Law Commons^™

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 …

The International Review | 2006 Fall, Michael Rhee

The International Review Newsletter

No Investigation of Coalition Forces in Iraq

Bolivia: A Lot of Gas for Partial Takeover?

More Limits on Conducting the “War on Terror”?

Enforcing Your Right to Contact a Consulate?

More Scrutiny for Foreign Investors?

Programmers to Receive Benefits

A Lumbering Trade Dispute Ends

Antartica a Foreign Country? It Depends.

Tracking Your Cybersteps in Europe

Insult Laws Still Threatening Basic Liberties?

Lack of Hospitality in Mexico City?

Global Trade Talks Suspended

Membership Obligations v. Arab-Israeli Conflict

New Human Rights Body and Its Membership

United Nations: Curbing the Right to Bear Arms?

Human Trafficking Concerns

Giving Security to Securities

Touch a …

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 …

The International Review | 2006 Spring, Michael Rhee

The International Review Newsletter

United States/EU: An agreement to wine about?

WTO: First decision on “Frankenfood”

Doha trade talks: Putting off hard decisions

UN: Defender of endangered cultures?

Delicate situation for caviar

Stopping child sex abuse via Foreign Commerce Clause

WTO: Soda tax goes flat

United States: Still master of the Internet domain?

Affordable medicines for poor nations?

UN: Cloning around for a treaty?

Final exhale for global warming treaty?

Limiting Guantanamo detainees’ access to courts?

UN: Old human rights group with new face?

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.

You Got No Secrets To Conceal: Considering The Application Of The Tarasoff Doctrine Abroad, Michael L. Perlin

Articles & Chapters

No abstract provided.

Ceremonial Swearing-In Of Congresswoman-Elect Kirsten E. Gillibrand, Roger J. Miner '56

Judges

No abstract provided.

The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56

Military Law

Judge Miner here describes his defense of a person he believes to be

the last civilian tried by court martial. The trial was conducted in

Korea in 1958 during Judge Miner's service as an officer in the

Judge Advocate General's Corps of the United States Army.

Although a challenge to the jurisdiction of the court martial was

rejected and the civilian defendant convicted of violating a currency

regulation, the conviction was set aside for another reason urged at

trial-the inadvertent repeal of the at-issue regulation. The Article

also includes a review of legal developments that occurred in the

aftermath of …

Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel

Articles & Chapters

No abstract provided.

Making America ‘The Land Of Second Chances’: Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele S. Williams

Articles & Chapters

No abstract provided.

The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann

Articles & Chapters

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

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 …

On Being Among Friends: A Response To Eugene Garver’S For The Sake Of Argument, Richard Sherwin

Articles & Chapters

No abstract provided.

Seeing The Forest And The Trees: Reconceptualizing State And Government Succession Reviewing: Tai-Heng Cheng, State Succession And Commercial Obligations (2006), Gregory W. Bowman

NYLS Law Review

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 …

A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker

Articles & Chapters

No abstract provided.

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

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

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. …

The Too Easy Historical Assumptions Of Crawford V. Washington, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Witnesses In The Confrontation Clause: Crawford V. Washington, Noah Webster, And Compulsory Process, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Dependency By Law: Poverty, Identity, And Welfare Privatization, Frank W. Munger

Articles & Chapters

Privatization of welfare reflects the political pressure to limit public responsibility for protection of social citizenship. Recent welfare reforms incorporate three classic market-like privatization mechanisms--contracting out services forcing allocation of a limited pool of benefits, and deregulation. Deregulation entails strategic diversion and disqualification of large numbers of would-be applicants who are left without alternatives to the labor market. In this article I discuss an empirical study of the effects of deregulation of welfare on the self-perceptions of recipients. Interviews with recipients and with low-wage health care workers, former recipients, show that, criticisms of welfare notwithstanding, they have embraced welfare reforms …

Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer

Articles & Chapters

No abstract provided.

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

Articles & Chapters

No abstract provided.

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 …

Judicial Review Under The Immigration And Nationality Act: Habeas Corpus And The Coming Of Real Id (1996-2005), David M. Mcconnell

NYLS Law Review

No abstract provided.

How Social Hierarchies Within The Personal Injury Bar Affect Case Screening Decisions, Mary Nell Trautner

NYLS Law Review

No abstract provided.

The Making Of A Constitution In Afghanistan, J. Alexander Thier

NYLS Law Review

No abstract provided.

The Failure Of Innocent Spouse Reform, Richard C.E. Beck

NYLS Law Review

No abstract provided.