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[1996 Developments Concerning] International Courts And Tribunals, Roger P. Alford, Keith Highet, Peter H.F. Bekker

Journal Articles

The most significant developments in 1996 regarding international courts and tribunals are reviewed herein, particularly events relating to the International Court of Justice, the European Court of Justice, and the proposed Permanent International Criminal Court. Other significant developments relating to the International Criminal Court for the Former Yugoslavia, the International Criminal Court for Rwanda, and the World Trade Organization are detailed in other reports in this issue.

The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon

Fordham Law Review

No abstract provided.

The New York Court Of Appeals: 150 Years, George Bundy Smith

Fordham Law Review

No abstract provided.

Book Review Of The Sourcebook Of Federal Courts, U.S. District And Bankruptcy, James S. Heller

Library Staff Publications

No abstract provided.

Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen

Cardozo Law Review

In the ordinary course of events, an adoption proceeding in the New York County Surrogate's Court is an unlikely candidate for attention in the editorial pages of the New York Times. But In re the Adoption of a Child Whose First Name is Evan was not an everyday proceeding, as Times columnist Anna Quindlen observed.

Kalanke V. Freie Hansestadt Bremen: The Significance Of The Kalanke Decision On Future Positive Action Programs In The European Union, Rebecca Means

Vanderbilt Journal of Transnational Law

In the landmark case Kalanke v. Freie Hansestadt Bremen, the European Court of Justice held that a German state law giving women an "absolute and unconditional priority" in the labor market was inconsistent with the European Equal Treatment Directive. Although many Europeans vehemently criticized the Kalanke decision initially, the furor now appears to have subsided. As a result of this decision, however, the European Union is currently re-examining equal treatment policies and will likely provide further guidance to Member States attempting to formulate positive action programs.

This Note first discusses the institutions of the European Union as they relate to …

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

Articles

No abstract provided.

Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat

Touro Law Review

No abstract provided.

Agenda: The National Forest Management Act In A Changing Society, 1976-1996: How Well Has It Worked In The Past 20 Years?: Will It Work In The 21st Century?, University Of Colorado Boulder. Natural Resources Law Center, Colorado State University, Oregon State University, Pinchot Institute For Conservation, Syracuse University. Maxwell School Of Citizenship And Public Affairs

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

Conference speakers include University of Colorado School of Law professors David H. Getches and Charles F. Wilkinson.

Jack Ward Thomas, Chief of the USDA Forest Service, will be a featured speaker at the Center's annual public lands conference, commemorating the 20th anniversary of the National Forest Management Act. This year's conference is sponsored by Colorado State University, Oregon State University, Pinchot Institute for Conservation, and the Maxwell School of Citizenship and Public Affairs at Syracuse University.

When Congress passed NFMA in 1976, few would have imagined the enormity of the changes in the world in technology, science and population we …

Pragmatism And Law: A Response To David Luban, Richard Rorty

Cardozo Law Review

Judge Posner's "Pragmatic Adjudication" is enormously refreshing. It cuts through an immense amount of tiresome and pointless talk about "the nature of law" and "the relation of law to politics" and gets down to the question: how should appellate court judges in a particular country at a particular time do their work? It not only argues lucidly for a particular answer to that question, but it also gives a good sense of what it must be like to be in Judge Posner's shoes. Posner helps you understand what sorts of things judges have to worry about, and what sorts of …

Framing The Issues For Cameras In The Courtrooms: Redefining Judicial Dignity And Decorum, A Wayne Mackay

Dalhousie Law Journal

This article examines the role of s. 2(b) of the Charter of Rights in determining the role of cameras in Canadian courtrooms. The discussions reveal that arguments in opposition to cameras are largely unfounded and in contradiction to the freedom of expression guarantee. The denial of the right is in reality based on judges' and lawyers' fear of loss of control of the courtroom environment. Cameras should only be banned from courtrooms as part of a total publication ban, and then only after a careful s. 1 analysis

A Confluence Of Authority And Critique, H Archibald Kaiser

Dalhousie Law Journal

Reading about murder in the news, seeing it portrayed on the longrunning British television series Inspector Morse, or pondering it as one digests Crime and Punishment are in many ways far preferable to studying, teaching or practising the law of homicide. After a few chapters, and particularly following my re-immersion into the cold substantive law of homicide which commences in chapter 3, one is certainly reminded that this is not a work to read as a pastime in "blissful circumstances". It is, nonetheless, a remarkably good book in terms of its breadth, authority and originality in approach and substance. It …

Designing And Implementing An Expanded System For Civil Court Data Collection: A South Carolina Study, F. Patrick Hubbard

South Carolina Law Review

No abstract provided.

The Dynamics Of Constitutional Adjudication, Bernhard Schlink

Cardozo Law Review

Habermas determines the role and legitimacy of constitutional adjudication through three confrontations. First, he confronts both the liberal and the welfare-state paradigms of law, seeing constitutional adjudication move from the former to the latter. Habermas wants this move to arrive at a procedural paradigm of law. Second, he confronts a norm- and a value-oriented understanding of the constitution. Habermas indicates the dangers of the former and the merits of the latter, and attempts to show that principles, understood as norms, should guide constitutional adjudication. Third, he confronts the liberal and the republican views of the political and constitutional process, developing …

Why Care? The Trouble With Social Rights, Günter Frankenberg

Cardozo Law Review

While not everybody will agree that social rights are good in general, the ranks of the "not-everybody" will fill when one wants to decide who needs which particular social rights. Even those who claim to be philosophically and practically supportive of the idea and the benefits of social rights find it difficult to come up with a strong argument for them and usually invoke vague or weak obligations to support the victims of capitalism or, if you will, the market society or the mere necessity to preserve social peace by a minimally redistributive social policy. Social scientists have plausibly claimed …

Tour On The Prairies Or Washington Irving And The Horseless Headman: A Stroll With Congress, The Court And Indian Nations At The Turn Of The Century, Kirke Kickingbird

St. Thomas Law Review

The view of the sovereignty of Indian nations varies within the ever-changing cycles of policy spanning two or three decades. Often, the different branches of the United States government have had conflicting points of view regarding Indian sovereignty. One can see moments in the distant past when tribal authority was clearly recognized, then challenged, then ignored and recognized again, as the cycle of Indian policy returned to its beginnings. The clear manifestation of sovereign power is exhibited in the exercise of governmental authority. This exercise, in turn, involves the use of legislative, executive, and judicial powers. While these observations may …

Lawyer Professionalism In A Gendered Society, Ellen S. Podgor

South Carolina Law Review

No abstract provided.

A Positive Analysis Of The Common Law Of Corporate Fiduciary Duties, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

The purpose of this Article is to offer a positive analysis of the common law of corporate managers' fiduciary duties. The Article attempts to explain the present shape of these corporate fiduciary duties by reference to Pareto criteria.

A particular state of affairs ("state B") is considered to be Pareto superior to another state of affairs ("state A") if at least one person in state B is better off than he or she is in state A and no one in state B is worse off than he or she is in state A. Since in a move from state …

The Uniform Probate Code Extends Antilapse-Type Protection To Poorly Drafted Trusts, Lawrence W. Waggoner

Articles

The Uniform Law Commission' promulgated a revised version of Article II of the Uniform Probate Code (UPC or Code) in 1990, and approved a set of technical amendments in 1993. As Director of Research and Chief Reporter for the Joint Editorial Board for the Uniform Probate Code (Board)2 and reporter for the UPC Article II drafting committee, I was privileged to serve as the principal drafter of these provisions. UPC Article II deals with the substantive rules governing donative transfers - intestacy; spouse's elective share; execution, revocation, and revival of wills; rules of construction for wills and other donative transfers; …

Race, Gender, “Redlining,” And The Discriminatory Access To Loans, Credit, And Insurance: An Historical And Empirical Analysis Of Consumers Who Sued Lenders And Insurers In Federal And State Courts, 1950-1995, Willy E. Rice

Faculty Articles

Courts have failed to consistently remedy insurers’ and lenders’ discrimination against low-income individuals, women, and minorities. State and federal courts have tried to resolve disputes involving redlining, unequal access to capital, and insurance discrimination. Because of courts’ failures, Congress passed the Equal Credit Opportunity Act of 1974 (“ECOA”) and the Community Reinvestment Act of 1977 (“CRA”) to protect minorities and low income individuals. But the ECOA and CRA have not achieved their stated goals of eradicating either insurance or mortgage redlining.

In most states, the responsibility of enforcing federal fair-lending laws and eradicating all sorts of financial redlining is given …

Federalizing Crime: Assessing The Impact On The Federal Courts, Sara Sun Beale

Faculty Scholarship

This article examines the history of federal criminal jurisdiction and criminal enforcement, and reviews federal caseload statistics. The federal criminal caseload grew dramatically between 1980 and the mid-1990s, but this increase tells only part of the story. The federal criminal caseload has fluctuated widely over the past two decades, and the number of criminal cases today is about the same as it was in the early 1970s. Although criminal cases now account for only one-fifth of the federal caseload, they take a large and disproportionate share of federal judicial resources. In more than one-third of federal judicial districts, criminal cases …

Report Of The Working Group On The Judicial Role, Kathleen Mccree Lewis

Fordham Law Review

No abstract provided.

Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer

Faculty Publications

This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies

Congressional Control Of The Courts: A Theoretical And Empirical Analysis Of Expansion Of The Federal Judiciary, John M. De Figueiredo, Emerson H. Tiller

Faculty Scholarship

Congress has many available tools to influence the federal judiciary. In this article, we consider Congress' ability to balance, or stack, the courts through the creation of federal judgeships. While caseload pressure often produces the need for more judgeships, we demonstrate that political party alignment between Congress and the president often determines the timing of the judicial expansion. The net effect of expanding during political alignment is to speed up changes in the political balance of the judiciary in favor of the current Congress. We also examine the determinants of expansion size and show that both political alignment and caseload …

The Journey Into Activism, Bernhard Schlink

Cardozo Law Review

In Anna Karenina, Leo Tolstoy teaches us that all happy families are alike and only unhappy families are different. It is the same with courts that engage in constitutional review. All happy constitutional courts, that is, all happily activist constitutional courts are alike and only those that do not play an activist role are different.

“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar

Cardozo Law Review

This Note will use the Waterfront Ordinance as a vehicle for examining the new heightened scrutiny standard introduced in Dolan. Part I provides an overview of takings jurisprudence and the traditional pre-Nollan and pre-Dolan standards, which were applied to determine whether an exercise of police power oversteps its bounds and interferes with private property rights guaranteed under the Fifth Amendment. Part II reviews the new standards espoused by the Supreme Court in Nollan and Dolan. Part III describes the purpose of New York City's 1993. Waterfront Zoning Ordinance and discusses its history, objectives, and provisions. Part …

Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton

All Faculty Scholarship

This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.

In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions …

Sustainable Use Of Natural Resources: A Native American Perspective, Ted Strong

Sustainable Use of the West's Water (Summer Conference, June 12-14)

27 pages.

Contains footnotes.

Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber

Cardozo Law Review

The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …