Law Commons^™

Getting To The Point: Pointers About Point Headings, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

The New York Loft Law, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

New York Residential Landlord-Tenant Law 101 For The Transactional Attorney, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Alternative Dispute Resolution In Real Estate Matters: The New York Experience, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Accommodations And Modifications In The New York City Housing Court For Litigants With Disabilities, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Guardians Ad Litem In Housing Court, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Why Do Businesses Use (Or Not Use) Arbitration Clauses?, Christopher R. Drahozal, Stephen J. Ware

Stephen Ware

A Woman's Worth, Kimberly D. Krawiec

Kimberly D. Krawiec

This Article examines three traditionally “taboo trades”: (1) the sale of sex, (2) compensated egg donation, and (3) commercial surrogacy. The Article purposely invokes examples in which the compensated provision of goods or services (primarily or exclusively by women) is legal, but in which commodification is only partially achieved or is constrained in some way. I argue that incomplete commodification disadvantages female providers in these instances, by constraining their agency, earning power, or status. Moreover, anticommodification and coercion rhetoric is sometimes invoked in these settings by interest groups who, at best, have little interest in female empowerment and, at worst, …

The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman

Deborah M. Weissman

The Cuban revolution has been described as “the longest running social experiment” in history, and one not well-received in the United States. The U.S. government responded to the revolution first with suspicion, and then hostility. Even while the current administration has acknowledged the failure of U.S. policy, few substantive changes have been announced and the narrative of Cuba in the United States continues to dwell almost exclusively on political repression and economic failure. The Cuban revolution, however, is a complex process, one that defies facile explanations. This article subscribes to the perspective offered by social scientists who urge “a more …

The Rise And Fall Of Employer Sanctions, David Bacon, Bill Ong Hing

Bill Ong Hing

Workplace Immigration and Customs Enforcement (ICE) raids by gun-wielding agents resulting in the mass arrests of dozens and sometimes hundreds of employees that were common under the George W. Bush administration appear to have ceased under the Obama administration. Legally questionable mass arrests in neighborhoods continue to occur in neighborhoods under the pretext of serving warrants on criminal aliens. However, disruptive, high-profile worksite raids appear to have subsided. Instead, the Obama administration has engaged in "silent raids" or audits of companies' records by federal agents that have resulted in the firing of thousands of undocumented workers. the administration defends these …

C.V., Jonathan A. Marcantel

Jonathan A. Marcantel

No abstract provided.

“Intelligence” Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power

Robert C. Power

No abstract provided.

Finding Footing In A Postmodern Conception Of Law, Bryan Druzin

Bocconi Legal Papers

The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. It will be argued that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or not, they are real in that they imbue a sense of value into conditions, and may thus serve as foundational principles …

Notas Sobre El Derecho El Poder Y La Familia, Pablo Marshall

Pablo Marshall

In these notes attempts to explain the constitutional model of family in Chile and discuss some implications that follow this model in light of the influence of law in relations of power into the family. Discusses the relationship of the family with the principle of subsidiarity, the understanding of this relationship by a neoliberal interpretation of this principle and the need for state intervention in intra-family relations, founded on a conception of freedom as non-domination.

Notas Sobre La Unidad Del Estado Como Principio Constitucional, Pablo Marshall

Pablo Marshall

No abstract provided.

¿Control Obligatorio Para Todos Los Tratados Internacionales? Crítica A Una Propuesta Inconveniente, Sergio Verdugo Sverdugor@Udd.Cl

Sergio Verdugo R.

No abstract provided.

Normative Dynamics Of Competition Laws, Piyabutr Bunaramrueang

piyabutr bunaramrueang

This article aims at providing a review on normative dynamics of competition laws. Although legal norms seem to be very stable, those norms governing economic activities are changing relatively fast. It is therefore an attempt to illustrate dynamic quality of laws by using competition laws as a major example of laws governing economic activities. I would like to discuss mainly over U.S. antitrust laws as the major model of competition laws, perhaps, for all other countries pursuing economic growth of free market. The dynamic quality of U.S. antitrust laws is essentially derived from its legal tradition that invites legal reasoning …

In The Best Interest Of The Child – Contemporary Parenthood, Tatiana Tolstoy Kongstad

Tatiana Tolstoy Kongstad

No abstract provided.

Private Ownership, Avihay Dorfman

Avihay Dorfman

Habeas And (Non-)Delegation, Paul Diller

Paul Diller

No abstract provided.

Shareholder Primacy And The Business Judgment Rule: Arguments For Expanded Corporate Democracy, Robert Sprague, Aaron Lyttle

Robert Sprague

There is a fundamental flaw in the law’s approach to corporate governance. While shareholder primacy is a well-established norm within U.S. corporate law, the business judgment rule essentially holds directors blameless when they fail to maximize shareholder wealth. During the past century, control of the corporation has passed from shareholders to managers. As a result, shareholders have little practical say in who runs the corporation, even though they cannot usually hold managers legally liable when those managers destroy shareholder wealth through incompetence. Despite a number of arguments asserting that shareholders do not deserve any additional management powers, this article concludes …

Strangers In A Strange Land: The Importance Of Better Compliance With The Consular Notification Rights, Cindy G. Buys, Scott D. Pollock, Ioana Navarrete

Cindy G. Buys

The right of a foreign national to contact his or her consulate upon arrest or detention in another country has been described as a fundamental and indispensible human right. Yet United States authorities have repeatedly failed to provide foreign nationals and their consulates with notice as required by law. This failure is evidenced by the explosion in litigation of consular notification rights in recent years.

This article explores some of the most interesting legal questions that are being raised in the area of consular notification rights. Drawing on the experiences and perspectives of three attorneys, member of the consular staff …

Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst

Stephen A Gerst

The Sixth Amendment right to an attorney is so fundamental that the United States Supreme Court has carefully developed requirements to ensure that an indigent defendant does not go to trial in any criminal case where there is a possibility of a deprivation of freedom without an attorney unless there is an affirmative waiver of the right to counsel on the record. However, the Supreme Court has not addressed what the record must show for finding that a defendant has lost his right to counsel as a result of the defendant's own misconduct toward the court or the defendant's attorney. …

Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte

Prof. Ryan T. Holte

Ryan T. Holte in “Restricting Fair Use to Save the News: A Proposed Change in Copyright Law to Bring More Profit to News Reporting” examines the present condition of the media and the economic and public policies behind protecting news. He further discusses current means of protecting information through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from news reporting.

Where Do We Come From? Innovation And Regulatory Response In The Banking Industry Before The Crisis, Bruno Meyerhof Salama

Bruno Meyerhof Salama

Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, Tom E. Simmons

Thomas E. Simmons

No abstract provided.

Social Security Spouse And Survivor Benefits 101: Practical Primer Part Ii (Or Another Reason To Put A Ring On It), Francine J. Lipman, James Williamson

Francine J. Lipman

As the country and courts continue to debate the importance of marriage in a variety of contexts, when determining Social Security benefits it is clear that marriage matters. Marriage matters for Social Security benefits planning because of meaningful spouse and survivor benefits. Given the broad and deep devastation of a record recession on retirement and saving accounts, including the continuing demise of defined benefit plans with joint and survivor benefits protection, Social Security benefits, generally, and spouse and survivor benefits, specifically, have become and will continue to be a more significant percentage of retirees’ income. As a result of the …

Who Watches The Watchmen? 'Vigilant Doorkeeping,' The Alien Tort Statute, & Possible Reform, Keith A. Petty

Keith A. Petty

The Alien Tort Statute (ATS) allows alien plaintiffs to file civil actions in U.S. district courts for torts violating the law of nations or U.S. treaties. After the 2nd Circuit’s Filartiga decision in 1980, the debate began as to whether the ATS was a useful tool against human rights violators or an intrusion into U.S. foreign relations. In 2004, the Supreme Court in Sosa v. Alvarez-Machain resolved some of the questions left open by Filartiga.

Sosa concluded that ATS claims must be limited to law of nations violations as well defined as those recognized in 1789. The Court tasked the …

Panel V Introductory Remarks: New Challenges - Arctic Marine Environment And Biodiversity, David D. Caron

David D. Caron

No abstract provided.

Consnet To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella

David F. Tavella

CONSENT TO SETTLE? A NEW TWIST IN THE TRI-PARTITE RELATIONSHIP BY DAVID F. TAVELLA Abstract This article examines the ethical obligations of defense counsel retained by a party’s insurance company regarding settlement of a case. The article examines the traditional relationship between an insured and retained defense counsel. the article next examines some alternative theories to describe the relationship, and the duties and obligation with each theory. The article next looks at the relationship between the insurer and insured, particularly the insurer’s ability to settle a case without the insured’s consent. The article next discusses defense counsel’s obligation under the …