efforts" standard, have led to inconsistent implementation and reduced accountability. To address these challenges, the article advocates for reforms such as aligning funding incentives with family preservation goals, establishing clear program standards, and distinguishing between neglect caused by poverty and other forms of maltreatment. By implementing these changes, the child welfare system can better support families …
Bringing Our Kids Home: International Parental Child Abduction & Japan's Refusal To Return Our Children, Robin S. Lee
Bringing Our Kids Home: International Parental Child Abduction & Japan's Refusal To Return Our Children, Robin S. Lee
Cardozo Journal of Equal Rights & Social Justice
The note examines Japan's refusal to ratify the Hague Convention on the Civil Aspects of International Child Abduction, highlighting how this decision creates a legal haven for parental child abductions. It explores the cultural, legal, and systemic factors in Japan that facilitate these abductions and the challenges faced by foreign parents in retrieving their children. The note also discusses potential solutions and international efforts to pressure Japan into adhering to the Convention.
Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway, Marisa Rothstein
Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway, Marisa Rothstein
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Annotated Legal Bibliography On Gender
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Lessons Learned From The Evolution Of Evolving Standards, Corinna Barrett Lain
Lessons Learned From The Evolution Of Evolving Standards, Corinna Barrett Lain
Law Faculty Publications
In the discussion that follows, I explore the evolution of the "evolving standards" doctrine to make a point about its legitimacy and Supreme Court decisionmaking under the Cruel and Unusual Punishments Clause more generally. In Part I, I trace the origins of the doctrine to its present state. In Part II, I turn to lessons learned from the evolution of "evolving standards," questioning the textual defense of the doctrine and the constraining power of law itself. I conclude that while the "evolving standards" doctrine is problematic, it is not the crux of the problem. Supreme Court decisionmaking in the death …