Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Touro University Jacob D. Fuchsberg Law Center

2017

Articles 1 - 30 of 82

Full-Text Articles in Law

The Criminalization Of Walking, Michael Lewyn Jan 2017

The Criminalization Of Walking, Michael Lewyn

Scholarly Works

The simple act of walking is sometimes criminalized in the United States. Anti-jaywalking statutes and ordinances—originally motivated by auto-industry lobbyists in the 1920s—call for fines and, sometimes, imprisonment for crossing the street. Additionally, some localities have interpreted statutes against “child neglect” to encompass a parent’s decision to let their kid walk outside alone. The result of this criminalization? Such policies have reduced pedestrian liberty, increased automobile traffic and pollution, and created a disincentive for physical activity in the midst of an obesity and diabetes epidemic. In addition to discussing these effects, this Article argues that the purported safety benefits of …


Reproductive Selection Bias, Lauren R. Roth Jan 2017

Reproductive Selection Bias, Lauren R. Roth

Scholarly Works

Decades after the advent of assisted reproductive technology (ART) that allows prospective parents to deselect embryos with grave genetic illnesses – a procedure called preimplantation genetic diagnosis (PGD) – it remains a tool largely of upper class whites. In the wake of the Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt, I argue that the time has come to focus on access in this area of reproductive rights. The next logical step is to rebut the presumption that reproductive liberty is only a negative right that prevents government interference with decisions about whether and how to procreate or not …


Redefining Medical Care, Lauren R. Roth Jan 2017

Redefining Medical Care, Lauren R. Roth

Scholarly Works

President Donald J. Trump has said he will replace the Affordable Care Act (ACA) with health savings accounts (HSAs). Conservatives have long preferred individual accounts to meet social welfare needs instead of more traditional entitlement programs. The types of “medical care” that can be reimbursed through an HSA are listed in § 213(d) of the Internal Revenue Code (Code) and include expenses “for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body.”

In spite of the broad language, regulations and court interpretations have narrowed this definition substantially. …


The Environmentalist Case For Sprawl- And Why It Fails, Michael Lewyn Jan 2017

The Environmentalist Case For Sprawl- And Why It Fails, Michael Lewyn

Scholarly Works

Environmentalists generally favor compact, walkable development, because development that reduces automobile use may reduce automobile-related pollution. Defenders of suburban sprawl argue, however, that compact development may actually increase pollution in a variety of ways. This article criticizes the latter argument.,


Are Legal Disputes Just About The Money? Answers From Mediators On The Front Line, Harold I. Abramson, Bennett Picker, Bill Marsh, Birgit Sambeth Glasner, Jerry Weiss Jan 2017

Are Legal Disputes Just About The Money? Answers From Mediators On The Front Line, Harold I. Abramson, Bennett Picker, Bill Marsh, Birgit Sambeth Glasner, Jerry Weiss

Scholarly Works

Are most disputes in mediation just about money? That’s an old and familiar question that many lawyers still seem to reply to with an emphatic “yes.” Mediated cases are frequently viewed as a clash of binary claims, subject only to a sorting out of financial winners and losers. This popular vision was challenged by an ABA panel of experienced commercial mediators. Together they explored the opportunities for breaking out of this confining legalmold. Years of practice have taught them that many disputes are not just about money, even when money is the presenting issue.


Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn Jan 2017

Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn

Scholarly Works

Historically, progressives have opposed restrictive zoning, arguing that by restricting the housing supply to high-end housing, zoning reduces the supply of housing available to lower-income Americans. But recently, some progressives have suggested that new market-rate housing facilitates gentrification and displacement of lower-income renters. This article critically examines that theory.


The Obama Administration's Parting Shot, Michael Lewyn Jan 2017

The Obama Administration's Parting Shot, Michael Lewyn

Scholarly Works

Discusses the "Housing Development Toolkit", a policy paper on affordable housing issued by the White House in September 2016.


Table Of Contents Jan 2017

Table Of Contents

Journal of Experiential Learning

No abstract provided.


Research Note: Using Experiential Learning In A Pipeline To Careers In Law Program For First-Generation University Women, Sandi Dimola, Allyson M. Lowe Jan 2017

Research Note: Using Experiential Learning In A Pipeline To Careers In Law Program For First-Generation University Women, Sandi Dimola, Allyson M. Lowe

Journal of Experiential Learning

No abstract provided.


Four Variations In Delivery And Design Of Mock Trial For The Undergraduate Student, Kyle C. Kopko, Grant Keener, Paula Knudsen-Burke, Dianne Mcdonald, William S. Schweers, Michael Vitlip Jan 2017

Four Variations In Delivery And Design Of Mock Trial For The Undergraduate Student, Kyle C. Kopko, Grant Keener, Paula Knudsen-Burke, Dianne Mcdonald, William S. Schweers, Michael Vitlip

Journal of Experiential Learning

No abstract provided.


A Lawyer's Experience In K-12 Law-Related Education: Lessons And Opportunities, David A. Scott Jan 2017

A Lawyer's Experience In K-12 Law-Related Education: Lessons And Opportunities, David A. Scott

Journal of Experiential Learning

No abstract provided.


Cultural Brokers In The Changing Landscape Of Legal Education: Associate Deans For Experiential Education, Binny Miller Jan 2017

Cultural Brokers In The Changing Landscape Of Legal Education: Associate Deans For Experiential Education, Binny Miller

Journal of Experiential Learning

No abstract provided.


Experiential Legal Writing Before Law School: Undergraduate Judicial Opinions, Tom Rozinski Jan 2017

Experiential Legal Writing Before Law School: Undergraduate Judicial Opinions, Tom Rozinski

Journal of Experiential Learning

No abstract provided.


Implementing A Professional Development Approach To Pre-Law Advising: How To Build A Bridge To Law School And The Legal Profession Through Legal And Professional Development Courses, Professional Societies And Mentoring, Karen Graziano Jan 2017

Implementing A Professional Development Approach To Pre-Law Advising: How To Build A Bridge To Law School And The Legal Profession Through Legal And Professional Development Courses, Professional Societies And Mentoring, Karen Graziano

Journal of Experiential Learning

No abstract provided.


Barriers To Entry: Putting It Together, School By School, Jay Gary Finkelstein Jan 2017

Barriers To Entry: Putting It Together, School By School, Jay Gary Finkelstein

Journal of Experiential Learning

No abstract provided.


Introduction: Exploring Undergraduate Experiential Learning, Diana D'Amico Juettner, Guest Editor Jan 2017

Introduction: Exploring Undergraduate Experiential Learning, Diana D'Amico Juettner, Guest Editor

Journal of Experiential Learning

No abstract provided.


Justice Brandeis And Railroad Accidents: Fairness, Uniformity And Consistency, Larry Zacharias Jan 2017

Justice Brandeis And Railroad Accidents: Fairness, Uniformity And Consistency, Larry Zacharias

Touro Law Review

No abstract provided.


The Value Of Online Law Review Supplements For Junior And Senior Faculty, Steven W. Bender Jan 2017

The Value Of Online Law Review Supplements For Junior And Senior Faculty, Steven W. Bender

Touro Law Review

No abstract provided.


Fostering Student Authorship, Amy R. Mashburn, Sharon E. Rush Jan 2017

Fostering Student Authorship, Amy R. Mashburn, Sharon E. Rush

Touro Law Review

No abstract provided.


Political Gerrymandering: Was Elbridge Gerry Right, C. Daniel Chill Jan 2017

Political Gerrymandering: Was Elbridge Gerry Right, C. Daniel Chill

Touro Law Review

No abstract provided.


That's What She Said: An Evaluation Of Whether Hearsay Exceptions Should Be Permitted In Accusatory Instruments, Andrea Laterza Jan 2017

That's What She Said: An Evaluation Of Whether Hearsay Exceptions Should Be Permitted In Accusatory Instruments, Andrea Laterza

Touro Law Review

No abstract provided.


The Stakes Are High: The Professional And Amateur Sports Protection Act Is Constitutionally Vulnerable And Reflects Bad Policy, Stephen Weinstein Jan 2017

The Stakes Are High: The Professional And Amateur Sports Protection Act Is Constitutionally Vulnerable And Reflects Bad Policy, Stephen Weinstein

Touro Law Review

No abstract provided.


Masthead Jan 2017

Masthead

Touro Law Review

No abstract provided.


Table Of Contents Jan 2017

Table Of Contents

Touro Law Review

No abstract provided.


Louis Brandeis And Contemporary Antitrust Enforcement, Kenneth G. Elzinga, Micah Webber Jan 2017

Louis Brandeis And Contemporary Antitrust Enforcement, Kenneth G. Elzinga, Micah Webber

Touro Law Review

No abstract provided.


Masthead Jan 2017

Masthead

Touro Law Review

No abstract provided.


Redefining The Standard: Who Can Be A Person Legally Responsible For The Care Of A Child Under The Family Court Act?, Alexsis Gordon Jan 2017

Redefining The Standard: Who Can Be A Person Legally Responsible For The Care Of A Child Under The Family Court Act?, Alexsis Gordon

Touro Law Review

No abstract provided.


The Wholesale Exclusion Of Religion From Public Benefits Programs: Why The First Amendment Religion Clauses Must Take A Backseat To Equal Protection, Michael J. Borger Jan 2017

The Wholesale Exclusion Of Religion From Public Benefits Programs: Why The First Amendment Religion Clauses Must Take A Backseat To Equal Protection, Michael J. Borger

Touro Law Review

No abstract provided.


The Emerging American Police State: The Problem Is Not With The Police, But Higher Up, William E. Nelson Jan 2017

The Emerging American Police State: The Problem Is Not With The Police, But Higher Up, William E. Nelson

Touro Law Review

No abstract provided.


"My Lips Are Sealed, Unless..." Examining The Reporter's Privilege In New York And Why It Should Be Applied Federally, Luann Dallojacono Jan 2017

"My Lips Are Sealed, Unless..." Examining The Reporter's Privilege In New York And Why It Should Be Applied Federally, Luann Dallojacono

Touro Law Review

No abstract provided.