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St. John's Law Review

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"Some Exceptional Condition"--The Anatomy Of A Decision Under Federal Rule Of Procedure 53(B), Patricia M. Wald Jun 2012

"Some Exceptional Condition"--The Anatomy Of A Decision Under Federal Rule Of Procedure 53(B), Patricia M. Wald

St. John's Law Review

No abstract provided.


Cplr 213(1): Six-Year "Catch-All" Statute Of Limitations Provision Is Applicable To A Claim Under The Taylor Law Alleging The Breach Of A Public Union's Duty Of Fair Representation, Russell G. Wohl Jun 2012

Cplr 213(1): Six-Year "Catch-All" Statute Of Limitations Provision Is Applicable To A Claim Under The Taylor Law Alleging The Breach Of A Public Union's Duty Of Fair Representation, Russell G. Wohl

St. John's Law Review

No abstract provided.


Under A Contract Containing A Broad Arbitration Clause And A Provision Specifically Authorizing Either Party To Seek Injunctive Relief Without Waiving Other Remedies, The Procurement Of A Court Ordered Preliminary Injunction Does Not Waive The Right To Arbitrate Issues On Which The Injunctive Relief Is Based, Michele R. Pistone Jun 2012

Under A Contract Containing A Broad Arbitration Clause And A Provision Specifically Authorizing Either Party To Seek Injunctive Relief Without Waiving Other Remedies, The Procurement Of A Court Ordered Preliminary Injunction Does Not Waive The Right To Arbitrate Issues On Which The Injunctive Relief Is Based, Michele R. Pistone

St. John's Law Review

No abstract provided.


Proving That Over Age Sixty Is Over The Hill For Police Officers: Eeoc V. Pennsylvania, James M. Wicks Jun 2012

Proving That Over Age Sixty Is Over The Hill For Police Officers: Eeoc V. Pennsylvania, James M. Wicks

St. John's Law Review

No abstract provided.


Establishing Recovery For Loss Of Enjoyment Of Life Apart From Conscious Pain And Suffering: Mcdougald V. Garber, Eric L. Kriftcher Jun 2012

Establishing Recovery For Loss Of Enjoyment Of Life Apart From Conscious Pain And Suffering: Mcdougald V. Garber, Eric L. Kriftcher

St. John's Law Review

No abstract provided.


Preclusion Of Judicial Review Of Agency Inaction Under The Administrative Procedure Act And Heckler V. Chaney: Center For Auto Safety V. Dole, Sokyoung Kevin An Jun 2012

Preclusion Of Judicial Review Of Agency Inaction Under The Administrative Procedure Act And Heckler V. Chaney: Center For Auto Safety V. Dole, Sokyoung Kevin An

St. John's Law Review

No abstract provided.


Adjudication Of Civil Rico Actions--State Courts Get An Offer They Can't Refuse: Lou V. Belzberg, Maria Allen Jun 2012

Adjudication Of Civil Rico Actions--State Courts Get An Offer They Can't Refuse: Lou V. Belzberg, Maria Allen

St. John's Law Review

No abstract provided.


Injunctive Relief For Trademark Infringement--The Second Circuit Misses The Mark: Home Box Office V. Showtime/The Movie Channel, Frederick P. Alimonti Jun 2012

Injunctive Relief For Trademark Infringement--The Second Circuit Misses The Mark: Home Box Office V. Showtime/The Movie Channel, Frederick P. Alimonti

St. John's Law Review

No abstract provided.


An Argument Against The Availability Of Punitive Damages In Commercial Arbitration, Karen Ruga Jun 2012

An Argument Against The Availability Of Punitive Damages In Commercial Arbitration, Karen Ruga

St. John's Law Review

No abstract provided.


The Rules Of Construction In Choice-Of-Law Cases In New York, Joseph A. Kilbourn, Jeffrey M. Winn Jun 2012

The Rules Of Construction In Choice-Of-Law Cases In New York, Joseph A. Kilbourn, Jeffrey M. Winn

St. John's Law Review

No abstract provided.


The Fabian Socialists And Law As An Instrument Of Social Progress: The Promise Of Gradual Justice, Elliott M. Abramson Jun 2012

The Fabian Socialists And Law As An Instrument Of Social Progress: The Promise Of Gradual Justice, Elliott M. Abramson

St. John's Law Review

No abstract provided.


Cpl § 270.35: Trial Judges Granted Broad Discretion To Discharge Juror Who Fails To Appear At The Trial Two Hours After Scheduled Time, Joseph J. Conklin Jun 2012

Cpl § 270.35: Trial Judges Granted Broad Discretion To Discharge Juror Who Fails To Appear At The Trial Two Hours After Scheduled Time, Joseph J. Conklin

St. John's Law Review

No abstract provided.


Cplr 4317(B): Equtiable Distribution Of Marital Assets Is Not A Proper Subject For A Compulsory Reference, Robert Joseph Rando Jun 2012

Cplr 4317(B): Equtiable Distribution Of Marital Assets Is Not A Proper Subject For A Compulsory Reference, Robert Joseph Rando

St. John's Law Review

No abstract provided.


Plaintiff May Sue State Employee In Supreme Court For Individual Tort Claim, Even If State Must Indemnify Employee, Carolyn Kearns Jun 2012

Plaintiff May Sue State Employee In Supreme Court For Individual Tort Claim, Even If State Must Indemnify Employee, Carolyn Kearns

St. John's Law Review

No abstract provided.


The Court Of Appeals Deals With The Issue Of Monetary Costs And Sanctions For Frivolous Litigation Practices, Joyce Onorato Abamont Jun 2012

The Court Of Appeals Deals With The Issue Of Monetary Costs And Sanctions For Frivolous Litigation Practices, Joyce Onorato Abamont

St. John's Law Review

No abstract provided.


Avoiding The Perils Of Judicial Treatywriting: In Re Korean Air Lines Disaster, Brian Whiteley Jun 2012

Avoiding The Perils Of Judicial Treatywriting: In Re Korean Air Lines Disaster, Brian Whiteley

St. John's Law Review

No abstract provided.


In Re John C.--An Opportunity For The New York Courts To Save Miranda From The Public Safety Exception, James G. Scotti Jun 2012

In Re John C.--An Opportunity For The New York Courts To Save Miranda From The Public Safety Exception, James G. Scotti

St. John's Law Review

No abstract provided.


Subject Matter Jurisdiction Over Transnational Securities Fraud Cases: Zoelsch V. Arthur Andersen & Co., Andrew R. Schleider Jun 2012

Subject Matter Jurisdiction Over Transnational Securities Fraud Cases: Zoelsch V. Arthur Andersen & Co., Andrew R. Schleider

St. John's Law Review

No abstract provided.


Ignorance Or Mistake Of Law--Will The Memory Ever Fade?: People V. Marrero, Athy Poulos-Mobilia Jun 2012

Ignorance Or Mistake Of Law--Will The Memory Ever Fade?: People V. Marrero, Athy Poulos-Mobilia

St. John's Law Review

No abstract provided.


Denial Of Subrogation Rights--A Question For The Court Or The Legislature?: Weinberg V. Dinger, Beth Jacobwitz Jun 2012

Denial Of Subrogation Rights--A Question For The Court Or The Legislature?: Weinberg V. Dinger, Beth Jacobwitz

St. John's Law Review

No abstract provided.


Beyond "The Wall": The American Financial System And Glass-Steagall Reform, Kelly A. Zazella Jun 2012

Beyond "The Wall": The American Financial System And Glass-Steagall Reform, Kelly A. Zazella

St. John's Law Review

No abstract provided.


Defendant's Discriminatory Use Of The Peremptory Challenge After Batson V. Kentucky, John J. Hoeffner Jun 2012

Defendant's Discriminatory Use Of The Peremptory Challenge After Batson V. Kentucky, John J. Hoeffner

St. John's Law Review

No abstract provided.


The Toxic Mortgage: Cercla Seeps Into The Commercial Lending Industry, Carolyn C. Cornell Apr 2012

The Toxic Mortgage: Cercla Seeps Into The Commercial Lending Industry, Carolyn C. Cornell

St. John's Law Review

No abstract provided.


The Expansive Scope Of Liable Parties Under Cercla, Owen T. Smith Apr 2012

The Expansive Scope Of Liable Parties Under Cercla, Owen T. Smith

St. John's Law Review

No abstract provided.


Natural Resources Damages Under Cercla: Here They Come, Ready Or Not, Andrew J. Simons, James M. Wicks Apr 2012

Natural Resources Damages Under Cercla: Here They Come, Ready Or Not, Andrew J. Simons, James M. Wicks

St. John's Law Review

No abstract provided.


Modern Environmental Insurance Law: "Sudden And Accidental", Seth A. Ribner Apr 2012

Modern Environmental Insurance Law: "Sudden And Accidental", Seth A. Ribner

St. John's Law Review

No abstract provided.


Introduction, Mario M. Cuomo Apr 2012

Introduction, Mario M. Cuomo

St. John's Law Review

No abstract provided.


Environmental Criminal Enforcement: A Mushroom Cloud, Richard J. Leon Apr 2012

Environmental Criminal Enforcement: A Mushroom Cloud, Richard J. Leon

St. John's Law Review

No abstract provided.


Dlr § 236(B): Appellate Division Expands Equitable Distribution Law To Include Educational Degrees As Marital Property Subject To Equitable Distribution, Laura B. Weiner Apr 2012

Dlr § 236(B): Appellate Division Expands Equitable Distribution Law To Include Educational Degrees As Marital Property Subject To Equitable Distribution, Laura B. Weiner

St. John's Law Review

No abstract provided.


Appellate Division Holds Defendant Not Entitled To Conviction Reversal Although Denied His Right To Counsel At Suppression Hearing, Jacqueline L. Sonner Apr 2012

Appellate Division Holds Defendant Not Entitled To Conviction Reversal Although Denied His Right To Counsel At Suppression Hearing, Jacqueline L. Sonner

St. John's Law Review

No abstract provided.