Law Commons^™

The Criminalization Of Walking, Michael Lewyn

Scholarly Works

The simple act of walking is sometimes criminalized in the United States. Anti-jaywalking statutes and ordinances—originally motivated by auto-industry lobbyists in the 1920s—call for fines and, sometimes, imprisonment for crossing the street. Additionally, some localities have interpreted statutes against “child neglect” to encompass a parent’s decision to let their kid walk outside alone. The result of this criminalization? Such policies have reduced pedestrian liberty, increased automobile traffic and pollution, and created a disincentive for physical activity in the midst of an obesity and diabetes epidemic. In addition to discussing these effects, this Article argues that the purported safety benefits of …

Private Letters And The Law: Edith Wharton’S Questions About Ownership And The Right To Publish Private Letters, Deborah Hecht

Touro Law Review

No abstract provided.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Increased Importance Of Legal Writing In The Era Of “The Vanishing Trial”, Edward D. Re

Touro Law Review

No abstract provided.

Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali

Touro Law Review

No abstract provided.

Rico Section 1962(C) Enterprises And The Present Status Of The “Distinctness Requirement” In The Second, Third And Seventh Circuits, Lawrence A. Steckman

Touro Law Review

No abstract provided.

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf

Touro Law Review

This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.

First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the …

Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.

Touro Law Review

No abstract provided.

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx

Touro Law Review

No abstract provided.

Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller

Touro Law Review

No abstract provided.

Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine

Scholarly Works

No abstract provided.

You Can Only Race If You Can’T Win? The Curious Cases Of Oscar Pistorius & Caster Semenya, Shawn M. Crincoli

Scholarly Works

No abstract provided.

Rlt: A Preliminary Examination Of Religious Legal Theory As A Movement, Samuel J. Levine

Scholarly Works

No abstract provided.

Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler

Scholarly Works

Although federal, state and local government officials are subject to applicable codes of ethical conduct and are under the jurisdiction of ethics enforcement agencies created pursuant to these laws, ethics oversight agencies are limited in the breadth and scope of covered activities. With an increase in reported allegations of corruption, particularly at the local government level, this article explores the addition of the audit function, through inspectors general, to ensure greater transparency and accountability of public officials.

The article begins with a very brief historical overview of the emergence of the inspector general concept in Europe and its adoption in …

Lawyering Decisions—October 2009 Term, Eileen Kaufman

Scholarly Works

No abstract provided.

Contested Meanings: Achievement And Ambition At An Elite Law School, Deborah Waire Post

Scholarly Works

No abstract provided.

Applying Jewish Legal Theory In The Context Of American Law And Legal Scholarship: A Methodological Analysis, Samuel J. Levine

Scholarly Works

No abstract provided.

Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine

Scholarly Works

In this Essay, Levine focuses on a particular hermeneutic approach common to the interpretation of the Torah and the United States Constitution: a presumption against superfluity. This presumption accords to the text a considerable degree of omnisignificance, requiring that interpreters pay careful attention to every textual phrase and nuance in an effort to find its legal meaning and implications. In light of this presumption, it might be expected that normative interpretation of both the Torah and the Constitution would preclude a methodology that allows sections of the text to remain bereft of concrete legal application. In fact, however, both the …

Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman

Scholarly Works

No abstract provided.

Sprawl In Europe And America, Michael Lewyn

Scholarly Works

Defenders of suburban sprawl assert that sprawl is inevitable in affluent societies, based on trends in Western Europe. According to supporters of this Inevitability Theory, European cities have decentralized and become more car-dependent, thus proving that even where governments are more aggressively anti-sprawl than American government, anti-sprawl policies will be futile.

This Article compares Western Europe to the United States, and criticizes the Inevitabilty Theory on the grounds that:

(1) Europe is in fact far less automobile-dependent than the United States;
(2) Europe has not, contrary to the Inevitability Theory's claims, become more car-dependent and suburbanized in recent years; and …

Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik

Scholarly Works

No abstract provided.

The Lawyer Scribe: The Litchfield Law School, Laptops, And The Metaphysics Of Soul-Searching, Louise Harmon

Scholarly Works

No abstract provided.

Louis Marshall, Julius Henry Cohen, Benjamin Cardozo, And The New York Emergency Rent Laws Of 1920: A Case Study In The Role Of Jewish Lawyers And Jewish Law In Early Twentieth Century Public Interest Litigation, Samuel J. Levine

Scholarly Works

In this Article, Levine examines the litigation surrounding the New York Emergency Rent Laws of 1920. In particular, he focuses upon a series of cases litigated by two of the most prominent Jewish lawyers in United States in the first half of the twentieth century: Louis Marshall and Julius Henry Cohen. Among other notable aspects of the litigation, the cases reached the New York Court of Appeals and the United States Supreme Court, which at that time included two of the most eminent jurists in the history of the United States, Judge Benjamin N. Cardozo and Justice Oliver Wendell Holmes, …

Reflections On Responsibilities In The Public Square, Through A Perspective Of Jewish Tradition: A Brief Biblical Survey, Samuel J. Levine

Scholarly Works

In recent years, there has developed in the United States a substantial and growing interest in the role of religion in the public square. Within religious communities, the conversation has, at times, focused on the approach of specific religious traditions toward their own responsibilities to contribute to and influence the moral, ethical, and legal standards of American society. For Jewish communities living in the United States, these questions comprise yet another application of issues the Jewish people has confronted throughout its history. To the extent that the nature of American political and social structures differ significantly from those experienced by …

Charles Reich's Journey From The Yale Law Journal To The New York Times Best-Seller List: The Personal History Of The Greening Of America, Rodger D. Citron

Scholarly Works

No abstract provided.

Illuminating The Dark: The Stories Of Lowell B. Komie And The Pursuit Of Meaningful Work, Louise Harmon

Scholarly Works

No abstract provided.

"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky

Scholarly Works

No abstract provided.

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.