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Articles 1 - 30 of 46
Full-Text Articles in Law
Rock Of Ages Corp. V. Secretary Of Labor, 170 F. 3d 148 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56
Rock Of Ages Corp. V. Secretary Of Labor, 170 F. 3d 148 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56
Circuit Court Opinions
No abstract provided.
Clark V. Commodity Futures Trading Com'n, 170 F. 3d 110 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56
Clark V. Commodity Futures Trading Com'n, 170 F. 3d 110 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56
Circuit Court Opinions
No abstract provided.
Eulogy: Esther Carapella, Roger J. Miner '56
Eulogy: Esther Carapella, Roger J. Miner '56
Memorials and Eulogies
No abstract provided.
Commodities Rulings Appealable To Circuit (New York Law Journal), Daniel Wise
Commodities Rulings Appealable To Circuit (New York Law Journal), Daniel Wise
News Articles
No abstract provided.
Attorney Hit With Sanctions For Poor Brief (New York Law Journal), Deborah Pines
Attorney Hit With Sanctions For Poor Brief (New York Law Journal), Deborah Pines
News Articles
No abstract provided.
Vouchsafing Democracy: On The Confluence Of Governmental Duty, Constitutional Right, And Religious Mission Symposium On Law And Religion, Ruti Teitel
Articles & Chapters
No abstract provided.
Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews
Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews
Articles & Chapters
No abstract provided.
The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii.
The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
The Standard Of Appellate Review For Scientific Evidence: Beyond Joiner And Scheffer, Randolph N. Jonakait
The Standard Of Appellate Review For Scientific Evidence: Beyond Joiner And Scheffer, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews
Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews
Articles & Chapters
No abstract provided.
Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews
Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews
Articles & Chapters
This paper describes the role of culture in perpetuating violence against women. It does this by contextualizing violence against women in South Africa within the grand project of transformation taking place there, and highlighting the possibilities of fundamental restructuring, with respect to rights and equality for women, when the feminist project intersects with the non-racial project. The paper, therefore, visits a familiar question, namely, the obstacles to transformation when the eradication of racism takes precedence over the elimination of sexism, as it historically has in South Africa. In addition, this paper describes recent attempts by the legislature and courts in …
When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard
When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard
Articles & Chapters
The first section of this article reviews the evidence, both historical and contemporary, documenting the existence and frequency of wrongful convictions. The next dissects an actual case to illustrate how an innocent person can be convicted and why, once the error has been corrected and the conviction is vacated, that person generally has no legal action for damages in the absence of indemnification legislation. The third section argues that society has a moral obligation to assist the wrongfully convicted; that indemnification legislation is a better approach than reliance on ''moral obligation" bills; and that enacting legislation is possible - just …
Eulogy: John S. Carapella, Roger J. Miner '56
Eulogy: John S. Carapella, Roger J. Miner '56
Memorials and Eulogies
No abstract provided.
A Tribute To Judge Frank X. Altimari, Roger J. Miner '56
Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas
Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas
Articles & Chapters
No abstract provided.
Observing Money, Marriage And Taxation, Ann F. Thomas
Observing Money, Marriage And Taxation, Ann F. Thomas
Articles & Chapters
No abstract provided.
Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht
Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht
Articles & Chapters
The prohibition against "clogging the equity of redemption" has been enforced by the courts for centuries, yet the traditional justifications (invoking fairness or unfair bargaining power) offered for this central premise of mortgage law are rather unconvincing, particularly in the commercial context. After describing and critiquing the traditional view, this article lays out an alternative justification for the equity of redemption, stressing the role of the law in fostering efficient renegotiation upon default. This view explains why the equity of redemption cannot be waived in the initial loan documents, and why it can be waived in subsequent workouts only if …
Surviving Title Vii: Defending Municipal Residency Requirements In Minority Communities, Erika L. Wood
Surviving Title Vii: Defending Municipal Residency Requirements In Minority Communities, Erika L. Wood
Articles & Chapters
No abstract provided.
Religion And The Public Defender, Sadiq Reza
Religion And The Public Defender, Sadiq Reza
Articles & Chapters
It takes a special breed to have the understanding, compassion
and dedication to do what criminal defense lawyers do .... As
for public defenders - they are doing God's work. If Christ had
been a lawyer, he would have been a public defender.
Virtually all public defenders fight a daily battle against burnout
and the creeping erosion of confidence that inevitably accompany
defending acts we cannot condone and protecting those who are
the source of so much harm and grief. . . . Whether the process
unfolds subtly or suddenly, all defenders must confront the disturbing
consequences of their zealous …
Ii Prodotto Di Marca E Ii Suo Mercato Derivato, Rudolph J.R. Peritz
Ii Prodotto Di Marca E Ii Suo Mercato Derivato, Rudolph J.R. Peritz
Articles & Chapters
The essay describes the most meaningful recent decisions of the Supreme Court of the United States and of lower courts on single brand aftermarkets for replacement parts and services, putting into historical context the market economics that inspires current antitrust jurisprudence. Particularly, it shows that the .post-classical approach has never entirely superceded neo-classical doctrines. Rather, several shifting tides of theory have swept, and still sweep, over the domain of antitrust doctrine influencing the debate unevenly.
Modern Coverture: Old Wine In Old Bottles, William P. Lapiana
Modern Coverture: Old Wine In Old Bottles, William P. Lapiana
Articles & Chapters
No abstract provided.
Half-Wracked Prejudice Leaped Forth: Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin
Half-Wracked Prejudice Leaped Forth: Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin
Articles & Chapters
Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and …
Ask The Professor: Give-Ups After Griffin — What Changes Are Needed Now?, Ronald Filler
Ask The Professor: Give-Ups After Griffin — What Changes Are Needed Now?, Ronald Filler
Articles & Chapters
No abstract provided.
Global Issues In Compensatory Justice: Introduction, Penelope Andrews
Global Issues In Compensatory Justice: Introduction, Penelope Andrews
Articles & Chapters
No abstract provided.
Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler
Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler
Articles & Chapters
No abstract provided.
An Elegant But Incomplete Analysis Of Delegation, David Schoenbrod
An Elegant But Incomplete Analysis Of Delegation, David Schoenbrod
Other Publications
No abstract provided.
Clean Air, Congress And The Constitution: Why Delegation Ruling Was Correct, David Schoenbrod
Clean Air, Congress And The Constitution: Why Delegation Ruling Was Correct, David Schoenbrod
Other Publications
No abstract provided.
Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas
Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas
Articles & Chapters
No abstract provided.
Thoughts On The Sprint Acquisition., Michael Botein
Thoughts On The Sprint Acquisition., Michael Botein
Articles & Chapters
No abstract provided.
In Tribute To The Outgoing Editors, Carl Monk, Paul Carrington, Gerald Korngold
In Tribute To The Outgoing Editors, Carl Monk, Paul Carrington, Gerald Korngold
Articles & Chapters
No abstract provided.