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Journal

Court of Appeals

Discipline
Institution
Publication Year
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Articles 1 - 30 of 210

Full-Text Articles in Law

The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth Jan 2023

The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth

Touro Law Review

This Article provides a comparative analysis of Judge Benjamin Cardozo’s tort decisions in Palsgraf v. Long Island Railroad Co., one of his most famous tort decisions, contrasted with a lesser-known tort opinion in Hynes v. New York Central Railroad Co. The Author attempts to address Cardozo’s humanistic and intellectual dichotomies which are exemplified by these two real-life tort precedents—one of which, Palsgraf, most practitioners may only have a distant recall. A historical overview of Cardozo’s life is also discussed. These two decisions portray Cardozo as an emotive human being exercising hit-or-miss judging. This theme provides a differ viewpoint from Cardozo’s …


Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile Jan 2020

Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile

Touro Law Review

No abstract provided.


Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White Jan 2018

Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White

Touro Law Review

No abstract provided.


Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio Jan 2018

Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio

Touro Law Review

No abstract provided.


Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson Jan 2018

Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson

Touro Law Review

No abstract provided.


Criminal Law And Procedure, Aaron J. Campbell Nov 2017

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

This article aims to give a succinct review of notable criminal

law and procedure cases decided by the Supreme Court of Virginia

and the Court of Appeals of Virginia during the past year. Instead

of covering every ruling or rationale in these cases, the article

focuses on the "take-away" of the holdings with the most

precedential value. The article also summarizes noteworthy

changes to criminal law and procedure enacted by the 2017 Virginia

General Assembly.


Elrac, Inc. V. Masara: Is The New York Court Of Appeals Undermining The Concept Of Permissive Use Under The Vehicle And Traffic Law?, Natasha Meyers Mar 2016

Elrac, Inc. V. Masara: Is The New York Court Of Appeals Undermining The Concept Of Permissive Use Under The Vehicle And Traffic Law?, Natasha Meyers

Touro Law Review

No abstract provided.


Court Of Appeals, People V. Robinson, Jonathan Janofsky Mar 2016

Court Of Appeals, People V. Robinson, Jonathan Janofsky

Touro Law Review

No abstract provided.


Court Of Appeals, People V. Rosen, Evan M. Zuckerman Mar 2016

Court Of Appeals, People V. Rosen, Evan M. Zuckerman

Touro Law Review

No abstract provided.


Court Of Appeals, People V. Fraser, Evan M. Zuckerman Mar 2016

Court Of Appeals, People V. Fraser, Evan M. Zuckerman

Touro Law Review

No abstract provided.


Aliessa V. Novello, Diane M. Somberg Mar 2016

Aliessa V. Novello, Diane M. Somberg

Touro Law Review

No abstract provided.


Court Of Appeals Of New York People V. Jeanty, Rosemarie Barnett Mar 2016

Court Of Appeals Of New York People V. Jeanty, Rosemarie Barnett

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Brukham V. Giuliani, Michele Molfetta Mar 2016

Court Of Appeals Of New York, Brukham V. Giuliani, Michele Molfetta

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. David, Courtney Blakeslee Mar 2016

Court Of Appeals Of New York, People V. David, Courtney Blakeslee

Touro Law Review

No abstract provided.


Affronti V. Crosson, Jonathan Janofsky Mar 2016

Affronti V. Crosson, Jonathan Janofsky

Touro Law Review

No abstract provided.


Current Circuit Splits Feb 2016

Current Circuit Splits

Seton Hall Circuit Review

No abstract provided.


Copyright Competition: The Shifting Boundaries Of Convergence Between U.S. And Canadian Copyright Regimes In The Digital Age, David Amar Jan 2016

Copyright Competition: The Shifting Boundaries Of Convergence Between U.S. And Canadian Copyright Regimes In The Digital Age, David Amar

Brooklyn Journal of International Law

The great copyright debate between protecting creators and encouraging information-sharing has always been a contentious and likely unresolvable battle. However, with the crafting of new legislation designed to rein in unscrupulous sharing in the age of online sharing and piracy, the discussion grows ever more heated. The economies of Canada and the U.S. have always been intertwined, and in a copyright context, this has never been clearer. Since Canada began to appear on the U.S. “Special 301” piracy reports, the two nations have been locked into a system of promulgating ever-more restrictive copyright policy, the logical extreme of which may …


Current Circuit Splits, Circuit Review Staff Nov 2015

Current Circuit Splits, Circuit Review Staff

Seton Hall Circuit Review

No abstract provided.


First Impressions, Circuit Review Staff Nov 2015

First Impressions, Circuit Review Staff

Seton Hall Circuit Review

No abstract provided.


The Tyranny Of Plastics: How Society Of Plastics, Inc. V. County Of Suffolk Prevents New Yorkers From Protecting Their Environment And How They Could Be Liberated From Its Unreasonable Standing Requirements, Albert K. Butzel, Ned Thimmayya Aug 2015

The Tyranny Of Plastics: How Society Of Plastics, Inc. V. County Of Suffolk Prevents New Yorkers From Protecting Their Environment And How They Could Be Liberated From Its Unreasonable Standing Requirements, Albert K. Butzel, Ned Thimmayya

Pace Environmental Law Review

Ever since the Court of Appeals of New York issued its holding in the landmark case Society of Plastics Industry, Inc. v. County of Suffolk, citizen oversight of government-approved and government projects with environmental implications has suffered curtailment inconsistent with the objectives of the State Environmental Quality Review Act (SEQRA). At the center of the conflict between SEQRA and citizen enforcement are the restrictive standing requirements formulated by Society of Plastics, which include the demand that a petitioner demonstrate harm distinct from injury to the general public. Not only does such a prerequisite for consideration of a case's merits ignore …


Court Of Appeals Of New York, People V. William Ii, Brooke Lupinacci Apr 2015

Court Of Appeals Of New York, People V. William Ii, Brooke Lupinacci

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Ramos, Brooke Lupinacci Apr 2015

Court Of Appeals Of New York, People V. Ramos, Brooke Lupinacci

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Berroa, Marcia Miller Apr 2015

Court Of Appeals Of New York, People V. Berroa, Marcia Miller

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Arroyo, Jean D 'Alessandro Apr 2015

Court Of Appeals Of New York, People V. Arroyo, Jean D 'Alessandro

Touro Law Review

No abstract provided.


Is There A Place For Religion In Judicial Decision-Making?, Hon. Kermit V. Lipez Mar 2015

Is There A Place For Religion In Judicial Decision-Making?, Hon. Kermit V. Lipez

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Mundo, Avinoam Cohen Dec 2014

Court Of Appeals Of New York, People V. Mundo, Avinoam Cohen

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Johnson, Denise Shanley Dec 2014

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Cahill, Annette Thompson Dec 2014

Court Of Appeals Of New York, People V. Cahill, Annette Thompson

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Rose, Susan Persaud Dec 2014

Court Of Appeals Of New York, People V. Rose, Susan Persaud

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Grice, Michael Elkin, Patrick Foster Dec 2014

Court Of Appeals Of New York, People V. Grice, Michael Elkin, Patrick Foster

Touro Law Review

No abstract provided.