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Articles 1411 - 1440 of 1814

Full-Text Articles in Law

Principle Versus Politics: The Solicitor General's Office In Constitutional And Bureaucratic Theory, John O. Mcginnis Feb 1992

Principle Versus Politics: The Solicitor General's Office In Constitutional And Bureaucratic Theory, John O. Mcginnis

Articles

No abstract provided.


The Hazelwood Hazard: Litigating And Legislating In The State Domain When Federal Avenues Are Closed, Alexander Wohl Jan 1992

The Hazelwood Hazard: Litigating And Legislating In The State Domain When Federal Avenues Are Closed, Alexander Wohl

St. Thomas Law Review

The focus of this article is to move the awareness of the ability to expand individual rights in the state domain one step further, into the legislative arena; to examine efforts to overcome judicial restrictions under the United States Constitution not simply through an increased use of state judicial remedies but, in instances where that option may fall short or may not be the best alternative, through action in the individual state legislatures. As a means of studying this procedure, this article will focus on a particular Supreme Court decision that limited a previously existing right under the Bill of …


Dedication Of Plaque Honoring Judge Harold R. Medina, Roger J. Miner '56 Jan 1992

Dedication Of Plaque Honoring Judge Harold R. Medina, Roger J. Miner '56

Court Conferences and Events

No abstract provided.


Discretion And Rules: A Lawyer's View, Carl E. Scheider Jan 1992

Discretion And Rules: A Lawyer's View, Carl E. Scheider

Book Chapters

In modern society the law regulates the complex behavior of millions of people. To do this efficiently-to do this at all-broadly applicable rules must be used. Yet such rules are bound to be incomplete, to be ambiguous, to fail in some cases, to be unfair in others. Some of the drawbacks of rules can be minimized by giving discretion to the administrators and judges who apply them. Yet doing so dilutes the advantages of rules and creates the risk that discretion may be abused. Working out the proper balance of these considerations is both necessary and perplexing in every area …


The Domestic Violence Component Of The New York Task Force Report On Women In The Courts: An Evaluation And Assessment Of New York City Courts, Sarah Eaton, Ariella Hyman Jan 1992

The Domestic Violence Component Of The New York Task Force Report On Women In The Courts: An Evaluation And Assessment Of New York City Courts, Sarah Eaton, Ariella Hyman

Fordham Urban Law Journal

This piece contains the findings of a survey conducted to evaluate the impact of the New York Task Force On Women in the Court's Report in the area of domestic violence and of the progress that has taken place since the Report's publication. The authors hope to provide insight not only into the next steps that should be taken in New York City, but also into the most effective methods of implementing change to combat bias against women in the courtroom. The authors conclude that although progress has been made in the area of combating bias against women in the …


Direct Liability For Hazardous Substance Cleanups Under Cercla: A Comprehensive Approach, Michael P. Healy Jan 1992

Direct Liability For Hazardous Substance Cleanups Under Cercla: A Comprehensive Approach, Michael P. Healy

Law Faculty Scholarly Articles

In enacting the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), Congress intended to impose liability for hazardous substance cleanups on all parties responsible for a site's use and contamination. However, in implementing the CERCLA liability scheme, courts have issued opinions offering unclear and misguided explanations of their decisions. The author suggests that, to properly assure CERCLA's proper operation, the basis for the imposition of liability must be clarified. To this end, the author examines the prescribed liability for individuals, parent corporations and secured creditors and explains the appropriate grounds for the responsibility of each.


Mysteries Of Violence And Self-Defense: Myths For Men, Cautionary Tales For Women, Marianne Wesson Jan 1992

Mysteries Of Violence And Self-Defense: Myths For Men, Cautionary Tales For Women, Marianne Wesson

Publications

No abstract provided.


Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf Jan 1992

Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf

Touro Law Review

No abstract provided.


Exit Rights Under Federalism, Richard A. Epstein Jan 1992

Exit Rights Under Federalism, Richard A. Epstein

Law and Contemporary Problems

Exit rights and their self-help nature are discussed. State and federal courts should not allow state or provincial governments to destroy these important protections of individual property rights.


Judicial Matters, Neal Devins Jan 1992

Judicial Matters, Neal Devins

Faculty Publications

No abstract provided.


The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr. Jan 1992

The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson Jan 1992

A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson

Scholarly Works

No abstract provided.


The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus Jan 1992

The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus

Touro Law Review

No abstract provided.


The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander Jan 1992

The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander

Touro Law Review

No abstract provided.


Home Rule And The Secession Of Staten Island: City Of New York V. State Of New York, Florence L. Cavanna Jan 1992

Home Rule And The Secession Of Staten Island: City Of New York V. State Of New York, Florence L. Cavanna

Touro Law Review

No abstract provided.


Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait Nov 1991

Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait

Cardozo Law Review

No abstract provided.


Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore Nov 1991

Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore

Cardozo Law Review

No abstract provided.


Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson Nov 1991

Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson

Cardozo Law Review

No abstract provided.


Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant Oct 1991

Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant

Dalhousie Law Journal

Regina v. Sparrow is the first decision of the Supreme Court of Canada under s.35(1) of the Constitution Ac 1982. The case has wide-reaching implications for the recognition and limitation of aboriginal rights. This case comment will explore some of the implications of Sparrow, with a focus on the test developed by the Court for the justification of government regulation of aboriginal rights. In particular, the question of the cultural authority of non-aboriginal judges to justify legislation regulating aboriginal rights will be addressed.


Nationwide Service Of Process In State Courts, David Carlebach Oct 1991

Nationwide Service Of Process In State Courts, David Carlebach

Cardozo Law Review

No abstract provided.


Comment On Peterson And Selvin, Lea Brilmayer Jul 1991

Comment On Peterson And Selvin, Lea Brilmayer

Law and Contemporary Problems

A comment on an article by Peterson and Selvin dealing with the role of courts as participants in the resolution of mass tort cases is presented.


From “Cases” To “Litigation”, Judith Resnik Jul 1991

From “Cases” To “Litigation”, Judith Resnik

Law and Contemporary Problems

Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.


Aggregating Litigation, Ralph K. Winter Jul 1991

Aggregating Litigation, Ralph K. Winter

Law and Contemporary Problems

A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.


“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer Jul 1991

“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer

Law and Contemporary Problems

Improving the ability of Congress to regulate the use of judicial resources is discussed. Reducing caseload growth in the federal courts, assuring that judicial resources are utilized effectively and a proposed agency that would structure jurisdiction under particular legislation are discussed.


A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn Jul 1991

A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn

Law and Contemporary Problems

A comment on Larry Kramer's article suggesting an addition to the mechanisms of congressional review of proposed legislation that has an impact on the work of federal courts is presented. The Office of Technology Assessment's present job for Congress in this respect is evaluated.


“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck Jul 1991

“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck

Law and Contemporary Problems

The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.


Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler Jul 1991

Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler

Law and Contemporary Problems

It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.


Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin Jul 1991

Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin

Law and Contemporary Problems

The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.


Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz Jun 1991

Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz

Cardozo Law Review

No abstract provided.


Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman Jun 1991

Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman

Cardozo Law Review

No abstract provided.