Law Commons^™

Masthead - Cardozo Women's Law Journal, Vol. 5 (1998)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Summer Musings On Curricular Innovations To Change The Lawyer's Standard Philosophical Map, James Coben

Faculty Scholarship

When Hamline’s participation in the FIPSE grant was announced several years ago, the Hamline community saw an opportunity to help achieve the stated strategic-plan objective to ensure that every graduating student “will have basic knowledge about ADR and the opportunity for simulation experience with ADR.” The FIPSE grant working-group established the following objectives to guide the curriculum-development effort: (a) emphasize the importance of ADR by formally recognizing it as “substance,” (b) help students confront the standard philosophical map of lawyers and promote an “alternative” definition of lawyer as “problem-solver,” (c) provide a baseline familiarity with rule vs. interest and position …

Gendered Aspects Of Migration: Law And The Female Migrant, Joan Fitzpartick, Katrina R. Kelly

UC Law SF International Law Review

Although female migrants share common goals and concerns, the gendered aspects of migration have been largely ignored by legislators and policy makers. This is illustrated by the regulation of migration for the purpose of performing domestic labor (the "maid trade") and migration to export processing zones, two predominantly female migration streams. The aim of this article is to expose the ways in which the legal regulation of migration reproduces and exacerbates the social and cultural inequalities that dis-empower female migrants. It is concluded that legislators and policy makers at all levels must develop an awareness and a more sophisticated understanding …

Aesthetic Ambition Versus Commercial Appeal: Adapting Novels To Film And The Copyright Law, Douglas Y'Barbo

St. Thomas Law Review

No abstract provided.

Are Same-Sex Prenuptial Agreements Enforceable In Florida? Posik V Layton, Law And Policy, Brett A. Barfield

St. Thomas Law Review

Posik v. Layton has Florida lawmakers, attorneys, and gay rights activists paying attention. The Supreme Court of Florida, however, declined to accept the invitation to sort out this muddled opinion from a murky area of the law. The dispute in Posik arose from a failed lesbian relationship between the parties, who had drafted a contract analogous to a prenuptial agreement. Under the contract, Layton would provide financial support for the pair, and Posik would provide domestic services and live the remainder of her life with Layton. A liquidated damages provision, analogous to a support payment upon divorce, stated that Layton …

Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer

St. Thomas Law Review

This Article will address the concept of professionalism from a criminal defense attorney's perspective and, more specifically, from the perspective of a public defender. The public defender mission is based on our ideals of freedom and equal justice under law. I have spent twenty-five years as a participant in, and observer of, our judicial system. Whether in government or professional circles, public defenders are often outsiders. We are often treated as the illegitimate children at the family reunion. It is from that perspective that I hope to be of some service to you.

Commentary - Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

St. Thomas Law Review

This Commentary will explore some of the jurisprudential and practical issues by examining the nature of victims' rights and victimization. After a brief introduction to the history of victim's rights amendments in the United States, this Commentary will explore the images in the rhetoric that lead to unreflective support for victims' rights, then turn to images of justice and arguments for a particular kind of victims' rights, together with a critique of that vision. Finally, this Commentary suggests some alternative approaches and programs that promise to be more helpful to victims of crime than any constitutional amendment would be.

Tax Complexity, Regulatory Ambivalence, And Disparate Benefits And Burdens In Deferred Compensation Planning For Small Business, Richard J. Kovach

St. Thomas Law Review

No abstract provided.

The Myth Of Everglades Settlement, Alfred R. Light

St. Thomas Law Review

To "settle" has a number of senses within the English language. For example, it can mean "to make a decision on; determine; decide," or "to come to a conclusion," as when children bring their disputes to their mother to settle.' It can mean "to agree upon (as a time, place, or plan); fix beforehand," as in to settle on a course of action. It can mean "to put in order; arrange," as in one must settle all his affairs before going away for the winter. It can mean "to pay; arrange payment of," as in one must also settle up …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 10, Issue 2, Winter 1998.

Front Matter

St. Thomas Law Review

Front Matter includes Table of Contents for St. Thomas Law Review Volume 10, Issue 3, Spring 1998.

Table Of Contents

South Carolina Law Review

No abstract provided.

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Opening Remarks, John D. Feerick

Fordham Urban Law Journal

Opening Remarks to "The Future of Legal Services: Legal and Ethical Implications of the LSC Restrictions"

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: Interpretations Of Lsc Restrictions, Matthew Diller, Alan W. Houseman

Fordham Urban Law Journal

The purpose of this talk is to set a framework for the discussions on the four panels. I will begin by discussing what has happened in the 104th Congress, describe what can and cannot be done under the restrictions imposed by that Congress, and then frame the context for the later discussions.

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Legislative Issues Panel, Steven Epstein

Fordham Urban Law Journal

Each speaker is going to deliver some opening remarks followed by an open discussion with the audience. The Legislative Panel includes Alexander Forger, Dwight Loines, Dennis Saffran and Alan Houseman.

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Implementation Issues Panel, Staci Rosche

Fordham Urban Law Journal

A distinguished panel including Shirley Traylor, Jill Boskey, Valerie Bogart and Lucy Billings will describe how they have been directly affected in implementing the restrictions that have been handed down and how they have made their lives a little bit harder.

Junk Science - The Lawyer's Ethical Responsibilities, Dick Thornburgh

Fordham Urban Law Journal

This article argues that many judges lack the capacity to distinguish between experts witnesses who make use of rigorous scientific research and those who rely on "junk science" - conclusions based on insufficient research. It notes that judicial standards for admissibility of expert testimony are not sufficient to prevent the introduction of junk science in to the courtroom. It concludes with a suggestion for a more rigorous process for vetting scientific evidence that is admitted in court.

Questioning The Admissibility Of Nonscientific Testimony After Daubert: The Need For Increased Judicial Gatekeeping To Ensure The Reliability Of All Expert Testimony, Kristina L. Needham

Fordham Urban Law Journal

This article examines the difficulty of finding a proper standard for evaluating non-scientific expert testimony. It analyzes the legal standard for the admission of expert testimony as set out in the Federal Rule of Evidence and the Daubert case. It reviews a split in courts as to how to apply these standards to non-scientific expert testimony. It ends with some proposals for the application of Daubert to non-scientific expert testimony and suggests an amendment to the Federal Rules of evidence.

Walking A Tightrope: Redrawing Congressional District Lines After Shaw V. Reno And Its Progeny, Donovan L. Wickline

Fordham Urban Law Journal

The Supreme Court's decision in Shaw V. Reno forbade the drawing of congressional district lines so that minorities would make up a larger percentage of the voting population. This note explores the tension between this ruling and the section of the Voting Rights Act requiring that minorities be fully represented within their congressional districts. It argues that the two rulings do not necessarily conflict. It concludes that the Court should clarify the meaning and role of "compactness" in redistricting and provide guideposts for legislators litigants, and courts involved in the reapportionment process.

Forward: Is There A Threat To Judicial Independence In The United States Today?, Maria L. Marcus

Fordham Urban Law Journal

This foreword gives a brief background on the panel discussion to ensue, which illustrates the dilemma surrounding the external pressure public criticism places on judges and how it affects judicial independence.

The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green

Fordham Urban Law Journal

This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …

Permissible Content Discrimination Under The First Amendment: The Strange Case Of The Public Employee, Lawrence Rosenthal

UC Law Constitutional Quarterly

The First Amendment is ordinarily thought to prohibit content or viewpoint discrimination. Yet public employers frequently regulate employees' speech based on the content or viewpoint of their speech. Additionally, they frequently seek to punish employees who publicly criticize their supervisors on the grounds that such criticism is insubordinate or will erode office discipline or morale.

The Supreme Court has attempted to address the special problems posed by the speech of public employees through the two-part "public concern" test. The test protects a public employee's speech if the speech relates to a matter of "public concern," and if the employee's speech …

No Penetration - And It's Still Rape, Lundy Langston

Journal Publications

This Article explores the penetration requirement and considers the following: (1) whether it is a male or reasonable person understanding of what is so violative of a woman's body that it should be referred to as rape; and (2) what punishment should be imposed. This Article explores problems raised by the "foreplay" issue. Understanding that rape is not sex, in order to deem a violation, one must understand how a violation is characterized. In addition to defining what is violative, the foreplay issue raises questions about characterizations from a male perspective concerning when a male is placed on notice by …

Plums: A Geography (Poem), Frank Pommersheim

Faculty Publications

No abstract provided.

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millenium, Thomas Geu

Faculty Publications

No abstract provided.

The Uncopyrightability Of Jokes, Allen Madison

Faculty Publications

This paper explains two foundational copyright doctrines, the scenes a faire doctrine and the merger doctrine. It illustrates the limiting effect these doctrines have on copyright protection for jokes.

Indian Nations On The Eve Of The 21st Century (Panel Discussion), Frank Pommersheim

Faculty Publications

No abstract provided.

The Religious Dimension Of Judicial Decision Making And The Defacto Disestablishment, Mark C. Modak-Truran

Journal Articles

Despite the de facto disestablishment of religion, I will try to illustrate the centrality of religion as a resource for understanding judicial decision making. The central question for this inquiry is: What, if any, is the role of religious beliefs in judicial decision making?

The Americans With Disabilities Act: Is It The Next Civil Rights Movement?, Edwina H. Wallace

Theses

This thesis will focus on the plight of disabled individuals. Many, many years ago, people with disabilities were looked upon as being demons or as being some cruel misfortune of nature. As time progressed, our views were not as naïve but the understanding and the empathy were not present.

Since the inception of The Americans with Disabilities Act, employers have been forced to open their doors to a new group of working individuals. The ADA laws have not only allowed individuals to become employed, but have opened doors in other areas as well. It is no longer difficult for disabled …

Foreword, Herbert P. Wilkins

Hofstra Law Review

No abstract provided.