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Articles 1 - 30 of 43
Full-Text Articles in Law
Sanitation: Reducing The Administrative State’S Control Over Public Health, Lauren R. Roth
Sanitation: Reducing The Administrative State’S Control Over Public Health, Lauren R. Roth
Scholarly Works
On April 18, 2022, in Health Freedom Defense Fund, Inc. v. Biden, United States District Judge Kathryn Kimball Mizelle vacated the mask mandate issued by the Centers for Disease Control and Prevention. Following a framework laid out in other decisions restricting CDC actions in response to COVID-19, the court found that the agency lacked statutory authority to protect the public from the virus by requiring mask wearing during travel and at transit hubs because Congress did not intend such a broad grant of power. Countering decades of public health jurisprudence, the federal district court failed to defer to experts and …
Alexander Hamilton And Administrative Law: How America’S First Great Public Administrator Informs And Challenges Our Understanding Of Contemporary Administrative Law, Rodger D. Citron
Scholarly Works
Alexander Hamilton’s recognition and reputation have soared since the premiere of “Hamilton,” Lin-Manuel Miranda’s musical about him in 2015. For lawyers, Hamilton’s work on the Federalist Papers and service as the nation’s first Treasury Secretary likely stand out more than other aspects of his extraordinary life. Politics and economics were fundamental concerns addressed by the Framers in a number of ways, including what we now refer to as administrative law—the laws and procedures that guide government departments (or, as we say today, agencies). Indeed, “Hamilton” reminds us that questions of administration and administrative law have been with us since the …
New Scholarship On Streets, Michael Lewyn
New Scholarship On Streets, Michael Lewyn
Scholarly Works
An article discussing numerous recent articles in legal journals discussing the rise in automobile-related death and injury in the United States.
Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson
Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson
Touro Law Review
The pervasiveness, frequency, and intensity of fat shaming, bullying, and harassment experienced by fat people is well-documented, and three quarters of the American public support antidiscrimination protections for fat people. Yet fat people generally remain unprotected from discrimination under federal and state law in all but two jurisdictions. This Article traces these problems to the agendas of public health leaders, organizations (the Centers for Disease Control and Prevention and the World Health Organization), and associated industries, which are fighting an “obesity epidemic.” It describes some of their fat-shaming strategies and persistent public-health-crisis framings, as well as sensationalized presentations of research …
The Future Of Cryptocurrency And Real Estate Transactions, Rachel Silverstein
The Future Of Cryptocurrency And Real Estate Transactions, Rachel Silverstein
Touro Law Review
Bitcoin and other cryptocurrencies are all the rage right now and are beginning to make their ways into everyday transactions— including real estate transactions. This article discusses whether using cryptocurrencies to complete real estate transactions will become the norm in the near future. Cryptocurrency laws in general are few and far between, but laws surrounding cryptocurrency and real property are even more sparse. Recent case law involving cryptocurrency is a major focus of this article, along with background knowledge about cryptocurrency and the meaning of “money” as we know it today. The article concludes with a discussion about the unlikelihood …
For All Who Have Borne The Battle: A Wish List For The Incoming Secretary Of The United States Department Of Veterans Affairs, Benjamin Pomerance
For All Who Have Borne The Battle: A Wish List For The Incoming Secretary Of The United States Department Of Veterans Affairs, Benjamin Pomerance
Touro Law Review
No abstract provided.
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen M. Tani
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen M. Tani
Touro Law Review
No abstract provided.
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Touro Law Review
No abstract provided.
Incorporation By Reference In New York State, Bennett Liebman
Incorporation By Reference In New York State, Bennett Liebman
Touro Law Review
Incorporation by reference is a traditional procedural mechanism that allows for actors at each level of government to include all or parts of a previously enacted law into the newer version of the law by simply including a statement stating that the second law should be treated as if it was part of the primary law. While incorporation by reference could facilitate and streamline legislation, New York has seemingly banned incorporation by reference in Article III, § 16 of the State Constitution. However, even though this ban is in place, there are several limitations and exceptions placed on the ban …
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron
Touro Law Review
No abstract provided.
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Touro Law Review
No abstract provided.
Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil
Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil
Scholarly Works
No abstract provided.
Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff
Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff
Touro Law Review
No abstract provided.
The Calm After The Storm: 45 Years Of The Aba Young Lawyers Division’S Disaster Legal Services Program, Andrew Jack Vansingel
The Calm After The Storm: 45 Years Of The Aba Young Lawyers Division’S Disaster Legal Services Program, Andrew Jack Vansingel
Touro Law Review
No abstract provided.
Analyzing Justice Cardozo’S Opinions On The Constitutionality Of The New Deal, Robert J. Pushaw Jr
Analyzing Justice Cardozo’S Opinions On The Constitutionality Of The New Deal, Robert J. Pushaw Jr
Touro Law Review
No abstract provided.
The Downeaster Alexa: Iconic Male V. A Perfect Storm Of Regulations, Maureen A. Eggert
The Downeaster Alexa: Iconic Male V. A Perfect Storm Of Regulations, Maureen A. Eggert
Touro Law Review
No abstract provided.
Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray
Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray
Touro Law Review
No abstract provided.
"Gatekeeping" Agency Reliance On Scientific And Technical Materials After Daubert: Ensuring Relevance And Reliability In The Administrative Process, Paul S. Miller, Bert W. Rein
"Gatekeeping" Agency Reliance On Scientific And Technical Materials After Daubert: Ensuring Relevance And Reliability In The Administrative Process, Paul S. Miller, Bert W. Rein
Touro Law Review
No abstract provided.
Is The Veterans' Benefits Jurisprudence Of The U.S. Court Of Appeals For The Federal Circuit Faithful To The Mandate Of Congress?, Charles G. Mills
Is The Veterans' Benefits Jurisprudence Of The U.S. Court Of Appeals For The Federal Circuit Faithful To The Mandate Of Congress?, Charles G. Mills
Touro Law Review
No abstract provided.
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci
Touro Law Review
No abstract provided.
Qualified Immunity: Discretionary Function, Extraordinary Circumstances, And Other Nuances, Karen M. Blum
Qualified Immunity: Discretionary Function, Extraordinary Circumstances, And Other Nuances, Karen M. Blum
Touro Law Review
No abstract provided.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
The Soda Ban Or The Portion Cap Rule? Litigation Over The Size Of Sugary Drink Containers As An Exercise In Framing, Rodger D. Citron, Paige Bartholomew
The Soda Ban Or The Portion Cap Rule? Litigation Over The Size Of Sugary Drink Containers As An Exercise In Framing, Rodger D. Citron, Paige Bartholomew
Scholarly Works
The authors discuss the litigation over New York City’s “Portion Cap Rule,” which restricts the size of sugary drink containers. The authors provide a history of the rule, from its promulgation by the Board of Health to the Appellate Division’s decision invalidating the rule. The authors also comment on the dispute between the parties over how to frame the rule. Opponents of the rule characterize the measure as an unwarranted and unprecedented incursion of consumer choice and personal freedom. Proponents of the rule, including the City, view the rule as a modest measure intended to address obesity, a significant—even alarming—public …
The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
Scholarly Works
Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated for regulatory purposes. What attention has been paid concludes that the Framers were divided about how accessible search remedies should be. This Article explains why this conventional account is mostly wrong and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law. In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the patterns of preceding British civil search statutes. The …
Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme
Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme
Journal of Race, Gender, and Ethnicity
No abstract provided.
Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin
Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin
Scholarly Works
No abstract provided.
Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila
Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila
Scholarly Works
This Article examines the Supreme Court’s application of the "special needs" principle, which is part of its Fourth Amendment search and seizure jurisprudence, with an emphasis on suspicionless searches. It argues that both courts and commentators have insufficiently acknowledged the tension between the modern regulatory state, which is significantly dependent upon such searches, and adequately protecting liberty interests. The commentators who criticize the Court’s deference ignore that a deferential approach can be justified. Suspicionless civil searches, for example, are not necessarily incompatible with original intent. Moreover, the many proposals for reforming suspicionless civil search jurisprudence, such as reinvigorating the individualized …
Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin
Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin
Scholarly Works
No abstract provided.
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Scholarly Works
No abstract provided.
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Scholarly Works
No abstract provided.