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Articles 1 - 30 of 173
Full-Text Articles in Law
Krawiec V. Manly, Abigail Demasi
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
NYLS Law Review
No abstract provided.
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
NYLS Law Review
No abstract provided.
Grotheer V. Escape Adventures, Inc., Paisley Piasecki
Grotheer V. Escape Adventures, Inc., Paisley Piasecki
NYLS Law Review
No abstract provided.
Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga
Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga
NYLS Law Review
No abstract provided.
The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon
The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon
NYLS Law Review
No abstract provided.
Whiteness As Innocence, David Simson
Whiteness As Innocence, David Simson
Articles & Chapters
Current antidiscrimination law is exceedingly hostile to the project of race-conscious remediation—the conscious use of race to mitigate America’s persistent racial hierarchy. This Article argues that this broad hostility can be traced in significant part to what I call “Whiteness as Innocence” ideology. This ideology is a system of legal reasoning by which the formal principle of equality is filled with the substantive principle of white racial dominance via invocations of white innocence. That is, under this ideology, ideas about white innocence influence legal decisions on who is “alike” and “unalike” and what constitutes “alike” and “unalike” treatment in race-conscious …
Judicial Activism In Trial Courts, Bruce Green, Rebecca Roiphe
Judicial Activism In Trial Courts, Bruce Green, Rebecca Roiphe
Articles & Chapters
No abstract provided.
The Historical Significance Of Judge Learned Hand: What Endures And Why, Edward A. Purcell Jr.
The Historical Significance Of Judge Learned Hand: What Endures And Why, Edward A. Purcell Jr.
Articles & Chapters
The 100th anniversary of Judge Learned Hand's opinion in Masses Publishing Co. v. Patten' invites us to look back on its author's long career and to consider his contributions to American law and his significance in the nation's history. Spanning more than fifty years from the presidency of William Howard Taft to the presidency of John F. Kennedy, Hand's judicial career presents an exceptionally rich subject for such reflection.
What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr.
What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
Vital Tissues Of The Spirit: Constitutional Emotions In The Antebellum United States, Doni Gewirtzman
Vital Tissues Of The Spirit: Constitutional Emotions In The Antebellum United States, Doni Gewirtzman
Articles & Chapters
This Chapter provides a framework for examining the ambivalent and reciprocal relationship between emotions and constitutional law through three interrelated lenses: text, instrument, and symbol. In the years before the Civil War, discourse about feelings impacted institutional struggles for interpretive supremacy over the constitutional text, affected the Constitution’s ability to function as a legal mechanism for emotion management, and shaped its status as a national symbol.
Exploring The Origins Of America's Adversarial Legal Culture, Edward A. Purcell Jr.
Exploring The Origins Of America's Adversarial Legal Culture, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture (Book Review), Edward A. Purcell Jr.
Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture (Book Review), Edward A. Purcell Jr.
Other Publications
No abstract provided.
Book Review Of Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture, Edward A. Purcell Jr
Book Review Of Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture, Edward A. Purcell Jr
Other Publications
No abstract provided.
Gendered Law In American History (2016), Richard Chused, Wendy Williams
Gendered Law In American History (2016), Richard Chused, Wendy Williams
Books
Gendered Law in American History is a remarkable compendium of over thirty years of research and teaching in the field. It explores an array of social, cultural, and legal arenas from the turn of the nineteenth to the middle of the twentieth centuries, including concepts of citizenship at the founding of the republic, the development of married women’s property laws, divorce, child custody, temperance, suffrage, domestic and racial violence before and after the Civil War, protective labor legislation, and the use of legal history testimony in legal disputes. It is both an invaluable reference tool and an important new teaching …
Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning
Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning
Articles & Chapters
No abstract provided.
Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips
Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips
Articles & Chapters
From the late 17th century, the Religious Society of Friends (“Quakers”) observed a method of resolving disputes arising within congregations that was scripturally based, and culminated in final and binding arbitration. The practice of Quaker arbitration gradually disappeared during the late 19th and early 20th centuries, and few modern Quakers are even aware of it. This article traces that decline and notes similarities with mercantile arbitration. In both religious and mercantile arbitration, a defined community valued the goal of avoiding group disruption more than the goal of vindicating individual legal rights. In both cases, members of the community applied distinct …
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
Other Publications
No abstract provided.
Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel
Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel
Other Publications
No abstract provided.
President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein
President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein
NYLS Law Review
No abstract provided.
“Dealing With The Appellate Caseload Crisis”: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner
“Dealing With The Appellate Caseload Crisis”: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner
NYLS Law Review
No abstract provided.
Using The Papers Of U.S. Supreme Court Justices: A Reflection, Stephen Wermiel
Using The Papers Of U.S. Supreme Court Justices: A Reflection, Stephen Wermiel
NYLS Law Review
No abstract provided.
Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar
Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar
NYLS Law Review
No abstract provided.
Visualizing The Law In The Baroque Age: The Play Of Value And The Law: Image And Comedy At The End Of Louis Xiv’S Reign, Christian Biet
Visualizing The Law In The Baroque Age: The Play Of Value And The Law: Image And Comedy At The End Of Louis Xiv’S Reign, Christian Biet
NYLS Law Review
No abstract provided.
Two Great Leaders, L.A. Powe Jr.
Image And Affect: Between Neo-Baroque Sadism And Masochism, Nathan Moore
Image And Affect: Between Neo-Baroque Sadism And Masochism, Nathan Moore
NYLS Law Review
No abstract provided.
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
NYLS Law Review
No abstract provided.
Getting Real About Legal Realism, New Legal Realism, And Clinical Legal Education, Katherine R. Kruse
Getting Real About Legal Realism, New Legal Realism, And Clinical Legal Education, Katherine R. Kruse
NYLS Law Review
No abstract provided.
Reflections: The Trajectory Of The Legal Profession In A Post-9/11 World, Joseph W. Armbrust
Reflections: The Trajectory Of The Legal Profession In A Post-9/11 World, Joseph W. Armbrust
NYLS Law Review
No abstract provided.