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Articles 1441 - 1470 of 1943
Full-Text Articles in Law
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
Cardozo Law Review
No abstract provided.
Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos
Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos
Cardozo Law Review
No abstract provided.
Comment: Legal Process And Judges In The Real World, Peter L. Strauss
Comment: Legal Process And Judges In The Real World, Peter L. Strauss
Cardozo Law Review
No abstract provided.
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
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
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.
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Cardozo Law Review
No abstract provided.
Statutes Of Repose And The Construction Industry: A Proposal For New York, Andrew Alpern
Statutes Of Repose And The Construction Industry: A Proposal For New York, Andrew Alpern
Cardozo Law Review
No abstract provided.
The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson
The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson
Dalhousie Law Journal
Brown gives an interesting and readable account of the background of the 1892 Code and its genesis in the politics of the day. His preface and six short chapters are followed by an epilogue, a short biographical note and footnotes. Chapter One deals with the ambiguity of the term "code". Clearly, the 1892 Code was not a codification in the civilian tradition as exemplified, for example, in the Napoleonic Code, nor was it even a code such as Bentham might have drafted. It was a "code" only in the loose sense in which.the word was used by English and Canadian …
S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff
S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff
Law and Contemporary Problems
S. 1232, the "Medical Injury Compensation Fairness Act of 1991, is discussed. S. 1232 may be too innovative to be enacted in its present form, but there is immense potential for combining its encouragement of private reform of poorly designed, cost-increasing malpractice rights with other federal proposals that seek to make good-quality health care accessible to all Americans at reasonable cost.
Trademarks, Parody, And Consumer Confusion: A Workable Lanham Act Infringment Standard, Peter W. Smith
Trademarks, Parody, And Consumer Confusion: A Workable Lanham Act Infringment Standard, Peter W. Smith
Cardozo Law Review
No abstract provided.
Water Allocation During Drought In Arizona And Southern California: Legal And Institutional Responses, David H. Getches, University Of Colorado Boulder. Natural Resources Law Center
Water Allocation During Drought In Arizona And Southern California: Legal And Institutional Responses, David H. Getches, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
vi, 101 p. : maps ; 28 cm
Love And Chicken Soup For Free: Goldstein's Mother-Love And Abortion, Elizabeth B. Clark
Love And Chicken Soup For Free: Goldstein's Mother-Love And Abortion, Elizabeth B. Clark
Publications
In 1904 the Carnegie Hero Fund Commission set out its criteria for awarding medals for heroism: an unpaid actor must have voluntarily risked life and limb to rescue a victim to whom he or she was unrelated by any family tie. Such behavior toward family members was expected. In these days of perilous family life the performance of obligations associated with ongoing family relations is no longer taken for granted but has taken on new, heroic dimensions. The volunteer mother, who renders her services to her child amply and without reward, is the hero of Robert Goldstein's new book, Mother-Love …
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
Journal Articles
Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …
Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.
Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.
Fordham Law Review
No abstract provided.
The Office Of Thrift Supervision, Robert Cooper
The Office Of Thrift Supervision, Robert Cooper
Fordham Law Review
No abstract provided.
A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal
A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal
Fordham Law Review
No abstract provided.
Too Many Consonants And Not Enough Consonance: The Development Of The S&L Regulatory Framework, Lucia J. Mandarino
Too Many Consonants And Not Enough Consonance: The Development Of The S&L Regulatory Framework, Lucia J. Mandarino
Fordham Law Review
No abstract provided.
Assessing The Limited Liability Company, Wayne M. Gazur, Neil M. Goff
Assessing The Limited Liability Company, Wayne M. Gazur, Neil M. Goff
Publications
The limited liability company is one of the newest forms of business organization. This form combines the limited liability of a corporation with the tax benefits normally associated with a partnership. The authors examine various implications and ramifications of this organizational form.
Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green
Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green
Reviews
David Lieberman's lucid and sure-footed reinterpretationof late-eighteenth and early-nineteenth-century jurisprudence is original, thoughtful, analytically acute, and a pleasure to read. Lieberman argues that Bentham's law reform ideas must be viewed in relation to earlier (and contemporary) reform traditions. Bentham's views were more complex than the long-held myth would have it, partly because they were more derivative, at least in his early enterprises, combining as they did a reception of earlier notions with the novelty for which he is usually credited. Blackstone and Mansfield, on this account, were not the match stick figures they are sometimes made out to be; the …
The Canons Of Construction In Georgia: "Anachronisms" In Action, R. Perry Sentell Jr.
The Canons Of Construction In Georgia: "Anachronisms" In Action, R. Perry Sentell Jr.
Scholarly Works
Two initial observations may be tendered concerning the canons of interpretations: The literature, almost uniformly, discredits them; the courts, almost uniformly, employ them. The purpose of this effort is to reflect some sense of background, and illustratively to marshal the Georgia experiences with what are perhaps the three most famous canons of interpretation.
Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien
Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien
Faculty Scholarship
This Article presents a critique of unpaid "parental" leaves and the parental leave legislation recently passed by Congress.1 Eight states have already enacted parental leave statutes of various kinds.' For the sake of simplicity and uniformity, however, this Article focuses on the proposed federal legislation3 and its anticipated effects on unemployed and underemployed women.4 Specifically, this Article argues that the debate about parental leave 5 has ignored the possibility that the cost of this mandated benefit is likely to be borne by poor, low-skill working women6 who will find that their job opportunities narrow as employers try to shift some …
United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson
United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Comparative Law: Its Purposes And Possibilities, Christopher L. Blakesley
Comparative Law: Its Purposes And Possibilities, Christopher L. Blakesley
Scholarly Works
Comparative law is much more than “matching laws.” Professor Grossfield’s short, lively book will certainly awaken its German reader to the value, indeed necessity, of comparative law and comparative insights in his or her own practice or scholarly work. This, he aims at the skeptic who may think of comparative law or foreign legal systems as arcane and useless fluff, too luxurious for the hard working “practical-minded” practitioner. Professor Grossfield throws the cold water of realization into this skeptic’s face. The message being that considering comparative approaches and theory about similar problems may indeed be as practical as one can …
Implementing Winters Doctrine Indian Reserved Water Rights: Producing Indian Water & Economic Development Without Injuring Non-Indian Water Users?, Reid Peyton Chambers, John E. Echohawk, University Of Colorado Boulder. Natural Resources Law Center
Implementing Winters Doctrine Indian Reserved Water Rights: Producing Indian Water & Economic Development Without Injuring Non-Indian Water Users?, Reid Peyton Chambers, John E. Echohawk, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
18 p. ; 28 cm
Facilitating Voluntary Transfers Of Bureau Of Reclamation-Supplied Water: Volume 1, Lawrence J. Macdonnell, Richard W. Wahl, Bruce C. Driver, University Of Colorado Boulder. Natural Resources Law Center
Facilitating Voluntary Transfers Of Bureau Of Reclamation-Supplied Water: Volume 1, Lawrence J. Macdonnell, Richard W. Wahl, Bruce C. Driver, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
1 v. : maps ; 28 cm
Facilitating Voluntary Transfers Of Bureau Of Reclamation-Supplied Water: Volume 2: Case Studies, Lawrence J. Macdonnell, Richard W. Wahl, Bruce C. Driver, University Of Colorado Boulder. Natural Resources Law Center
Facilitating Voluntary Transfers Of Bureau Of Reclamation-Supplied Water: Volume 2: Case Studies, Lawrence J. Macdonnell, Richard W. Wahl, Bruce C. Driver, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
1 v. : maps ; 28 cm
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The need to reduce dramatically the strain we place on the natural environment is simultaneously immediate and long-term. Our domestic laws reflect that understanding and express a symbolic commitment to that goal. Those laws have achieved, moreover, significant improvement in discrete areas and, in some others, have managed to resist further environmental degradation in the face of a growing economy. For that reason, they warrant great praise. The past twenty years nevertheless reveal that those same laws decline to undertake the concomitant modification of our governmental institutions, and the way we think about them, which is necessary for a fuller …
The Employer's Intentional Tort - Should It Be Recognized In Canadian Jurisdictions?, Leigh West
The Employer's Intentional Tort - Should It Be Recognized In Canadian Jurisdictions?, Leigh West
Dalhousie Law Journal
At the inception of Canadian worker compensation legislation, an historic trade off agreement was made between employers and their workers. By virtue of this agreement, the right of workers to sue their employer in tort was removed and in return workers were to receive swift, certain, but limited, compensation payments for job-related injuries and illness, regardless of fault. With a few minor exceptions, this agreement made worker compensation the exclusive remedy available to an injured worker. It also lodged with the various provincial worker compensation boards the responsibility to adjudicate whether or not the injury or illness claimed was one …
Local Elections In Canada, A Wr Carrothers
Local Elections In Canada, A Wr Carrothers
Dalhousie Law Journal
This book is the fifth in a series by the same author, and the same publisher, on Canadian Election Law. The previous books (with their sub-titles) are as follows: Political Rights (The Legal Framework of Elections in Canada); Lawmaking by the People (Referendums and Plebiscites in Canada); Money and Message (The Law Governing Election Financing, Advertising, Broadcasting and Campaigning in Canada); and, Election Law in Canada (The Law and Procedure of Federal, Provincial and Territorial Elections (two volumes)). The present book is sub-titled "The Law Governing Elections of Municipal Councils, School Boards and Other Local Authorities". The sub-title is a …
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler
Cardozo Law Review
No abstract provided.