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Articles 31 - 60 of 397
Full-Text Articles in Law
Court Of Appeals, People V. Robinson, Jonathan Janofsky
Court Of Appeals, People V. Robinson, Jonathan Janofsky
Touro Law Review
No abstract provided.
Court Of Appeals, People V. Rosen, Evan M. Zuckerman
Court Of Appeals, People V. Rosen, Evan M. Zuckerman
Touro Law Review
No abstract provided.
Supreme Court, Monroe County, People V. Dejac, Danielle Marks
Supreme Court, Monroe County, People V. Dejac, Danielle Marks
Touro Law Review
No abstract provided.
People V. Buie, Deborah A. Monastero
Matter Of Baim V. Eidens, Evan M. Zuckerman
People V. Boone, Diane Somberg
Panhandling And The First Amendment: How Spider-Man Is Reducing The Quality Of Life In New York City, Steven J. Ballew
Panhandling And The First Amendment: How Spider-Man Is Reducing The Quality Of Life In New York City, Steven J. Ballew
Brooklyn Law Review
Recently, New York and other cities have taken steps to regulate panhandling activity in their communities. These regulations are informed by Broken Windows policing, which emphasizes addressing quality-of-life issues as a strategy for reducing crime. Yet government-imposed limitations on panhandling raise concerns about whether such measures violate panhandlers’ First Amendment rights. This note explores whether it is possible to separate the act of panhandling—defined as approaching a stranger in public and requesting immediate and gratuitous cash payment for oneself—from expression that is protected by the First Amendment. It concludes that, based on a concurrence from Justice Kennedy in International Society …
Shock Incarceration And Parole: A Process Without Process, Adam Yefet
Shock Incarceration And Parole: A Process Without Process, Adam Yefet
Brooklyn Law Review
The idea that an inmate could possess a liberty interest in parole is a relatively recent development in Fourteenth Amendment law. It was not until 1979, in Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, that the Supreme Court examined Nebraska’s parole scheme and found that inmates could have a liberty interest in parole. The primary implication of Greenholtz was that parole statutes that contained certain mandatory language could confer upon inmates a liberty interest in parole. Applying the Greenholtz analysis, numerous parole schemes across the country were held to create a liberty interest and to require …
A Tribute To Judge Kaye, Nicholas W. Allard
A Tribute To Judge Kaye, Nicholas W. Allard
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
For Judith S. Kaye, Susan N. Herman
For Judith S. Kaye, Susan N. Herman
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy
Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy
Brooklyn Journal of Corporate, Financial & Commercial Law
Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily Fantasy Sports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines the …
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
A Defendant's Fifth Amendment Right And Double Jeopardy In Contempt Cases, Saba Khan
A Defendant's Fifth Amendment Right And Double Jeopardy In Contempt Cases, Saba Khan
Touro Law Review
No abstract provided.
A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore
A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Reflections On Opportunity In Life And Law, Judith S. Kaye
Reflections On Opportunity In Life And Law, Judith S. Kaye
Brooklyn Law Review
This essay was written by Judge Kaye in the fall of 2015 for the Brooklyn Law Review. She reflects on her life, her time on the bench, and the significance of New York’s Constitutional Convention. Through the lens of dual constitutionalism and her own life story, Judge Kaye opines on the opportunities in life and law that are not to be missed.
Discretion Or Discrimination: Whether The Equal Protection Clause Of The Fifth Amendment Requires Fathers And Mothers To Be Treated Equally In Satisfying The Physical Presence And Legitimization Clause Of Title 8 U.S.C. § 1409, Jossity Vasquez
Touro Law Review
No abstract provided.
The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego
The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego
Touro Law Review
No abstract provided.
"I Plead The Fifth": New York's Integrated Domestic Violence Courts And The Defendant's Fifth Amendment Dilemma, Rhona Mae Amorado
"I Plead The Fifth": New York's Integrated Domestic Violence Courts And The Defendant's Fifth Amendment Dilemma, Rhona Mae Amorado
Touro Law Review
No abstract provided.
Administration Of The Criminal Justice System: When Efficiency Trumps A Fundamental Right, Sean Mcleod
Administration Of The Criminal Justice System: When Efficiency Trumps A Fundamental Right, Sean Mcleod
Touro Law Review
No abstract provided.
Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern
Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern
Pace Law Review
This article addresses the issue of the preclusion of jury trials in actions which contemplate both legal and equitable relief. Part II of this article addresses the constitutional and statutory history of New York Civil Practice Law and Rules (“CPLR”) Section 4101 concerning issues triable by a jury and the dichotomy between those actions triable by a jury and equitable actions triable by the court alone. Part III of this article addresses the interplay between CPLR Sections 4101 and 4102, concerning demand and waiver of trial by jury, and the analysis developed by the courts to determine whether a jury …
Article Ix: The Promise And Limits Of Home Rule, Richard Briffault
Article Ix: The Promise And Limits Of Home Rule, Richard Briffault
Faculty Scholarship
Article IX of New York State’s constitution establishes the basic constitutional framework for addressing questions of local power, local government organization, and state-local and interlocal relations in the Empire State. Premised on a commitment to “[e]ffective local self-government,” the “home rule amendment” added to the state constitution in 1963 and unamended since then, has bolstered local control over local government organization and personnel and has provided a firmer foundation for local law-making in New York. But it has not succeeded in enabling New York’s local units – its counties, cities, towns and villages – to function as efficient, effective, locally …
County Court, Nassau County, People V. Lacey, Nicholas Melillo
County Court, Nassau County, People V. Lacey, Nicholas Melillo
Touro Law Review
No abstract provided.
District Court, Suffolk County New York, People V. Nytac Corp., Maureen Fitzgerald
District Court, Suffolk County New York, People V. Nytac Corp., Maureen Fitzgerald
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Nunez, Yale Pollack
Supreme Court, Kings County, People V. Nunez, Yale Pollack
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman
Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department, People V. Bonilla, Ellyn Wilder
Appellate Division, Fourth Department, People V. Bonilla, Ellyn Wilder
Touro Law Review
No abstract provided.
Court Of Appealsof New York, People V. Linares, Ellyn Wilder
Court Of Appealsof New York, People V. Linares, Ellyn Wilder
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Carranza, Yale Pollack
Court Of Appeals Of New York, People V. Carranza, Yale Pollack
Touro Law Review
No abstract provided.
Supreme Court, New York County, People V. Garcia, Yale Pollack
Supreme Court, New York County, People V. Garcia, Yale Pollack
Touro Law Review
No abstract provided.