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Full-Text Articles in Law

The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell Jan 1998

The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell

LLM Theses

This thesis examines the continuing development of a union's duty to fairly represent its members, the duty owed by a union to its members based upon negligence principles and the recent development of the duty to accommodate in the field of human rights legislation. As the federal government and seven of the ten Canadian provinces moved to codify the union duty of fair representation the lower courts saw a continuing need for judicial supervision in the area of intra-union conflict. However, the Supreme Court of Canada appears to have willingly accepted ouster of the courts' inherent jurisdiction in favour of …

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Use Of Discretion In Independent Migrant Selection: A Study Of Canadian Immigration Law, Policy And Practice, Philip Lupul Jan 1998

Use Of Discretion In Independent Migrant Selection: A Study Of Canadian Immigration Law, Policy And Practice, Philip Lupul

LLM Theses

Canadian immigration law has traditionally relied upon broad grants of discretionary authority as a tool for immigrant application processing. Such authority has had two facets--a procedural aspect allowing for flexibility in methods and processes for handling applications, and a substantive aspect relating to actual decision making. This thesis examines such discretion in the particular context of the Independent category of migration that is provided for under the current Immigration Act and Regulations. This thesis argues that discretionary power has recently been significantly affected by two evolving trends. Hampered by fiscal constraints, the bureaucracy has sought to reduce usage of positive …

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A Matter Of Balancing: The Inability To Force Treatment On All Voluntary, Treatment-Incapable Patients In Ontario, Cindy L. Blancher Jan 1998

A Matter Of Balancing: The Inability To Force Treatment On All Voluntary, Treatment-Incapable Patients In Ontario, Cindy L. Blancher

LLM Theses

This thesis concentrates on the question of whether or not voluntary, treatment incapable patients who have had their treatment consented to by a substitute decision-maker can be involuntarily treated. It is my opinion that under the current legislative scheme in Ontario the restraint of a voluntary, treatment incapable patient for the purposes of treatment is illegal subject to the following exceptions: (a) a guardianship order exists that contains authority to restrain and detain; or (b) a Power of Attorney for Personal Care has been executed by the now treatment incapable individual authorizing his substitute decision-maker to have him detained and …

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Preventing Insider Misappropriation Of Not-For-Profit Health Care Provider Assets: A Federal Tax Law Prescription, John F. Coverdale Jan 1998

Preventing Insider Misappropriation Of Not-For-Profit Health Care Provider Assets: A Federal Tax Law Prescription, John F. Coverdale

Washington Law Review

Not-for-profit health care providers are converting to for-profit status on an unprecedented scale. Directors and officers have too frequently taken advantage of the conversions to misappropriate the organizations' assets. Common law remedies have proven inadequate, and many states have no specific statutory remedies. The state statutory remedies that have been enacted range from fairly comprehensive to quite inadequate. Not-for-profit health providers are generally also subject to the federal tax rules governing tax-exempt organizations. Until recently, however, the only sanction available to the Internal Revenue Service (IRS) was to revoke the organization's tax-exempt status. The IRS rarely invoked this remedy both …

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The Roles Of Comparative Law: Inaugural Lecture For The Dan Fenno Henderson Professorship In East Asian Legal Studies, Daniel H. Foote Jan 1998

The Roles Of Comparative Law: Inaugural Lecture For The Dan Fenno Henderson Professorship In East Asian Legal Studies, Daniel H. Foote

Washington Law Review

Being named to the Dan Fenno Henderson Professorship in East Asian Legal Studies is at one and the same time a proud and truly humbling moment. It is especially humbling to hold a professorship bearing the illustrious name of Dan Fenno Henderson. In the Japanese law field, Henderson is without peer. He created the field as we know it today, and his accomplishments are truly staggering.

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Towards An International Financial Centre For Greater China: Hong Kong And Infrastructural Reform, Joseph J. Norton Jan 1998

Towards An International Financial Centre For Greater China: Hong Kong And Infrastructural Reform, Joseph J. Norton

Faculty Journal Articles and Book Chapters

No abstract provided.

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Right Of Publicity Tarnishment And The First Amendment, Edgar Sargent Jan 1998

Right Of Publicity Tarnishment And The First Amendment, Edgar Sargent

Washington Law Review

This Comment proposes a new cause of action for tarnishment of the right of publicity. The claim would protect the rights holder from uses that create offensive or degrading associations and thus harm the value of the protected persona. To prevent undue constraint upon First Amendment protected speech about public figures, publicity rights protection must be carefully balanced against free speech interests. In most cases, a speaker's right to refer to a public figure will be superior to the publicity rights holder's interest in controlling the manner in which a persona is used. However, publicity rights holders should prevail when …

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Book Review, Daniel H. Foote Jan 1998

Book Review, Daniel H. Foote

Book Reviews

Professor Frank K. Upham's Law and Social Change in Postwar Japan represents a major contribution to Western understanding of the process of legal change in Japan. In four excellent case studies spanning subject matters as diverse as the treatment of minorities and industrial planning, Upham reveals a legal culture of considerable complexity, which challenges simple generalizations. From this material, Upham seeks to derive a number of central themes. Certain of these themes are insightful and solidly supported by Upham's own case studies and other materials on Japanese law. Other themes are more speculative, raising the danger that many of the …

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Table Of Contents, Volume 42, Issue 1 Jan 1998

Table Of Contents, Volume 42, Issue 1

NYLS Law Review

No abstract provided.

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Reflections On The Creation Of The Greater City Of New York And Its First Charter, 1898, David C. Hammack Jan 1998

Reflections On The Creation Of The Greater City Of New York And Its First Charter, 1898, David C. Hammack

NYLS Law Review

No abstract provided.

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The New York City Charter And The Question Of Scale, Richard Briffault Jan 1998

The New York City Charter And The Question Of Scale, Richard Briffault

NYLS Law Review

No abstract provided.

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The Public Advocate For New York City: An Analysis Of The Country’S Only Elected Ombudsman, Mark Green, Laurel W. Eisner Jan 1998

The Public Advocate For New York City: An Analysis Of The Country’S Only Elected Ombudsman, Mark Green, Laurel W. Eisner

NYLS Law Review

No abstract provided.

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In The Interest Of Justice: The Impact Of Court-Ordered Reform On The City Of New York, Tamia Perry Jan 1998

In The Interest Of Justice: The Impact Of Court-Ordered Reform On The City Of New York, Tamia Perry

NYLS Law Review

No abstract provided.

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Symposium: "Separation Of Powers In State Constitutional Law": Introduction, Carl T. Bogus Jan 1998

Symposium: "Separation Of Powers In State Constitutional Law": Introduction, Carl T. Bogus

Roger Williams University Law Review

No abstract provided.

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The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser Jan 1998

The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser

LLM Theses and Essays

The drafting process of the most successful international uniform law of the last decades, the 1980 United Nations Convention on the International Sale of Goods (CISG) reflected that in order to become a set of "well-balanced subsidiary rules," international uniform must be drafted and implemented carefully. It is essential that an international uniform law is adapted to diverse cultures. The different needs and demands of the varied socio-economic systems and legal structures, perceptions, procedures, and cultures of the distinct legal systems of this world are a main and omnipresent consideration and must be capable of absorbing the unified law. Either …

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The Hidden History Of The Second Amendment, Carl Bogus Jan 1998

The Hidden History Of The Second Amendment, Carl Bogus

Law Faculty Scholarship

No abstract provided.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 5, Iss. 1 Jan 1998

Table Of Contents - Cardozo Women's Law Journal, Vol. 5, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Reproductive Rights Of Women: Construction And Reality In International And United States Law, Kimberly A. Jones Jan 1998

Reproductive Rights Of Women: Construction And Reality In International And United States Law, Kimberly A. Jones

Cardozo Journal of Equal Rights & Social Justice

The article examines the disparity between the legal recognition of women's reproductive rights and the reality of their ability to exercise these rights. It explores how international and United States laws construct reproductive rights differently, but both fail to address the cultural, economic, and social barriers that prevent women from realizing these rights. The analysis underscores the need for states to take affirmative actions to dismantle these barriers and ensure that women can fully exercise their reproductive rights.

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"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy Jan 1998

"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy

Cardozo Journal of Equal Rights & Social Justice

Louisa McCord's essays provide a unique lens into the legal and political thought of antebellum Southern society, particularly her defense of slavery and the role of law in maintaining social order. She argued that law should ensure basic fairness in market transactions but should not interfere with the institution of slavery, which she viewed as a matter of sentiment rather than legal regulation. McCord's work challenges the notion that legal history is confined to the common law tradition, emphasizing the importance of understanding law as part of a broader societal outlook.

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Fairness Of Contract V. Freedom Of Contract: The Problematic Nature Of Contractual Obligation In Premarital Agreements, Faun M. Phillipson Jan 1998

Fairness Of Contract V. Freedom Of Contract: The Problematic Nature Of Contractual Obligation In Premarital Agreements, Faun M. Phillipson

Cardozo Journal of Equal Rights & Social Justice

The note examines the tension between the duty of full and fair disclosure in premarital agreements and the principle of freedom of contract, focusing on Wisconsin courts' handling of this issue. It critiques the ambiguity in judicial standards for enforcing such agreements, arguing that the concept of "meaningful choice" introduced by the Wisconsin Supreme Court, while promising, lacks clear guidelines, leading to inconsistent and sometimes arbitrary outcomes. The analysis highlights the conflict between ensuring procedural fairness and avoiding paternalistic judicial interference in private contracts.

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Invasion Of Privacy Tort: Does The Deference Given To The Press Ignore The Family, T. Michael Wickersham Jan 1998

Invasion Of Privacy Tort: Does The Deference Given To The Press Ignore The Family, T. Michael Wickersham

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf Jan 1998

Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf

Cardozo Journal of Equal Rights & Social Justice

The note argues that prison nurseries offer a viable solution to the challenges faced by incarcerated mothers and their children, addressing the detrimental effects of separation on both. It advocates for the implementation of prison nurseries to support maternal care and rehabilitation, while also highlighting the need for legal and policy reforms to ensure equitable treatment and protect parental rights.

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Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane Jan 1998

Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane

Cardozo Journal of Equal Rights & Social Justice

The note explores the legal and psychological dimensions of neonaticide, proposing the recognition of a Neonaticide Syndrome to better understand the mental state of perpetrators and inform legal defenses. It argues that such a syndrome, characterized by denial of pregnancy and psychotic breaks, could provide a framework for lenient sentencing and negate intent in homicide charges, similar to how Rape Trauma Syndrome and Battered Woman Syndrome are used in court. The analysis emphasizes the need for expert testimony to explain the mental state of defendants and the admissibility of such evidence under Frye and Daubert standards.

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Women's Annotated Legal Bibliography Jan 1998

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Same-Sex Sexual Harassment: Cutting The Gordian Knot, Collin O'Connor Udell Jan 1998

Same-Sex Sexual Harassment: Cutting The Gordian Knot, Collin O'Connor Udell

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Women And Assisted Suicide: Exposing The Gender Vulnerability To Acquiescent Death, Lynne Marie Kohm, Britney N. Brigner Jan 1998

Women And Assisted Suicide: Exposing The Gender Vulnerability To Acquiescent Death, Lynne Marie Kohm, Britney N. Brigner

Cardozo Journal of Equal Rights & Social Justice

The article argues that women are disproportionately vulnerable to assisted suicide due to societal, economic, and emotional factors, and that legalizing assisted suicide could exacerbate gender disparities in death rates. It critiques the lack of protections for vulnerable individuals, particularly women, who may be coerced or influenced into assisted suicide. The analysis emphasizes the need to address the root causes of suffering rather than resorting to assisted suicide, while also advocating for societal changes to support women and reduce their vulnerability.

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Justice Ruth Bader Ginsburg And The Virginia Military Institute: A Culmination Of Strategic Success, Scott M. Smiler Jan 1998

Justice Ruth Bader Ginsburg And The Virginia Military Institute: A Culmination Of Strategic Success, Scott M. Smiler

Cardozo Journal of Equal Rights & Social Justice

The note examines Justice Ginsburg's pivotal role in shaping the Supreme Court's approach to gender-based discrimination, particularly through her advocacy for heightened scrutiny of such classifications. It highlights how her efforts culminated in the landmark decision of United States v. Virginia, where the Court ruled that Virginia Military Institute's (VMI) exclusion of women violated the Equal Protection Clause. The decision reinforced the requirement that gender-based classifications must meet an exceedingly persuasive justification, aligning with Ginsburg's long-standing commitment to dismantling gender stereotypes and advancing equal protection principles.

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Alumni News & Notes (Volume 2, Issue No. 1) (1998), Roger Williams University School Of Law Jan 1998

Alumni News & Notes (Volume 2, Issue No. 1) (1998), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz Jan 1998

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

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Review Of 'Artificial Legal Intelligence', Stephen M. Mcjohn Jan 1998

Review Of 'Artificial Legal Intelligence', Stephen M. Mcjohn

Suffolk University Law School Faculty Works

Artificial Legal Intelligence, by Pamela Gray, presents a thought-provoking approach to both computational models of legal reasoning and the use of evolutionary thinking about the law. Drawing on a prodigious amount of research, the book looks beyond the rather technical approach common in the field and attempts to place artificial legal intelligence within the broad structure of legal history. This paper first summarizes the book's vision of a computerized artificial legal intelligence, a vision of developments in both technology and legal history. The paper discusses how this fits with trends in both artificial intelligence and legal theory. The paper further …

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