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2003

New York Law School

Articles 1 - 30 of 92

Full-Text Articles in Law

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. ยง 1959. VCAR provides for the federal prosecution of violent crime "when those allegedly responsible participated ...


Testimonial Dinner: George And Joanne Dixon, Roger J. Miner '56 Jan 2003

Testimonial Dinner: George And Joanne Dixon, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.


Remarks, Unveiling Of The Portrait Of Judge Roger J. Miner '56, Roger J. Miner '56 Jan 2003

Remarks, Unveiling Of The Portrait Of Judge Roger J. Miner '56, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.


Eulogy: Dr. Theodore L. Biddle, Roger J. Miner '56 Jan 2003

Eulogy: Dr. Theodore L. Biddle, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.


Table Of Contents Jan 2003

Table Of Contents

NYLS Journal of International and Comparative Law

No abstract provided.


Introduction To Faculty Presentation Day Issue, Richard A. Matasar Jan 2003

Introduction To Faculty Presentation Day Issue, Richard A. Matasar

NYLS Journal of International and Comparative Law

No abstract provided.


Postscript To The Environment And The World Trade Organization, Amy Wichowski Jan 2003

Postscript To The Environment And The World Trade Organization, Amy Wichowski

NYLS Journal of International and Comparative Law

No abstract provided.


Protecting Testamentary Freedom In The United States By Introducing Into Law The Concept Of The French Notaire, Nicole M. Reina Jan 2003

Protecting Testamentary Freedom In The United States By Introducing Into Law The Concept Of The French Notaire, Nicole M. Reina

NYLS Journal of International and Comparative Law

No abstract provided.


Random Suspicionless Drug Testing: Are Students No Longer Afforded Fourth Amendment Protections?, Garth Thomas Jan 2003

Random Suspicionless Drug Testing: Are Students No Longer Afforded Fourth Amendment Protections?, Garth Thomas

NYLS Journal of International and Comparative Law

No abstract provided.


Corporations Don't Kill People - People Do: Exploring The Goals Of The United Kingdom's Corporate Homicide Bill, Vincent Todarello Jan 2003

Corporations Don't Kill People - People Do: Exploring The Goals Of The United Kingdom's Corporate Homicide Bill, Vincent Todarello

NYLS Journal of International and Comparative Law

No abstract provided.


Foreign Students V. National Security: Will Denying Education Prevent Terrorism?, David Treyster Jan 2003

Foreign Students V. National Security: Will Denying Education Prevent Terrorism?, David Treyster

NYLS Journal of International and Comparative Law

No abstract provided.


Democracy By Decree: What Happens When Courts Run Government (2003), Ross Sandler, David Schoenbrod Jan 2003

Democracy By Decree: What Happens When Courts Run Government (2003), Ross Sandler, David Schoenbrod

Books

Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are controlled by attorneys and judges rather than governors and mayors. In this book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected - and accountable - officials.

Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making ...


Transitional Justice Genealogy (Symposium: Human Rights In Transition), Ruti G. Teitel Jan 2003

Transitional Justice Genealogy (Symposium: Human Rights In Transition), Ruti G. Teitel

Articles & Chapters

No abstract provided.


What Happened To The Skeptical Environmentalist, David Schoenbrod, Christi Wilson Jan 2003

What Happened To The Skeptical Environmentalist, David Schoenbrod, Christi Wilson

Articles & Chapters

This essay focuses on the critical reaction to Bjorn Lomborg's book, The Skeptical Environmentalist. After the book was glowingly reviewed in the Washington Post, the Economist, and other influential publications, it was critically reviewed in Scientific American, Nature, and Science and criticized by environmental organizations. The criticism went beyond trying to show him wrong on environmental policy to claim that he should be disqualified as a participant in debates on environmental policy. The basis for the disqualification was that he does not understand the science or was disingenuous in his treatment of it. In analyzing this effort to disqualify ...


When The Endowment Tanks, Jeffrey J. Haas Jan 2003

When The Endowment Tanks, Jeffrey J. Haas

Articles & Chapters

No abstract provided.


Designing Deliberative Democracy In Cyberspace: The Role Of The Cyber-Lawyer, Beth Simone Noveck Jan 2003

Designing Deliberative Democracy In Cyberspace: The Role Of The Cyber-Lawyer, Beth Simone Noveck

Articles & Chapters

No abstract provided.


Begged, Borrowed Or Stolen: Whose Art Is It, Anyway - An Alternative Solution Of Fine Art Licensing, Judith Bresler Jan 2003

Begged, Borrowed Or Stolen: Whose Art Is It, Anyway - An Alternative Solution Of Fine Art Licensing, Judith Bresler

Articles & Chapters

Part II


Rethinking The Death Penalty: Can We Define Who Deserves Death?, Martin Leahy, Robert Blecker, William M. Erlbaum, Jeffrey Fagan, Norman Greene, Jeffrey Kirchmeier, David Von Drehle Jan 2003

Rethinking The Death Penalty: Can We Define Who Deserves Death?, Martin Leahy, Robert Blecker, William M. Erlbaum, Jeffrey Fagan, Norman Greene, Jeffrey Kirchmeier, David Von Drehle

Articles & Chapters

No abstract provided.


The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii. Jan 2003

The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.


You Have Discussed Lepers And Crooks. Sanism In Clinical Teaching, Michael L. Perlin Jan 2003

You Have Discussed Lepers And Crooks. Sanism In Clinical Teaching, Michael L. Perlin

Articles & Chapters

There is a robust clinical literature on how issues of race and gender may influence all aspects of the clinicalsetting: the relationship between student and client, the relationship between student and student, the relationship between student and clinical supervisor, the attitude of the fact-finder toward the clinical client. But there has been virtually no attention paid to the role of sanism in the clinical setting.

Sanism is an irrational prejudice of the same quality and character as other irrational prejudices that cause and are reflected in prevailing social attitudes of racism, sexism, homophobia and ethnic bigotry. It permeates all aspects ...


Hercules, Omniscience, Omnipotence, And The Right Answer Thesis, Michael B.W. Sinclair Jan 2003

Hercules, Omniscience, Omnipotence, And The Right Answer Thesis, Michael B.W. Sinclair

NYLS Journal of International and Comparative Law

No abstract provided.


The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills Jan 2003

The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills

Articles & Chapters

Unpublished appellate judicial opinions present formidable challenges for modern legal researchers, from both practical and ethical points of view. The practice of selective publication of court opinions, and attendant court rules that restrict citation of unpublished opinions, have long been the subject of debate within legal profession. The recent case of Anastasoff v. United States, 223 F.3d 898 (8th Cir. 2000), vacated as moot 235 F.3d 1054 (8th Cir. 2000), has rekindled this debate, giving it a new constitutional dimension, and placing it squarely within the context of judicial accountability and the appropriate separation of powers among our ...


Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer Jan 2003

Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer

Articles & Chapters

No abstract provided.


Harmonizing Rules 609 And 608 (B) Of The Federal Rules Of Evidence, Donald H. Zeigler Jan 2003

Harmonizing Rules 609 And 608 (B) Of The Federal Rules Of Evidence, Donald H. Zeigler

Articles & Chapters

No abstract provided.


The Demise Of The Information Superhighway, Michael Botein Jan 2003

The Demise Of The Information Superhighway, Michael Botein

Articles & Chapters

No abstract provided.


A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused Jan 2003

A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused

Articles & Chapters

No abstract provided.


She Breaks Just Like A Little Girl: Neonaticide, The Insanity Defense, And The Irrelevance Of Ordinary Common Sense, Michael L. Perlin Jan 2003

She Breaks Just Like A Little Girl: Neonaticide, The Insanity Defense, And The Irrelevance Of Ordinary Common Sense, Michael L. Perlin

Articles & Chapters

No abstract provided.


Life Is In Mirrors, Death Disappears: Giving Life To Atkins, Michael L. Perlin Jan 2003

Life Is In Mirrors, Death Disappears: Giving Life To Atkins, Michael L. Perlin

Articles & Chapters

No abstract provided.


Legal Services In The Doha Round, Sydney M. Cone Iii. Jan 2003

Legal Services In The Doha Round, Sydney M. Cone Iii.

Articles & Chapters

As a subcategory of professional services and a sub-subcategory of business services, legal services, when supplied transnationally, are the subject of negotiation in the current round of multilateral trade negotiation known as the Doha Round. The negotiations on legal services that take place in the Doha Round have considerable potential for affecting the economics and activities of lawyers and law firms, and for influencing the content of local professional rules governing the practice of law. This article examines that potential.


Legal Services And The Doha Round Dilemma, Sydney M. Cone Iii. Jan 2003

Legal Services And The Doha Round Dilemma, Sydney M. Cone Iii.

Articles & Chapters

This article examines the nexus between two international topics, namely, trade negotiations, and regulation of the cross-border practice of law. Admittedly, this nexus is not found at a conventional crossroads. Legal services lie somewhat at the periphery of international trade measured in terms of the global value of goods, services and investment used to define major international economic relationships, or to define priorities in the formulation of national and transnational economic policies. Moreover, trade negotiators hardly figure amongst the principal regulators having responsibility for the professional conduct of individuals and firms engaged in the practice of law.

Notwithstanding the somewhat ...