Law Commons^™

Editorial Board - Vol. 8, No. 2 Spring 1998

Seton Hall Constitutional Law Journal

No abstract provided.

New Jersey Constitution - Article Vi, Section Ii Para. 3 - Entire Controversy Doctrine Does Not Compel Assertion Of Legal Malpractice Claim In Underlying Action That Gives Rise To The Claim - Olds V. Donnelly, 150 N.J. 424, 696 A.2d 633 (1997)., Despina Tartsinis

Seton Hall Constitutional Law Journal

No abstract provided.

Reflections On The Papers Presented By Weiler, Goebel, And Meyers & Levie, George A. Bermann

Faculty Scholarship

The preceding papers amply demonstrate that an important step in the progressive integration of the European Union can be a compelling one without being an easy one. The transition to economic and monetary union (EMU) in Europe is precisely such a step. In this brief comment, I hope merely to show that, however powerful may be the case for economic and monetary union, passage to it is both generating institutional misgivings and entailing what could be institutional mistakes.

I begin with the case for economic and monetary union, which I consider to be a very strong one indeed. Not many …

Use Of Force And Constitutionalism, Lori Fisler Damrosch

Faculty Scholarship

Are constitutional democracies more inclined than other kinds of regimes to observe the international law of the United Nations Charter on use of force? Are they relatively more vulnerable to unlawful behavior by others? How can constitutional democracies ensure fidelity to their underlying constitutional principles when they engage in multinational military operations for preservation or restoration of international peace? These and related questions at the intersection of the international and national legal orders merit careful attention as political structures around the world undergo post-Cold War transformation.

Emerging Statutory And Constitutional Tools For States To Resist Federal Environmental Regulation, Michael B. Gerrard

Faculty Scholarship

This is a time of high tensions between the federal government and the states over environmental regulation. The flashpoints include actions by the U.S. Environmental Protection Agency (EPA) against states that enact laws shielding environmental audit reports from discovery; the withdrawal of several states from certain regulatory reform programs and delegated programs; and EPA accusations that some states are ignoring many violations of the pollution control laws, and loud denials by state representatives.

The Supremacy Clause of the U.S. Constitution and the complex of federal environmental statutes enacted in the 1970s and 1980s still give Washington the upper hand in …

The Impact Of "Fair Use" In The Higher Education Community: A Necessary Exception?, Oren R. Griffin, Stephana I. Colbert

Articles, Chapters in Books and Other Contributions to Scholarly Works

Despite legislative efforts to define it, the concept of Fair Use has been the subject of aggressive debate among publishers, authors, librarians, and users of copyrighted information ("academics") at academic institutions. With the advent of the Internet and the prospect of multimedia projects, the debate has intensified and expanded into the international community.

This Article focuses primarily on the challenges that face academic administrators and college and university attorneys seeking to advise their academic clients of the parameters of the Fair Use Doctrine-encouraging both sharing and dissemination of scholarly information, and compliance with the law, while limiting institutional liability. This …

Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone

Faculty Publications

No abstract provided.

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Faculty Publications

No abstract provided.

Rhetoric And Rage: Third World Voices In International Legal Discourse, Karin Mickelson

All Faculty Publications

This paper sets out to question the conventional view of the Third World and international law, which tends to characterize Third World legal discourse as ad hoc and reactive. It considers whether it might be possible to identify "distinctive modes of thought and analysis" characteristic of a Third World approach to international law. In her analysis, the author begins by exploring various usages of the term "Third World," and explains the way in which it is used in this paper. She then sketches out Third World approaches to the subject areas of international economic law, human rights and the environment, …

Taking The Mass Out Of Mass Torts: Reflections Of A Dalkon Shield Arbitrator On Alternative Dispute Resolution, Judging, Neutrality, Gender, And Process, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Life in the modem and post-modem world has changed our understanding of many traditional legal matters. Although many died from plagues, wars, and some shipping and agricultural accidents in the years which preceded the Industrial Revolution and modem breakthroughs in medicine, the twentieth century has given rise to "group" injury and death -it unprecedented levels, all as we march toward growth, progress, and greater goods for greater numbers. Mass progress has resulted in mass injury, which in turn has transformed individualized justice into mass justice. Whether structured as large class actions or as thousands of individual cases dealing with the …

Rules Of Engagement, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Why does the law treat engagement rings differently from other gifts? The answer is rooted in a history in which courts generally entertained litigation over broken engagements. As legislatures slowly abolished actions for breach of promise to marry in the early and middle decades of this century, on the grounds that such actions were inconsistent with modem understandings of love and marriage, one potential fact pattern for successful plaintiffs emerged: the case in which a man sues a woman for the return of his engagement gifts.

The history and logic of this body of law-the rules of engagement invite examination.

A Literalist Proposes Four Modest Revisions To U.C.C. Article 3, Timothy R. Zinnecker

University of Richmond Law Review

I first taught a Payment Systems class during the fall of 1994. Not having taken the course in law school, and bringing very little "real world" experience in this area of commercial law to the classroom, I approached the task of teaching the course with some degree of fear and trepidation. I had already taught Secured Transactions, so I was familiar with the challenges of teaching a statutory course to a reluctant audience scarred by horror stories of their predecessors. I also audited a Payment Systems course taught by a colleague during the summer, so I had a good start …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Death In The Federal Courts: Expectations And Realities Of The Federal Death Penalty Act Of 1994, John P. Cunningham

University of Richmond Law Review

"Thou shalt not kill." These four words have echoed throughout the churches, judicial courts, and political meeting places of men and women for time immemorial. Along with their deep religious and political significance, they carry with them a haunting contrast to the current state of mankind: men and women can kill other men and women-legally. In the United States, this "legal" killing, commonly referred to as the "death penalty," traditionally takes place within the confines of the individual state judicial systems, and generally involves the execution of felons tried and convicted of some form of intentional murder.

The Eastern District Of Virginia: A Working Solution For Civil Justice Reform, Heather Russell Koenig

University of Richmond Law Review

It has been referred to as "the fastest, fairest, federal court in the country," "the most efficient, professional federal court in the nation," the court "known for moving things along quickly" and where "cases zoom through the system faster than at any other federal court in the nation." Where is this court that is "so efficient that it could be used as a model for the rest of the country?" It is the United States District Court for the Eastern District of Virginia.

Annual Survey Of Virginia Law: Domestic Relations, Lynne Marie Kohm

University of Richmond Law Review

Within the past year, there have been changes of formidable importance in many major areas of domestic relations, both nationally and in Virginia. This article will review the major judicial and legislative developments in family law in Virginia in the context of national domestic relations law, with an eye toward trends in Virginia.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Mandatory Hiv Testing Of Professional Boxers: An Unconstitutional Effort To Regulate A Sport That Needs To Be Regulated, Raymond C. O'Brien, Michael T. Flannery

Scholarly Articles

No abstract provided.

Foreword, Symposium, The Religious Lawyering Movement: An Emerging Force In Legal Ethics And Professionalism, Russell G. Pearce

Fordham Law Review

No abstract provided.

Remarks, Symposium, Religion And The Lawyer, N. Lee Cooper

Fordham Law Review

No abstract provided.

Remarks, Symposium, Faith Tends To Subvert Legal Order, Thomas L. Shaffer

Fordham Law Review

No abstract provided.

A Religious Perspective On Legal Practice And Ethics, Joseph Allegretti

Fordham Law Review

No abstract provided.

Faith And The Attorney-Client Relationship: A Muslim Perspective, Azizah Y. Al-Hibri

Fordham Law Review

No abstract provided.

Practicing Criminal Law: A Jewish Law Analysis Of Being A Prosecutor Or Defense Attorney, Michael J. Broyde

Fordham Law Review

No abstract provided.

Response To Joseph Allegretti: The Relevance Of Religion To A Lawyer's Work, Lawrence A. Hoffman

Fordham Law Review

No abstract provided.

What Does Religion Have To Do With Legal Ethics? A Response To Professor Allegretti, James M. Jenkins

Fordham Law Review

No abstract provided.

Convenanting With The Powerless: Strangers, Widows, And Orphans, Ana Maria Pineda

Fordham Law Review

No abstract provided.

Representing Native People And Indian Tribes: A Reponse To Professor Allegretti, Frank Pommersheim

Fordham Law Review

No abstract provided.

Jurisprudence And Theology, Edward B. Foley

Fordham Law Review

No abstract provided.

Spirited Debate: A Comment On Edward B. Foley's Jurisprudence And Theology, Perry Dane

Fordham Law Review

No abstract provided.