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Church Schisms, Church Property, And Civil Authority, Calvin Massey

St. John's Law Review

(Excerpt)

Part I describes the varied nature of church organizations and the development of the constitutional doctrine that limits civil court involvement in the resolution of church property disputes. Part II explores the religious freedom interests of individuals and local congregations under conditions of religious division, using a Virginia statute that deals with this issue as the lens by which to examine the question. Part III assesses the circumstances under which reliance on internal church governance rules as the criterion for deciding church property may constitute a violation of either of the religion clauses. Part IV states the constitutional principles …

Judicial Independence: Is It Impaired Or Bolstered By Judicial Accountability?, Carmen Beauchamp Ciparick, Bradley T. King

St. John's Law Review

(Excerpt)

Tonight, we will continue the tradition of this stellar program that celebrates our former Dean Bellacosa's many contributions to the law school, the judiciary, and the legal profession. As a result of some brainstorming with Judge Bellacosa and others, I have chosen to continue the discussion of judicial independence and its corollary judicial accountability, and I particularly want to focus on how it is enhanced by an effective system of judicial discipline which we in New York are so very fortunate to enjoy.

Dean Emeritus Patrick J. Rohan, Michael A. Simons, Mario E. Cuomo, Edward D. Cavanagh, Vincent C. Alexander

St. John's Law Review

(Excerpt)

Patrick J. Rohan’s connection to St. John’s reaches back more than half a century. He graduated from St. John’s University in 1954 and from the School of Law in 1956. Two years later, he joined the Law School faculty, where he served for fifty-two years until his retirement in June 2009. He died just a few months later, on November 26, 2009. The School of Law community mourns the passing of this man of St. John’s—Dean Emeritus, Professor of Law, alumnus, supporter, and friend.

The After-Shocks Of Twombly: Will We "Notice" Pleading Changes?, Ettie Ward

St. John's Law Review

(Excerpt)

Part I will briefly discuss the pre-Twombly view of notice pleadings. To some extent, our understanding of what the rules required and what lawyers actually did was a romanticized view of pleading. Actual pleadings were rarely as "barebones" as we imagine. Further, in recent decades, rules, statutes, court decisions, and practical considerations have further eroded the notice pleading construct.

Part II will give a brief synopsis of the Twombly decision and then discuss the majority and dissent's views on pleadings generally.

Part III will examine selected cases post-Twombly and make some general observations and predictions as to …

Twombly, The Federal Rules Of Civil Procedure And The Courts, Edward D. Cavanagh

St. John's Law Review

(Excerpt)

This Article analyzes the rationale for the Twombly holding and concludes that: (1) the Court's assertion that judges cannot effectively control litigation costs because the parties-not the courts-control claims and defenses as well as the nature and amount of discovery in any given case is contrary to fact; and (2) certain classes of cases may well warrant particularized pleading but that decision should be made by the rulemakers through amendments to the Federal Rules of Civil Procedure and not by judges on an ad hoc basis.

Mandatory Court-Annexed Alternative Dispute Resolution In The United States Federal Courts: Panacea Or Pandemic?, Ettie Ward

St. John's Law Review

(Excerpt)

This paper addresses the current state of mandatory court-annexed ADR in the United States federal courts. Part I provides a summary overview of how ADR has developed in the federal courts. Part II briefly describes the positions of the proponents of increased ADR in the courts and of those critical of ADR court initiatives. Part III outlines issues that remain to be addressed and suggests possible avenues for empirical research. The conclusion proposes that we maintain continuing oversight and scrutiny of the process and ADR processes designed to operate after the parties enter the courthouse. As others have warned, …

Introduction To Symposium On People Of Color, Women, And The Public Corporation: The Sophistication Of Discrimination, Cheryl L. Wade

St. John's Law Review

(Excerpt)

The excellent articles that are part of this Symposium offer insights that may improve the lives of women and people of color, not only in the business setting, but in all aspects. The Symposium authors take on issues relating to corporate governance, corporate culture, corporate social responsibility, critical race theory, feminist legal theory, law and economics, and socioeconomics. It is only with a greater understanding of these themes that discriminatory corporate cultures can be transformed, and discrimination in the business setting mitigated.

Applying Learning-Styles Theory In The Workplace: How To Maximize Learning-Styles Strengths To Improve Work Performance In Law Practice, Robin A. Boyle

St. John's Law Review

(Excerpt)

Part I of this Article explains how the individual benefits from effective use of a complex web of business relationships. In Part II, the Dunn and Dunn Learning Style Model is summarized. Part III applies the Dunn and Dunn Model to a law practice from the perspectives of both the associate and the manager.

Concluding Remarks, Rosemary C. Salomone

St. John's Law Review

(Excerpt)

The topic of our afternoon panel, "Achieving Diversity in the Classroom," grows out of the Supreme Court's most recent landmark decisions on affirmative action. In Gratz v. Bollinger and Grutter v. Bollinger, a severely divided Court affirmed the narrow use of race in university admissions. The Court, however, made clear that institutions could not base their decisions solely on race but must seriously consider "all the ways an applicant might contribute to a diverse educational environment."

Tax Malpractice: Areas In Which It Occurs And The Measure Of Damages--An Update, Jacob L. Todres

St. John's Law Review

(Excerpt)

Primarily, this Article will analyze the tax malpractice cases that have been reported since Malpractice I was published from the vantage of substantive tax law to attempt to ascertain whether certain areas of tax law or certain aspects of tax practice seem to generate more malpractice claims than others. As a secondary inquiry, the Article will discuss the proper measure of damages recoverable on account of such malpractice.

Attempting To Discuss Race In Business And Corporate Law Courses And Seminars, Cheryl L. Wade

St. John's Law Review

(Excerpt)

The challenges of teaching corporate social responsibility and good corporate citizenship have shifted as political and social climates have changed in New York, the United States, and around the world. I discuss some of those challenges in this Article. My primary focus, however, is the challenge of talking about race in business and corporate law courses and seminars.

Corporate Governance Failures And The Managerial Duty Of Care, Cheryl L. Wade

St. John's Law Review

(Excerpt)

One of the questions explored in this Article is the potential role of corporate officers in revealing unlawful behavior within the firm. My focus is on officers who are not board members, and who are not themselves involved in conflicts or wrongdoing that may potentially harm the company-corporate officers such as Sherron Watkins. I examine the often-stated proposition that corporate officers owe a fiduciary duty of care.

In addition to suggesting a theoretical approach that distinguishes the managerial standard of care from the duty owed by directors, I offer a practical proposal that creates a relationship between board members …

Vicarious Snitching: Crime, Cooperation, And "Good Corporate Citizenship", Michael A. Simons

St. John's Law Review

(Excerpt)

This Article will examine corporate cooperation and the difficulties it can create for corporate decision-makers. Part I describes the principles of vicarious guilt that give prosecutors the power to demand corporate cooperation. Part II examines how prosecutors exercise their discretion in deciding whether to charge corporations with crimes. In Part III, the Article examines the cooperators. Just as a corporation's guilt is only vicarious, so too its cooperation can be only vicarious. In the end, it is not the corporation that cooperates, but its officers and directors-the men and women who make decisions for the corporation. For these vicarious …

Legal Dimensions Of Educational Vouchers, Rosemary C. Salomone

St. John's Law Review

(Excerpt)

This panel brings together four experts in the field of law and education, each presenting interesting and individual views on the legal and policy dimensions of the educational voucher question. All of them have thoughtfully written on this topic while some have played a role in key litigation and legislative efforts. Their insights shed light on the contentious questions underlying what has become one of the most heated debates in education today.

The Bernstein Lectures: A Foreword (2001), Edward D. Cavanagh

St. John's Law Review

(Excerpt)

Each year, the Bernstein Lecture features an outstanding antitrust scholar. The Fifth Bernstein Lecturer, Eleanor Fox, fits comfortably in that mold. Professor Fox has forged a distinguished career as teacher and scholar at New York University School of Law. In recent years, she has lectured and written extensively on the globalization of antitrust and has served as a consultant on antitrust issues for transition governments in Eastern Europe. This year's lecture highlights developments in antitrust in the international sphere and the efforts to achieved cooperation among governments in international antitrust enforcement.

Reciprocal Dealing: A Rebirth?, Edward D. Cavanagh

St. John's Law Review

(Excerpt)

This article will examine the retooled reciprocity theory and the anticompetitive potential of reciprocal dealing practices under the law of (1) mergers, (2) monopolization, and (3) tying.

The Bernstein Lectures: A Foreword (2000), Edward D. Cavanagh

St. John's Law Review

(Excerpt)

In this issue, the St. John's Law Review is pleased to publish the 1998 and 1999 Lewis Bernstein Memorial Lectures by Thomas E. Kauper, Henry M. Butzel Professor at Michigan Law School, and William E. Kovacic, Professor at George Washington University Law School, respectively.

Disclosure As Consumer Protection: Unit Purchasers' Need For Additional Protections, Vincent Di Lorenzo

St. John's Law Review

(Excerpt)

Part One of this Article studies the embrace of full disclosure as the legislative approach to protect unit purchasers. The findings are that the embrace was without much forethought. In addition, this approach has prevented the imposition of substantive protections by administrative regulation. Finally, the legislature has not subsequently reconsidered its approach, and instead has become path dependent.

Part Two explores the deficiencies of a pure disclosure approach in protecting unit purchasers. The New York experience since 1985 is the focus of the study. The findings are that the statute permits the unit purchaser to be placed at risk, …

Introductory Remarks: The Language Of Judging, Lawrence Joseph

St. John's Law Review

(Excerpt)

"The Language of Judging" was the opening event, on September 30, 1994, of the Rededication of St. John's University School of Law. The Rededication coincided with the year of the one hundred twenty-fifth anniversary of St. John's University, and the dedication of a magnificent new addition to the Law School. St. John's, a Catholic university founded by the order of St. Vincent de Paul, the Vincentians, is the largest Catholic university in the United States. Since its inception it has served the New York City metropolitan area, and the Nation as well, in a unique capacity. The Vincentians are …

The Civil Justice Reform Act Of 1990 And The 1993 Amendments To The Federal Rules Of Civil Procedure: Can Systematic Ills Afflicting The Federal Courts Be Remedied By Local Rules?, Edward D. Cavanagh

St. John's Law Review

(Excerpt)

This Article examines and analyzes (1) the wisdom of addressing pervasive problems in the federal civil practice system through local rules and (2) the likely combined impact of the CJRA and the 1993 Amendments on litigation in the federal courts. As discussed below, the plans to be implemented in each district pursuant to the CJRA will engraft yet another layer of local rules on top of a system that is already saturated with rules. Plans currently in effect in some districts have already generated much confusion and uncertainty among members of both the bench and bar. The confusion and …

Antitrust In The Second Circuit, Edward D. Cavanagh

St. John's Law Review

(Excerpt)

The Second Circuit has played a significant role in the development of the substantive law of antitrust. To be sure, most of the important antitrust precedents have emanated from the United States Supreme Court. This is precisely what Congress intended when it enacted the Expediting Act, which permitted direct appeals from district courts to the Supreme Court in government initiated actions. However, the repeal of the Expediting Act, coupled with the Supreme Court's arcane case selection process and the practical limitations on the Court's ability to hear cases, has shifted much of the burden of hearing and deciding antitrust …

The Litigator's Dilemma: Waiver Of Core Work Product Used In Trial Preparation, Ettie Ward

St. John's Law Review

(Excerpt)

This Article focuses on the protection from disclosure accorded to opinion or core work product when it is used, as intended, in pretrial preparation of cases. It is this use of opinion or core work product that brings the litigator to a dilemma. There are no explicit or "bright line" guides to advise the litigator when the use of such work product to prepare witnesses or the case will result in compelled disclosure of the materials to one's adversary. Thus, the litigator must either forego use of such materials to prepare his case, even if it adversely affects that …

Multistate Taxation Of Depositories: An Analysis Of Legislation Proposed By The American Bar Association, Jacob L. Todres

St. John's Law Review

(Excerpt)

In May, 1979, the Council of the American Bar Association Taxation Section established a joint task force, consisting of members from the Committee on Banking and Savings Institutions and the Committee on State and Local Taxation, to review the subject of multistate taxation of depositories. The Council thought that this was an especially propitious time for such a review, since the 1976 legislation had just opened an entirely new area of taxation for the states. It was hoped that recommendations might result, the implementation of which might prevent the confusion inherent in the multistate taxation of industry from being …

Corporate Dissolution In New York: Liberalizing The Rights Of Minority Shareholders, John E. Davidian

St. John's Law Review

(Excerpt)

This article will focus upon the addition to the arsenal of minority shareholders' rights evidenced by sections 1104-a and 1118 of the BCL and their unique application in Topper. Section I examines the law of involuntary dissolution as applied to minority shareholders in New York close corporations prior to the adoption of sections 1104-a and 1118. Section II undertakes an analysis of the recently enacted statutes and the reasonable expectations test enunciated in Topper. Section III considers the potential shortcomings of the statutory provisions and suggests provisions which may alleviate several of the problems relating to this area.

Condominium Unit Real Estate Tax Assessment Problems, John E. Davidian

St. John's Law Review

(Excerpt)

To meet ever-increasing demands for public services, local governments have relied upon taxation of real property as a primary source of revenue.' Since most realty is subject to these exactments, the number of individuals affected is substantial. The statutory framework for realty taxation has been complicated by the emergence of the condominium form of property ownership. Usually, a condominium owner holds title to his particular apartment or unit in fee simple. In addition, he has an undivided interest in "the land and all other parts of the building held for the common use or benefit of the unit owners." …