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Articles 1 - 30 of 39
Full-Text Articles in Law
Memorial Service, Hon. Howard G. Munson, Roger J. Miner '56
Memorial Service, Hon. Howard G. Munson, Roger J. Miner '56
Memorials and Eulogies
No abstract provided.
A Significant Symposium, Roger J. Miner '56
A Significant Symposium, Roger J. Miner '56
New York Law School Events and Publications
No abstract provided.
Oregon Partner Law Blocked, Arthur S. Leonard
Oregon Partner Law Blocked, Arthur S. Leonard
Other Publications
No abstract provided.
Ny Appeals Court Recognizes Canadian Marriage, Arthur S. Leonard
Ny Appeals Court Recognizes Canadian Marriage, Arthur S. Leonard
Other Publications
No abstract provided.
Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin
Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin
Articles & Chapters
This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons withDisabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us to …
New Asylum Chance For Gay Egyptian, Arthur S. Leonard
New Asylum Chance For Gay Egyptian, Arthur S. Leonard
Other Publications
No abstract provided.
Academic Freedom Claim Nixed, Arthur S. Leonard
Academic Freedom Claim Nixed, Arthur S. Leonard
Other Publications
No abstract provided.
Book Review Of Dalia Mitchell’S Architect Of Justice: Felix S. Cohen And The Founding Of American Pluralism, Edward A. Purcell Jr.
Book Review Of Dalia Mitchell’S Architect Of Justice: Felix S. Cohen And The Founding Of American Pluralism, Edward A. Purcell Jr.
Other Publications
No abstract provided.
The Class Action Fairness Act In Perspective: The Old And The New In Federal Jurisdictional Reform, Edward A. Purcell Jr.
The Class Action Fairness Act In Perspective: The Old And The New In Federal Jurisdictional Reform, Edward A. Purcell Jr.
Articles & Chapters
The Class Action Fairness Act of 2005 (CAFA) was the product of an extended and well-organized political campaign. In Congress, its passage required a grinding eight-year effort, several modifications to the original proposal, numerous committee hearings, multiple reports by both Houses, political compromises that drew some Democratic support, two unsuccessful attempts to terminate debate in the Senate by imposing cloture, and strenuous efforts to amend in both the House and Senate when the bill came to the floor for a final vote. Passage also required Republican control of both Houses of Congress and the presidency as well.
Another Ny Civil Union Recognition Loss, Arthur S. Leonard
Another Ny Civil Union Recognition Loss, Arthur S. Leonard
Other Publications
No abstract provided.
Foreword, Corporate Governance Five Years After Sarbanes-Oxley: Is There Real Change, Faith Stevelman
Foreword, Corporate Governance Five Years After Sarbanes-Oxley: Is There Real Change, Faith Stevelman
Articles & Chapters
No abstract provided.
Immigrant Dom. Partners Lose, Arthur S. Leonard
Immigrant Dom. Partners Lose, Arthur S. Leonard
Other Publications
No abstract provided.
Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin
Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin
Articles & Chapters
This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons with Disabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us …
Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker
Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker
Articles & Chapters
This brief essay argues that any attempt by the U.S. Supreme Court and others to establish a painless punishment, especially lethal injection, fails logically and morally.
From the beginning, by definition, etymologically and existentially, “punishment” and “pain” have been inseparably connected. Those who advocate ‘painless punishment’ call for contradiction. Whether looking to the future (utilitarians) or the past (retributivists), we once clearly understood and embraced the inseparable connection between punishment and pain. Gradually, however, punishment has morphed into something which denies its own nature, culminating in today's move toward a massive dose of anesthetic as the ultimate punishment - as …
Writing About The Law, Jethro K. Lieberman
A Complex(Ity) Strategy For Breaking The Environmental Logjam, In Breaking The Logjam: An Environmental Law For The 21st Century, Beth Simone Noveck, David R. Johnson
A Complex(Ity) Strategy For Breaking The Environmental Logjam, In Breaking The Logjam: An Environmental Law For The 21st Century, Beth Simone Noveck, David R. Johnson
Articles & Chapters
No abstract provided.
International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Cone Iii.
International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Cone Iii.
Articles & Chapters
This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP")1 and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 2(hereinafter "U.K. Act"), will then …
Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen
Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen
Articles & Chapters
No abstract provided.
Everybody Is Making Love/Or Else Expecting Rain: Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin
Articles & Chapters
One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves the resolution of difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures.
As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal justice system (either those who may be incompetent to stand …
Lost In Translation: Some Brief Notes On Writing About Law For The Layperson, Brandt Goldstein
Lost In Translation: Some Brief Notes On Writing About Law For The Layperson, Brandt Goldstein
Articles & Chapters
No abstract provided.
Tolling For The Luckless, The Abandoned And Forsaked: Community Safety, Therapeutic Jurisprudence And International Human Rights Law As Applied To Prisoners And Detainees, Michael L. Perlin, Astrid Birgden
Tolling For The Luckless, The Abandoned And Forsaked: Community Safety, Therapeutic Jurisprudence And International Human Rights Law As Applied To Prisoners And Detainees, Michael L. Perlin, Astrid Birgden
Articles & Chapters
There has been an explosion of interest in therapeutic jurisprudence as both a filter and lens for viewing theextent to which the legal system serves therapeutic or anti therapeutic consequences. However, little attention has been paid to the impact of therapeutic jurisprudence on questions of international human rights law and the role of forensic psychologists. Human rights are based on legal, social, and moral rules. The paper will propose that human rights principles can add to the normative base of therapeutic jurisprudence, and in turn, therapeutic jurisprudence can assist forensic psychologists to actively address human rights. As duty bearers, forensic …
Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, Katrina Wyman
Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, Katrina Wyman
Articles & Chapters
No abstract provided.
Fending For Themselves: Creating A U.S. Hedge Fund Market For Retail Investors, Houman B. Shadab
Fending For Themselves: Creating A U.S. Hedge Fund Market For Retail Investors, Houman B. Shadab
Articles & Chapters
No abstract provided.
Innovation And Corporate Governance: The Impact Of Sarbanes-Oxley, Houman B. Shadab
Innovation And Corporate Governance: The Impact Of Sarbanes-Oxley, Houman B. Shadab
Articles & Chapters
No abstract provided.
An Artifact Of Law: U.S. Prohibition Of Retail Hedge Funds, Houman B. Shadab
An Artifact Of Law: U.S. Prohibition Of Retail Hedge Funds, Houman B. Shadab
Articles & Chapters
The U.S. hedge fund market is one of the largest and most sophisticated hedge fund markets in the world, yet due to U.S. securities regulation it is also one of the least accessible. In the U.S., federal securities law requires individuals to be wealthy to qualify to invest in hedge funds. Nonwealthy individuals, or retail investors, are effectively prohibited from purchasing hedge fund securities. Wealth-based qualifications are meant to ensure that those investing in hedge funds possess enough financial sophistication to make informed investment decisions. However, the application of wealth-based qualifications to hedge fund investors is more an artifact of …
Hybrid Class Actions, Dual Certification, And Wage Law Enforcement In The Federal Courts, Andrew Brunsden
Hybrid Class Actions, Dual Certification, And Wage Law Enforcement In The Federal Courts, Andrew Brunsden
Articles & Chapters
Hybrid wage-and-hour class actions, which combine a Fair Labor Standards Act ("FLSA ') opt-in collective action and a Federal Rule of Civil Procedure Rule 23 opt-out class action in a single civil action, demonstrate the unusual interplay of opt-in and opt-out rules. The hybrid class action, and its viability as a mechanism for wage law enforcement, raises fundamental questions as to who participates in lawsuits, how we should hold employers accountable for wage-and-hour noncompliance, and the role of the federal courts in enforcing public rights. An opt-in rule tends to produce low participation rates, while an opt-out rule tends to …
From John F. Kennedy’S 1960 Campaign Speech To Christian Supremacy: Religion In Modern Presidential Politics, Stephen A. Newman
From John F. Kennedy’S 1960 Campaign Speech To Christian Supremacy: Religion In Modern Presidential Politics, Stephen A. Newman
Articles & Chapters
No abstract provided.
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Articles & Chapters
No abstract provided.
Failing Students Or Failing Schools?: Holding States Accountable For The High School Dropout Crisis, Deborah N. Archer
Failing Students Or Failing Schools?: Holding States Accountable For The High School Dropout Crisis, Deborah N. Archer
Articles & Chapters
No abstract provided.
Introduction, Arthur S. Leonard