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Introduction (The Supreme Court & Local Government Law: The 1988-89 Term), Leon D. Lazer Jan 1989

Introduction (The Supreme Court & Local Government Law: The 1988-89 Term), Leon D. Lazer

Scholarly Works

No abstract provided.


Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer Jan 1989

Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer

Scholarly Works

No abstract provided.


The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis Jan 1989

The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis

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The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …


The Admissibility Of Evidence Protected By Noerr-Pennington, Michael Lewyn Jan 1989

The Admissibility Of Evidence Protected By Noerr-Pennington, Michael Lewyn

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No abstract provided.


Evening The Odds: The Case For Attorneys' Fee Awards For Administrative Resolution Of Title Vi And Title Vii Disputes, Marjorie A. Silver Jan 1989

Evening The Odds: The Case For Attorneys' Fee Awards For Administrative Resolution Of Title Vi And Title Vii Disputes, Marjorie A. Silver

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In this Article Professor Silver addresses the shifting of attorneys' fees in administratively resolved claims under Titles VI and VII of the Civil Rights Act of 1964. Professor Silver begins by establishing Congress' commitment to provide informal methods for resolving disputes under these statutes and its intent to use fee-shifting provisions as a means of inducing effective access to counsel. She then discusses the United States Supreme Court's decision in North Carolina Department of Transportation v. Crest Street Community Council, Inc. and contrasts its reasoning with two earlier Court decisions dealing with administrative proceedings and attorneys' fees. Professor Silver argues …


The Law Schools, Howard A. Glickstein Jan 1989

The Law Schools, Howard A. Glickstein

Scholarly Works

No abstract provided.


Section 1983, Martin A. Schwartz, Leon Lazer, George Pratt, Leon Friedman Jan 1989

Section 1983, Martin A. Schwartz, Leon Lazer, George Pratt, Leon Friedman

Scholarly Works

No abstract provided.


After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky Jan 1989

After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky

Scholarly Works

No abstract provided.


On Constructively Realizing Constructive Realization: Building The Case For Death And Taxes, Dan Subotnik Jan 1989

On Constructively Realizing Constructive Realization: Building The Case For Death And Taxes, Dan Subotnik

Scholarly Works

No abstract provided.