Law Commons^™

De Novo, Vol 3, No. 1, Fall, 2005, New York Law School

Student Newspapers

No abstract provided.

The International Review | 2005 Fall, Michael Rhee

The International Review Newsletter

Interpreting the U.S. Constitution via International Law?

Legal Efforts Against Terrorist Financing: Opportunities and Obstacles

The United Nations in Control of the Internet

Implosion of the Nuclear Nonproliferation Treaty

End of the European Union Constitution?

Law School: A cure for foreign competition?

While the U.S. barely passes the Central American Free Trade Agreement ...

... the outcome of ongoing WTO talks remains uncertain

Undermining the Kyoto Protocol?

A WTO open to the public?

The International Review | 2005 Spring, Michael Rhee

The International Review Newsletter

Can editing be a threat to national security?

Are global counterfeiting and piracy unstoppable?

Report: How to build a more effective United Nations

The WTO 10-year review: A world trading system in peril?

Equal protection for Florida orange juice?

Short breaths for global warming treaty?

Selling an EU constitution to a skeptical public

Bittersweet ending for sugar subsidies?

The end of a long-running WTO tax dispute?

The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr.

NYLS Law Review

No abstract provided.

Suing Amy: A Love Story, Cameron Stracher

NYLS Law Review

No abstract provided.

Social Citizen As “Guest Worker”: A Comment On Identities Of Immigrants And The Working Poor, Frank W. Munger

NYLS Law Review

No abstract provided.

Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley

NYLS Law Review

No abstract provided.

Glory Days: Popular Constitutionalism, Nostalgia, And The True Nature Of Constitutional Culture, Doni Gewirtzman

Articles & Chapters

This article uses political science data on participation, knowledge, and popular sentiments about the political process to critique different strands of popular constitutionalism, a recent movement in constitutional theory that highlights the People's role in the development of interpretive norms. It argues that popular constitutionalists have not paid sufficient attention to the increasingly distant relationship between the people and political life, resulting in an interpretive model that is often unable to realize its normative goals and rests on some weak descriptive premises. It also suggests that the existence of high levels of civic engagement during the 1960s - a formative …

Once A Mortgage, Always A Mortgage - The Use (And Misuse) Of Mezzanine Loans And Preferred Equity Investments, Andrew R. Berman

Articles & Chapters

The mortgage remains one of the most common and successful techniques to finance real estate transactions. In the last 25 years, mortgage loans have also been sold in the secondary market and included in mortgage-backed securitizations. The amazing growth of mortgage securitizations has also led to the development of novel financing techniques, including mezzanine financing and preferred equity investments.

This article discusses the historical development of real estate financing from the early beginning of mortgage law and the equity of redemption through the modern advent of mortgage-backed securitizations (MBS) and other non-traditional financings. It argues that the phenomenal success of …

If I Implore You And Order You To Set Me Free, Robert Blecker

Articles & Chapters

When Odysseus ordered his men to put wax in their ears, bind him to the mast and keep rowing until they passed the Sirens, no matter what he might later command, and then, in the throes of passion, attempted to countermand his earlier command, there, then, Constitutionalism was born in the West. We are perpetually challenged at rational moments to keep future passions in check, so when the future becomes the present, we can survive it without regret.

This brief essay summarily employs the metaphor to account for constitutional rights, long and fixed senatorial terms, life-time judicial tenure, judicial review, …

Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen

Articles & Chapters

No abstract provided.

The Promotion Of Free-Trade Areas Viewed In Terms Of Most-Favored-Nation Treatment And Imperial Preference, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

Great Case For Clinical Courses, Brandt Goldstein

Articles & Chapters

No abstract provided.

Limited In Sex, They Dare: Attitudes Toward Issues Of Patient Sexuality, Michael L. Perlin

Articles & Chapters

The author frequently speaks on issues involving the sexuality rights of persons with mental disabilities who are institutionalized. In this article, he discusses the prevalent attitudes of audience members to these presentations, attitudes ranging from anger to denial to projection to transference/countertransference to fear to expressions of religiosity. In some cases, an important connection is made between the speaker and audience members. The article considers these attitudes and seeks to offer explanations for why this is such a threatening topic to so many listeners.

Perspectives On Brown: The South African Experience, Penelope Andrews

Articles & Chapters

In this paper the author examines the lessons of Brown v. Board of Education for the South African struggle for racial equality, South Africa's constitutional transition, and the significance of Brown in pursuing the right to education in South Africa. The author concludes that although Brown was of tremendous symbolic value to South Africans, the South African constitutional framework, negotiated in the early 1990s, reflected global human rights developments more substantially than it did the American civil rights struggle. This is demonstrated by the mandate of the South African Constitution to consider international law and by the limited references to …

The Fcc's New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Adamski Dariusz

Articles & Chapters

No abstract provided.

Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For Online Identity, Beth Simone Noveck

Articles & Chapters

Trust is the foundation of society for without trust, we cannot

cooperate. Trust, in turn, depends upon secure, reliable, and persistent

identity. Cyberspace is thought to challenge our ability to build trust

because the medium undermines the connection between online

pseudonym and offline identity. We have no assurances of who stands

behind an online avatar; it may be one person, it may be more, it may be a

computer. The legal debate to date has focused exclusively on the question

of how to maintain real world identity in cyberspace. But new "social

software" technology that enables communities from eBay to …

Democratizing Capital: The History, Law And Reform Of The Community Reinvestment Act, Richard D. Marsico

Books

Since 1977, the Community Reinvestment Act (CRA) has required banks to meet the credit needs of their local communities, including low-income neighborhoods. Since then, banks have committed to make more than $1 trillion in loans for housing, small businesses, small farms, and economic development in low-income neighborhoods. Despite this record, the CRA and its implementing regulations have been unsatisfactory to banks, advocates, and even bank regulators charged with enforcing the law. Author Richard Marsico traces this dissatisfaction to an imbalance in banking regulators' resolution of the CRA's tension between requiring banks to lend to low-income neighborhoods, but not requiring them …

Escaping The Gilded Cage: User Created Content And Building The Metaverse, Cory Ondrejka

NYLS Law Review

No abstract provided.

The State Of Play, Beth Simone Noveck

NYLS Law Review

No abstract provided.

Process Reengineering And Legal Education: An Essay On Daring To Think Differently, Karen Gross

NYLS Law Review

No abstract provided.

The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard

NYLS Law Review

No abstract provided.

Introduction, Richard A. Matasar, Cameron Stracher

NYLS Law Review

No abstract provided.

If I Implore You And Order You To Set Me Free, Robert Blecker

NYLS Law Review

No abstract provided.

Innocence And The Sopranos, Seth D. Harris

NYLS Law Review

No abstract provided.

The Rise And Fall Of American Legal Education, Richard A. Matasar

NYLS Law Review

No abstract provided.

Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen

NYLS Law Review

No abstract provided.

The Use And Abuse Of Social Science In The Same-Sex Marriage Debate, Stephen A. Newman

NYLS Law Review

No abstract provided.

Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico

NYLS Law Review

No abstract provided.

Cancellation Of Debt And Other Incidental Items Of Income: Puritan Tax Rules In The U.S., Richard C.E. Beck

NYLS Law Review

No abstract provided.