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Full-Text Articles in Law

Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron Jun 2018

Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron

St. John's Law Review

(Excerpt)

This Note argues that the legislature should add a provision to New York’s Workers’ Compensation Act that expressly precludes jurors from coverage. Such a provision would comport with the policy underlying the statute, the statute’s structure, and the statute’s language. Moreover, that legislative provision would prevent the court from wasting the considerable time and expense of grappling with other courts’ inconsistent interpretations of workers’ compensation statutes and their underlying policies. First, Part I of this Note provides an overview of the workers’ compensation law and explores the policies underlying the advent of workers’ compensation statutes. Then, Part II surveys …


Breaking The Silence With A Permanent Mark: Preventing And Punishing Serial Rapists On College Campuses, Sarah Rose Silverhardt, Esq. Jan 2018

Breaking The Silence With A Permanent Mark: Preventing And Punishing Serial Rapists On College Campuses, Sarah Rose Silverhardt, Esq.

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note discusses the historical evolution of how Title IX came to incorporate sexual violent crimes on colleges and universities. Moreover, Part I defends the existence of Title IX. Specifically, it evaluates the value of the “Dear Colleague” letter (“the Letter”), which outlines the procedures and responsibilities of educational institutions to protect students and enforce a discrimination-free (specifically sexual violence free) environment on campuses. Part I concludes by discussing sanctions imposed on schools for non-compliance of Title IX procedures and thus, the limited success of Title IX on campuses.

Part II briefly discusses critiques of Title …


Incarcerating The Accused: Reforming Bail For The Pretrial Detention Of Juveniles And Youths Aged Eighteen To Twenty-One, Leigha A. Weiss Jan 2018

Incarcerating The Accused: Reforming Bail For The Pretrial Detention Of Juveniles And Youths Aged Eighteen To Twenty-One, Leigha A. Weiss

Journal of Civil Rights and Economic Development

(Excerpt)

This note addresses the injustice of pretrial detention on juveniles, minors, and youths aged eighteen to twenty-one, in New York State. This note will address juveniles, aged eighteen to twenty-one, who are subject to criminal proceedings in adult criminal court and incarceration in adult criminal facilities as well as juveniles or minors below the age of criminal responsibility who are subject to juvenile delinquency proceedings and incarceration in juvenile detention facilities. So many youths are in unnecessary detentions under horrific conditions in adults and juvenile correctional facilities across the country. Serious bail reform is long overdue to provide humane …


Finding Marriage Amidst A Sea Of Confusion: A Precursor To Considering The Public Purposes Of Marriages, Randy Lee Nov 2017

Finding Marriage Amidst A Sea Of Confusion: A Precursor To Considering The Public Purposes Of Marriages, Randy Lee

The Catholic Lawyer

No abstract provided.


Shh! State Legislators Bite Your Tongues: Semantics Dictates The Constitutionality Of Public School "Moment Of Silence" Statutes, Elizabeth Anne Walsh Nov 2017

Shh! State Legislators Bite Your Tongues: Semantics Dictates The Constitutionality Of Public School "Moment Of Silence" Statutes, Elizabeth Anne Walsh

The Catholic Lawyer

No abstract provided.


Religious Employers And Statutory Prescription Contraceptive Mandates, Susan J. Stabile Nov 2017

Religious Employers And Statutory Prescription Contraceptive Mandates, Susan J. Stabile

The Catholic Lawyer

No abstract provided.


Permissive Statute Of Limitation Policies, Francis S. Ainsa Oct 2017

Permissive Statute Of Limitation Policies, Francis S. Ainsa

The Catholic Lawyer

No abstract provided.


Emerging From Daimler's Shadow: Registration Statutes As A Means To General Jurisdiction Over Foreign Corporations, Nicholas D'Angelo Oct 2017

Emerging From Daimler's Shadow: Registration Statutes As A Means To General Jurisdiction Over Foreign Corporations, Nicholas D'Angelo

St. John's Law Review

(Excerpt)

This Note argues for the increased exercise of general jurisdiction based on registration statutes. Carefully drafted state statutes, explicitly stating that corporations registering to do business in a state thereby consent to general jurisdiction, not only solve the consequences of Daimler, but also fully comport with traditional values of fairness.

Part I outlines the jurisprudential history related to general jurisdiction. Section A begins with the concept of territoriality introduced in Pennoyer and the minimum contacts analysis in International Shoe, then discusses the modern doctrine in Perkins, Helicopteros, and Goodyear, culminating with Daimler. Section …


The Long-Arm's Inappropriate Embrace, Lynda Wray Black Oct 2017

The Long-Arm's Inappropriate Embrace, Lynda Wray Black

St. John's Law Review

(Excerpt)

Arguably, the heart balm torts have outlived their relevance in a society where marriage is no longer a necessary imprimatur for intimate relations, and where broken hearts and failed marriages are the statistical norm. A state’s resolute rejection of the heart balm torts in principle as well as applied to modern domestic relations mores need be checked neither by Constitutional protections of marriage nor by the need for uniformity among sister states. Therefore, one state need not and must not transport its domestic relations public policy across state lines. Mississippi’s expansive jurisdictional embrace of nonresidents, John Daly and Anna …


Provisions Of Uncompensated Care In American Hospitals: The Role Of The Tax Code, The Federal Courts, Catholic Health Care Facilities, And Local Governments In Defining The Problem Of Access For The Poor, Charles J. Milligan, Jr. Sep 2017

Provisions Of Uncompensated Care In American Hospitals: The Role Of The Tax Code, The Federal Courts, Catholic Health Care Facilities, And Local Governments In Defining The Problem Of Access For The Poor, Charles J. Milligan, Jr.

The Catholic Lawyer

No abstract provided.


Select State And Legislative Developments, Charles J. Tobin, Esq. Sep 2017

Select State And Legislative Developments, Charles J. Tobin, Esq.

The Catholic Lawyer

No abstract provided.


Select State And Legislative Developments, Howard J. Fetterhoff Sep 2017

Select State And Legislative Developments, Howard J. Fetterhoff

The Catholic Lawyer

No abstract provided.


Select State And Legislative Developments, Gerald D. D'Avolio, Esq. Sep 2017

Select State And Legislative Developments, Gerald D. D'Avolio, Esq.

The Catholic Lawyer

No abstract provided.


Esea Title I Litigation - A National View, Charles H. Wilson, Jr., Williams & Connolly Washington, D.C. Sep 2017

Esea Title I Litigation - A National View, Charles H. Wilson, Jr., Williams & Connolly Washington, D.C.

The Catholic Lawyer

No abstract provided.


Origin And Impact Of Government Regulations, George E. Reed Apr 2017

Origin And Impact Of Government Regulations, George E. Reed

The Catholic Lawyer

No abstract provided.


Origin And Impact Of Government Regulations, Rev. Charles M. Whelan, S.J. Apr 2017

Origin And Impact Of Government Regulations, Rev. Charles M. Whelan, S.J.

The Catholic Lawyer

No abstract provided.


The New York Marriage Equality Act And The Strength Of Its Religious Exceptions, Andrew R. Hamilton Feb 2017

The New York Marriage Equality Act And The Strength Of Its Religious Exceptions, Andrew R. Hamilton

Journal of Catholic Legal Studies

No abstract provided.


General Comments On The Legal Services Program In New York City, P. Vaughn Gearan Dec 2016

General Comments On The Legal Services Program In New York City, P. Vaughn Gearan

The Catholic Lawyer

No abstract provided.


Ending Discrimination: Positive Approaches For Government, Florence V. Lucas Dec 2016

Ending Discrimination: Positive Approaches For Government, Florence V. Lucas

The Catholic Lawyer

No abstract provided.


New York Abortion Reform - A Critique, Wilfred R. Caron Dec 2016

New York Abortion Reform - A Critique, Wilfred R. Caron

The Catholic Lawyer

No abstract provided.


Demythologizing Abortion Reform, Robert M. Byrn Dec 2016

Demythologizing Abortion Reform, Robert M. Byrn

The Catholic Lawyer

No abstract provided.


The New York Statutory Defense Of Entrapment: Need For A Judicial Gloss Dec 2016

The New York Statutory Defense Of Entrapment: Need For A Judicial Gloss

The Catholic Lawyer

No abstract provided.


New York's "Minor" Obscenity Statute Held Constitutional Dec 2016

New York's "Minor" Obscenity Statute Held Constitutional

The Catholic Lawyer

No abstract provided.


Divorce Law Reform In New York, Earl Phillips Dec 2016

Divorce Law Reform In New York, Earl Phillips

The Catholic Lawyer

No abstract provided.


The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice Dec 2016

The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice

The Catholic Lawyer

No abstract provided.


Canonical And Civil Matrimonial Actions: A Comparison, Msgr. Marion J. Reinhardt Nov 2016

Canonical And Civil Matrimonial Actions: A Comparison, Msgr. Marion J. Reinhardt

The Catholic Lawyer

No abstract provided.


First Conviction Under New York Barratry Statute Oct 2016

First Conviction Under New York Barratry Statute

The Catholic Lawyer

No abstract provided.


Homosexuality - A New Ground For Annulment? Oct 2016

Homosexuality - A New Ground For Annulment?

The Catholic Lawyer

No abstract provided.


Gambling Contract Not Violative Of Public Policy Oct 2016

Gambling Contract Not Violative Of Public Policy

The Catholic Lawyer

No abstract provided.


Comment: The Attorney's Dilemma - Practice Of Law In A Foreign State Oct 2016

Comment: The Attorney's Dilemma - Practice Of Law In A Foreign State

The Catholic Lawyer

No abstract provided.