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Articles 31 - 60 of 85
Full-Text Articles in Law
Leave Your Stereotypes At The Door: The Importance Of Context In The Halls Of Congress And The Garden Of Torah, Rabbi Michael Levy
Leave Your Stereotypes At The Door: The Importance Of Context In The Halls Of Congress And The Garden Of Torah, Rabbi Michael Levy
Touro Law Review
No abstract provided.
Memory, Moral Reasoning, And Madison V. Alabama, Elias Feldman
Memory, Moral Reasoning, And Madison V. Alabama, Elias Feldman
Touro Law Review
No abstract provided.
Let The Earth Teach You Torah: Sustainability In Jewish Law, Itzchak E. Kornfeld
Let The Earth Teach You Torah: Sustainability In Jewish Law, Itzchak E. Kornfeld
Touro Law Review
No abstract provided.
The Harmful Addiction To The War On Drugs, Walter E. Block, Alan G. Futerman
The Harmful Addiction To The War On Drugs, Walter E. Block, Alan G. Futerman
Touro Law Review
Most modern societies prohibit the use of addictive drugs such as cocaine and heroin. We contend this is a mistake. They should all be legalized, forthwith, since their usage constitutes a victimless crime. But more, we also maintain that these jurisdictions are actually addicted to these unjust and harmful laws since, no matter what the logic or the evidence about the perniciousness of this legislation, it still remains on the books
Maybe Law Schools Do Not Oppress Minority Faculty Women: A Critique Of Meera E. Deo’S “Unequal Profession: Race And Gender In Legal Academia” (Stanford University Press 2019), Dan Subotnik
Touro Law Review
This essay tests Professor Meera Deo’s unsettling assertion that “implicit bias” in law schools is holding minority female and, to a lesser extent minority male, faculty back. It then presents her second, and more provocative claim, that minority faculty can generally offer better training in “solving complex problems.”
Regarding the former claim, Deo explains that minority women are not hired according to fair standards, not welcomed when they are hired, and not fairly evaluated for promotion. In addition, she argues that minority women professors are abused by their students. Because Deo barely tries to substantiate the second claim, it is …
Selling Sex: (More) Evidence For Decriminalization, Faelynn Carroll, Walter E. Block
Selling Sex: (More) Evidence For Decriminalization, Faelynn Carroll, Walter E. Block
Touro Law Review
This paper makes a case for decriminalization of sex work in response to recent legislation restricting sex workers’ access to online platforms and to the COVID-19 pandemic. Using a feminist economic lens, we summarize the current understanding of sex work markets and analyze how agency and stigma are affected by increasingly limited access to online platforms as well as by the social and economic restrictions of COVID-19. We analyze sex work from the point of view of the same labor economics that would be applied to any other industry, rather than as a romanticized or demonized group of sexual deviants, …
Encountering Jonah With Jewish Eyes And Finding Justice In The Belly Of A Whale, Randy Lee
Encountering Jonah With Jewish Eyes And Finding Justice In The Belly Of A Whale, Randy Lee
Touro Law Review
No abstract provided.
Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash, And Classical Jewish Sources: A Review, John Elder Robison
Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash, And Classical Jewish Sources: A Review, John Elder Robison
Touro Law Review
No abstract provided.
Restoring Trust In The Judiciary: A Critical, High Priority Project For The Biden Administration, Richard C. Cahn
Restoring Trust In The Judiciary: A Critical, High Priority Project For The Biden Administration, Richard C. Cahn
Touro Law Review
No abstract provided.
National Animal Abuse Registry Reform: To Be Effective And Provide Prospective, A National Animal Abuse Registry Must Be The Next Directive, Kaleigh M. Gorman
National Animal Abuse Registry Reform: To Be Effective And Provide Prospective, A National Animal Abuse Registry Must Be The Next Directive, Kaleigh M. Gorman
Touro Law Review
No abstract provided.
No Standing And No Recourse: The Threat To Employee Data Under Current U.S. Cybersecurity Regulation, Georgia D. Reid
No Standing And No Recourse: The Threat To Employee Data Under Current U.S. Cybersecurity Regulation, Georgia D. Reid
Touro Law Review
No abstract provided.
The Robber Wants To Be Punished, Uri Weiss
The Robber Wants To Be Punished, Uri Weiss
Touro Law Review
It is a commonly held intuition that increasing punishment leads to less crime. Let us move our glance from the punishment for the crime itself to the punishment for the attempt to commit a crime, or to the punishment for the threat to carry it out. We argue that the greater the punishment for the attempted robbery, i.e., for the threat, "give me your money or else," the greater the number of robberies and threats there will be. The punishment for the threat makes the withdrawal from it more expensive for the criminal, making the relative cost of committing the …
The Talmudic Prisoner's Dilemma, Uri Weiss
The Talmudic Prisoner's Dilemma, Uri Weiss
Touro Law Review
We argue that there is a stream in the Talmud that attributes the responsibility to one player alone in the case of a joint crime/joint tort and even in dividing the credits for a joint Mitzvah. We used the game theory to investigate which incentives are provided by this approach, which games are created, which games are blocked, and to which results this approach leads. In this paper, we present some Talmudic games.
Although in Jewish law, a sinner cannot be a witness, one Talmudic rabbi proposes a rule that, in the case of a joint crime, one of …
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
Touro Law Review
No abstract provided.
Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro
Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro
Touro Law Review
No abstract provided.
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Touro Law Review
No abstract provided.
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Keeping The Lights On Through Dark Times: How Subchapter V Bankruptcy Should Protect Small Businesses Decimated By The Pandemic, Daniel Lebrun
Keeping The Lights On Through Dark Times: How Subchapter V Bankruptcy Should Protect Small Businesses Decimated By The Pandemic, Daniel Lebrun
Touro Law Review
Small to mid-market, independent businesses are at the heart of our economy and play a pivotal role in job creation. While it’s estimated by the House of Representatives that these companies account for over half of overall U.S. employment, they have been traditionally underserved in bankruptcy law. Historically, the resources necessary to complete a chapter 11 bankruptcy are not within reach for these small to mid-market businesses. Passed in 2019, the Small Business Reorganization Act has modified the Bankruptcy Code to provide new avenues for these small businesses in need. Impactful in its own right, it has emerged as a …
The Billion Dollar Industry That Has Never Paid Its Money-Makers: The Ncaa’S Attempt At Compensation Through Names, Images And Likeness, Christopher Palmieri
The Billion Dollar Industry That Has Never Paid Its Money-Makers: The Ncaa’S Attempt At Compensation Through Names, Images And Likeness, Christopher Palmieri
Touro Law Review
The National Collegiate Athletic Association (“NCAA”) has regulated collegiate sports for over one hundred years. The NCAA has long relied upon the principle of amateurism to prohibit college athletes from profiting from their name, image and likeness (“NILs”). However, recently this principle has drawn a lot of attention and has all but crumbled. States across the nation have passed legislation that will soon come into effect to bypass the NCAA bylaws and allow student athletes to profit from their NILs, even the United States Supreme Court has called the NCAA’s business model into question. This has left the NCAA with …
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen M. Tani
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen M. Tani
Touro Law Review
No abstract provided.
Charles Reich And The Legal History Of Privacy, Sarah A. Seo
Charles Reich And The Legal History Of Privacy, Sarah A. Seo
Touro Law Review
No abstract provided.
The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik
The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik
Touro Law Review
The Kavanaugh confirmation hearings, the Harvey Weinstein case, and the Jeffrey Epstein case have done us a valuable service. By focusing mass media attention and academic discourse on consent to sex and on assault, they have brought to a boil two issues that have been simmering for some time in feminist circles. The present essay invites readers to consider feminist writings over the last half-century that have influenced this discourse and continue to incite febrile talk today.
First to be examined is the American “heartbalm” regime, an early effort to protect women from the emotional harm resulting from seduction by …
Rethinking Appeals, Uri Weiss
Rethinking Appeals, Uri Weiss
Touro Law Review
This paper makes the point that a court decision that is open to an appeal is akin to a take-it-or-leave-it settlement proposal for both parties. For the case to not be appealed, both parties need to “take,” i.e., accept, this proposal. Thus, on one hand, if both parties cannot achieve a settlement by themselves, they usually benefit from the right to appeal. On the other hand, a right to appeal activates the regressive effects that characterize settlements, which also applies to lower-court decisions. For example, legal uncertainty has a regressive effect on lower-court decisions: if the judge wishes to block …
The State Of The State Action Doctrine: A Search For Accountability, Jordan Goodson
The State Of The State Action Doctrine: A Search For Accountability, Jordan Goodson
Touro Law Review
The state action doctrine is notoriously confusing and contradictory. It is also a weak mechanism for enforcing the constitutional accountability of both State and private actors. Many solutions to the doctrine's varied issues have been posed, but as of yet its problems have not been resolved. In fact, they continue to worsen, as increasing privatization combines with the doctrine's restrictions to narrow constitutional liability to the point of potential nullity. This article examines the doctrine's failures through the specific lens of accountability, demonstrating through analysis of recent caselaw how the doctrine — along with creating confusion and countless circuit splits …
I Am Woman, Hear Me Roar: Denial Of Sexual Reassignment Surgery For Transgender Inmates And The Eighth Amendment’S Ban On Cruel And Unusual Punishment, Chiara Haueter
Touro Law Review
No abstract provided.
The Sword Of Damocles: How The Fair Use Defense Application Affects The Computer Programming Area, Ziyi Gao
The Sword Of Damocles: How The Fair Use Defense Application Affects The Computer Programming Area, Ziyi Gao
Touro Law Review
No abstract provided.
Of Arms And The Militia: Gun Regulation By Defining “Ordinary Military Equipment”, Edward J. Curtis
Of Arms And The Militia: Gun Regulation By Defining “Ordinary Military Equipment”, Edward J. Curtis
Touro Law Review
Recent mass shootings have placed pressure on Congress and state legislatures to regulate semi-automatic rifles and handguns in the interest of public safety. However, the Second Amendment provides that, “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. There is no obvious public safety exception.
Semi-automatic rifles, handguns, and other kinds of arms can be regulated more effectively by defining the “ordinary military equipment” militia members are expected to provide. This may be accomplished using the rationale employed by the United States …