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Articles 1 - 30 of 41
Full-Text Articles in Law
Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden
Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden
Articles & Chapters
Hepatitis C (HCV) in prisons is a public health crisis tied to current drug policy's emphasis on the mass incarceration of drug users. Prison policy acts as a barrier to HCV care by limiting medical care for the infected, especially drug users, and by inhibiting public health measures addressing the epidemic. This Comment argues that courts mistakenly limit prisoners' Eighth Amendment right to basic medical care when they defer to prisons that apply HCV policies as categorical rules of treatment. Where current standards of care mandate individualized patient evaluation for treatment, prison policies that eschew this principle exhibit deliberate indifference …
Globalnet Financial. Com V. Frank Crystal & Co., 449 F. 3d 377 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56
Globalnet Financial. Com V. Frank Crystal & Co., 449 F. 3d 377 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56
Circuit Court Opinions
Plaintiff-appellant GlobalNet Financial.com, Inc. ("GlobalNet") appeals from a summary judgment entered in the United States District Court for the Southern District of New York (Sweet, J.) in favor of defendant-appellee Frank Crystal & Co., Inc. ("Crystal"). The action was brought against Crystal, an insurance broker, to recover damages arising from Crystal's failure to transmit insurance cancellation notices to GlobalNet. The District Court determined that (i) New York law should apply to GlobalNet's contract claims; (ii) New York law should apply to GlobalNet's tort claims; and (iii) having applied New York law, Crystal was entitled to judgment as a matter …
No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel
No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel
Other Publications
No abstract provided.
Ceremonial Swearing-In Of Congresswoman-Elect Kirsten E. Gillibrand, Roger J. Miner '56
Ceremonial Swearing-In Of Congresswoman-Elect Kirsten E. Gillibrand, Roger J. Miner '56
Judges
No abstract provided.
On Being Among Friends: A Response To Eugene Garver’S For The Sake Of Argument, Richard Sherwin
On Being Among Friends: A Response To Eugene Garver’S For The Sake Of Argument, Richard Sherwin
Articles & Chapters
No abstract provided.
A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker
A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker
Articles & Chapters
No abstract provided.
The 2004-2005 Amendments To The Community Reinvestment Act Regulations: For Communities One Step Forward And Three Steps Back, Richard D. Marsico
The 2004-2005 Amendments To The Community Reinvestment Act Regulations: For Communities One Step Forward And Three Steps Back, Richard D. Marsico
Articles & Chapters
In 2001, the four federal banking agencies that enforce the Community Reinvestment Act (CRA) began a review of CRA regulations they adopted in 1995. The review lasted until they issued amendments in 2004 and 2005. The review process was controversial, tortuous, and divisive. By the time it was over, residents of the communities the CRA was intended to benefit, including low- and moderate-income and predominantly minority neighborhoods, gained a victory in their efforts to promote community reinvestment and economic development, but also lost significant ground. The victory was strengthened regulation of subprime and predatory lending. The losses included a reduction …
Commentary: Mental Health Legislation, Michael L. Perlin
Commentary: Mental Health Legislation, Michael L. Perlin
Other Publications
No abstract provided.
Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair
Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair
Articles & Chapters
No abstract provided.
Making Paper Dolls: How Restrictions On Judicial Review And The Administrative Process Increase Immigration Cases In Federal Court, Lenni B. Benson
Making Paper Dolls: How Restrictions On Judicial Review And The Administrative Process Increase Immigration Cases In Federal Court, Lenni B. Benson
Articles & Chapters
Today, jurisdiction over immigration law is by no means well defined by clear limits. Limitations on jurisdiction have bred a multitude of litigation. The number of federal court cases reviewing removal orders has increased 970% in the past ten years. As of September 2005, the immigration cases represented 18% of the appellate civil docket.
Congress and the courts are not alone in augmenting the number of immigration cases in the federal courts. Congress has also urged the agencies enforcing the immigration laws to increase enforcement, to reduce backlogs and to make removal more swift and certain. At the same time …
Compulsory Licenses In Peer-To-Peer File Sharing: A Workable Solution?, Michael Botein, Edward Samuels
Compulsory Licenses In Peer-To-Peer File Sharing: A Workable Solution?, Michael Botein, Edward Samuels
Articles & Chapters
No abstract provided.
Open Video Systems: Too Much Regulation Too Late?, Michael Botein
Open Video Systems: Too Much Regulation Too Late?, Michael Botein
Articles & Chapters
No abstract provided.
Courtroom Applications Of Virtual Environments, Immersive Virtual Environments, And Collaborative Virtual Environments., Jeremy Bailenson, Jim Blascovich, Andrew Beall, Beth Simone Noveck
Courtroom Applications Of Virtual Environments, Immersive Virtual Environments, And Collaborative Virtual Environments., Jeremy Bailenson, Jim Blascovich, Andrew Beall, Beth Simone Noveck
Articles & Chapters
This article examines the possibilities and implications of employing virtual environments (VEs), immersive virtual environments (IVEs), and collaborative virtual environments (CVEs) in the courtroom. We argue that the immersive and interactive reality created by these tools adds significant value as a simulation of experience to enhance courtroom practice. The obvious boundaries between real and virtual enhance the attractiveness of these tools as technologies of rhetorical persuasion that can be used to demonstrate subjective perspective, strengthen or impeach the credibility of witnesses, and provide the trier of fact with a better understanding of each side's perception of the facts at issue. …
Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck
Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck
Articles & Chapters
No abstract provided.
Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel
Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel
Articles & Chapters
No abstract provided.
Deductibility Of Treble Damages Paid For Breach Of National Health Service Corps Scholarship Contracts: The Misuse Of I.R.C. 265(A)(1) In Stroud V. United States And Of The Origin Of The Claim Test In Keane V. Commissioner, Richard C.E. Beck
Articles & Chapters
A deduction for treble damages paid for breach of the taxpayer's National Health Service Corps medical service obligation was erroneously denied under IRC 265(a)(1) in 'Stroud v. US', 906 F. Supp. 990 (1995). The provision does not apply because taxpayer's damages were not a cost of earning a tax-exempt scholarship which had been received many years earlier, but rather a deductible cost of buying out one employment obligation in order to earn taxable income in another. The history of IRC 265(a)(1) is analyzed and criticized. In 'Keane v. CIR', 75 TCM 2046 (1998), the taxpayer's deduction for current interest on …
No Toronto Nups For Irish, Arthur S. Leonard
Alaska Dp Benefits Must Begin, Arthur S. Leonard
Alaska Dp Benefits Must Begin, Arthur S. Leonard
Other Publications
No abstract provided.
Commentary: Former West Side Stables And Proposed East Side Tower Spawn Controversy, Ross Sandler
Commentary: Former West Side Stables And Proposed East Side Tower Spawn Controversy, Ross Sandler
Other Publications
No abstract provided.
International Human Rights And Comparative Mental Disability Law: The Role Of Institutional Psychiatry In The Suppression Of Political Dissent, Michael L. Perlin
International Human Rights And Comparative Mental Disability Law: The Role Of Institutional Psychiatry In The Suppression Of Political Dissent, Michael L. Perlin
Articles & Chapters
For many years, institutional psychiatry was a major tool in the suppression of political dissent. Moreover, it appears painfully clear that, while the worst excesses of the past have mostly disappeared, the problem is not limited to the pages of history. What is more, the revelations of the worst of these abuses (and the concomitant rectification of many of them) may, paradoxically, have created the false illusion that all the major problems attendant to questions of institutional treatment and conditions in these nations have been solved. This is decidedly not so.
Remarkably, the issue of the human rights of persons …
Tribute To Justice Antonin Scalia, Nadine Strossen
Tribute To Justice Antonin Scalia, Nadine Strossen
Articles & Chapters
No abstract provided.
The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann
The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann
Articles & Chapters
No abstract provided.
Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer
Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer
Articles & Chapters
No abstract provided.
The Most Dangerous Profession, Rebecca Roiphe
The Most Dangerous Profession, Rebecca Roiphe
Articles & Chapters
This article chronicles the history of the accounting profession and explains how it has consistently failed to preserve transparency in the markets and protect the public good. I argue that the culture of the profession is due in part to the failure of earlier administrative agencies to retain private auditors for public functions such as ratemaking. Drawing on this insight, I suggest that the culture of professions in general is shaped by the work that professionals do and functions that the profession has historically served.
Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer
Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer
Articles & Chapters
No abstract provided.
Gender Stereotyping: Expanding The Boundaries Of Title Vii: Proceedings Of The 2006 Annual Meeting, Association Of American Law Schools, Section On Employment Discrimination Law, Michelle A. Travis, Arthur S. Leonard, Joann Williams, Mirriam Cherry
Gender Stereotyping: Expanding The Boundaries Of Title Vii: Proceedings Of The 2006 Annual Meeting, Association Of American Law Schools, Section On Employment Discrimination Law, Michelle A. Travis, Arthur S. Leonard, Joann Williams, Mirriam Cherry
Articles & Chapters
No abstract provided.
Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza
Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza
Articles & Chapters
This preface to papers from the criminal law and procedure panels of the AALS Workshop on Integrating Transnational Legal Perspectives Into the First-Year Curriculum, which took place in Washington D.C. in January 2006, suggests a typology of transnational criminal matters - namely, matters of foreign criminal law or procedure, comparative criminal law or procedure, international criminal law or procedure, and extraterritorial aspects of domestic criminal law or procedure - and points readers to other publications on teaching transnational criminal matters in law school. The piece thus introduces the reader not only to the papers from the workshop but to teaching …
The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin
The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin
Articles & Chapters
This article examines the boundaries of judicial interpretation as courts struggle to define the families formed by lesbians, gay men and transexuals. It compares the jurisprudence of numerous state courts examining queer families in different contexts. The article identifies three interwoven components of judicial reasoning: "lex" reasoning, grounded in the jurisdiction's binding and persuasive law; factual reasoning in which the courts must categorize queer families as analogous to those the law already recognizes or instead as something quite new and distinct; and finally methodological reasoning, in which courts self-consciously examine the boundaries of their own interpretive authority. Showing that in …
Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana
Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana
Other Publications
No abstract provided.
Kumho For Clinicians In The Courtroom: Inconsistency In The Trial Courts, Michael L. Perlin
Kumho For Clinicians In The Courtroom: Inconsistency In The Trial Courts, Michael L. Perlin
Other Publications
No abstract provided.