Law Commons^™

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley

Touro Law Review

No abstract provided.

Therapeutic Jurisprudence, David Wexler

Touro Law Review

No abstract provided.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum

Touro Law Review

No abstract provided.

Appellate Division, Third Department, People V. Smith, Jennifer Belk

Touro Law Review

No abstract provided.

Supreme Court, New York County, Hughes V. Farrey, Eric Pack

Touro Law Review

No abstract provided.

Advocating For A Civil Right To Counsel In New York State, Kathryn G. Madigan

Touro Law Review

No abstract provided.

Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak

Scholarly Works

This case illustrates why municipal lawyers might want to review their high school mathematics lessons about set theory before drafting statutes. The application of set theory—particularly in the form of Venn diagrams—can help to prevent ambiguity of language in statutory construction. It is this ambiguity that gives rise to differences in interpretation, and these differences frequently lead to litigation over the meaning of a statute.

Making Out The Monell Claim Under Section 1983, Karen M. Blum

Touro Law Review

No abstract provided.

Section 1983 Litigation: Post-Pearson And Post-Iqbal, Karen M. Blum

Touro Law Review

The Supreme Court's decision in Pearson v. Callahan marked a significant change in the structure of the analysis to be performedin the adjudication of the qualified immunity defense in§ 1983 litigation. Prior to Pearson, the Court required a mandatory two-step approach for the qualified immunity analysis. Whenever qualified immunity was raised in response to an alleged constitutional violation, the lower courts were instructed that the disposition of the qualified immunity issue required the court to first address the merits question. Under Saucier v. Katz, the courts were required first to decide whether the complaint stated a violation of a constitutional …

Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz

Touro Law Review

Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes individuals to enforce their constitutional rights against state and local officials; for example,prison officers and police officers, and against municipalities. It is the most important civil statute in American law. To its credit, the United States Supreme Court understands the significance of § 1983.

For the past three decades, in virtually every single Term of theCourt, it has decided a substantial number of cases dealing with different facets of § 1983 litigation. Last Term, there was anunusual number of § 1983 decisions rendered by the United States …

Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz

Touro Law Review

No abstract provided.

"It's Not About The Money!": A Theory On Misconceptions Of Plaintiffs' Litigation Aims, Tamara Relis

Scholarly Works

This Article examines from a new angle a long-standing debate on a central question of the legal system: why plaintiffs sue and what they seek from litigation. Legal research has documented various extra-legal aims or non-economic agendas of plaintiffs who commence legal proceedings for various case-types. However, current debates have failed to address this issue in depth from the perspectives of plaintiffs themselves, subsequent to lawyers conditioning them on legal system realities and translating their disputes into legally cognizable compartments. Nor have understandings of plaintiffs' aims been examined from the perspectives of defense lawyers. These are significant gaps in the …

Consequences Of Power, Tamara Relis

Scholarly Works

This Article challenges a basic premise that litigants and their attorneys broadly understand and desire similar things from litigation-track mediation processes. In providing new empirical research from medical malpractice cases, I offer disconcerting evidence of the surprising degree to which perceptions and meanings ascribed to these litigation-track processes are not only diverse, but frequently contradictory. I demonstrate that notwithstanding their different allegiances, lawyers on all sides of cases have correspondingly similar understandings of the meaning and purpose of litigation-track mediations. At the same time, I show how plaintiffs and defendants have the same understandings and visions of what mediation is …

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.

Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel

Touro Law Review

No abstract provided.

Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis

Scholarly Works

This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average 'nonrepeat player'.

New Issues Arising Under Section 1983, Martin A. Schwartz

Scholarly Works

No abstract provided.

Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer

Scholarly Works

No abstract provided.

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Scholarly Works

No abstract provided.

The Use Of Expert Proofs In Complex Product Liability Litigation In New York: A Preliminary Consideration Of Varying Federal And New York State Approaches To Disclosure And Admissibility, Steven J. Phillips

Touro Law Review

No abstract provided.

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz

Scholarly Works

No abstract provided.

Ramifications Of Denny V. Ford Motor Co., Peter J. Ausili

Touro Law Review

No abstract provided.

Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell

Scholarly Works

No abstract provided.

Supreme Court Section 1983 Developments, Martin A. Schwartz

Scholarly Works

No abstract provided.

Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz

Scholarly Works

No abstract provided.

Section 1983 Litigation, Martin A. Schwartz, George C. Pratt

Scholarly Works

No abstract provided.

Section 1983 Litigation, Martin A. Schwartz, Honorable George C. Pratt

Touro Law Review

No abstract provided.