Law Commons^™

The Representation Of Children: A Summary And Analysis Of The Bar Association Law Guardian Study, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The law guardian system constitutes a unique opportunity to protect the interests and rights of New York's children. Inaugurated in 1962 and expanded greatly in the past twenty years, the system's goals are laudatory. However, a lack of structure and responsibility has seriously compromised the effectiveness of counsel. Representation is frequently characterized by perfunctory preparation and a waiver of substantive and procedural rights. Moreover, the system is needlessly bifurcated and incapable of providing the education, experience and assistance required for effective counsel. The Bar Association study provides a blueprint for improvement. Legislative restructuring to establish an independent board and office …

"We The People": John Locke, Collective Constitutional Rights, And Standing To Challenge Government Action, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

The Article is presented in three Parts. Part I documents the enormous effect that Locke's political philosophy had on the Constitution's Framers and traces the idea of collective rights through Locke's Second Treatise, showing how Locke viewed government as a trustee and society as the settlor-beneficiary that forms and gives legitimacy to the government. Part II reviews the development of the current doctrine of standing and demonstrates how the current standing model creates a class of cases where government may, with impunity, violate the Constitution. Part III demonstrates the anomaly of the Supreme Court's current doctrine in a society founded …

The Development Of Nonprofit Corporation Law And An Agenda For Reform, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This article examines the development of the law of “charitable corporations”' and attempts to explain why the charitable corporation rather than the charitable trust became the predominant organizational form for charitable and benevolent activities in the United States. It then discusses some of the inconsistencies of nonprofit corporation law and provides an agenda for future reform.

Commentary, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

During the past year, the Court of Appeals for the Second Circuit decided a number of significant appeals involving constitutional issues. As is generally the case, most of the issues presented to the Second Circuit were also under judicial scrutiny in other federal appellate courts. Four first amendment cases decided by the court—three dealing primarily with freedom of religion and a fourth with freedom of the press—are particularly noteworthy and merit review.

Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This commentary discusses the nature of the legal loopholes that existed in the original RCRA statute, and highlights several of the provisions of the 1984 RCRA amendments that serve to either rectify or ameliorate the prior deficiencies. It also examines the political factors that affected the passage of the 1984 amendments, enabling them to pass during a period of anti-regulatory emphasis.

Review Of The Reign Of Error: Psychiatry, Authority, And Law, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Review Of Regulating Paradise: Land Use Controls In Hawaii, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Torts, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

About the only thing a teacher of tort law can be sure of is that each year he or she will witness new efforts, some successful and most not, to extend the reach and effect of the law of private wrongs. Last year's Survey article analyzed a wide range of tort issues and while New York courts handed down fewer tort opinions of broad implication this Survey year, there is much to study and to apply in future litigation. As always, tort law is a somewhat quixotic but nonetheless valid barometer of shifting societal and judicial values about the nature …

"Guilty But Mentally Ill": The Real Verdict Is Guilty, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This article will first explore the reasons for the controversy over the insanity defense to provide insights, both historical and contemporary, into the purposes and functions of that defense. A brief examination will be made of judicial decisions in the last twenty years, which have largely, but not completely, eliminated the distinctions drawn historically between the "civilly" and "criminally" mentally ill. The article will then examine the growing numbers of "Guilty But Mentally Ill" (GBMI) laws, with some emphasis upon the Michigan statute as the archetypal GBMI law. It will be argued that the GBMI laws are fatally flawed in …

Review Of The Regulation Of Quality, Products, Services, Workplaces And The Environment, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Western Ideology, Japanese Product Safety Regulation And International Trade, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

For the purposes of this paper, the barriers to an open Japanese market will be divided into two categories: Direct Official Barriers, and Non-Tariff Barriers (NTBs). The first category consists of positive restraints on imports such as tariffs and quotas. In response to Western criticism the Japanese government has, since the early 1960s, undertaken measures to dismantle gradually the aggressive protectionist wall which may have been necessary to revive the Japanese economy after the Second World War. In fact, in terms of quotas and tariffs, many observers presently consider Japan to be less protectionist than many North American and European …

How Do You Decide On A Nonlegal Career?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Recent surveys have indicated that many young lawyers are dissatisfied with the direction that their careers have taken. There are always other options, and an increasingly attractive choice for many young lawyers is the nonlegal career.

The Burger Court And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Professor Gershman critically examines a series of recent Supreme Court decisions dealing with prosecutorial misconduct. In each case, the Court reversed the lower court and reinstated the conviction.

There are a broad range of issues involved; from suppression of evidence to trial misconduct. As a former prosecutor in New York City, the author is forced to conclude that, "Prosecutorial misconduct occurs because it works and because sanctions for misbehavior are virtually nonexistent."