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Articles 1 - 18 of 18

Full-Text Articles in Law

Judicial Externships, Mariana Hogan, Michael Roffer Jan 2016

Judicial Externships, Mariana Hogan, Michael Roffer

Articles & Chapters

No abstract provided.


What Are The Article Iii Limits To Bankruptcy Court Jurisdiction, And Can Parties Consent To Expanded Jurisdiction: Wellness International Network V. Sharif (13-935), Marshall E. Tracht Jan 2015

What Are The Article Iii Limits To Bankruptcy Court Jurisdiction, And Can Parties Consent To Expanded Jurisdiction: Wellness International Network V. Sharif (13-935), Marshall E. Tracht

Articles & Chapters

No abstract provided.


A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow Jan 2009

A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow

Articles & Chapters

In Indianapolis v. Chase National Bank, 1941, the Supreme Court established the doctrine of realignment, requiring federal courts to examine the issues in dispute and realign each party as plaintiff or defendant if necessary. Due to the complete diversity requirement, realignment gave the federal courts the ability to both create and destroy diversity jurisdiction. Since 1941, the federal courts have struggled to interpret the central holding in Indianapolis, and have created several competing "tests" for realignment. This confusion has made the doctrine of realignment unworkable. Realignment-along with each of the present tests-encourages jurisdictional abuses by forcing the federal courts to …


Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait Jan 2005

Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Compagnie Noga D'Importation V. Russian Federation, 361 F. 3d 676 - Court Of Appeals, 2nd Circuit 2004, Roger J. Miner '56 Mar 2004

Compagnie Noga D'Importation V. Russian Federation, 361 F. 3d 676 - Court Of Appeals, 2nd Circuit 2004, Roger J. Miner '56

Circuit Court Opinions

In these consolidated appeals, we are confronted with the issue of whether a foreign arbitration award can be confirmed and enforced against a sovereign nation where the arbitration agreement was signed by an organ of that nation's central government and where that organ — and not the nation itself — participated in the underlying arbitration proceedings. Specifically, plaintiff-appellant Compagnie Noga D'Importation et D'Exportation S.A. ("Noga") sought to confirm and enforce a Swedish arbitration award against defendant-appellee Russian Federation. The 678*678 Russian Federation opposed confirmation principally on the ground that it was a party to neither the arbitration agreement nor …


Us V. Pimentel, 346 F. 3d 285 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56 Oct 2003

Us V. Pimentel, 346 F. 3d 285 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

These appeals arise from the January 9, 1995 gang-related murder of Galiat Santiago. Instead of being tried in New York State Supreme Court for violating the New York Penal Law, defendants-appellants Joanna Pimentel and George Viruet (collectively, the "Defendants") were tried by a jury and convicted in the United States District Court for the Eastern District of New York (Johnson, J.). The Defendants were charged with violations of various federal laws, including the Violent Crimes in Aid of Racketeering ("VCAR") statute, 18 U.S.C. § 1959. VCAR provides for the federal prosecution of violent crime "when those allegedly responsible participated …


Clark V. Commodity Futures Trading Com'n, 170 F. 3d 110 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56 Feb 1999

Clark V. Commodity Futures Trading Com'n, 170 F. 3d 110 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56

Circuit Court Opinions

No abstract provided.


Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler Jan 1999

Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler

Articles & Chapters

No abstract provided.


Secret Testimony And Public Trials In New York, Randolph N. Jonakait Jan 1998

Secret Testimony And Public Trials In New York, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Considering Copyright Crimes, Roger J. Miner '56 Jan 1995

Considering Copyright Crimes, Roger J. Miner '56

Criminal Law

No abstract provided.


One Hundred Years Of Influence On National Jurisprudence: Second Circuit Court Of Appeals Decisions Reviewed By The United States Supreme Court, Roger J. Miner '56 Jan 1991

One Hundred Years Of Influence On National Jurisprudence: Second Circuit Court Of Appeals Decisions Reviewed By The United States Supreme Court, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


State Crime In The Federal Forum, Roger J. Miner '56 Jan 1990

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.


Remarks To Litigation Department, Cahill, Gordon & Reindel, Roger J. Miner '56 Jan 1989

Remarks To Litigation Department, Cahill, Gordon & Reindel, Roger J. Miner '56

Law Practice

No abstract provided.


Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56 Jan 1988

Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56

Court Conferences and Events

No abstract provided.


The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56 Jan 1987

The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


Tips On Federal Practice, Roger J. Miner '56 Jan 1984

Tips On Federal Practice, Roger J. Miner '56

Bar Associations

No abstract provided.


The Relativity Of Injury, Jethro K. Lieberman Jan 1977

The Relativity Of Injury, Jethro K. Lieberman

Articles & Chapters

No abstract provided.


Primary Jurisdiction: The Need For Better Court/Agency Interaction, Michael Botein Jan 1976

Primary Jurisdiction: The Need For Better Court/Agency Interaction, Michael Botein

Articles & Chapters

No abstract provided.