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Articles 1 - 8 of 8

Full-Text Articles in Law

Court Of Appeals Of New York - People V. White, Rosalinde Casalini Dec 2012

Court Of Appeals Of New York - People V. White, Rosalinde Casalini

Touro Law Review

No abstract provided.


Appellate Division, First Department - People V. Boyd, Joseph M. D'Amico Dec 2012

Appellate Division, First Department - People V. Boyd, Joseph M. D'Amico

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department - People V. Buchanan, Jacqulyn Vann Dec 2012

Appellate Division, Fourth Department - People V. Buchanan, Jacqulyn Vann

Touro Law Review

No abstract provided.


Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi Sep 2012

Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi

Michigan Journal of Race and Law

Today, an immigrant green card holder mandatorily detained pending his removal proceedings, without bail and without counsel, due to a minor crime committed perhaps long ago, faces a dire fate. If he contests his case, he may remain incarcerated in substandard conditions for months or years. While incarcerated, he will likely be unable to acquire a lawyer, access family who might assist him, obtain key evidence, or contact witnesses. In these circumstances, he will nearly inevitably lose his deportation case and be banished abroad from work, family, and friends. The immigrant's one chance to escape these cascading events is the …


The Confirmation Of Punitive Awards In Arbitration: Did Due Process Disappear?, Stuart M. Boyarsky Mar 2012

The Confirmation Of Punitive Awards In Arbitration: Did Due Process Disappear?, Stuart M. Boyarsky

Pepperdine Dispute Resolution Law Journal

Part I of this article provides a brief overview of the reasoning behind the limited judicial review of an arbitral award. Part II describes the state action doctrine and explains how several courts have used the doctrine in order to apply due process protection to proceedings involving private actors. In particular, this section discusses several significant decisions that involve the issue of whether a court's confirmation of an arbitrator's award of punitive damages creates state action and requires the application of constitutional protections such as due process. This Note concludes that due to a leading decision by the Eleventh Circuit, …


Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel Jan 2012

Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel

Northwestern Journal of Law & Social Policy

This Essay begins by identifying the various kinds of partiality the Justices of the Supreme Court can have in the cases they decide. Although there is widespread recognition of the influence these biases might have, for the most part the Justices continue to write opinions as if they (and other judges) were entirely disinterested. This practice is often thought to be justified as a source of judicial legitimacy, but there are a number of reasons to doubt that a pretense of impersonality is actually important for maintaining respect for the Court. Consequently, the possibility has to be considered that the …


The Constitutional Foundation For Federal Medical Liability Reform, Mark A. Behrens, Cary Silverman Jan 2012

The Constitutional Foundation For Federal Medical Liability Reform, Mark A. Behrens, Cary Silverman

Journal of Health Care Law and Policy

No abstract provided.


My Fellow Americans, We Are Going To Kill You: The Legality Of Targeting And Killing U.S. Citizens Abroad, Mike Dreyfuss Jan 2012

My Fellow Americans, We Are Going To Kill You: The Legality Of Targeting And Killing U.S. Citizens Abroad, Mike Dreyfuss

Vanderbilt Law Review

Silent and cold. At twenty thousand feet, the temperature is minus ten degrees Fahrenheit. At almost a thousand miles per hour, sound cannot keep up. Heat and noise struggle in the turbulence. Three miles away, seven thousand miles from American soil, an American citizen driving an empty road has ten seconds to live. As a leader in an organization actively engaged in armed conflict against the United States, this American citizen has become an enemy of the United States. In response to the threat he poses to his fellow Americans, his government added him to a kill list, targeted him, …