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Touro University Jacob D. Fuchsberg Law Center

2006

Articles 1 - 30 of 42

Full-Text Articles in Law

Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme Aug 2006

Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme

Journal of Race, Gender, and Ethnicity

No abstract provided.


Response To Professor Sander, Douglas D. Scherer Aug 2006

Response To Professor Sander, Douglas D. Scherer

Journal of Race, Gender, and Ethnicity

No abstract provided.


Same-Sex Marriage In New York, Lewis A. Silverman Aug 2006

Same-Sex Marriage In New York, Lewis A. Silverman

Journal of Race, Gender, and Ethnicity

No abstract provided.


Same-Sex Marriage In New York, Lewis A. Silverman Aug 2006

Same-Sex Marriage In New York, Lewis A. Silverman

Scholarly Works

No abstract provided.


A Summary Of "Systemic Analysis", Richard H. Sander Aug 2006

A Summary Of "Systemic Analysis", Richard H. Sander

Journal of Race, Gender, and Ethnicity

No abstract provided.


Leveling The Playing Field In Law School: A Look At Academic Assistance Programs For Minority Law Students, Anupama Ramlackhan Aug 2006

Leveling The Playing Field In Law School: A Look At Academic Assistance Programs For Minority Law Students, Anupama Ramlackhan

Journal of Race, Gender, and Ethnicity

No abstract provided.


School Finance Litigation: The History And Its Current Status In New York, Patrick A. Mcglashan Aug 2006

School Finance Litigation: The History And Its Current Status In New York, Patrick A. Mcglashan

Journal of Race, Gender, and Ethnicity

No abstract provided.


Sexually Violent Predator Legislation And The Sexual Psychopath Act: Will New York "Police" Their Sexual Predators Via Civil Commitment?, Stephanie M. Adduci, M.A. Aug 2006

Sexually Violent Predator Legislation And The Sexual Psychopath Act: Will New York "Police" Their Sexual Predators Via Civil Commitment?, Stephanie M. Adduci, M.A.

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Nuremberg Trials And American Jurisprudence: The Decline Of Legal Realism, The Revival Of Natural Law, And The Development Of Legal Process Theory, Rodger D. Citron Jan 2006

The Nuremberg Trials And American Jurisprudence: The Decline Of Legal Realism, The Revival Of Natural Law, And The Development Of Legal Process Theory, Rodger D. Citron

Scholarly Works

No abstract provided.


Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine Jan 2006

Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine

Scholarly Works

Of the various movements that have surfaced in American legal theory in recent decades, law and economics has emerged as perhaps the most influential, leading some to characterize it as the dominant contemporary mode of analysis among American legal scholars. In this essay, Levine considers law and economics in the context of a comparative discussion of another prominent intellectual legal movement, the Brisker method of Talmudic analysis, which originated in Eastern Europe in the late nineteenth century and quickly developed into a leading method of theoretical study of Jewish law. The Brisker method takes its name from the city of …


Everything Lawyers Know About Polygamy Is Wrong, S. Crincoli (Sigman) Jan 2006

Everything Lawyers Know About Polygamy Is Wrong, S. Crincoli (Sigman)

Scholarly Works

No abstract provided.


Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer Jan 2006

Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer

Scholarly Works

No abstract provided.


Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Deobrah W. Post, Phoebe A. Haddon Jan 2006

Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Deobrah W. Post, Phoebe A. Haddon

Scholarly Works

No abstract provided.


From Undermining Child Protection Statutes To Creating Exceptions To Prohibitions Against Racial Discrimination In Public Accommodations: The Unsettling Consequences Of Mischaracterizing The Police Reporting Privilege, Peter Zablotsky Jan 2006

From Undermining Child Protection Statutes To Creating Exceptions To Prohibitions Against Racial Discrimination In Public Accommodations: The Unsettling Consequences Of Mischaracterizing The Police Reporting Privilege, Peter Zablotsky

Scholarly Works

No abstract provided.


Revisiting Austin V. Loral: A Study In Economic Duress, Contract Modification And Framing, Meredith R. Miller Jan 2006

Revisiting Austin V. Loral: A Study In Economic Duress, Contract Modification And Framing, Meredith R. Miller

Scholarly Works

Austin v. Loral, 29 N.Y.2d 124 (1971), is a favorite among Contracts casebooks because the New York Court of Appeals held that it was a "classic" example of economic duress. It involved Austin, a small gear part manufacturer, who had entered into a subcontract to provide gear parts to Loral, a publicly-traded defense industry supplier. Loral had a contract with the U.S. government to supply radar sets, to be used in the U.S. efforts in Vietnam. Midway through performance of the subcontract, Austin apparently refused to continue to deliver the gear parts unless Loral acceded to certain demands, which included …


Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine Jan 2006

Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine

Scholarly Works

In one of his earliest encyclicals, Dives in Misericordia, Pope John Paul II explored the concepts of mercy and kindness, with a focus on notions of divine love and compassion. Building upon these observations, and drawing extensively on the work of Rabbi Joseph Soloveitchik and other scholars of Jewish law and philosophy, Levine considers the complementary roles of justice and mercy in Jewish tradition. Toward that end, Levine places these concepts in a broader perspective, viewing mercy as representative of attributes such as kindness, compassion, love, and peacefulness, while understanding justice in terms of more exacting principles, such as strict …


An Introduction To Self-Incrimination In Jewish Law, With Application To The American Legal System: A Psychological And Philosophical Analysis, Samuel J. Levine Jan 2006

An Introduction To Self-Incrimination In Jewish Law, With Application To The American Legal System: A Psychological And Philosophical Analysis, Samuel J. Levine

Scholarly Works

In recent years, American courts and legal scholars have increasingly turned to Jewish legal tradition for insights into various issues confronting the American legal system. Jewish law has provided an alternative model and, at times, a contrast case that some have found particularly helpful in illuminating complex, controversial, and unsettled areas of American law. In light of these developments, this Essay aims to consider the efficacy of drawing on Jewish law to facilitate a more thoughtful analysis of issues in American law, with a specific focus on the issue of self-incrimination. The Essay begins with a brief discussion of the …


Judicial Misconduct In Criminal Cases: It’S Not Just The Counsel Who May Be Ineffective And Unprofessional, Richard Klein Jan 2006

Judicial Misconduct In Criminal Cases: It’S Not Just The Counsel Who May Be Ineffective And Unprofessional, Richard Klein

Scholarly Works

No abstract provided.


The Willem C. Vis International Commercial Arbitration Moot: Making The Most Of An Extraordinary Educational Opportunity, Jack M. Graves, Stephanie A. Vaughan Jan 2006

The Willem C. Vis International Commercial Arbitration Moot: Making The Most Of An Extraordinary Educational Opportunity, Jack M. Graves, Stephanie A. Vaughan

Scholarly Works

No abstract provided.


The Law Of Sprawl: A Road Map, Michael Lewyn Jan 2006

The Law Of Sprawl: A Road Map, Michael Lewyn

Scholarly Works

No abstract provided.


“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik Jan 2006

“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik

Scholarly Works

No abstract provided.


A Comparative Analysis Of The Jewish Law And The Secular Perspective On International Human Rights (Part Of The Article, “Human Rights In The Bible, An Exchange Of Ideas”)., Richard Klein, Chaim Povarsky Jan 2006

A Comparative Analysis Of The Jewish Law And The Secular Perspective On International Human Rights (Part Of The Article, “Human Rights In The Bible, An Exchange Of Ideas”)., Richard Klein, Chaim Povarsky

Scholarly Works

No abstract provided.


New York At A Crossroads: Sustaining A Government Reform Agenda On The Frontlines With Executive, Legislative And Judicial Reform Initiatives (Introduction To Symposium: Refinement Or Reinvention: The State Of Reform In New York), Patricia E. Salkin Jan 2006

New York At A Crossroads: Sustaining A Government Reform Agenda On The Frontlines With Executive, Legislative And Judicial Reform Initiatives (Introduction To Symposium: Refinement Or Reinvention: The State Of Reform In New York), Patricia E. Salkin

Scholarly Works

No abstract provided.


Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips Jan 2006

Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips

Scholarly Works

The long recognized common-law privilege afforded to certain conversations between attorneys and their clients has been the subject of troubling opinions when the lawyer and client are high ranking government officials. In a series of opinions from the 7th, 8th and D.C. Circuit Courts of Appeals, the courts refused to recognize the existence of the attorney-client privilege for the government actors under the circumstances surrounding the cases. However, recent opinions from the 2nd Circuit state that these other courts were simply wrong, setting the stage perhaps, for the U.S. Supreme Court to resolve the issue. Whether this privilege is equally …


Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine Jan 2006

Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine

Scholarly Works

No abstract provided.


Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin Jan 2006

Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin

Scholarly Works

This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.


Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin Jan 2006

Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin

Scholarly Works

In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible“public use” under the Takings Clause of the Fifth Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain.This article surveys those state initiatives that have been signed into law following the Court’s decision in Kelo.


States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin Jan 2006

States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin

Scholarly Works

Members of planning and zoning boards and local legislative bodies constantly make decisions that may be worth millions of dollars to applicants and that may have serious impacts on public health and safety. Unlike other players in the land use decision making process members of local legislative bodies and land use boards have no specific education or training in land use matters prior to their election or appointment putting them in the position to learn solely from “on the job training”. Five (5) states currently require mandatory training and continuing education courses for members of planning boards and zoning boards …


Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin Jan 2006

Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin

Scholarly Works

This article offers readers ideas and examples of ways to modernize local zoning laws to balance the growing demand by residents to engage in legitimate home-based businesses while protecting community character and the health, safety, and welfare of neighbors in residential zoning districts.


Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin Jan 2006

Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin

Scholarly Works

This article examines the Code of Ethics and Professional Conduct of the American Institute of Certified Planners (AICP). Only two states, Michigan and New Jersey, license planners as a profession. This makes ability for planners to achieve certification from the AICP important and raises the prominence of the AICP Code of Ethics, since as a condition of membership, each AICP member agrees to abide by the Code.