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Full-Text Articles in Law

The Trial, The Bench, The Net, And The First Amendment: The Possibilities Of Reform In New York State Judicial Elections, Robert Magee Dec 2012

The Trial, The Bench, The Net, And The First Amendment: The Possibilities Of Reform In New York State Judicial Elections, Robert Magee

Touro Law Review

No abstract provided.


The Praise Of Silly: Critical Legal Studies And The Roberts Court, James F. Lucarello Sep 2012

The Praise Of Silly: Critical Legal Studies And The Roberts Court, James F. Lucarello

Touro Law Review

This Comment demonstrates that the Supreme Court is lying to you in its opinions. Why is it lying? The short answer to this question is quite simple: It is being silly.

There is nothing inherently wrong with being silly. In fact, some praise silliness, as a heightened and healthy understanding of the indeterminate world that incorporates our reality. Silliness, how ever, is only praise-worthy when it is understood and utilized purposefully. The silliness of most of the Justices on the Supreme Court, on the other hand, is a product of self-delusion and fundamentalism, which makes their silliness not silly at …


Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii Sep 2012

Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii

Touro Law Review

Several employment discrimination decisions were handed down this Term. They were Ricci v.DeStefano (Title VII); Gross v.FBL Financial Services, Inc. (Age Discrimination in Employment Act); AT & T Corp. v. Hulteen (Pregnancy Discrimination Act); and 14 Penn Plaza L.L. C. v. Pyett, which concerned the impact of arbitration agreements upon the reach of federal employment discrimination laws.


The October 2008 Term: First Amendment And Then Some, Burt Neuborne Sep 2012

The October 2008 Term: First Amendment And Then Some, Burt Neuborne

Touro Law Review

Liberals must acknowledge a dirty little secret about American constitutional law; a secret that the Warren Court made apparent, though it had existed from the day John Marshall asserted the power of judicial review in a Constitution that says nothing about it. The secret is that there is no serious theory explaining or justifying what courts actually do when they strike down a statute as unconstitutional.

The Warren years were enormously important in moving the country forward. I do not know what we would have done without the wisdom and courage of the Court. But when you start looking for …


A Passion For Justice, Charles A. Reich Sep 2012

A Passion For Justice, Charles A. Reich

Touro Law Review

What makes a good judge or justice? The public has a need to know. But simplistic labels, such as "activist," "liberal" and "conservative," are both meaningless and misleading. Perhaps aformer law clerk can offer a different perspective.

I served with David J. Vann as law clerk to Justice Hugo L.Black during the momentous 1953 Term of the Supreme Court. This was the year when Brown v. Board of Education was decided. It was also the year when Chief Justice Vinson died and was replaced by the Governor of California, Earl Warren. And it was also a year in which the …


A Tribute To Judge Lazer, Rena C. Seplowitz Jul 2012

A Tribute To Judge Lazer, Rena C. Seplowitz

Touro Law Review

No abstract provided.


Leon Lazer: The Giant Among Us, Howard Glickstein Jul 2012

Leon Lazer: The Giant Among Us, Howard Glickstein

Touro Law Review

No abstract provided.


Bribery In The Judiciary: Rethinking Recusal And Judicial Elections In The Wake Of Caperton V. A.T. Massey Coal Co.: A Jewish Law Perspective, Jacob Z. Weinstein Jul 2012

Bribery In The Judiciary: Rethinking Recusal And Judicial Elections In The Wake Of Caperton V. A.T. Massey Coal Co.: A Jewish Law Perspective, Jacob Z. Weinstein

Touro Law Review

No abstract provided.


Getting It Right, Eileen Kaufman Jan 2012

Getting It Right, Eileen Kaufman

Touro Law Review

No abstract provided.


On The Occasion Of Leon Lazer’S 90th Birthday, Jeffrey B. Morris Jan 2012

On The Occasion Of Leon Lazer’S 90th Birthday, Jeffrey B. Morris

Touro Law Review

No abstract provided.


A Demanding Boss, Rodger D. Citron Jan 2012

A Demanding Boss, Rodger D. Citron

Touro Law Review

No abstract provided.


Ode To Judge Leon D. Lazer, Martin A. Schwartz Jan 2012

Ode To Judge Leon D. Lazer, Martin A. Schwartz

Touro Law Review

No abstract provided.