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Articles 31 - 60 of 75

Full-Text Articles in Law

Therapeutic Jurisprudence, David Wexler Dec 2014

Therapeutic Jurisprudence, David Wexler

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Dec 2014

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum Dec 2014

Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum

Touro Law Review

No abstract provided.


Appellate Division, Third Department, People V. Smith, Jennifer Belk May 2014

Appellate Division, Third Department, People V. Smith, Jennifer Belk

Touro Law Review

No abstract provided.


Supreme Court, New York County, Hughes V. Farrey, Eric Pack May 2014

Supreme Court, New York County, Hughes V. Farrey, Eric Pack

Touro Law Review

No abstract provided.


Advocating For A Civil Right To Counsel In New York State, Kathryn G. Madigan Apr 2013

Advocating For A Civil Right To Counsel In New York State, Kathryn G. Madigan

Touro Law Review

No abstract provided.


Making Out The Monell Claim Under Section 1983, Karen M. Blum Dec 2012

Making Out The Monell Claim Under Section 1983, Karen M. Blum

Touro Law Review

No abstract provided.


Section 1983 Litigation: Post-Pearson And Post-Iqbal, Karen M. Blum Sep 2012

Section 1983 Litigation: Post-Pearson And Post-Iqbal, Karen M. Blum

Touro Law Review

The Supreme Court's decision in Pearson v. Callahan marked a significant change in the structure of the analysis to be performedin the adjudication of the qualified immunity defense in§ 1983 litigation. Prior to Pearson, the Court required a mandatory two-step approach for the qualified immunity analysis. Whenever qualified immunity was raised in response to an alleged constitutional violation, the lower courts were instructed that the disposition of the qualified immunity issue required the court to first address the merits question. Under Saucier v. Katz, the courts were required first to decide whether the complaint stated a violation of a constitutional …


Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz Jan 2010

Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz

Touro Law Review

Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes individuals to enforce their constitutional rights against state and local officials; for example,prison officers and police officers, and against municipalities. It is the most important civil statute in American law. To its credit, the United States Supreme Court understands the significance of § 1983.

For the past three decades, in virtually every single Term of theCourt, it has decided a substantial number of cases dealing with different facets of § 1983 litigation. Last Term, there was anunusual number of § 1983 decisions rendered by the United States …


Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz Jan 2007

Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz

Touro Law Review

No abstract provided.


Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel Jan 2003

Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel

Touro Law Review

No abstract provided.


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz Jan 2003

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz Jan 2000

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.


The Use Of Expert Proofs In Complex Product Liability Litigation In New York: A Preliminary Consideration Of Varying Federal And New York State Approaches To Disclosure And Admissibility, Steven J. Phillips Jan 1999

The Use Of Expert Proofs In Complex Product Liability Litigation In New York: A Preliminary Consideration Of Varying Federal And New York State Approaches To Disclosure And Admissibility, Steven J. Phillips

Touro Law Review

No abstract provided.


Ramifications Of Denny V. Ford Motor Co., Peter J. Ausili Jan 1999

Ramifications Of Denny V. Ford Motor Co., Peter J. Ausili

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz, Honorable George C. Pratt Jan 1998

Section 1983 Litigation, Martin A. Schwartz, Honorable George C. Pratt

Touro Law Review

No abstract provided.


Section 1983 Litigation, Honorable George C. Pratt, Martin A. Schwartz Jan 1998

Section 1983 Litigation, Honorable George C. Pratt, Martin A. Schwartz

Touro Law Review

No abstract provided.


Section 1983 In The Second Circuit, Honorable George C. Pratt Jan 1997

Section 1983 In The Second Circuit, Honorable George C. Pratt

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1997

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly Jan 1996

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly

Touro Law Review

No abstract provided.


Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig Jan 1996

Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1994

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Prior Written Notice Statutes In New York State: The Resurrection Of Sovereign Immunity, Lewis J. Lubell Jan 1994

Prior Written Notice Statutes In New York State: The Resurrection Of Sovereign Immunity, Lewis J. Lubell

Touro Law Review

No abstract provided.


From A Defense Attorney's Perspective: "There Is No Free Lunch", Michael Crofton Jan 1993

From A Defense Attorney's Perspective: "There Is No Free Lunch", Michael Crofton

Touro Law Review

No abstract provided.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan Jan 1993

The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz, Honorable Leon D. Lazer, Honorable George C. Pratt Jan 1992

Section 1983 Litigation, Martin A. Schwartz, Honorable Leon D. Lazer, Honorable George C. Pratt

Touro Law Review

No abstract provided.


Trial By Jury Jan 1991

Trial By Jury

Touro Law Review

No abstract provided.


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz Jan 1990

New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz

Touro Law Review

No abstract provided.