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St. John's Law Review

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Granting Comity Its Due: A Proposal To Revive The Comity-Based Approach To Transnational Antisuit Injunctions, Haig Najarian Apr 2012

Granting Comity Its Due: A Proposal To Revive The Comity-Based Approach To Transnational Antisuit Injunctions, Haig Najarian

St. John's Law Review

No abstract provided.


Revisiting Dual-Class Stock, Douglas C. Ashton Apr 2012

Revisiting Dual-Class Stock, Douglas C. Ashton

St. John's Law Review

No abstract provided.


Turning Back The Clock On The Trial Of Equitable Defenses In New York, Bernard E. Gegan Apr 2012

Turning Back The Clock On The Trial Of Equitable Defenses In New York, Bernard E. Gegan

St. John's Law Review

No abstract provided.


Rpapl § 732(3): Appellate Division, First Department, Holds That Rpapl Prohibits Routine Scheduling Of Inquests Prior To Signing Default Judgments In Residential Summary Nonpayment Proceedings, Scott R. Saks Apr 2012

Rpapl § 732(3): Appellate Division, First Department, Holds That Rpapl Prohibits Routine Scheduling Of Inquests Prior To Signing Default Judgments In Residential Summary Nonpayment Proceedings, Scott R. Saks

St. John's Law Review

No abstract provided.


Cplr 4510: New York Legislature Adopts Statute Permitting Non-Disclosure Of Confidential Communications Between Certified Rape Crisis Counselors And Rape Victims, Adriana Yaryura Apr 2012

Cplr 4510: New York Legislature Adopts Statute Permitting Non-Disclosure Of Confidential Communications Between Certified Rape Crisis Counselors And Rape Victims, Adriana Yaryura

St. John's Law Review

No abstract provided.


Appellate Division, First Department, Recognizes An Exception To New York City's Sovereign Immunity, Pamela Mccormack Apr 2012

Appellate Division, First Department, Recognizes An Exception To New York City's Sovereign Immunity, Pamela Mccormack

St. John's Law Review

No abstract provided.


Appellate Division, Third Department, Rules That Injury-In-Fact Triggers Insurance Coverage Under Comprehensive General Liability Policy In New York When Property Damage Is Caused By Hazardous Material Leakage, Kevin D. Lewis Apr 2012

Appellate Division, Third Department, Rules That Injury-In-Fact Triggers Insurance Coverage Under Comprehensive General Liability Policy In New York When Property Damage Is Caused By Hazardous Material Leakage, Kevin D. Lewis

St. John's Law Review

No abstract provided.


No-Fault Medical Injury Compensation: Hoofbeats Or Pipe Dreams?, Michael Foster Apr 2012

No-Fault Medical Injury Compensation: Hoofbeats Or Pipe Dreams?, Michael Foster

St. John's Law Review

No abstract provided.


Removing The "Natural Distaste" From The Mouth Of The Supreme Court With A Criminal Fraud Amendment To Erisa's Anti-Alienation Rule, Charles T. Caliendo Jr. Apr 2012

Removing The "Natural Distaste" From The Mouth Of The Supreme Court With A Criminal Fraud Amendment To Erisa's Anti-Alienation Rule, Charles T. Caliendo Jr.

St. John's Law Review

No abstract provided.


Prohibitions And Restrictions On The Use Of Conventional Weapons, Howard S. Levie Apr 2012

Prohibitions And Restrictions On The Use Of Conventional Weapons, Howard S. Levie

St. John's Law Review

No abstract provided.


The Delineation Of Accountants' Legal Liability To Third Parties: Bily And Beyond, Bonita A. Daly, John M. Gibson Apr 2012

The Delineation Of Accountants' Legal Liability To Third Parties: Bily And Beyond, Bonita A. Daly, John M. Gibson

St. John's Law Review

No abstract provided.


Levin V. Commerce Energy: One Step Forward, One Step Back, Marshall Broad Apr 2012

Levin V. Commerce Energy: One Step Forward, One Step Back, Marshall Broad

St. John's Law Review

Recently, in Arthur Anderson LLP v. Carlisle, the Supreme Court resolved a split between the circuits dealing with this very issue. The court decided that § 16 of the FAA gives federal appellate courts jurisdiction to review an interlocutory appeal when a litigant appeals from an order denying a stay in litigation in favor of an arbitration, regardless of whether the litigant signed a written arbitration agreement or not. Before the decision, federal circuit courts disagreed whether a nonsignatory had the right to appeal an order by the district court refusing to compel arbitration. One group of circuits held that …


How Tarhaqa Allen V. New York City Police Department Jumped The Gun By Limiting Protective Searches To Outer Clothing, Anne Marie Esposito Apr 2012

How Tarhaqa Allen V. New York City Police Department Jumped The Gun By Limiting Protective Searches To Outer Clothing, Anne Marie Esposito

St. John's Law Review

This Comment analyzes the holding in Tarhaqa Allen v. N.Y.C. Police Department, which prohibits a police officer from searching a person’s bag or backpack, even if the officer reasonably suspects that the person is armed and dangerous. The court based its decision on Terry v. Ohio, where the Supreme Court upheld an outer clothing search for weapons. The court in Tarhaqa Allen concluded that all backpack searches exceed the scope of outer clothing and therefore must be banned. This Comment argues that police officers should be allowed to search backpacks because (1) the Supreme Court in Terry v. Ohio did …


Arbitration, Equitable Estoppel, And The Right To Interlocutory Appellate Review, Theodore J. Hawkins Apr 2012

Arbitration, Equitable Estoppel, And The Right To Interlocutory Appellate Review, Theodore J. Hawkins

St. John's Law Review

The Tax Injunction Act forbids federal courts from interfering with the “assessment, levy, or collection” of a state tax as long as a “plain, speedy, and efficient remedy” is available in state court. Effectively, this prevents federal courts from hearing challenges to state taxes based on constitutional grounds. Prior to and after the enactment of the Tax Injunction Act, federal courts used the principle of comity to decline jurisdiction over lawsuits that challenged state taxes, even if the Tax Injunction Act itself would not forbid such a lawsuit. In a 2004 decision, Hibbs v. Winn, the Supreme Court narrowed the …


John Hancock V. Harris Trust: Should Insurers' General Accounts Be Subject To Erisa?, Caroline J. Carucci Mar 2012

John Hancock V. Harris Trust: Should Insurers' General Accounts Be Subject To Erisa?, Caroline J. Carucci

St. John's Law Review

No abstract provided.


The Survey Of Pension-Related Case Law, Editorial Board Mar 2012

The Survey Of Pension-Related Case Law, Editorial Board

St. John's Law Review

No abstract provided.


Panel And Audience Dialogue, Editorial Board Mar 2012

Panel And Audience Dialogue, Editorial Board

St. John's Law Review

No abstract provided.


The Interaction Of Erisa And The Americans With Disabilities Act, Evan J. Spelfogel Mar 2012

The Interaction Of Erisa And The Americans With Disabilities Act, Evan J. Spelfogel

St. John's Law Review

No abstract provided.


Broken Promises: Implementation Of Financial Accounting Standards Board Rule 106, Erisa, And Legal Challenges To Modification And Termination Of Postretirement Health Care Benefit Plans, Marilyn J. Ward Ford Mar 2012

Broken Promises: Implementation Of Financial Accounting Standards Board Rule 106, Erisa, And Legal Challenges To Modification And Termination Of Postretirement Health Care Benefit Plans, Marilyn J. Ward Ford

St. John's Law Review

No abstract provided.


Protecting Pension Assets In Personal Bankruptcy, Jeanne Cullinan Ray Mar 2012

Protecting Pension Assets In Personal Bankruptcy, Jeanne Cullinan Ray

St. John's Law Review

No abstract provided.


Coping With The Reduced Limitation On "Compensation" Used Under Qualified Retirement Plans, Barry J. Bidjarano Mar 2012

Coping With The Reduced Limitation On "Compensation" Used Under Qualified Retirement Plans, Barry J. Bidjarano

St. John's Law Review

No abstract provided.


Revolution In The Board Room?, David George Ball Mar 2012

Revolution In The Board Room?, David George Ball

St. John's Law Review

No abstract provided.


Cpl 520.30: New York Supreme Court Holds That Defendant Has The Burden Of Proving That Collateral Posted To Indemnify A Bail Bond Obligor Is Not The Fruit Of Criminal Or Unlawful Activity, John C. Longmire Mar 2012

Cpl 520.30: New York Supreme Court Holds That Defendant Has The Burden Of Proving That Collateral Posted To Indemnify A Bail Bond Obligor Is Not The Fruit Of Criminal Or Unlawful Activity, John C. Longmire

St. John's Law Review

No abstract provided.


New York Court Of Appeals Adopts The Present Sense Impression Exception To The Rule Against Hearsay, Rose Margaret Casey Mar 2012

New York Court Of Appeals Adopts The Present Sense Impression Exception To The Rule Against Hearsay, Rose Margaret Casey

St. John's Law Review

No abstract provided.


Cruel And Unusual Punishment: The Ninth Circuit Analyzes Prison Security Policy With "Deliberate Indifference" To Penological Needs In Jordan V. Gardner, Ian M. Ogilvie Mar 2012

Cruel And Unusual Punishment: The Ninth Circuit Analyzes Prison Security Policy With "Deliberate Indifference" To Penological Needs In Jordan V. Gardner, Ian M. Ogilvie

St. John's Law Review

No abstract provided.


The Implications Of Waits V. Frito-Lay For Advertisers Who Use Celebrity Sound-Alikes, Patrick Buckley Mar 2012

The Implications Of Waits V. Frito-Lay For Advertisers Who Use Celebrity Sound-Alikes, Patrick Buckley

St. John's Law Review

No abstract provided.


Application Of The Good-Faith Exception In Instances Of A Predicate Illegal Search: "Reasonable" Means Around The Exclusionary Rule?, Gretchan R. Diffendal Mar 2012

Application Of The Good-Faith Exception In Instances Of A Predicate Illegal Search: "Reasonable" Means Around The Exclusionary Rule?, Gretchan R. Diffendal

St. John's Law Review

No abstract provided.


Recognition And Enforcement Of American Tort Judgments In Germany, Gerfried Fischer Mar 2012

Recognition And Enforcement Of American Tort Judgments In Germany, Gerfried Fischer

St. John's Law Review

No abstract provided.


Trans-Racial Adoption And The Statutory Preference Schemes: Before The "Best Interests" And After The "Melting Pot", David S. Rosettenstein Mar 2012

Trans-Racial Adoption And The Statutory Preference Schemes: Before The "Best Interests" And After The "Melting Pot", David S. Rosettenstein

St. John's Law Review

No abstract provided.


The Causes Of Popular Dissatisfaction With The Legal Profession, Edward D. Re Mar 2012

The Causes Of Popular Dissatisfaction With The Legal Profession, Edward D. Re

St. John's Law Review

No abstract provided.