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1999

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Institution
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Articles 31 - 60 of 65

Full-Text Articles in Other Law

Legal Mechanisms Of Public-Private Partnerships: Promoting Economic Development Or Benefiting Corporate Welfare?, Nick Beermann Jan 1999

Legal Mechanisms Of Public-Private Partnerships: Promoting Economic Development Or Benefiting Corporate Welfare?, Nick Beermann

Seattle University Law Review

This Comment argues that while the public may ultimately benefit economically from public-private partnership development, the legal mechanisms used in public-private partnerships to skirt the constitution violate the public trust by (1) precluding the public from obtaining information regarding these projects; (2) denying the taxpaying public their right to participate in public choices and spending decisions that affect them; and (3) severely impinging on the public's state constitutional right to the referendum process. Furthermore, by allowing these mechanisms to exist, the Washington Supreme Court only furthers the violation of the public's trust, while simultaneously weakening the role of the judiciary …

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Welcome, John D. Feerick Jan 1999

Welcome, John D. Feerick

Fordham Urban Law Journal

Welcome speech given by Dean Feerick.

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Remarks Jan 1999

Remarks

Fordham Urban Law Journal

Remarks by Rudolph W. Guliani in memory of Bill Tendy.

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The Spirit And The Law , Thomas W. Porter, Jr. Jan 1999

The Spirit And The Law , Thomas W. Porter, Jr.

Fordham Urban Law Journal

This Essay asserts that the practice of law is experiencing a spiritual crisis at both the personal and professional level. The Essay seeks to determine the role that the crisis in our paradigms has played in the crisis our personal and institutional lives. Although the crisis in our paradigms are not necessarily responsible for all our problems, our institutions and systems can cause us to be estranged from ourselves and that is what is happening today in the practice of law. We, as a profession, are beginning to see the limitations of our old paradigm, with retributive justice as its …

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A Plumber's Guide To Lawyering, Stephen P. Wink Jan 1999

A Plumber's Guide To Lawyering, Stephen P. Wink

Fordham Urban Law Journal

We accept as the natural way that some must lose if others are to win; that some must go hungry, while others eat fully. But, Jesus taught that there is a third way that can arrest the cycle of violence and domination. A way that strikes a chord at the core of beings so that we may fully hear and see the other person we are dealing with. This is what is sometimes called nonviolent resistance. It springs from a conversation with another -- beyond just talking -- but a dialogue of being with another on a one to one …

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A Lawyer's Mischellany: Scriptural Resources For Christian Lawyers, Joseph Allegretti Jan 1999

A Lawyer's Mischellany: Scriptural Resources For Christian Lawyers, Joseph Allegretti

Fordham Urban Law Journal

This Essay provides resources for spiritual sustenance and to help bridge the gap between what one does as a lawyer and one professes as a Christian. The author provides a dozen passages from Scripture --some from the Hebrew Scriptures, some from the New Testament -- that the author found relevant to the life and work of Christian lawyers. After each quotation, the author includes a few comments to spark further reflection.

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Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello Jan 1999

Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello

Fordham Urban Law Journal

This Article explores the long and intricate history of federalism, the arrangement between the federal and local governments to serve the people, in the United States. It begins with the beginnings of federalism in pre-colonial times and continues to discuss how recent Supreme Court decisions have failed to articulate a cohesive test for federalism issues. Ultimately, the Article proposes a method for resolving federalism disputes. This method focuses on the sociopolitical and economic benefits of federalism as the Framers intended. Further, it argues that courts should inquire as to the utility of either the federal or local government regulating a …

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Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove Jan 1999

Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove

Fordham Urban Law Journal

This Article seeks to explain the negative perception the legal profession and lawyers have in the eyes of the American public. Disregarding common answers such as the disproportionate amount of influence lawyers have or high salaries and extravagant lifestyles, this Article argues that a cultural shift has led many Americans to see the law as an arbitrary device. Consequently, this belief is reinforced by lawyers and and perpetuated by law schools, leading to the negative perception of the legal profession. In the process, the Article addresses five main issues: the definition and purpose of the law, the republican theory of …

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Roundtable Discussion: The Future Of New York: 1898, 1998, Robert Himmelberg Jan 1999

Roundtable Discussion: The Future Of New York: 1898, 1998, Robert Himmelberg

Fordham Urban Law Journal

In this transcript of a symposium held at Fordham University School of Law on November 16, 1998 on the Future of New York, the six participants addressed the broad subject of what the future can bring as New York celebrated its centennial year. Professor Hammack spoke first. He focused on the future of “Greater New York” by discussing the creation of it, the hopes at the time and the changes that occurred since. Next, Professor Siegel addressed the challenge of the telecommunications revolution as New York faced an economic downturn, and possibly an impending national recession. He recounted some of …

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Child Support Policy: Guidelines And Goals, Marsha Garrison Jan 1999

Child Support Policy: Guidelines And Goals, Marsha Garrison

Faculty Scholarship

No abstract provided.

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Austin Owen Lecture: Litigating The Holocaust, Michael J. Bazyler Jan 1999

Austin Owen Lecture: Litigating The Holocaust, Michael J. Bazyler

University of Richmond Law Review

The Austin Owen Lecture was established in honor of the Honorable Austin E. Owen through the generosity of his daughter, Dr. Judith O. Hopkins, W'74, and son-in-law, Dr. Marbry B. Hopkins, R'74. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from the University of Richmond School of Law in 1950. During his distinguished career, Judge Owen served as an Assistant U.S. Attorney for the Eastern District of Virginia; a partner in Owen, Gray, Rhodes, Betz, Smith and Dickerson; and was appointed Judge of the Second Judicial Circuit of Virginia where he served until …

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History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark Jan 1999

History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark

Fordham Urban Law Journal

Through a study of historical development, this note compares the current antiterrorism legislation in the United States and the United Kingdom. In Part I, the author first sets out the history of British attempts to counter terrorism looking specifically at Northern Ireland. He then discusses parallel American law noting the numerous civil rights violations that came with the laws of each country. In Part II, the author investigates provisions of the United State’s Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), and Britain’s Northern Ireland (Emergency Provisions) Act of 1998 (“EPA”) and Criminal Justice (Terrorism and Conspiracy) Act of …

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Can The Legal System Use Experts On Meaning?, Lawrence Solan Jan 1999

Can The Legal System Use Experts On Meaning?, Lawrence Solan

Faculty Scholarship

No abstract provided.

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Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon Jan 1999

Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon

Scholarly Works

No abstract provided.

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Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar Jan 1999

Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar

Scholarly Works

No abstract provided.

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An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine Jan 1999

An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine

Scholarly Works

Levine examines the roles of legislative and judicial bodies, in the context of a discussion of broader principles of legislation in the Jewish legal system. In recent years, American legal scholars have increasingly looked to Jewish law as a model of an alternative legal system that considers many of the issues present in the American legal system. In relation to the roles of legislative and judicial bodies, the Jewish legal system provides a particularly illuminating contrast to the American legal system, in part because in Jewish law, the same authority, the Sanhedrin, or High Court, serves in both a legislative …

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Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer Jan 1999

Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer

Scholarly Works

No abstract provided.

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Honoring The Spirit In The Law: A Lawyer's Confession Of Faith, Melissa M. Weldon Jan 1999

Honoring The Spirit In The Law: A Lawyer's Confession Of Faith, Melissa M. Weldon

Fordham Urban Law Journal

This Essay is a lawyer's public proclamation of her beliefs, using the words of her faith. She explains how her faith permeates through her daily life, and is even relevant to her profession as a lawyer.

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The Profession Of Religion And Law, Ted Dotts Jan 1999

The Profession Of Religion And Law, Ted Dotts

Fordham Urban Law Journal

This essay provides definitions for the terms "religion," "law" and "profession." The professional bears the power to bid forth -- to announce, command, tell, declare and make aware. Religion is the power to relate. Law is the power to regulate. The author concludes that religion and law are givens of human living. The question is not whether to have one or the other. The question is how we live with these realities.

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History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark Jan 1999

History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark

Fordham Urban Law Journal

Through a study of historical development, this note compares the current antiterrorism legislation in the United States and the United Kingdom. In Part I, the author first sets out the history of British attempts to counter terrorism looking specifically at Northern Ireland. He then discusses parallel American law noting the numerous civil rights violations that came with the laws of each country. In Part II, the author investigates provisions of the United States’ Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), and Britain’s Northern Ireland (Emergency Provisions) Act of 1998 (“EPA”) and Criminal Justice (Terrorism and Conspiracy) Act of …

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Crossroads: Strategic Partnerships And Collaborative Programming, Timothy L. Coggins Jan 1999

Crossroads: Strategic Partnerships And Collaborative Programming, Timothy L. Coggins

Law Faculty Publications

A number of the educational offerings at the 1999 Annual Meeting will support the Association's interest in partnering through active participation in programs by groups associated with AALL. The Annual Meeting program planners, at the direction of President Heller, identified specific groups and associations that should be represented at the 1999 Annual Meeting. President Heller directed the planners to propose programs for the Annual Meeting featuring representatives from both AALL and our legal information partners that would appeal to members from both groups and would focus on the issues that affect all of us. The conference theme, "At the Crossroads: …

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International Secured Transactions And Revised Ucc Articles 9, Neil B. Cohen, Edwin E. Smith Jan 1999

International Secured Transactions And Revised Ucc Articles 9, Neil B. Cohen, Edwin E. Smith

Faculty Scholarship

No abstract provided.

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Cloning And The Preservation Of Family Integrity, David Orentlicher Jan 1999

Cloning And The Preservation Of Family Integrity, David Orentlicher

Scholarly Works

No abstract provided.

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Pro Bono Service At The William S. Boyd School Of Law, Mary E. Berkheiser, Christine Smith Jan 1999

Pro Bono Service At The William S. Boyd School Of Law, Mary E. Berkheiser, Christine Smith

Scholarly Works

The mission of the William S. Boyd School of Law is to serve Nevada, and the legal and academic communities by developing and maintaining an innovative educational program that will train ethical and effective lawyers and leaders for Nevada and for the legal profession. To put the school’s mission in motion, we have begun by stressing community service, professionalism and the roles, responsibilities, skills and values of lawyers, and by involving students and faculty in community service projects in ways that will benefit our state.

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Judicial Review Of Initiatives And Referendums In Which Majorities Vote On Minorities’ Citizenship, Sylvia R. Lazos Jan 1999

Judicial Review Of Initiatives And Referendums In Which Majorities Vote On Minorities’ Citizenship, Sylvia R. Lazos

Scholarly Works

In this Article, Professor Lazos examines initiatives and referendums in which a majority is in a position to vote on the content of a minority's democratic civic standing. Case law fails to set forth a single test for judicial review; consequently, doctrinal and theoretical coherence in this area is nonexistent. Professor Lazos proposes a test that takes into account social dynamics and focuses on the impact of these measures. First, she examines outcomes over the last three decades of approximately eighty such initiatives and referendums, from the anti-integration movement of the sixties to today's ideological and cultural versions, such as …

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Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos Jan 1999

Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos

Scholarly Works

The Supreme Court plays a critical role in resolving clashes between majority and minority interests and perspectives. The Equal Protection Clause, and at times the Due Process Clause, have become key vehicles for considering the most problematic intergroup conflicts that divide our society. Prior to this article, the Court heard cases dealing with affirmative action in government procurement programs, legislative districts designed to increase minority representation, state sponsored male-only military schooling, and a state constitutional amendment that would have proscribed antidiscrimination legislation protecting gay men and lesbians. While the Court declined to challenge California's anti-affirmative action referendum (Proposition 209) and …

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Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley Jan 1999

Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley

Scholarly Works

Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.

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Recent Case Developments, Jeffrey W. Stempel Jan 1999

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance law in the year 1998-1999.

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Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver Jan 1999

Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver

Scholarly Works

No abstract provided.

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Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes Jan 1999

Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes

Cleveland State Law Review

The focus of this writing is the use of DNA for identification purposes and the issues that arise when genetic traits and/or predisposition to physical or mental conditions are linked to the individual specifically, along with the implications of a national DNA database as a system of identification. It has become the general rule that it is not an unreasonable invasion of privacy to take DNA for the purpose of identifying criminal offenders through a DNA database. This writing will examine the potential for nonconsensual inclusion of nearly everyone into such a system, as well as the ramifications in the …

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