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2004

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Articles 271 - 300 of 330

Full-Text Articles in Law and Society

Playing The Probate Card: A Plaintiff's Guide To Transfer To Statutory Probate Court., Joseph R. Marrs Jan 2004

Playing The Probate Card: A Plaintiff's Guide To Transfer To Statutory Probate Court., Joseph R. Marrs

St. Mary's Law Journal

Plaintiffs and defendants in tort litigation by or against a probate estate can be better-litigated in statutory probate court. Since the 1970s, Texas probate courts have steadily risen to power. The Texas Supreme Court attempted to curtail this practice in Seay v. Hall. The Texas legislature overruled Seay and continued to expanded the jurisdiction of statutory probate courts. Despite the continuing “merry dance” between the legislation and judicial review, the legitimate purpose of expanding lawsuits to probate court remains that of efficiently resolving lawsuits linked to guardianship or decedents’ estates while preserving all parties’ interests. The author uses an example …

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Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk Jan 2004

Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk

St. Mary's Law Journal

Abstract Forthcoming.

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Microfinance And Financial Development, Michael S. Barr Jan 2004

Microfinance And Financial Development, Michael S. Barr

Articles

Close to three billion people-half of the world's population-live on less than two dollars a day.' Within these poor communities, one child in five will not live to see his or her fifth birthday. To boost international development, the United Nations (UN) announced the Millennium Development Goals, aimed at eradicating poverty by 2015.? A number of countries responded at the International Conference for Financing International Development in Monterrey, Mexico, by creating action plans to begin to implement the Millennium Development Goals.4 Yet the Millennium Development Goals will prove difficult to achieve.1

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Welfare Law, Welfare Fraud And The Moral Regulation Of The 'Never Deserving' Poor, Shelley A. M. Gavigan, Dorothy E. Chunn Jan 2004

Welfare Law, Welfare Fraud And The Moral Regulation Of The 'Never Deserving' Poor, Shelley A. M. Gavigan, Dorothy E. Chunn

Articles & Book Chapters

The dismantling and restructuring of Keynesian social security programmes have impacted disproportionately on women, especially lone parent mothers, and shifted public discourse and social images from welfare fraud to welfare as fraud, thereby linking poverty, welfare and crime. This article analyzes the current, inordinate focus on 'welfare cheats'. The criminalization of poverty raises theoretical and empirical questions related to regulation, control, and the relationship between them at particular historical moments. Moral regulation scholars working within post-structuralist and post-modern frameworks have developed an influential approach to these issues,however, we situate ourselves in a different stream of critical socio-legal studies that takes …

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Apes, Darwinian Continuity, And The Law, Roger S. Fouts Jan 2004

Apes, Darwinian Continuity, And The Law, Roger S. Fouts

Animal Law Review

This article proposes that the delusional worldview that “man” is outside and above the other “defective” organic beings in nature is completely without empirical scientific foundation. An alternative and harmonious way of being is presented that is derived from the acceptance of the biological reality of continuity.

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Campaign For Fiscal Equity, Inc. V. State, Oreen Chay Jan 2004

Campaign For Fiscal Equity, Inc. V. State, Oreen Chay

NYLS Law Review

No abstract provided.

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Friendsters, Tricksters, And Playculture, Mary Flanagan Jan 2004

Friendsters, Tricksters, And Playculture, Mary Flanagan

NYLS Law Review

No abstract provided.

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The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr Jan 2004

The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr

Cardozo Journal of Equal Rights & Social Justice

The article critiques Justice Anthony Kennedy's majority opinion in Lawrence v. Texas for its lack of clarity and robust constitutional framework. While the decision overturned Texas's sodomy law, the author argues that Kennedy's reasoning conflated liberty and equality rights, relied on vague language, and failed to establish a clear legal standard, undermining its potential to provide strong protection for LGBTQ+ rights.

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The Missing Word In Lawrence V. Texas, Ruthann Robson Jan 2004

The Missing Word In Lawrence V. Texas, Ruthann Robson

Cardozo Journal of Equal Rights & Social Justice

The article critiques the Supreme Court's decision in Lawrence v. Texas for omitting a crucial acknowledgment: an apology for the harm caused by its previous ruling in Bowers v. Hardwick. While Lawrence overturned the unconstitutional sodomy law, the Court's opinion neglected to address the profound suffering and discrimination endured by LGBTQ+ individuals due to *Bowers*. The author argues that an apology is essential to acknowledge the pain inflicted and to provide closure for those affected.

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Brown Did Not Fail America, America Failed Brown, Patricia A. Broussard Jan 2004

Brown Did Not Fail America, America Failed Brown, Patricia A. Broussard

Journal Publications

It is my belief that the failure of Brown v. Board of Education and the continuing problem of race in America stems from the fact that America never took ownership of the promise of Brown, and instead, viewed the decision purely in terms of desegregation, as opposed to integration. Consequently, integration has remained a concept instead of an action item. Implicit in this notion of desegregation is the idea that the races sit next to one another, while the concept of integration carries with it a much heavier burden. It appears that the races have never made a personal …

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The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson Jan 2004

The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson

St. Mary's Law Journal

The Attorney General of Texas is the only elected official charged with regulating the state’s charitable interest. This duty and authority over charitable assets and entities are comprehensive and unique in themselves. Although the broader state representation role of American attorneys general has evolved considerably and been substantively codified in the statutory law, the area of charity regulations has remained remarkably true to its common law root. This Article will briefly examine the early roots of charity regulation and then discuss the authority and duties of the Attorney General of Texas in the modern context of charity regulation. In Texas, …

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New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood Jan 2004

New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood

St. Mary's Law Journal

Abstract Forthcoming.

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Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas Jan 2004

Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

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Jubilee, Ronald C. Griffin Jan 2004

Jubilee, Ronald C. Griffin

Journal Publications

This essay chronicles the work and celebrates the achievements of blacks and others who lived in and escaped the thralldom of white supremacy.

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One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves Jan 2004

One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves

Journal Publications

The development of anti-discrimination law in the employment context was designed and applied with the elimination of race discrimination in mind. The expansion of anti-discrimination law to older workers has taken place within a legal system that encourages groups to present themselves as "similar to" African Americans. This article explores the difficulty of applying general anti-discrimination principles to the uniquely positioned group of older workers.

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Unpatriotic Acts: An Introduction, Sadiq Reza Jan 2004

Unpatriotic Acts: An Introduction, Sadiq Reza

NYLS Law Review

No abstract provided.

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Virtual Worlds, Real Rules, Caroline Bradley, Michael Froomkin Jan 2004

Virtual Worlds, Real Rules, Caroline Bradley, Michael Froomkin

NYLS Law Review

No abstract provided.

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Virtual Worlds As Comparative Law, James Grimmelmann Jan 2004

Virtual Worlds As Comparative Law, James Grimmelmann

NYLS Law Review

No abstract provided.

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Who’S In Charge Of Who I Am?: Identity And Law Online, Susan P. Crawford Jan 2004

Who’S In Charge Of Who I Am?: Identity And Law Online, Susan P. Crawford

NYLS Law Review

No abstract provided.

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Mmorpg's In The College Classroom, Aaron Delwiche Jan 2004

Mmorpg's In The College Classroom, Aaron Delwiche

NYLS Law Review

No abstract provided.

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Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo Jan 2004

Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo

University of Michigan Journal of Law Reform

Vaccinations against life-threatening diseases are one of the greatest public health achievements in history. Literally millions of premature deaths have been prevented, and countless more children have been saved from disfiguring illness. While vaccinations carry unavoidable risks, the medical, social and economic benefits they confer have led all fifty states to enact compulsory childhood vaccination laws to stop the spread of preventable diseases. Today, however, vaccines are becoming a victim of their success-many individuals have never witnessed the debilitating diseases that vaccines protect against, allowing complacency toward immunization requirements to build. Antivaccination sentiment is growing fast in the United States, …

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The Non-Monetary Value Of Reparations Rhetoric, Emma Coleman Jordan Jan 2004

The Non-Monetary Value Of Reparations Rhetoric, Emma Coleman Jordan

Georgetown Law Faculty Publications and Other Works

I have several comments to offer on the subject of reparations. Reparations is not a single idea. The forty acres and a mule that General Sherman promised to the slaves was the beginning of the idea of reparations in America, but not the end. Reparations is a multi-part idea; until we get that straight, we are vulnerable to the feeling that we are lost again. There are at least three arenas in which the reparations issue may be contested. One is the political arena. In the arena of legislation and political maneuvering, bills must be submitted for majoritarian acceptance. It …

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On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor Jan 2004

On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor

Michigan Law Review

Tens - perhaps hundreds - of thousands of trees could have been spared over the last forty-five years had opponents of physician-assisted death only been content to let Yale Kamisar be their exclusive spokesperson. Their movement would have lost no significant substance or persuasive force, for Kamisar's 1958 article - Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation - presaged the shape and content of the subsequent forty-five year debate over legalizing physician-assisted death ("PAD" ). Kamisar's article preceded by years the development of a whole jurisprudence relating to the withholding/withdrawing of life-sustaining medical treatment ("LSMT") and the administration of pain-relief …

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In Opposition To The Proposed Media Marketing Accountability Act Of 2001, Angela M. Papalaskaris Jan 2004

In Opposition To The Proposed Media Marketing Accountability Act Of 2001, Angela M. Papalaskaris

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Debate Over The Denial Of Marriage Rights And Benefits To Same-Sex Couples And Their Children, Liz Seaton Jan 2004

The Debate Over The Denial Of Marriage Rights And Benefits To Same-Sex Couples And Their Children, Liz Seaton

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri Jan 2004

Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri

Articles

No abstract provided.

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The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley Jan 2004

The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley

Journal Articles

I have conducted empirical research from several states on how juries in medical malpractice and other tort suits allocate their damage awards between economic loss damages and noneconomic loss damages. I then compared cases in which men are the victims and cases in which women are the victims. This research demonstrates that while overall men tend to recover greater total damages, juries consistently award women more in noneconomic loss damages than men, and that the noneconomic portion of women's total damage awards is significantly greater than the percentage of men's tort recoveries attributable to noneconomic damages. Consequently, any cap on …

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Preface To The Justice In Mediation Symposium, Lela Love Jan 2004

Preface To The Justice In Mediation Symposium, Lela Love

Cardozo Journal of Conflict Resolution

On March 12, 2004, the Benjamin N. Cardozo School of Law held a symposium on Justice in Mediation. The papers below represent the first group of articles emanating from that event. More articles will follow in the next issue of the Cardozo Journal of Conflict Resolution.

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The Promise And Perils Of "Our" Justice: Psychological, Critical And Economic Perspectives On Communities And Prejudices In Mediation, Clark Freshman Jan 2004

The Promise And Perils Of "Our" Justice: Psychological, Critical And Economic Perspectives On Communities And Prejudices In Mediation, Clark Freshman

Cardozo Journal of Conflict Resolution

Looking for justice in mediation often depends on the lens. Critics of mediation often measure mediation against an idealized court system and find mediation lacking. Many proponents of mediation, including many contributors to the Cardozo Symposium on Mediation and Justice, argue mediation promotes justice by promoting different values from alternatives like the courts: it may promote the autonomy of the parties by letting them make choices, it may lead to more creative settlements; it may lead to greater satisfaction; it might be less expensive.

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Swimming In The Deep End: Dealing With Justice In Mediation, Jonathan M. Hyman Jan 2004

Swimming In The Deep End: Dealing With Justice In Mediation, Jonathan M. Hyman

Cardozo Journal of Conflict Resolution

Justice is a troublesome issue for mediators. It is not their role to decide who was right and who was wrong. Mediators have no authority to determine if a resolution is fair or just. That role and that authority are reserved for judges, juries, and arbitrators. But if mediators should not decide what is fair and just, why should they even think about those matters? Even learning only what the parties deem fair or unfair about past actions, or what is just or unjust about pending settlement proposals, without trying to impose any "correct" outcome, would leave the mediator with …

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