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2010

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Full-Text Articles in Law

Presidential Succession And Inability: Before And After The Twenty-Fifth Amendment, John D. Feerick Dec 2010

Presidential Succession And Inability: Before And After The Twenty-Fifth Amendment, John D. Feerick

Fordham Law Review

The Framers of the Constitution did not spend a great deal of time on the succession provisions, but just enough to get the nation started. The Twenty-Fifth Amendment answered questions they left open in the area of presidential inability and gave further significance to the Vice Presidency, which had been adopted almost as an afterthought. As strong as the system of presidential succession may appear, complacency can easily set in, leading to an unwillingness to confront gaps and defects that reveal themselves along the way.

Several gaps in the area of presidential inability are triggered by the absence of any ...


Front Matter Dec 2010

Front Matter

City University of New York Law Review

No abstract provided.


Introduction To The Cuny Law Review Dec 2010

Introduction To The Cuny Law Review

City University of New York Law Review

No abstract provided.


A Conversation With Chief Judge Jonathan Lippman, Jonathan Lippman Dec 2010

A Conversation With Chief Judge Jonathan Lippman, Jonathan Lippman

City University of New York Law Review

Dean Michelle Anderson welcomed New York Court of Appeals Chief Judge Jonathan Lippman to the City University of New York School of Law on February 3, 2011 to discuss his vision of what fully-realized justice for poor people can look like in the state of New York. The Chief Judge was introduced, first, by CUNY Law Review Editor-in-Chief Natasha Lycia Ora Bannan who commended him for his commitment to fully-funded legal services. The Chief Judge was then introduced by Dean Michelle Anderson who lauded him for his leadership with the Launch Pad for Justice Program, and Professor Natalie Gomez-Velez who ...


Law Reform And Transformative Change: A Panel At Cuny Law, Rikke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, Dean Spade Dec 2010

Law Reform And Transformative Change: A Panel At Cuny Law, Rikke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, Dean Spade

City University of New York Law Review

A panel discussion with Rickke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, and Dean Spade. April 1, 2010


Suspect Fits Description: Responses To Racial Profiling In New York City, Darius Charney, Jesus Gonzalez, David M. Kennedy, Noel Leader, Robert Perry Dec 2010

Suspect Fits Description: Responses To Racial Profiling In New York City, Darius Charney, Jesus Gonzalez, David M. Kennedy, Noel Leader, Robert Perry

City University of New York Law Review

A panel discussion with Darius Charney, Jesus Gonzalez, David Kennedy, Noel Leader, and Robert Perry. September 29, 2010


Promoting Self-Sufficiency? How Hra's Exclusion Of Incarceration From The Definition Of "Temporary Absence" Contradicts Statutory Mandates And Hurts New York Families, Matthew P. Main Dec 2010

Promoting Self-Sufficiency? How Hra's Exclusion Of Incarceration From The Definition Of "Temporary Absence" Contradicts Statutory Mandates And Hurts New York Families, Matthew P. Main

City University of New York Law Review

The New York City Human Resources Administration has implemented a policy that has a punitive and disproportionate impact on poor families of color. The policy departs from the legislative mandate to support New York’s neediest and most at risk by arbitrarily excluding incarceration from the definition of “temporary absence,” as it applies to the Cash Assistance program. Aside from the discriminatory impact on poor children and families, the policy decision comes at a higher cost to New York taxpayers in the midst of a financial crisis. This Comment evaluates the legal flaws in the policy, the persons it targets ...


Advocacy For Tenant And Community Empowerment: Reflections On My First Year In Practice, Shekar Krishnan Dec 2010

Advocacy For Tenant And Community Empowerment: Reflections On My First Year In Practice, Shekar Krishnan

City University of New York Law Review

In May 2009, the landlord of a rent-stabilized building in Williamsburg, Brooklyn openly declared his intention to force out the current tenants if they did not leave on their own. Located on North 8th Street right off trendy Bedford Avenue, the property was prime real estate in Williamsburg. The only obstacles that stood between the landlord and the potential for him to reap large profits were the rent-stabilized status of the building and all the tenants who paid the regulated rent, a fraction of the market rate. Once he forced those tenants to leave, he could “gut rehab” the apartments ...


Mainstreaming Privacy Torts, Danielle Keats Citron Dec 2010

Mainstreaming Privacy Torts, Danielle Keats Citron

California Law Review

No abstract provided.


Front Matter Dec 2010

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead Dec 2010

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Back Matter Dec 2010

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Hispanic National Bar Association Commission On The Status Of Latinas In The Legal Profession: Study On Latina Attorneys In The Public Interest Sector, Jill Lynch Cruz, Melinda S. Molina, Jenny Rivera Dec 2010

Hispanic National Bar Association Commission On The Status Of Latinas In The Legal Profession: Study On Latina Attorneys In The Public Interest Sector, Jill Lynch Cruz, Melinda S. Molina, Jenny Rivera

City University of New York Law Review

This Report was originally prepared for and published by the Hispanic National Bar Association.


The Tax Relief, Unemployment Insurance Reauthorization, And Job Creation Act Of 2010 (H.R. 4853), Neil E. Harl Dec 2010

The Tax Relief, Unemployment Insurance Reauthorization, And Job Creation Act Of 2010 (H.R. 4853), Neil E. Harl

Agricultural Law Digest

Note from the Editor:

This is a special edition of the Agricultural Law Digest published to provide our subscribers with the quickest access to Dr. Harl’s article on the new tax legislation. The article will also be published in the first issue in January 2011 but the issue will include new summaries of current developments.


Constraints Of The Agreement On South Asian Free Trade Area And Saarc Agreement On Trade In Services Militating Against Sub-Regional Trade Proliferation In South Asia, Rizwanul Islam Dec 2010

Constraints Of The Agreement On South Asian Free Trade Area And Saarc Agreement On Trade In Services Militating Against Sub-Regional Trade Proliferation In South Asia, Rizwanul Islam

Brigham Young University International Law & Management Review

No abstract provided.


A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han Dec 2010

A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han

Brigham Young University International Law & Management Review

No abstract provided.


Flexible Arbitration For The Developing World: Piero Foresti And The Future Of Bilateral Investment Treaties In The Global South, Andrew Friedman Dec 2010

Flexible Arbitration For The Developing World: Piero Foresti And The Future Of Bilateral Investment Treaties In The Global South, Andrew Friedman

Brigham Young University International Law & Management Review

No abstract provided.


American Antitrust Jurisprudence Applied To European Commission V. Intel, Paul Jones Dec 2010

American Antitrust Jurisprudence Applied To European Commission V. Intel, Paul Jones

Brigham Young University International Law & Management Review

No abstract provided.


Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones Dec 2010

Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones

BYU Law Review

No abstract provided.


Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia Dec 2010

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia

BYU Law Review

No abstract provided.


Justice Souter On Government Speech, Sheldon Nahmod Dec 2010

Justice Souter On Government Speech, Sheldon Nahmod

BYU Law Review

No abstract provided.


Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick Dec 2010

Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick

BYU Law Review

No abstract provided.


Government Speech And The Publicly Employed Attorney, Margaret Tarkington Dec 2010

Government Speech And The Publicly Employed Attorney, Margaret Tarkington

BYU Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government ...


Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson Dec 2010

Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson

BYU Law Review

No abstract provided.


Frontmatter Dec 2010

Frontmatter

BYU Law Review

No abstract provided.


The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald Dec 2010

The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald

BYU Law Review

No abstract provided.


The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea Dec 2010

The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea

BYU Law Review

No abstract provided.


Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter Dec 2010

Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter

BYU Law Review

No abstract provided.


Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess Dec 2010

Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess

BYU Law Review

No abstract provided.


Tempted To Make Big Gifts In 2010?, Neil E. Harl Dec 2010

Tempted To Make Big Gifts In 2010?, Neil E. Harl

Agricultural Law Digest

As the year 2010 enters its final month, with no federal estate tax in effect,1 no generation skipping transfer tax in effect2 and a federal gift tax at a rate of 35 percent,3 the temptation is to make major gifts late in 2010 if that is a step the donor would like to take. Such a move is particularly attractive under the assumption that the Congress will not enact legislation that will be retroactive to January 1, 2010 and impose a federal estate tax and a generation-skipping transfer tax for 2010 and that would also modify the ...