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Justice

Touro University Jacob D. Fuchsberg Law Center

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Full-Text Articles in Law

Remembrance, Group Gripes, And Legal Frictions: Rule Of Law Or Awful Lore?, Aviam Soifer Jan 2022

Remembrance, Group Gripes, And Legal Frictions: Rule Of Law Or Awful Lore?, Aviam Soifer

Touro Law Review

The rise of groups that honor and seek to advance their particular imagined or real pasts has seemed increasingly dangerous in the years since Bob Cover’s death in 1986. This essay briefly examines the challenges such groups pose to Bob’s hope, and even his faith, that law and legal procedure could be bridges to more just worlds. It may not be ours to finish consideration of how to distinguish the Rule of Law from Awful Lore—both composed of exactly the same letters—but we should continue that task, with remembrance, even within our troubled world.


Rethinking Appeals, Uri Weiss Jan 2021

Rethinking Appeals, Uri Weiss

Touro Law Review

This paper makes the point that a court decision that is open to an appeal is akin to a take-it-or-leave-it settlement proposal for both parties. For the case to not be appealed, both parties need to “take,” i.e., accept, this proposal. Thus, on one hand, if both parties cannot achieve a settlement by themselves, they usually benefit from the right to appeal. On the other hand, a right to appeal activates the regressive effects that characterize settlements, which also applies to lower-court decisions. For example, legal uncertainty has a regressive effect on lower-court decisions: if the judge wishes to block …


Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron Jan 2020

Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron

Touro Law Review

No abstract provided.


Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine Jan 2018

Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine

Touro Law Review

No abstract provided.


The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr. Jan 2017

The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.

Touro Law Review

No abstract provided.


Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein Jan 2017

Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein

Touro Law Review

No abstract provided.


Sunlight And Shadows: Louis D. Brandeis On Privacy, Publicity, And Free Expression In American Democracy, Erin Coyle Jan 2017

Sunlight And Shadows: Louis D. Brandeis On Privacy, Publicity, And Free Expression In American Democracy, Erin Coyle

Touro Law Review

No abstract provided.


A Progressive Mind: Louis D. Brandeis And The Origins Of Free Speech, Elizabeth Todd Byron Jan 2017

A Progressive Mind: Louis D. Brandeis And The Origins Of Free Speech, Elizabeth Todd Byron

Touro Law Review

No abstract provided.


Table Of Contents Jan 2017

Table Of Contents

Touro Law Review

No abstract provided.


Foreword To The Conference: Louis D. Brandeis: An Interdisciplinary Retrospective, Samuel J. Levine Jan 2017

Foreword To The Conference: Louis D. Brandeis: An Interdisciplinary Retrospective, Samuel J. Levine

Touro Law Review

On March 31-April 1, 2016, Touro Law Center and the Jewish Law Institute hosted a national conference: Louis D. Brandeis: An Interdisciplinary Retrospective. More than thirty judges, lawyers, and scholars, across a broad range of disciplines and hailing from across the United States, explored a variety of themes that included, among others: Brandeis’s groundbreaking work as a lawyer and a scholar; his commitment to his Jewish heritage; his historic appointment to the United States Supreme Court; and his jurisprudence on the Court. In addition to the timeless quality of these themes, the timing of the conference was significant, taking place …


Justice Brandeis And Railroad Accidents: Fairness, Uniformity And Consistency, Larry Zacharias Jan 2017

Justice Brandeis And Railroad Accidents: Fairness, Uniformity And Consistency, Larry Zacharias

Touro Law Review

No abstract provided.


Solving A Mystery: Justice Brandeis’ Approach To Judicial Decision-Making, Judge Kermit V. Lipez Jan 2017

Solving A Mystery: Justice Brandeis’ Approach To Judicial Decision-Making, Judge Kermit V. Lipez

Touro Law Review

No abstract provided.


The Continuing Vitality Of Louis D. Brandeis’S Free Expression Jurisprudence, Frederick M. Lawrence Jan 2017

The Continuing Vitality Of Louis D. Brandeis’S Free Expression Jurisprudence, Frederick M. Lawrence

Touro Law Review

No abstract provided.


Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow Jan 2017

Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow

Touro Law Review

No abstract provided.


Louis Brandeis And Contemporary Antitrust Enforcement, Kenneth G. Elzinga, Micah Webber Jan 2017

Louis Brandeis And Contemporary Antitrust Enforcement, Kenneth G. Elzinga, Micah Webber

Touro Law Review

No abstract provided.


Louis Brandeis’S Vision Of Light And Justice As Articulated On The Side Of A Coffee Mug, Randy Lee Jan 2017

Louis Brandeis’S Vision Of Light And Justice As Articulated On The Side Of A Coffee Mug, Randy Lee

Touro Law Review

No abstract provided.


A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis D. Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab Jan 2017

A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis D. Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab

Touro Law Review

No abstract provided.


Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney Jan 2017

Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney

Touro Law Review

No abstract provided.


Louis Brandeis’S Arc Of Moral Justice, Katherine A. Helm Jan 2017

Louis Brandeis’S Arc Of Moral Justice, Katherine A. Helm

Touro Law Review

No abstract provided.


Privacy And Conformity: Rethinking “The Right Most Valued By Civilized Men”, Susan E. Gallagher Jan 2017

Privacy And Conformity: Rethinking “The Right Most Valued By Civilized Men”, Susan E. Gallagher

Touro Law Review

No abstract provided.


The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski Dec 2016

The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski

Touro Law Review

No abstract provided.


An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky Jun 2014

An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein May 2014

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein

Touro Law Review

No abstract provided.


Supreme Court Federalism Decisions, Leon Friedman Jan 2000

Supreme Court Federalism Decisions, Leon Friedman

Touro Law Review

No abstract provided.


A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken Jan 1994

A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken

Touro Law Review

No abstract provided.


Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore Jan 1989

Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore

Touro Law Review

No abstract provided.


Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein Jan 1988

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.