Law Commons^™

Instituting Environmental Protection: From Red To Green In Poland, Daniel H. Cole

Books & Book Chapters by Maurer Faculty

Under socialism, Poland suffered tremendous environmental devastation. After socialism, Poland's environmental performance has improved remarkably. This book explains that system-specific institutions of socialism undermined environmental protection by creating regulatory conflicts of interest that led the Party/state to soften budget and law constraints on polluters. Those problems have diminished in post-Communist Poland as socialist legal, political and economic institutions have been replaced by liberal-democratic institutions and competitive markets. The analysis carries important implications for an institutional theory of environmental protection.

Single-Parent Latinas On The Margin: Seeking A Room With A View, Meals, And Built-In Community, Laura M. Padilla

Faculty Scholarship

This article considers the unique challenges of single parent Latinas and and a different way of viewing concerns of single parents. This alternative paradigm uses a holistic approach to the problems I had been pondering, acknowledging their interconnectedness, rather than artificially segmenting them into disjointed issues. I visualized a multi-pronged approach to Latina mothers' many concerns, based on a cohousing model, as modified for the needs of a low-income, racially distinct population of single-parent Latinas. It describes co-housing and proposes that this housing model be more broadly accessible through land use changes and greater acceptance of housing beyond single family …

Teaching Creative Problem Solving: A Paradigmatic Approach, Linda H. Morton

Faculty Scholarship

This article presents a visual and descriptive model for teaching creative problem solving in the law school curriculum. After elaborating on the definition and significance of teaching creative problem solving to law students, the author describes her model and her teaching methods in clinical classes as well as law school courses.

Joe Six-Pack, U.S. V. O'Hagan, And Private Securities Litigation Reform: A Line Must Be Drawn, Michael H. Dessent

Faculty Scholarship

No abstract provided.

Preliminary Injunction Of Arbitration Proceedings - Six Clinics Holding Corporation, Ii V. Cafcomp Systems, Inc., Heidi Albers

Journal of Dispute Resolution

The issue presented in Six Clinics Holding Corporation, I v. Cafcomp Systems, Inc., is whether a court is prohibited from issuing a preliminary injunction in a case subject to arbitration.' The parties had a private agreement to arbitrate any disputes, but the court enjoined the arbitration in order to determine a federal issue outside the arbitrator's jurisdiction The defendant argued that the Anti-Injunction Act, which prohibits federal courts from enjoining state court proceedings, was violated.4 However, the court found a loophole by stating that a private arbitration is not a state proceeding and thus is not governed by the Act.5 …

Protecting Against Employment Discrimination: The Ninth Circuit's Interpretation Of Mandatory Arbitration Of Title Vii Claims - Renteria V. Prudential Ins. Co. Of America, Todd C. Stanton

Journal of Dispute Resolution

The growing trend toward reliance upon arbitration, rather than judicial adjudication, has resulted in a reformation regarding the resolution of disputes within the employment industry. It has become a standard practice of many employers to require that employees sign employment agreements before they are allowed to work. Recently, these types of agreements have begun to require that employees resolve any disputes or claims against their employers through arbitration rather than judicial adjudication. Unfortunately, the average employee is often unaware of the binding nature of these agreements until a dispute actually arises with his or her employer. The Ninth Circuit has …

Retaliation Claims Under Title Vii, The Adea, And The Ada: Untouchable Employees, Uncertain Employers, Unresolved Courts, Melissa A. Essary, Terence D. Friedman

Missouri Law Review

No abstract provided.

Checkpoints On The Conversion Highway: Some Trouble Spots In The Conversion Of Nonprofit Health Care Organizations To For-Profit Status, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This essay does not address the truly important policy issues: whether for-profit healthcare should be allowed or encouraged; how the quality of care compares to nonprofits or what criteria should be used to evaluate the quality of care; or what the impact of these conversions is on the communities they serve. It discusses less significant issues: those of process—how can we shape and control this tidal wave of change so that the public will be served and charitable assets preserved to the maximum extent possible? The focus is upon the valuation of these charitable assets; the appropriate process of conversion; …

Accomplice Liability For Unintentional Crimes: Remaining Within The Constraints Of Intent, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article addresses the issue of the proper extent of a secondary actor's culpability for unintentional crimes committed by another. Part I reviews accomplice liability and its mens rea requirements generally. Part II discusses the history of the application of complicity theory to unintentional crimes. Part III examines whether accomplice liability for unintentional crimes is proper, and concludes that in keeping with complicity's doctrinal requirements, liability is appropriate only when the secondary actor has the intent to aid in the commission of the culpable act that results in unplanned harm. It evaluates whether the various categories of accomplice statutes sufficiently …

1998-2000 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Legal Studies at Cardozo, p. 8

Degree Requirements, p. 12

Courses, p. 14

The Lawyering Curriculum, p. 23

Faculty, p. 36

Student Resources, p. 48

Dr. Lillian and Dr. Rebecca Chutick Law Library, p. 48

The Center for Professional Development, p. 49

Public Interest Opportunities, p. 52

Placement, p. 54

Student Life, p. 56

Admissions, p. 63

Tuition & Student Finances, p. 63

Cardozo Administration and Board of Directors, p. 67

Academic Calendar, p. 72

Creating Effective Legal Research Exercises, Amy E. Sloan

All Faculty Scholarship

No abstract provided.

The Role Of Nongovernmental Organizations In The Climate Change Negotiations, Chiara Giorgetti

Colorado Environmental Law Journal

No abstract provided.

Asian Dragons And Green Trade, Simon S. C. Tay & Daniel C. Esty, Eds., Lakshman D. Guruswamy

Colorado Environmental Law Journal

No abstract provided.

Flushing The Danube: The World Court's Decision Concerning The Gabčíkovo Dam, Ida L. Bostian

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

The Tropical Forest Conservation Act, Amanda Lewis

Colorado Environmental Law Journal

No abstract provided.

Community Participation In Natural Resources Management In Malawi: Charting A New Course For Sustainability, Tracy Dobson

Colorado Environmental Law Journal

No abstract provided.

Update: Hungary–Slovakia And The Gabcíkovo–Nagymaros Project, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

Being A Buddhist And A Lawyer, Kinji Kanazawa

Fordham Law Review

No abstract provided.

Lawyer Discipline: Conscientious Noncompliance, Conscious Avoidance, And Prosecutorial Discretion, Bruce A. Green

Fordham Law Review

No abstract provided.

A Christian Lawyer's Mandate To Provide Pro Bono Publico Service, Nitza Milagros Escalera

Fordham Law Review

No abstract provided.

Report Of Working Group #5, Kara H. Ching

Fordham Law Review

No abstract provided.

Hail, Hail, The Gangs Are All Here: Why New York Should Adopt A Comprehensive Anti-Gang Statute, Bart H. Rubin

Fordham Law Review

No abstract provided.

The Americans With Disabilities Act And State Prisons: A Question Of Statutory Interpretation, Emily Alexander

Fordham Law Review

No abstract provided.

What Congress Said About The Heightened Pleading Standard: A Proposed Solution To The Securities Fraud Pleading Confusion, Patricia J. Meyer

Fordham Law Review

No abstract provided.

The University's Liability For Professor-Student Sexual Harassment Under Title Ix, Henry Seiji Newman

Fordham Law Review

No abstract provided.

A Natural Law Defense Of Buckley V. Valeo, Jack B. Sarno

Fordham Law Review

No abstract provided.

Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Cynthia Grant Bowman, Elizabeth M. Schneider

Fordham Law Review

No abstract provided.

Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means

Faculty Publications

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.