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Full-Text Articles in Law
Why Mississippi Should Reform Its Penal Code, Judith J. Johnson
Why Mississippi Should Reform Its Penal Code, Judith J. Johnson
Mississippi College Law Review
The Mississippi Penal Code was determined at the turn of this century to be the fifty-second-worst penal code in the United States. As much as Mississippi is often used to being - and is even proudly defiant for being - ranked low on national scales, this is an issue about which we should be deeply concerned. A well-drafted penal code is crucial because it is at the core of the primary value of justice. While we are experienced with being ranked last in many situations, often unfairly, the criticism of the Mississippi Penal Code is accurate. Although many of the …
Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar
Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar
Dickinson Law Review (2017-Present)
Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules …
Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile
Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile
Touro Law Review
No abstract provided.
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
Touro Law Review
No abstract provided.
The Johnson & Johnson Problem: The Supreme Court Limited The Armed Career Criminal Act's "Violent Felony" Provision—And Our Children Are Paying, Shelby Burns
Pepperdine Law Review
The Armed Career Criminal Act and United States Sentencing Guidelines prescribe sentence enhancements based upon a defendant’s prior convictions. In particular, these federal sentencing tools contain violent felony provisions that outline the requirements a state criminal statute must satisfy for a conviction to constitute a violent felony, making the convicted person eligible for a federal sentence enhancement. However, the Supreme Court’s holdings in Johnson v. United States, 559 U.S. 133 (2010) and Johnson v. United States, 135 S. Ct. 2551 (2015) severely limited the scope of both sentencing tools’ violent felony provisions, making it more difficult for certain crimes to …
Supreme Court, Bronx County, People V. Butler, Courtney Weinberger
Supreme Court, Bronx County, People V. Butler, Courtney Weinberger
Touro Law Review
No abstract provided.
Extraordinary Rendition: A Wrong Without A Right, Robert Johnson
Extraordinary Rendition: A Wrong Without A Right, Robert Johnson
University of Richmond Law Review
No abstract provided.
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Michigan Law Review
Cass Sunstein and Adrian Vermeule argue in Interpretation and lnstitutions that judicial interpretation of statutes and constitutions should take account both of the institutional framework within which interpretation takes place and of the consequences of different styles of interpretation; they further argue that this point has been neglected by previous scholars. The first half of the thesis is correct but obvious; the second half, which the authors state in terms emphatic to the point of being immodest, is incorrect. Moreover, the authors offer no feasible suggestions for how the relation between interpretation and the institutional framework might be studied better …
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule
Michigan Law Review
In law, problems of interpretation can be explored at different levels of generality. At the most specific level, people might urge that the Equal Protection Clause forbids affirmative action, or that the Food and Drug Act applies to tobacco products. At a higher level of generality, people might argue that the Equal Protection Clause should be interpreted in accordance with the original understanding of its ratifiers, or that the meaning of the Food and Drug Act should be settled with careful attention to its legislative history. At a still higher level of generality, people might identify the considerations that bear …
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
Touro Law Review
No abstract provided.
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
Touro Law Review
No abstract provided.
Prohibition Against Use Of State Money For Private Undertaking
Prohibition Against Use Of State Money For Private Undertaking
Touro Law Review
No abstract provided.
A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks
A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks
Touro Law Review
No abstract provided.
Property Rights Of Unmarried Cohabitants In New York: Proposal For Legislative Action Towards A More Equitable Future, Helene Kulczycki
Property Rights Of Unmarried Cohabitants In New York: Proposal For Legislative Action Towards A More Equitable Future, Helene Kulczycki
Touro Law Review
No abstract provided.
New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz
New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz
Touro Law Review
No abstract provided.
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Touro Law Review
No abstract provided.
Some Public Reactions To Procedural Methods, Michael L. Fansler
Some Public Reactions To Procedural Methods, Michael L. Fansler
Indiana Law Journal
An address delivered by Judge Michael L. Fansler of the Indiana Supreme Court at the mid-winter meeting of the Indiana State Bar Association, January 25, 1941.
The Jurisdiction Of Courts (Part 3), Bernard C. Gavit
The Jurisdiction Of Courts (Part 3), Bernard C. Gavit
Indiana Law Journal
No abstract provided.
The Jurisdiction Of Courts (Part 2), Bernard C. Gavit
The Jurisdiction Of Courts (Part 2), Bernard C. Gavit
Indiana Law Journal
No abstract provided.