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Articles 1 - 19 of 19
Full-Text Articles in Law
Ask The Professor: “Omg! What Did Mf Global Do?, Ronald Filler
Ask The Professor: “Omg! What Did Mf Global Do?, Ronald Filler
Articles & Chapters
This paper, written one week after MF Global, a large futures brokerage firm filed for bankruptcy, analyzes the bankruptcy, its impact on futures customers and the shortfall in customer funds that occurred on October 31, 2011. Subsequent to MF Global's bankruptcy, several customer protection rules were amended by the U.S. Commodity Futures Trading Commission and the National Futures Association.
Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman
Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman
Articles & Chapters
This Article identifies logical and due process errors in HIV-related aggravated assault cases, which usually involve an HIV-positive individual having unprotected sex without disclosing his or her HIV status. While this behavior should not be encouraged, this Article suggests that punishing this conduct through a charge of aggravated assault - which requires a showing that the defendant’s actions were a means likely to cause grievous bodily harm or death - is fraught with fallacies in reasoning and runs afoul of due process. Specifically, some courts use the "rule of thumb" that HIV can possibly be transmitted through bodily fluids as …
Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection, Gerald Korngold
Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection, Gerald Korngold
Articles & Chapters
For the past thirty years nonprofit organizations have revolutionized open space and habitat conservation in the United States through the use of conservation easements. Pursuant to legislation, nonprofits may now acquire and hold perpetual restrictions that prevent alteration of the subject land’s natural and ecological features. These rights can be held “in gross,” with the result that the nonprofit need not own land near the restricted property and can be based in a distant location.
As a result of this success, proponents in more recent years have advocated the export of “conservation easements” from the United States to other countries. …
Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin
Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin
Articles & Chapters
A a careful examination of Bob Dylan’s lyrics reveals a writer - a scholar - with a well-developed jurisprudence, ranging over a broad array of topics that relate to civil and criminal law, public and private law. His lyrics reflect the work of a thinker who takes “the law” seriously in multiple iterations - the role of lawyers, the role of judges, the disparities between the ways the law treats the rich and the poor, the inequality of the criminal and civil justice systems, the corruption of government, the police, and the judiciary, and more. In this paper, I seek …
Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman
Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman
Articles & Chapters
No abstract provided.
Happy 65th Birthday: What Now?, Peter J. Strauss
Happy 65th Birthday: What Now?, Peter J. Strauss
Articles & Chapters
No abstract provided.
Racism, Capitalism, And Predatory Lending: How The U.S. Government's Failure To Regulate The Disproportionate Negative Effects Of Payday Lending In Black Communities Violates The International Convention On The Elimination Of All Forms Of Racial Discrimination, Paulina Davis
Articles & Chapters
No abstract provided.
Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz
Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
Global Finance, Multinationals And Human Rights: With Commentary On Backer's Critique Of The 2008 Report By John Ruggie, Faith Stevelman
Global Finance, Multinationals And Human Rights: With Commentary On Backer's Critique Of The 2008 Report By John Ruggie, Faith Stevelman
Articles & Chapters
No abstract provided.
The Foreign Affairs' Power Of The European Union: All Hat And No Cattle, Lloyd Bonfield
The Foreign Affairs' Power Of The European Union: All Hat And No Cattle, Lloyd Bonfield
Articles & Chapters
No abstract provided.
The Ethics Of Willful Ignorance, Rebecca Roiphe
The Ethics Of Willful Ignorance, Rebecca Roiphe
Articles & Chapters
The ABA ethical rules state that a lawyer may not assist a client in conduct that she “knows” is criminal or fraudulent. In this article, I argue that we ought to hold lawyers responsible when they remain willfully ignorant of their clients’ illegal activity. When a lawyer suspects that her client might be engaged in criminal or fraudulent activity, she should have an obligation to investigate. I disagree with prominent legal ethics scholar, David Luban, who has argued that lawyers should be able to turn a blind eye to signs of wrongdoing. I argue that rather than undermining the attorney …
The Miraculous Year 2010 In United States' Gay Rights Law: Anomaly Or Tipping Point?, Arthur S. Leonard
The Miraculous Year 2010 In United States' Gay Rights Law: Anomaly Or Tipping Point?, Arthur S. Leonard
Articles & Chapters
During 2010 a series of decisions by United States District Court judges appeared to mark a significant breakthrough in the ongoing struggle by sexual minorities in the United States to achieve legal equality through the removal of objectionable laws and policies. Almost as if a dam had broken, there was a sudden rush of developments on three highly contested fronts: (1) the statutory ban on military service by openly gay individuals, (2) the exclusion from federal recognition for lawfully contracted same-sex marriages, and (3) a popularly enacted California state constitutional amendment taking away same-sex marriage rights that had previously been …
Negativing Invention, Jacob S. Sherkow
Negativing Invention, Jacob S. Sherkow
Articles & Chapters
Since 1952, the patent statute has forbidden courts from discriminating against, or “negativing,” inventions according to how they were made, be it “long toil and experimentation” or a “flash of genius.” Now, in addressing whether an invention is “obvious,” courts must only examine whether the invention was obvious according to the arts pertinent to that invention — the “analogous” rather than “nonanalogous” arts. This article shows that this dichotomy has actually promoted method-of-invention discrimination in patent law because the subjectivity of the analogous art inquiry has increasingly “analogized” wide fields of prior art as technology has progressed. This, in turn, …
Abandoned Love: The Impact Of Wyatt V. Stickney On The Intersection Between International Human Rights And Domestic Mental Disability Law, Michael L. Perlin
Abandoned Love: The Impact Of Wyatt V. Stickney On The Intersection Between International Human Rights And Domestic Mental Disability Law, Michael L. Perlin
Articles & Chapters
Wyatt v. Stickney - the first case to find (40 years ago) a constitutional right to treatment for persons institutionalized because of mental disability - is the most important institutional rights case litigated in the history of domestic mental disability law. It spawned “copycat” litigation in multiple federal district courts and state superior courts, led directly to the creation of “Patients’ Bills of Rights” in most states, and inspired the creation of the Developmental Disabilities Assistance and Bill of Rights Act, the Mental Health Systems Act Bill of Rights, and the federally-funded Protection and Advocacy System. Its direct influence on …
Three Statutory Regimes At Impasse: Reverse Payments In Pay-For-Delay Settlement Agreements Between Brand-Name And Generic Drug Companies, Rudolph J.R. Peritz
Three Statutory Regimes At Impasse: Reverse Payments In Pay-For-Delay Settlement Agreements Between Brand-Name And Generic Drug Companies, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
Online, Distance Legal Education As An Agent Of Social Change, Michael L. Perlin
Online, Distance Legal Education As An Agent Of Social Change, Michael L. Perlin
Articles & Chapters
New York Law School (NYLS) created its online, distance learning mental disability law program in an effort to provide education in an area of the law that remains hidden in most law school curricula. Since 2000, it has offered its mental disability law courses in an online, distance learning format to its own students, to law students from other US-based law schools, to mental health professionals, to students in all the allied mental health professions and in the fields of criminology and criminal justice, and to activists and advocates (including members of the psychiatric survivor movement). It has offered the …
Considering Pathological Altruism In The Law From Therapeutic Jurisprudence And Neuroscience Perspectives, Michael L. Perlin
Considering Pathological Altruism In The Law From Therapeutic Jurisprudence And Neuroscience Perspectives, Michael L. Perlin
Articles & Chapters
No abstract provided.
The Search For Fair Agency Process: The Immigration Opinions Of Judge Michael Daly Hawkins, 1994-2010, Lenni B. Benson
The Search For Fair Agency Process: The Immigration Opinions Of Judge Michael Daly Hawkins, 1994-2010, Lenni B. Benson
Articles & Chapters
Judge Michael Daly Hawkins has been a member of the Ninth Circuit Court of Appeals since 1994; but he has been concerned with the forms and varieties of administrative or bureaucratic process his entire career. When he became a member of the federal judiciary, his role was clearly altered. However, his commitment to fairness and integrity in adjudication remained undiminished. This article will explore some of Judge Hawkins’s many immigration decisions, both majority and dissenting opinions, which reflect his commitment to the preservation of a due process.
The reality of immigration adjudication in the Ninth Circuit is that there are …
Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker
Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker
Articles & Chapters
Today, death penalty opponents mostly claim life without parole (LWOP) as their genuinely popular substitute punishment for the worst of the worst. These abolitionists embrace LWOP as cheaper, equally just, and equally effective - a punishment that eliminates the state’s exercise of an inhumane power to kill helpless human beings who pose no immediate threat. Furthermore, they insist, LWOP allows the criminal justice system to reverse sentencing mistakes. Some even characterize it as a punishment worse than death.
Thousands of hours in several states, interviewing and observing more than a hundred convicted killers, along with dozens of correctional officers who …