Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Ethics and Professional Responsibility (51)
- Jurisprudence (49)
- Environmental Law (48)
- State and Local Government Law (35)
- Health Law and Policy (29)
-
- Military, War, and Peace (28)
- Immigration Law (27)
- Oil, Gas, and Mineral Law (25)
- International Law (24)
- Legal History (24)
- Public Law and Legal Theory (24)
- Organizations Law (21)
- Civil Rights and Discrimination (14)
- Constitutional Law (14)
- Law and Politics (14)
- Law and Race (14)
- Law and Gender (12)
- Criminal Law (11)
- Social and Behavioral Sciences (11)
- Courts (10)
- Legislation (10)
- Litigation (10)
- Legal Profession (9)
- Legal Education (8)
- Other Law (7)
- Comparative and Foreign Law (6)
- Family Law (6)
- Law and Economics (6)
- Institution
-
- University of Florida Levin College of Law (27)
- St. Mary's University (25)
- American University Washington College of Law (23)
- Yeshiva University, Cardozo School of Law (20)
- Seattle University School of Law (13)
-
- New York Law School (12)
- University of Michigan Law School (12)
- BLR (9)
- Cornell University Law School (8)
- Georgetown University Law Center (7)
- University of Miami Law School (7)
- Mitchell Hamline School of Law (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- UIC School of Law (5)
- University of Arkansas Little Rock (5)
- University at Buffalo School of Law (4)
- Vanderbilt University Law School (4)
- Columbia Law School (3)
- Maurer School of Law: Indiana University (3)
- Singapore Management University (3)
- University of Colorado Law School (3)
- Washington and Lee University School of Law (3)
- Florida International University College of Law (2)
- University of Denver (2)
- Association of American Law Schools (1)
- Barry University School of Law (1)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Keyword
-
- Accountability (20)
- CAO (19)
- IFC (19)
- International law (19)
- Environmental law (18)
-
- World bank (18)
- St. Mary’s Law Journal (15)
- St. Mary’s University School of Law (14)
- Law and Society (11)
- Children (4)
- Jurisprudence (4)
- Parents (4)
- Race and law (4)
- Social Welfare (4)
- Supreme Court (4)
- Adoption (3)
- Arts and Entertainment (3)
- Constitution (3)
- Courts (3)
- Critical race theory (3)
- Cuba (3)
- Democracy (3)
- Discrimination (3)
- Ethics (3)
- Human rights (3)
- Legal History (3)
- Legislation (3)
- Medicare (3)
- Poverty (3)
- Privacy (3)
- Publication
-
- St. Mary's Law Journal (25)
- University of Florida Journal of Law & Public Policy (21)
- CAO General 1999-Present (16)
- Cardozo Law Review (15)
- Articles (10)
-
- NYLS Law Review (10)
- ExpressO (9)
- Cornell Law Faculty Publications (8)
- Faculty Articles (7)
- Faculty Scholarship (7)
- Georgetown Law Faculty Publications and Other Works (7)
- Michigan Law Review (6)
- Scholarly Works (6)
- Seattle University Law Review (6)
- UF Law Faculty Publications (6)
- University of Arkansas at Little Rock Law Review (5)
- William Mitchell Law Review (5)
- Faculty Publications (3)
- IFC E&S Performance Standards (3)
- Journal Articles (3)
- Michigan Journal of Race and Law (3)
- Research Collection Yong Pung How School Of Law (3)
- UIC Law Open Access Faculty Scholarship (3)
- Vanderbilt Law Review (3)
- Washington and Lee Law Review (3)
- Bill of Particulars (2)
- Cardozo Journal of International and Comparative Law (2)
- Scholarly Articles in Law Reviews & Journals (2)
- Sustainable Development Law & Policy (2)
- UIC Law Review (2)
- Publication Type
Articles 151 - 180 of 230
Full-Text Articles in Law and Society
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Faculty Articles
Beginning in the mid-1990s, Cuba embarked upon a transformation of the agricultural sector that has been hailed by some observers as a model of socially equitable and ecologically sustainable agriculture. Cuba shifted from an export-oriented, chemical-intensive agricultural development strategy to one that promoted organic agriculture and encouraged production for the domestic market. This article places Cuba's agricultural reforms in historical context by examining the evolution of Cuban agriculture from the colonial period until the present through the lens of food security and ecological sustainability. The article argues that Cuba, for most of its history, was food insecure and ecologically compromised …
Strangers And Brothers: A Homily On Transracial Adoption, Carl E. Schneider
Strangers And Brothers: A Homily On Transracial Adoption, Carl E. Schneider
Articles
The common law speaks to us in parables. Ours is Drummond v. Fulton County Department of Family and Children's Services. Just before Christmas 1973, a boy named Timmy was born to a white mother and a black father. A month later, his mother was declared unfit, and the Department of Family and Children Services placed Timmy with white foster parents - Robert and Mildred Drummond. The Drummonds were "excellent" and "loving" parents, and Timmy grew into "an extremely bright, highly verbal, outgoing 15-month baby boy." Then the Drummonds asked to adopt Timmy. The Department's reviews of the Drummonds' devotion …
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants., Donna F. Coltharp
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants., Donna F. Coltharp
St. Mary's Law Journal
Cases prosecuted under 8 U.S.C. §1324 present special challenges for the Government and for defendants. Under §1324, it is a crime to transport or smuggle aliens into the United States. Prosecuting transporters or smugglers may present a challenge if a witness is unavailable. Even though transporting or smuggling always has witnesses—the alien(s) who hired the smuggler or transporter—not all witnesses have prolonged detentions, and some are returned to their native country. The transporter or smuggler may then assert their Sixth Amendment right. The Sixth Amendment’s Confrontation Clause requires that in all criminal prosecutions, the accused shall enjoy the right to …
Terrorism, Grand Juries, And The Federal Material Witness Statute., Roberto Iraola
Terrorism, Grand Juries, And The Federal Material Witness Statute., Roberto Iraola
St. Mary's Law Journal
Abstract Forthcoming.
When Parents And Educators Clash: Are Special Education Students Entitled To A Cadillac Education., Judith Deberry
When Parents And Educators Clash: Are Special Education Students Entitled To A Cadillac Education., Judith Deberry
St. Mary's Law Journal
Due to the ambiguous language of the Individuals with Disabilities Education Act (IDEA), there is uncertainty concerning IDEA’s requirements. IDEA mandates that all school districts receiving federal education monies provide for the education of disabled students. According to IDEA, each state must provide disabled children with “free appropriate public education” (FAPE) that emphasizes special education and related services designed to meet the student’s unique needs and prepare him or her for employment and independent living. Parents have argued that IDEA requires school districts to compensate them for commercial programs and private school costs. Courts have held that an individual education …
The Toxic Mold Terrifying Texas: Mold's Hold On The Insurance Industry., Sylvia Pena-Alfaro
The Toxic Mold Terrifying Texas: Mold's Hold On The Insurance Industry., Sylvia Pena-Alfaro
St. Mary's Law Journal
It is imperative that more scientific research concerning the effects of mold be conducted to better understand the consequences of long-term exposure to mold. Because of home and building modifications to conserve energy, mold has been able to thrive. Reports of illnesses allegedly caused by mold exposure have increased. No scientific evidence, however, exists that conclusively links the illnesses to the effects of mold. Only a limited number of scientific studies exist showing just how harmful toxic mold can be, but there is disagreement as to whether the harmful effects of toxic mold can compromise the immune system to such …
In Re V.L.K. V. Troxel: Is The Best Interest Standard In A Motion To Modify The Sole Managing Conservator Subject To A Due Process Or Course Challenge., David F. Johnson
In Re V.L.K. V. Troxel: Is The Best Interest Standard In A Motion To Modify The Sole Managing Conservator Subject To A Due Process Or Course Challenge., David F. Johnson
St. Mary's Law Journal
Texas Family Code section 156.101 is unconstitutional. In In re V.L.K, the Texas Supreme Court held that the Texas Legislature removed the injurious retention element from section 156.101 and no longer required a finding that the natural parent be injurious to the welfare of the child. The Texas Supreme Court’s ruling is contradictory to the United States Supreme Court’s ruling in Troxel v. Granville. In Troxel, the Supreme Court struck down a state statute that effectively permitted any third party to file a motion to challenge custody. Under Texas law, any affected party, not limited to parties named in the …
Telemedicine In Texas: Solving The Problems Of Licensure, Privacy, And Reimbursement., Gilbert Eric Deleon
Telemedicine In Texas: Solving The Problems Of Licensure, Privacy, And Reimbursement., Gilbert Eric Deleon
St. Mary's Law Journal
Abstract Forthcoming.
Introduction To The Second Annual Symposium On Legal Malpractice & (And) Professional Responsibility The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Adam Boland
St. Mary's Law Journal
Abstract Forthcoming.
Absolute And Perfect Candor To Clients The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Vincent R. Johnson
Absolute And Perfect Candor To Clients The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Vincent R. Johnson
St. Mary's Law Journal
The fiduciary duty owed to clients by attorneys is defined by the reasonable-care standard of negligence as opposed to the all-encompassing “absolute and perfect candor” rhetoric frequently used to describe the duty owed. Words have meanings and, though the use of “absolute and perfect candor” serves a beneficial purpose, reminding attorneys of the special duty owed to their clients, the fiduciary duty owed to clients is not so all encompassing and impractical. Modern case law fails to establish that a broadly applicable duty of “absolute and perfect” candor applies to the attorney-client relationship, except in a limited number of situations. …
The Legal Profession At The Crossroads: Who Will Write The Future Rules Governing The Conduct Of Lawyers Representing Public Corporations The Second Annual Symposium On Legal Malpractice & Professional Responsibility., David J. Beck
St. Mary's Law Journal
Abstract Forthcoming.
The Liability Of Lawyers For Fraud Under The Federal And State Securities Laws The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Kathy Patrick
St. Mary's Law Journal
Abstract Forthcoming.
The Cost Of Humanitarian Assistance: Ethical Rules And The First Amendment The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Jack P. Sahl
St. Mary's Law Journal
Abstract Forthcoming.
Tactical Considerations In Defending Assigned Legal Malpractice Claims Essay., William D. Cobb Jr.
Tactical Considerations In Defending Assigned Legal Malpractice Claims Essay., William D. Cobb Jr.
St. Mary's Law Journal
Every Texas lawyer with a legal malpractice defense docket should be aware of the Zuniga rule and its possible exceptions. Although the general rule in Texas is that causes of action are freely assignable, because of the ruling in Zuniga v. Groce, Locke & Hebdon, legal malpractice causes of action are unassignable. The Texas Supreme Court declined to hear the case with the notation “writ refused” essentially adopting the lower court’s opinion as its own. Nonetheless, the decision in Zuniga did not resolve the problem of the insolvent judgment debtor, nor did Zuniga purport to invalidate all agreements that dispose …
Insurance Companies Use Of Captive Or In-House Counsel To Represent Insured Constitutes The Unauthorized Practice Of Law: Is American Home The Right Decision For Texas Comment., Daniel M. Martinez
Insurance Companies Use Of Captive Or In-House Counsel To Represent Insured Constitutes The Unauthorized Practice Of Law: Is American Home The Right Decision For Texas Comment., Daniel M. Martinez
St. Mary's Law Journal
Insurance companies should not be allowed to continue the practice of hiring in-house or captive counsel to defend against a claim covered by their insurance policy. Under a typical liability insurance policy, the insurer has a duty to defend. When legal counsel is retained, the insurer pays for the representation and has a contractual right to control the defense. This places defense counsel in a precarious situation because he or she has to balance the contractual obligations to the insurer against his or her ethical responsibilities to the insured. The defense counsel may be exposed to a malpractice claim by …
Jury Patriotism: The Jury System Should Be Improved For Texans Called To Serve., K. B. Battaglini, Mark A. Behrens, Cary Silverman
Jury Patriotism: The Jury System Should Be Improved For Texans Called To Serve., K. B. Battaglini, Mark A. Behrens, Cary Silverman
St. Mary's Law Journal
Many citizens seem to embrace the jury system, so long as they do not have to participate. The reason for this is not that most citizens are “un-American” but rather the burden jury duty imposes on potential jurors. Texans, in general, continue to overwhelmingly support the jury system. Yet, many citizens fail to appear for jury duty when summoned or strive to get out of jury duty after entering the courthouse. Most of these individuals do not lack a sense of civic duty. Rather, they are discouraged from jury service due to the hardship and headache imposed by an antiquated …
Punitive Damages In Texas: Examining The Need For A Split-Recovery Statute., Meredith Matheson Thoms
Punitive Damages In Texas: Examining The Need For A Split-Recovery Statute., Meredith Matheson Thoms
St. Mary's Law Journal
As a result of the increasing number and amounts of punitive damage awards, a call for reform is much warranted. Reformers and legislators continue to seek out measures to effectively limit excessive punitive damage awards and deter unnecessary and frivolous litigation. But they must consider not only the effects of the statutes but also the purposes they will serve. Split-recovery statutes can become valuable reform tool which will continue to serve the goals of punishment and retribution attached to punitive damages as well as deterrence. Split-recovery statutes arguably enlarge government, but they also serve a valuable purpose in furthering the …
“Head Start Works Because We Do”: Head Start Programs, Community Action Agencies, And The Struggle Over Unionization, Eloise Pasachoff
“Head Start Works Because We Do”: Head Start Programs, Community Action Agencies, And The Struggle Over Unionization, Eloise Pasachoff
Georgetown Law Faculty Publications and Other Works
In the summer of 2002, the city of Boston watched a fierce battle unfold between low-wage workers who provide child care and the social service agencies that employ them. Boston requires its city contractors to pay more than twice the federal minimum wage of $5.15 an hour to their employees, according to the terms of the city's "living wage" ordinance. The social service agencies, which receive government subsidies to run their child care programs, claimed that they could not afford to pay this rate. These agencies mounted an intense legal and political campaign, arguing that they would be forced to …
A History Lesson: Reparations For What?, Emma Coleman Jordan
A History Lesson: Reparations For What?, Emma Coleman Jordan
Georgetown Law Faculty Publications and Other Works
A major difficulty facing the reparations-for-slavery movement is that to date the movement has focused its litigation strategies and its rhetorical effort upon the institution of slavery. While slavery is the root of modern racism, it suffers many defects as the centerpiece of a reparations litigation strategy. The most important difficulty is temporal. Formal slavery ended in 1865. Thus, the time line of potentially reparable injury extends to well before the period of any person now living. The temporal difficulty arises from the conventional expectations of civil litigation, which require a harmony of identity between the defendants and the plaintiffs. …
Maintaining Human Rights In A Time Of Terrorism: A Case Study In The Value Of Legal Scholarship In Shaping Law And Public Policy, Nadine Strossen
Maintaining Human Rights In A Time Of Terrorism: A Case Study In The Value Of Legal Scholarship In Shaping Law And Public Policy, Nadine Strossen
NYLS Law Review
No abstract provided.
Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith
Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith
St. Mary's Law Journal
Interest on Lawyers Trust Account (IOLTA) programs recently survived a constitutional challenge. IOLTA programs require interest earned from trust accounts deposited with client money to fund legal services for the poor. Many states, including Texas, maintain a mandatory IOLTA program, requiring all lawyers who handle client funds to participate. Proponents of IOLTA argue it benefits civil justice. Opponents argue it is an unconstitutional taking in violation of the Fifth Amendment. The Fifth Circuit held IOLTA accounts to be an unconstitutional taking of client property. The Ninth Circuit, however, found IOLTA accounts constitutional, holding that IOLTA accounts are not a taking …
Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez
Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez
St. Mary's Law Journal
This Comment proposes that accountants be held liable to any foreseeable user of their work product to ensure the deterrence of negligence on their part. Currently, the three main common law theories concerning whether nonclients can sue accountants for negligence are: (1) the privity rule; (2) the Restatement (Second) of Torts § 552; and (3) the foreseeability standard. Many states follow the Restatement approach entitled “Information Negligently Supplied for the Guidance of Others.” Texas imposes liability on accountants but fails to extend protections to third parties who rely upon the accuracy of financial statements. Further, Texas liability does not expose …
Marbury V. Madison And Modern Judicial Review, Robert F. Nagel
Marbury V. Madison And Modern Judicial Review, Robert F. Nagel
Publications
This Article compares the realist critique of Marbury with several revisionist defenses of that decision. Realists claim to see Marbury as essentially political and thus as the fountainhead of modern judicial review. Revisionists claim to see the decision as legalistically justified and thus inconsistent with current practices. Close examination, however, indicates that, despite sharp rhetorical differences, these two accounts are largely complementary rather than inconsistent. Each envisions Marbury as embodying elements of both political realism and legal formalism. Once the false argument about whether Marbury was either political or legal is put aside, it is possible to trace the influence …
In Praise Of The Rule Of Law, The Role Of Judges, And The Right To Shop, Nadine Strossen
In Praise Of The Rule Of Law, The Role Of Judges, And The Right To Shop, Nadine Strossen
NYLS Law Review
No abstract provided.
Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.
Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.
NYLS Law Review
No abstract provided.
Copyright And Computer Programs: A Failed Experiment And A Solution To A Dilemma, William F. Patry
Copyright And Computer Programs: A Failed Experiment And A Solution To A Dilemma, William F. Patry
NYLS Law Review
No abstract provided.
Jon O. Newman And The Abortion Decisions: A Remarkable First Year, Andrew D. Hurwitz
Jon O. Newman And The Abortion Decisions: A Remarkable First Year, Andrew D. Hurwitz
NYLS Law Review
No abstract provided.
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
NYLS Law Review
No abstract provided.
The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro
The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro
NYLS Law Review
No abstract provided.
A Sanist Will?, Pamela R. Champine