Law Commons^™

The Agony Of Modern Legal Ethics, 1970–1985, Michael S. Ariens

Faculty Articles

When the American Bar Association (ABA) adopted its Code of Professional Responsibility at its annual meeting in August 1969, the American legal profession was a publicly respected and economically vibrant body. Lawyers, though always more feared than loved, became increasingly important in post-World War II America. The demand for their services exploded for a quarter-century, and lawyers assumed an increased role in the economic and political life of the United States. During the 1950s and early 1960s, the Cold War led American lawyers and other public figures to re-emphasize the rule of law as defining the difference between the United …

The Constitutionality Of Negotiated Criminal Judgments In Germany, Thomas Weigend, Jenia I. Turner

Faculty Journal Articles and Book Chapters

In a long-awaited judgment, the German Constitutional Court in 2013 upheld the constitutionality of the 2009 German law authorizing the negotiation of criminal judgments between the court and the parties. In this Article, we provide background on recent developments in “plea bargaining” law and practice in Germany and offer a critique of the Court’s decision.

The Court attempted to rein in negotiated judgments by giving the statute a literal reading, emphasizing the limitations it places on negotiations, and strictly prohibiting any consensual disposition outside the statutory framework. The Court builds its judgment on the notion that the search for truth, …

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 32, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Examining The § 271(E)(1) Safe Harbor Of The Hatch-Waxman Act: A Legislative Proposal Granting Mandatory Post-Marketing Exceptions, Jessica Chao

Cardozo Arts & Entertainment Law Journal

No abstract provided.

White Paper: A Proposal To Reform U.S. Law And Policy Relating To The International Exchange Of Cultural Property, William G. Pearlstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Lo And Behold!: Does Tolerated Use Give An Incentive To Plagiarize? An Example Through The Music Of Bob Dylan, Julie Levine

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Israeli Anti-Boycott Law: Should Artists Be Worried?, Arie Peled

Cardozo Arts & Entertainment Law Journal

Though much has been written about the economic dimension of Arab boycotts against Israel, much less attention has been paid to the implications of wider calls for a cultural boycott against Israel. Part I of this note will outline the scope of Israel's boycott problem by looking to the history of the Palestinian Boycott, Divestment, and Sanctions ("BDS") movement, while focusing in particular on the cultural aspects of this boycott. It will then discuss the current dimensions of the domestic and international cultural boycott campaigns Israel faces. Part II will analyze the Israeli legislative response to the BDS movement through …

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 32, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel I: Disclosure And Notice Practices In Private Data Collection, Lorrie Cranor, Brett Frischmann, Ryan Harkins, Helen Nissenbaum

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel Ii: Balancing National Security And Transparency In Government Data Collection, Nate Cardozo, Mariko Hirose, Jonathan Manes, Ira Rubinstein, Christopher Wolf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Borrowed Fiction And The Rightful Copyright Position, Viva R. Moffat

Cardozo Arts & Entertainment Law Journal

Works of "borrowed fiction"-unauthorized sequels or retellings of literary works-have long prompted legal, cultural, and social backlash. With respect to copyright disputes, this is because borrowed fiction entails a range of legitimate but conflicting interests. Copyright law has historically elevated the interests of the "original" author over those of other writers and the reading public. Scholars have offered a range of proposals to counter this tendency, but these reforms have focused on the infringement analysis and the fair use doctrine. Each of those, however, involves a binary decision, one that is not amenable to accommodating the conflicting interests at stake. …

The "Dot" Times They Are A-Changin': How New Generic Top Level Domains (Gtlds) Will Change Consumer Perception About The Internet, Eric J. Shimanoff

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fair Or Foul? Major League Baseball's Use Of A Tortious Interference Lawsuit As A Means Of Investigation, Michael S. Beck

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Corporate Governance And Executive Compensation: Evidence From Japan, Robert J. Jackson Jr., Curtis J. Milhaupt

Faculty Scholarship

Lawmakers around the world are now urging corporations to adopt governance and executive pay standards drawn largely from the American corporate law context. Yet little is known about how corporate governance actually influences executive compensation decisions outside of the United States-and whether adoption of these standards is likely to be desirable for investors abroad.

In this Article, we take advantage of a recent change in Japanese law to provide the first direct empirical evidence on executive pay in Japan. The evidence provides striking detail on the amount and structure of Japanese executive compensation. The data point to a previously unappreciated …

I Spy With My Not So Little Eye: A Comparison Of Surveillance Law In The United States And New Zealand, Valerie Redmond

Fordham International Law Journal

No abstract provided.

Investing In Human Rights: Using Bilateral Investment Treaties To Hold Multinational Corporations Liable For Labor Rights Violations, Sharon Hang

Fordham International Law Journal

No abstract provided.

Panel On China And The Fcpa: Emerging Trends In Fcpa Enforcement, Thomas O. Gorman

Fordham International Law Journal

No abstract provided.

China-Africa Investment Treaties: Old Rules, New Challenges, Won Kidane, Weidong Zhu

Fordham International Law Journal

No abstract provided.

The Recursivity Of Reform: China's Amended Labor Contract Law, Virginia Harper Ho, Huang Qiaoyan

Fordham International Law Journal

No abstract provided.

How Taiwan's Constitutional Court Reined In Police Power: Lessons For The People's Republic Of China, Margaret K. Lewis, Jerome A. Cohen

Fordham International Law Journal

No abstract provided.

Searching For A Modernized Voice: Economics, Institutions, And Predictability In European Competition Law, David J. Gerber

Fordham International Law Journal

No abstract provided.

The Past, Present, And Future Of Eu Enlargement, Frank Emmert, Siniša Petrović

Fordham International Law Journal

No abstract provided.

Forty Years Of European Integration: Steps Forward And Some Missed Opportunities, Giorgio Maganza

Fordham International Law Journal

No abstract provided.

Multijurisdictional Practice And Alternative Legal Practice Structures: Learning From Eu Liberalization To Implement Appropriate Legal Regulatory Reforms In The United States, Melissa Pender

Fordham International Law Journal

No abstract provided.

Cross-Validation Of The El Paso Risk Assessment Of Juveniles At Intake Scale (El Paso Raji), Dilata Ranadive

Open Access Theses & Dissertations

No published risk assessment instrument is designed for the specific purpose of identifying high risk first-time juvenile offenders at their first contact with the juvenile justice system. The El Paso Risk Assessment of Juveniles at Intake (El Paso RAJI) was developed by Valenzuela (2011) for this purpose. The current study had three aims: i) to assess the validity of the RAJI as a predictor of recidivism among first-time juvenile offenders, ii) to compare the predictive power of RAJI items with the predictive power of similar items from another risk assessment instrument, the Pre-Positive Achievement Change Tool (PrePACT), and iii) to …

Memoirs, Thomas L. Shaffer

1971–1975: Thomas L. Shaffer

Table of Contents

Chapter 1 My Grandparents 1

Chapter 2 On the Goat Farm 32

Chapter 3 A Little Boy's War 41

Chapter 4 Back to the Mountains 49

Chapter 5 Shelledy School 61

Chapter 6 The Shop 66

Chapter 7 Printer's Devil 77

Chapter 8 Fruita Union High School 86

Chapter 9 My Year with the Monks 95

Chapter 10 U.S.A.F. 113

Chapter 11 Newfoundland 122

Chapter 12 The College 136

Chapter 13 Coming to Notre Dame 144

Chapter 14 Law School 158

Chapter 15 On the Track 165

Chapter 16 The Firm 173

Chapter 17 Indianapolis 184

Chapter …

Paul D. Moreno's The American State From The Civil War To The New Deal: The Twilight Of Constitutionalism And The Triumph Of Progressivism, Laura Phillips Sawyer

Scholarly Works

Paul Moreno, the Grewcock Chair in Constitutional History at Hillsdale College, sets out to explain how the natural rights constitutionalism of the Founders was replaced by an ‘entitlement-based welfare state of modern liberalism’ by the late 1930s. The book is an ‘analytic narrative’, drawing on both constitutional theory and current ‘public choice’ law and economics, and contributes to recent scholarship by libertarian-minded legal scholars, such as David Bernstein and David Mayer, among others.

Gideon V. Wainwright A Half Century Later, Yale Kamisar

Reviews

When he was nearing the end of his distinguished career, one of my former law professors observed that a dramatic story of a specific case "has the same advantages that a play or a novel has over a general discussion of ethics or political theory." Ms. Houppert illustrates this point in her very first chapter.

Tribes Paying Outsiders To Audit Their Membership, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

There is no greater responsibility for a tribal leader than to be a steward of their nation’s citizens/members. Yet in the area of constitutional reform and development, tribal membership, and enrollment policies and practices, many tribal governments have entrusted these most intimate of governmental responsibilities to outside organizations like CSN, Inc. (Constructing Stronger Nations)-DCIAmerica, the Harvard Project for American Indian Economic Development/Native Nations Institute, Automated Election Services, the Falmouth Institute, J. Dalton Institute, and others. In the case of membership, some of these for-profit organizations conduct, what I would suggest, are privacy invading enrollment audits.

Environmental Assessment Of Used Motor Oil In The Ciudad Juarez-El Paso Area, Alma Leticia Figueroa

Open Access Theses & Dissertations

As a hazardous waste generated in large amounts worldwide, used motor oil (UMO) is an important issue for environmental science. UMO contains the carcinogenic and mutagenic compounds Polycyclic Aromatic Hydrocarbons (PAHs). Unless properly managed and disposed of PAHs remain in the environment, principally in sediments and soil. From such environmental sinks, PAHs can migrate to watersheds contaminate drinking water, and damage ecosystems and human health.

Generators of used oil include "businesses that handle used oil through commercial or industrial operations or from the maintenance of vehicles and equipment," (United States Environmental Protection Agency (USEPA), 2013). An example of such a …