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What Is Property? Property Is Theft: The Lack Of Social Justice In U.S. Eminent Domain Law, Janet Thompson Jackson

St. John's Law Review

(Excerpt)

The first part of this Article examines private property rights and the tension between individual and governmental interests. The second part explores the ideals and evolution of justice and social justice. This Section gives historical account of justice and social justice to provide a framework for those principles as they relate to eminent domain law. Part III looks at the introduction of social justice into American jurisprudence and addresses two ways in which social justice has been advanced in the United States: through social movements and through legal reform. In this Section, I give examples of how those vehicles …

Church Schisms, Church Property, And Civil Authority, Calvin Massey

St. John's Law Review

(Excerpt)

Part I describes the varied nature of church organizations and the development of the constitutional doctrine that limits civil court involvement in the resolution of church property disputes. Part II explores the religious freedom interests of individuals and local congregations under conditions of religious division, using a Virginia statute that deals with this issue as the lens by which to examine the question. Part III assesses the circumstances under which reliance on internal church governance rules as the criterion for deciding church property may constitute a violation of either of the religion clauses. Part IV states the constitutional principles …

Judicial Independence: Is It Impaired Or Bolstered By Judicial Accountability?, Carmen Beauchamp Ciparick, Bradley T. King

St. John's Law Review

(Excerpt)

Tonight, we will continue the tradition of this stellar program that celebrates our former Dean Bellacosa's many contributions to the law school, the judiciary, and the legal profession. As a result of some brainstorming with Judge Bellacosa and others, I have chosen to continue the discussion of judicial independence and its corollary judicial accountability, and I particularly want to focus on how it is enhanced by an effective system of judicial discipline which we in New York are so very fortunate to enjoy.

The After-Shocks Of Twombly: Will We "Notice" Pleading Changes?, Ettie Ward

St. John's Law Review

(Excerpt)

Part I will briefly discuss the pre-Twombly view of notice pleadings. To some extent, our understanding of what the rules required and what lawyers actually did was a romanticized view of pleading. Actual pleadings were rarely as "barebones" as we imagine. Further, in recent decades, rules, statutes, court decisions, and practical considerations have further eroded the notice pleading construct.

Part II will give a brief synopsis of the Twombly decision and then discuss the majority and dissent's views on pleadings generally.

Part III will examine selected cases post-Twombly and make some general observations and predictions as to …

Supreme Court Law Clerks' Recollections Of October Term 1951, Including The Steel Seizure Cases, Charles C. Hileman, Abner J. Mikva, James C.N. Paul, Neal P. Rutledge, Marshall L. Small, William H. Rehnquist, Gregory L. Peterson, John Q. Barrett, Ken Gormley

St. John's Law Review

No abstract provided.

Supreme Court Law Clerks' Recollections Of Brown V. Board Of Education Ii, Gordon B. Davidson, Daniel J. Meador, Earl E. Pollock, E. Barrett Prettyman Jr., John Q. Barrett

St. John's Law Review

No abstract provided.

Tax Malpractice: Areas In Which It Occurs And The Measure Of Damages--An Update, Jacob L. Todres

St. John's Law Review

(Excerpt)

Primarily, this Article will analyze the tax malpractice cases that have been reported since Malpractice I was published from the vantage of substantive tax law to attempt to ascertain whether certain areas of tax law or certain aspects of tax practice seem to generate more malpractice claims than others. As a secondary inquiry, the Article will discuss the proper measure of damages recoverable on account of such malpractice.

Concluding Remarks, Rosemary C. Salomone

St. John's Law Review

(Excerpt)

The topic of our afternoon panel, "Achieving Diversity in the Classroom," grows out of the Supreme Court's most recent landmark decisions on affirmative action. In Gratz v. Bollinger and Grutter v. Bollinger, a severely divided Court affirmed the narrow use of race in university admissions. The Court, however, made clear that institutions could not base their decisions solely on race but must seriously consider "all the ways an applicant might contribute to a diverse educational environment."

Vicarious Snitching: Crime, Cooperation, And "Good Corporate Citizenship", Michael A. Simons

St. John's Law Review

(Excerpt)

This Article will examine corporate cooperation and the difficulties it can create for corporate decision-makers. Part I describes the principles of vicarious guilt that give prosecutors the power to demand corporate cooperation. Part II examines how prosecutors exercise their discretion in deciding whether to charge corporations with crimes. In Part III, the Article examines the cooperators. Just as a corporation's guilt is only vicarious, so too its cooperation can be only vicarious. In the end, it is not the corporation that cooperates, but its officers and directors-the men and women who make decisions for the corporation. For these vicarious …

Legal Dimensions Of Educational Vouchers, Rosemary C. Salomone

St. John's Law Review

(Excerpt)

This panel brings together four experts in the field of law and education, each presenting interesting and individual views on the legal and policy dimensions of the educational voucher question. All of them have thoughtfully written on this topic while some have played a role in key litigation and legislative efforts. Their insights shed light on the contentious questions underlying what has become one of the most heated debates in education today.

Reciprocal Dealing: A Rebirth?, Edward D. Cavanagh

St. John's Law Review

(Excerpt)

This article will examine the retooled reciprocity theory and the anticompetitive potential of reciprocal dealing practices under the law of (1) mergers, (2) monopolization, and (3) tying.

Disclosure As Consumer Protection: Unit Purchasers' Need For Additional Protections, Vincent Di Lorenzo

St. John's Law Review

(Excerpt)

Part One of this Article studies the embrace of full disclosure as the legislative approach to protect unit purchasers. The findings are that the embrace was without much forethought. In addition, this approach has prevented the imposition of substantive protections by administrative regulation. Finally, the legislature has not subsequently reconsidered its approach, and instead has become path dependent.

Part Two explores the deficiencies of a pure disclosure approach in protecting unit purchasers. The New York experience since 1985 is the focus of the study. The findings are that the statute permits the unit purchaser to be placed at risk, …

Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett

St. John's Law Review

No abstract provided.

The Civil Justice Reform Act Of 1990 And The 1993 Amendments To The Federal Rules Of Civil Procedure: Can Systematic Ills Afflicting The Federal Courts Be Remedied By Local Rules?, Edward D. Cavanagh

St. John's Law Review

(Excerpt)

This Article examines and analyzes (1) the wisdom of addressing pervasive problems in the federal civil practice system through local rules and (2) the likely combined impact of the CJRA and the 1993 Amendments on litigation in the federal courts. As discussed below, the plans to be implemented in each district pursuant to the CJRA will engraft yet another layer of local rules on top of a system that is already saturated with rules. Plans currently in effect in some districts have already generated much confusion and uncertainty among members of both the bench and bar. The confusion and …

Antitrust In The Second Circuit, Edward D. Cavanagh

St. John's Law Review

(Excerpt)

The Second Circuit has played a significant role in the development of the substantive law of antitrust. To be sure, most of the important antitrust precedents have emanated from the United States Supreme Court. This is precisely what Congress intended when it enacted the Expediting Act, which permitted direct appeals from district courts to the Supreme Court in government initiated actions. However, the repeal of the Expediting Act, coupled with the Supreme Court's arcane case selection process and the practical limitations on the Court's ability to hear cases, has shifted much of the burden of hearing and deciding antitrust …

The Litigator's Dilemma: Waiver Of Core Work Product Used In Trial Preparation, Ettie Ward

St. John's Law Review

(Excerpt)

This Article focuses on the protection from disclosure accorded to opinion or core work product when it is used, as intended, in pretrial preparation of cases. It is this use of opinion or core work product that brings the litigator to a dilemma. There are no explicit or "bright line" guides to advise the litigator when the use of such work product to prepare witnesses or the case will result in compelled disclosure of the materials to one's adversary. Thus, the litigator must either forego use of such materials to prepare his case, even if it adversely affects that …

Multistate Taxation Of Depositories: An Analysis Of Legislation Proposed By The American Bar Association, Jacob L. Todres

St. John's Law Review

(Excerpt)

In May, 1979, the Council of the American Bar Association Taxation Section established a joint task force, consisting of members from the Committee on Banking and Savings Institutions and the Committee on State and Local Taxation, to review the subject of multistate taxation of depositories. The Council thought that this was an especially propitious time for such a review, since the 1976 legislation had just opened an entirely new area of taxation for the states. It was hoped that recommendations might result, the implementation of which might prevent the confusion inherent in the multistate taxation of industry from being …