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Articles 31 - 60 of 88
Full-Text Articles in Law
A Demanding Boss, Rodger D. Citron
Playing Word Games With New York’S No Surcharge Law, Katie Coggins
Playing Word Games With New York’S No Surcharge Law, Katie Coggins
Touro Law Review
No abstract provided.
A Hard Pill To Swallow: Symptoms And Prognosis Of The Drug Manufacturer Preemption Defense In 2018, Brandon Stephens
A Hard Pill To Swallow: Symptoms And Prognosis Of The Drug Manufacturer Preemption Defense In 2018, Brandon Stephens
Touro Law Review
No abstract provided.
In Honor Of Beth Mobley, Michael J. Borger
Two New York Tax Cases, Joel S. Newman
Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio
Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio
Touro Law Review
No abstract provided.
Loss Of Human Capital: Corporate Transactions And Their Impact On The L-1 Visa For Employees, Constanza Mundt
Loss Of Human Capital: Corporate Transactions And Their Impact On The L-1 Visa For Employees, Constanza Mundt
Touro Law Review
No abstract provided.
Benjamin Cardozo And The Death Of The Common Law, John C. P. Goldberg
Benjamin Cardozo And The Death Of The Common Law, John C. P. Goldberg
Touro Law Review
No abstract provided.
Chained Against Her Will: What A Get Means For Women Under Jewish Law, Michelle Kariyeva
Chained Against Her Will: What A Get Means For Women Under Jewish Law, Michelle Kariyeva
Touro Law Review
No abstract provided.
The Minor Donor-Sibling Dilemma: Are Bone Marrow Donation Decisions Up To The Parent Or The Child?, Christina Carone
The Minor Donor-Sibling Dilemma: Are Bone Marrow Donation Decisions Up To The Parent Or The Child?, Christina Carone
Touro Law Review
No abstract provided.
Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox
Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox
Touro Law Review
No abstract provided.
Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik
Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik
Touro Law Review
No abstract provided.
A Run For Your Money: Are Able Accounts Truly An Innovative, User-Friendly Financial Savings Tool For The Broad Spectrum Of Disabled Americans?, Madeleine Laser
A Run For Your Money: Are Able Accounts Truly An Innovative, User-Friendly Financial Savings Tool For The Broad Spectrum Of Disabled Americans?, Madeleine Laser
Touro Law Review
No abstract provided.
Why A Monkey’S Action Of Taking A Selfie Should Expand The Definition Of An Author In The Copyright Act, David Schneider
Why A Monkey’S Action Of Taking A Selfie Should Expand The Definition Of An Author In The Copyright Act, David Schneider
Touro Law Review
No abstract provided.
Taking Back Bitcoin, Zachary Segal
Applied Anti-Semitism: The Bds Movement And The Abuse Of Corporate Social Responsibility, Alexander B. Traum
Applied Anti-Semitism: The Bds Movement And The Abuse Of Corporate Social Responsibility, Alexander B. Traum
Touro Law Review
No abstract provided.
A Tribute To Leon Lazer, Rena C. Seplowitz
Diamonds In The Rough: A Review Of Tiffany V. Costco And A Call To Apply Daubert To The Admissibility Of Consumer Survey Evidence In Trademark Infringement Litigation, Michael J. Borger
Diamonds In The Rough: A Review Of Tiffany V. Costco And A Call To Apply Daubert To The Admissibility Of Consumer Survey Evidence In Trademark Infringement Litigation, Michael J. Borger
Touro Law Review
No abstract provided.
Explaining Market Urbanism, Michael Lewyn
Explaining Market Urbanism, Michael Lewyn
Scholarly Works
Compares Market Urbanism to New Urbanism and Landscape Urbanism
How To Build A Better Bar Exam, Eileen Kaufman, Andrea Anne Curcio, Carol L. Chomsky
How To Build A Better Bar Exam, Eileen Kaufman, Andrea Anne Curcio, Carol L. Chomsky
Scholarly Works
As a licensing exam, the purpose of the bar exam is consumer protection–-ensuring that new lawyers have the minimum competencies required to practice law effectively. As critics point out, however, the exam, and particularly the multiple-choice question portion of the exam, has significant flaws because it assesses legal knowledge and analysis in an artificial and unrealistic context, and the closed-book format rewards the ability to memorize thousands of legal rules, a skill unrelated to law practice.
This essay discusses how to improve the exam by changing its multiple-choice content and format. We use two law licensing exams to illustrate how …
Fashioning An Effective Negotiation Style: Choosing Between Good Practices, Tactics, And Tricks, Harold I. Abramson
Fashioning An Effective Negotiation Style: Choosing Between Good Practices, Tactics, And Tricks, Harold I. Abramson
Scholarly Works
This article addresses two long standing issues in negotiations. First, what choices should we make to be effective? This article offers a schema for classifying the choices into one of three categories and in so doing, classifies choices based on likely benefits and degree of risk when fashioning an effective negotiation style. The second question is how to distinguish between negotiation style, the subject of this article, and our natural conflict style. By highlighting the distinction between how we want to negotiate (negotiation style) and how we naturally negotiate (conflict style), this article offers a way to become the negotiator …
Another Look At Lawyer Discretion To Assist Clients In Unlawful Conduct: A Response To Professor Tremblay, Samuel J. Levine
Another Look At Lawyer Discretion To Assist Clients In Unlawful Conduct: A Response To Professor Tremblay, Samuel J. Levine
Scholarly Works
Professor Paul Tremblay’s At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct, identifies and explores an apparent gap in the law governing the work of lawyers: the question of whether lawyers may assist clients in unlawful conduct that is not criminal or fraudulent. After introducing the issue through three illustrative scenarios, which he labels “lawbreaking stories,” Professor Tremblay engages in an extensive analysis of the applicable substantive law, relying primarily on ethics codes, which directly regulate the work of lawyers, with additional reference to other sources of law. Having reached the considered conclusion that the law does not …
Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
Scholarly Works
In this multi-vocal Afterword, we reflect-personally and collectively to help chart renewed agendas toward and through a third decade of LatCrit theory, community, and praxis. This personal collective exercise illustrates and reconsiders the functions, guideposts, values, and postulates for our shared programmatic work a framework for our daily work as individuals and teams through our portfolio of projects, which in turn emerged as a "reflection and projection of LatCrit theory, community and praxis." These early anchors expressly encompassed (1) a call to recognize and accept the inevitable political nature of U.S. legal scholarship; (2) a concomitant call toward anti-subordination praxis …
Policing Narrative, Tal Kastner
Policing Narrative, Tal Kastner
Scholarly Works
Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what constitutes legal authority. Black Lives Matter offers a counter narrative that challenges the characterization of the shared public space, among other aspects of contemporary society, as the space of law. Using the concept of necropower--the mobilization and prioritization of the state's power to kill--I analyze the contested physical and conceptual space of law exposed by the counter narrative of Black …
Bicycle-Friendly Policies, Michael Lewyn
Bicycle-Friendly Policies, Michael Lewyn
Scholarly Works
A review of Copenhagenize by Mikael Colville-Andersen
Integrating Performance Tests Into Doctrinal Courses, Skills Courses, And Institutional Benchmark Testing: A Simple Way To Enhance Student Engagement While Furthering Assessment, Bar Passage, And Other Aba Accreditation Objectives, Sara J. Berman
Scholarly Works
This article explores ways to weave performance tests into the law school curriculum to enhance student engagement and active learning, and to further ABA-mandated assessment and accreditation objectives. Some options include using them as discrete simulation exercises in doctrinal courses, as content for certain dedicated skills courses, or as possible institutional benchmark testing. Section II provides an overview of PTs, suggesting how they can be effective teaching tools. Section III demonstrates how integrating PTs into the law school curriculum, at both the course and institutional levels, may help law schools comply with numerous ABA Standards, including those regarding assessment and …
A Tribute To Douglas Scherer, Howard A. Glickstein
A Tribute To Douglas Scherer, Howard A. Glickstein
Scholarly Works
No abstract provided.
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil
Scholarly Works
Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current "pledge and review" paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …
Analyzing Justice Cardozo’S Opinions On The Constitutionality Of The New Deal, Robert J. Pushaw Jr
Analyzing Justice Cardozo’S Opinions On The Constitutionality Of The New Deal, Robert J. Pushaw Jr
Touro Law Review
No abstract provided.