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Stewart Park & Reserve Coalition V. Slater, 352 F. 3d 545 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

Plaintiffs-appellants commenced the action giving rise to this appeal seeking a declaration that defendants-appellees had violated various federal and state environmental and transportation laws in approving a proposed project to construct an interchange connecting an interstate highway to an airport. On cross motions for summary judgment, the United States District Court for the Northern District of New York (Treece, M.J.)^[1] dismissed the action upon a finding that defendants-appellees had complied with all relevant federal and state laws. See Stewart Park & Reserve Coalition, Inc. v. Slater, 225 F.Supp.2d 219 (N.D.N.Y.2002) ("SPARC I").

The principal question we …

Us V. Pimentel, 346 F. 3d 285 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

These appeals arise from the January 9, 1995 gang-related murder of Galiat Santiago. Instead of being tried in New York State Supreme Court for violating the New York Penal Law, defendants-appellants Joanna Pimentel and George Viruet (collectively, the "Defendants") were tried by a jury and convicted in the United States District Court for the Eastern District of New York (Johnson, J.). The Defendants were charged with violations of various federal laws, including the Violent Crimes in Aid of Racketeering ("VCAR") statute, 18 U.S.C. § 1959. VCAR provides for the federal prosecution of violent crime "when those allegedly responsible participated …

The International Review | 2003 Fall, Michael Rhee

The International Review Newsletter

Does the World Need a Global Registry to Protect Geographical Food Names?

Globalization Meets the First Amendment: Do Multinational Corporations have a Right to Free Speech?

Alumnus Profile: Seth Cohen, Captain, United States Army, Judge Advocate General’s (JAG) Corps, Camp Zama (Japan)

The Alien Tort Claims Act: A One-Sentence Sling-Shot against Corporate Goliaths?

WTO in Cancun: No Party in Vacation Capital

A United Europe under a Single Constitution?

SARS: Another Blow to the World Economy?

Breaking the Bank? Rebuilding Iraq’s Financial System

Table Of Contents, New York Law School

Media Law and Policy

No abstract provided.

Introduction, New York Law School

Media Law and Policy

No abstract provided.

The Potential For Practice Of An Intangible Idea, Tarlach Mcgonagle

Media Law and Policy

No abstract provided.

Glossary, New York Law School

Media Law and Policy

No abstract provided.

Appendix: Selected European Documents, New York Law School

Media Law and Policy

No abstract provided.

European Provisions For The Establishment Of Co-Regulation Frameworks, Carmen Palzer

Media Law and Policy

No abstract provided.

Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard

Articles & Chapters

Law evolves more slowly than pop culture or public attitude. Because most exonerations have not resulted in written legal opinions, their impact is slowly seeping into case law. However, courts are influenced by the same news that sways the rest of us. Even without explicitly referring to innocence or wrongful convictions, modern trial courts are undoubtedly more likely to admit expert testimony on the question of eyewitness identification because they are painfully aware of just how easily such witnesses - no matter how honest or passionate - can be wrong. They are certainly more inclined to view confessions suspiciously, especially …

Letter To David R. Hayes, Roger J. Miner '56

Memos and Letters to Law Clerks

No abstract provided.

Levitt V. Bear Stearns & Co., Inc., 340 F. 3d 94 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

This is an appeal from a final judgment entered in the United States District Court for the Eastern District of New York (Spatt, J.), dismissing for failure to state a claim the complaint in a federal securities fraud class action filed against defendant-appellee Bear Stearns Securities Corp. and its corporate parent, defendant-appellee Bear Stearns & Co., Inc. (collectively, "Bear Stearns"). See In re Sterling Foster & Co., Inc. Sec. Litig., 222 F.Supp.2d 312 (E.D.N.Y.2002) ("Levitt"). The putative plaintiff class consists of members of the public who purchased securities of ML Direct, Inc. ("ML Direct") from the Long …

Torres V. Berbary, 340 F. 3d 63 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

Petitioner Daniel Torres appeals from a judgment denying a writ of habeas corpus entered in the United States District Court for the Southern District of New York (Martin, J.). Torres filed his petition for the writ pursuant to 28 U.S.C. § 2254 as a person in state custody. By the petition, Torres challenged his resentencing by a state court following an alleged breach of the condition of his original sentence. The District Court determined that the resentencing was justified by a satisfactory evidentiary showing of the breach in state court and concluded that the decision of the trial court …

Letter To Clerk Of Court Re: Benjamin Hunter, Roger J. Miner '56

Memos and Letters to Law Clerks

No abstract provided.

Made-To-Measure Justice, Ruti G. Teitel

Other Publications

“Made to Measure Justice,” The Globe and Mail, pg. A13, (2003)

Cite to original publication.

Local Union No. 38 V. Custom Air Systems, Inc., 333 F. 3d 345 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-appellee Local Union No. 38, Sheet Metal Workers' Association, AFL-CIO ("Local 38") moves to dismiss an appeal filed by defendant-appellant Custom Air Systems, Inc. ("Custom Air") from a summary judgment entered in the United States District Court for the Southern District of New York (Brieant, J.). The judgment confirmed an arbitration award against Custom Air and against defendant Quality Air Systems, Inc, in favor of Local 38, and was entered on November 27, 2002. On the same date, Custom Air filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States …

Bronx Household Of Faith V. Bd. Of Educ., New York, 331 F. 3d 342 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

Judge Miner's dissent begins on page 357.

This appeal concerns the proposed use of a public school building for Sunday worship services by an evangelical Christian church. Courts often struggle to reconcile the principle of equal access to government buildings with a competing principle of American public life, that is, the separation of church and state. In the case before us, the district court resolved this tension in favor of allowing religious speech on public property. Recent Supreme Court precedent requires that we affirm.

Accumulation Of Tissue Factor Into Developing Thrombi In Vivo Is Dependent Upon Microparticle P-Selectin Glycoprotein Ligand 1 And Platelet P-Selectin, Shahrokh Falati, Qingde Liu, Peter Gross, Glenn Merrill-Skoloff, Janet Chou, Erik Vandendries, Alessandro Celi, Kevin Croce, Barbara C. Furie, Bruce Furie

Articles & Chapters

Using a laser-induced endothelial injury model, we examined thrombus formation in the microcirculation of wild-type and genetically altered mice by real-time in vivo microscopy to analyze this complex physiologic process in a system that includes the vessel wall, the presence of flowing blood, and the absence of anticoagulants. We observe P-selectin expression, tissue factor accumulation, and fibrin generation after platelet localization in the developing thrombus in arterioles of wild-type mice. However, mice lacking P-selectin glycoprotein ligand 1 (PSGL-1) or P-selectin, or wild-type mice infused with blocking P-selectin antibodies, developed platelet thrombi containing minimal tissue factor and fibrin. To explore the …

Academic Year: 2002-2003, Mendik Library

Mendik Library: By the Numbers

No abstract provided.

The Particularly Dubious Case Of Hans V. Louisiana: An Essay On Law, Race, History, And "Federal Courts", Edward A. Purcell Jr.

Articles & Chapters

In a number of striking decisions the Rehnquist Court has limited the powers of Congress and substantially insulated the states from federal authority. In doing so it has repeatedly and explicitly based its jurisprudence on Hans v. Louisiana, an 1890 decision in which the Court held that the Eleventh Amendment barred citizens from suing their own states in the federal courts for money due on the state’s bonds. Hans asserted that the Eleventh Amendment, despite its narrow language, was intended to recognize a broad principle of state sovereign immunity which prohibited all suits against states absent their consent.

Green Door Realty Corp. V. Tig Ins. Co., 329 F. 3d 282 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

Plaintiffs-appellants appeal from a summary judgment entered in the United States District Court for the Southern District of New York (Casey, J.), dismissing their declaratory judgment action against defendant-appellee TIG Insurance Company ("TIG") to establish excess insurance coverage, the District Court having found as a matter of law that the notice of claim provided to TIG was not timely. According to the undisputed facts presented to the District Court: (1) Plaintiffs provided TIG with notice of the claim giving rise to excess coverage approximately one month after the underlying tort action was filed but approximately three years after the …

De Novo, Vol 2, No. 3, May 2003, New York Law School

Student Newspapers

No abstract provided.

Peck V. Public Service Mut. Ins. Co., 326 F. 3d 330 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-appellant Ellen M. Peck appeals from a summary judgment entered in the United States District Court for the District of Connecticut (Goettel, J.) dismissing her action to recover damages from defendant-appellee Public Service Mutual Insurance Company ("Public Service") under Connecticut's direct action statute, Conn. Gen.Stat. § 38a-321 (2000). This action arises out of an underlying tort action brought by Peck in Connecticut Superior Court against, inter alia, South Norwalk Redevelopment Limited Partnership ("South Norwalk"). South Norwalk never notified its insurer, Public Service, of Peck's tort action. A default judgment was subsequently entered against South Norwalk as a result of …

Ambase Corp. V. City Investing Co. Liquidating, 326 F. 3d 63 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

This is an appeal from a final judgment entered in the United States District Court for the Southern District of New York (Stanton, J.), dismissing on the pleadings a diversity action brought by plaintiff-appellant AmBase Corporation ("AmBase") against defendants-appellees for indemnification of legal expenses incurred in a tax dispute with the Internal Revenue Service ("IRS"). This dispute concerned certain tax liabilities that allegedly were assumed by the predecessor corporation of defendant-appellee City Investing Company Liquidating Trust (the "Trust"). The District Court dismissed the complaint upon a finding that the express contractual indemnification claim pleaded therein failed to state a …

De Novo, Vol 2, No. 2, March-April 2003, New York Law School

Student Newspapers

No abstract provided.

Table Of Contents, New York Law School

Media Law and Policy

No abstract provided.

The Demise Of The Information Superhighway, Michael Botein

Media Law and Policy

No abstract provided.

Wrestling With Jefferson: The Struggles Of A Biographer, Richard B. Bernstein

Articles & Chapters

No abstract provided.

A Sanist Will?, Pamela R. Champine

Articles & Chapters

No abstract provided.

What Kind Of Nation Thomas Jefferson, John Marshall, And The Epic Struggle To Create A United States (2003), James F. Simon

Books

The bitter and protracted struggle between President Thomas Jefferson and Supreme Court Chief Justice John Marshall defined the basic constitutional relationship between the executive and judicial branches of government. More than one hundred fifty years later, their clashes still reverberate in constitutional debates and political battles.

In this dramatic and fully accessible account of these titans of the early republic and their fiercely held ideas, James F. Simon brings to life the early history of the nation and sheds new light on the highly charged battle to balance the powers of the federal government and the rights of the states. …