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Articles 211 - 227 of 227
Full-Text Articles in Legislation
Session Law 01-045, Florida Senate & House Of Representatives
Session Law 01-045, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards
Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Reciprocity, Utility, And The Law Of Aggression, Anita Bernstein
Reciprocity, Utility, And The Law Of Aggression, Anita Bernstein
Faculty Scholarship
No abstract provided.
Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger
Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger
Faculty Scholarship
No abstract provided.
Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz
Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz
Articles
Lopez v. Monterey County is an odd decision. Justice O'Connor's majority opinion easily upholds the constitutionality of a broad construction of section 5 of the Voting Rights Act (VRA) in language reminiscent of the Warren Court. Acknowledging the "substantial 'federalism costs" resulting from the VRA's "federal intrusion into sensitive areas of state and local policymaking," Lopez recognizes that the Reconstruction Amendments "contemplate" this encroachment into realms "traditionally reserved to the States." Justice O'Connor affirms as constitutionally permissible the infringement that the section 5 preclearance process "by its nature" effects on state sovereignty, and applies section 5 broadly, holding the statute …
The U.S. Treasury's Subpart F Report: Plus Ça Change, Plus C'Est La Même Chose?, Reuven S. Avi-Yonah
The U.S. Treasury's Subpart F Report: Plus Ça Change, Plus C'Est La Même Chose?, Reuven S. Avi-Yonah
Articles
On 29 December 2000, the U.S. Treasury Department released its long-awaited study of Subpart F, entitled “The Deferral of Income Earned through U.S. Controlled Foreign Corporations." This study was commenced in the aftermath of the controversy that ensued from the issuance and subsequent withdrawal of Notice 98-11. The study was originally expected to be issued in 1999 in response to the report published that year by the National Foreign Trade Council, which advocated significant changes in Subpart F. The Treasury Study’s delayed issuance at the end of the Clinton Administration means that it only has (at best) persuasive force for …
Invading The "Homes" Of The Homeless: Is Existing Right-Of-Privacy/Publicity Legislation Adequate?, Laurel Kallen
Invading The "Homes" Of The Homeless: Is Existing Right-Of-Privacy/Publicity Legislation Adequate?, Laurel Kallen
Cardozo Arts & Entertainment Law Journal
No abstract provided.
How Democratic Are Initiatives?, Richard B. Collins
How Democratic Are Initiatives?, Richard B. Collins
Publications
No abstract provided.
Introducing Revised Article 9 Of The Uniform Commercial Code, John L. Mccabe, Arthur H. Travers
Introducing Revised Article 9 Of The Uniform Commercial Code, John L. Mccabe, Arthur H. Travers
Publications
No abstract provided.
Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser
Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser
American Indian Law Review
No abstract provided.
Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher
Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher
American Indian Law Review
No abstract provided.
Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb
Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb
Faculty Articles
Washington State's sentencing reform in the early 1980s encompassed all felonies, including those resulting in sentences to prison and jail; the state also enacted the first and only sentencing guidelines for juvenile offenders. Several lessons are suggested from Washington's experience: sentencing guidelines can change sentencing patterns and can reduce disparities among offenders who are sentenced for similar crimes and have similar criminal histories; a sentencing commission does not operate as an independent political force, except when such delegation serves the legislature's purpose; guidelines are policy-neutral technologies that can be harnessed to achieve the legislature's will; in states where citizen initiatives …
State Constitutional Restrictions On Legislative Procedure: Rethinking Analysis Of Original Purpose, Single Subject, And Clear Title Challenges, Martha Dragich
State Constitutional Restrictions On Legislative Procedure: Rethinking Analysis Of Original Purpose, Single Subject, And Clear Title Challenges, Martha Dragich
Faculty Publications
Recognizing that state courts are beginning to review procedural challenges more rigorously, this Article attempts to provide guidance for the resolution of such cases. Part I examines the history, purposes, and standards of original purpose, single subject, and clear title restrictions, using Missouri's provisions as examples. Part I also identifies paradigmatic cases of each of the procedural violations with the hope of more sharply differentiating the three claims. Parts II through V present a case study of ten Missouri cases decided since 1994, supplemented with notable cases from other states. Part II begins with a brief description of the Missouri …
The Nlra: A Call To Collective Bargaining, Theodore J. St. Antoine
The Nlra: A Call To Collective Bargaining, Theodore J. St. Antoine
Other Publications
A century ago the legal specialty of most members of this audience would have been known as Master and Servant Law. By the time my generation entered law school, the Decennial Dgest had just added a new topic - Labor Relations Law. That of course dealt with collective bargaining and union-management relations generally. Now, a half century further along, we might seem to have come full circle, to judge by the lectures of the two eminent jurists who inaugurated this series. Both Abner Mikva and Richard Posner spoke on highly important and timely subjects, and yet those would be classified, …
Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson
Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson
Cardozo Law Review
No abstract provided.
Cooley Innocence Project Kick-Off, Barry Scheck
Cooley Innocence Project Kick-Off, Barry Scheck
Articles
The Innocence Project, through the use of DNA testing, has successfully exonerated numerous wrongfully convicted individuals, exposing systemic flaws in the criminal justice system. This has highlighted the need for legal reforms to address issues such as eyewitness misidentification, false confessions, and fraudulent forensic science, ultimately aiming to prevent future wrongful convictions.
Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko
Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko
Scholarly Works
The Employee Retirement Income Security Act of 1974 was enacted in the wake of highly publicized pension disasters in order to protect employee pension rights. Born as a piece of pro-worker legislation, it initially was criticized by business groups as a cause of bureaucratic arteriosclerosis that was worse than the disease of pension failures. Even worse, it prompted many employers to consider dispensing with pension plans altogether rather than struggle with the administrative and financial obligations of ERISA. Business, labor, and the public all complained about the law's complexity. It even became something of a national joke as regulators took …