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Articles 1 - 11 of 11
Full-Text Articles in Law
Ex Parte Communication By The Judiciary, Jay C. Carlisle
Ex Parte Communication By The Judiciary, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
The recent establishment of an Individual Assignment System in New York has introduced what one commentator has referred to as new "rules of the game". Nonetheless, the old rules still apply with respect to ex parte communication by judges which is governed by Canon 3(A)( 4) of the Code of Judicial Conduct. Canon 3(A)(4), as adopted by the New York State Bar Association in 1973, prohibits a judge from initiating or considering ex parte communications concerning a pending or impending proceeding. This prohibition, which has been strictly construed by decisional law and bar association advisory opinions, has new significance under …
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching consent decree that mandates specific reforms in policy and practice to be implemented by a public social welfare agency in its delivery of services to foster children and their families.
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
How much, if at all, can a criminal defense lawyer cooperate in his or her client's decision to commit perjury? Courts, commentators, and bar committees have grappled with this question for years without offering clear or consistent guidelines. Any principled response must take into account some very hard questions. Under what circumstances, for instance, does the lawyer ever really "know" that his client's proposed testimony is false? Is it sufficient if the lawyer simply disbelieves his client's story, or that of his client's witnesses? Does it make any difference if the attorney learns of a plan to perjure during the …
A Comparative Analysis Of New Jersey's Mount Laurel Cases With The Berenson Cases In New York, John R. Nolon
A Comparative Analysis Of New Jersey's Mount Laurel Cases With The Berenson Cases In New York, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Due to the widespread concern over the lack of affordable housing in New York, renewed interest has been expressed in the landmark case of Berenson v. Town of New Castle. That case and an associated line of decisions define the legal rules that will be used by the courts in New York to decide whether municipal zoning unconstitutionally excludes affordable types of housing. Interest has been piqued further by two recent lower court cases in New York which differ greatly in their approach to defining the legal standards to be used in reviewing allegedly exclusionary land use practices.
Civil Practice: Comparative Negligence, Jay C. Carlisle
Civil Practice: Comparative Negligence, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
Recent decisional law by the Court of Appeals has placed new limits on the applicability of article 14-A to some assumption of risk cases, to matters involving some labor law violations, and to violations of legal prohibitions. These limitations are important to the practitioner representing clients who seek to benefit from New York's comparative negligence statute.
Whose Right Is It Anyway?: Rethinking Competency To Stand Trial In Light Of The Synthetically Sane Insanity Defendant, Linda C. Fentiman
Whose Right Is It Anyway?: Rethinking Competency To Stand Trial In Light Of The Synthetically Sane Insanity Defendant, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article's thesis is that given the magnitude of the insanity defendant's fundamental constitutional liberties--his constitutional right to present and conduct his defense, his privilege against self-incrimination, his constitutional right to privacy and bodily integrity, and his common law right to give informed consent to medical treatment--the state's interest in assuring the defendant's competency must give way if he chooses to waive his right to be tried while competent. Most, if not all, of the purposes of the prohibition against trying an incompetent defendant can be met even if the defendant is tried without psychotropic medication as long as he …
Getting A Full Bite Of The Apple: When Should The Doctrine Of Issue Preclusion Make An Administrative Or Arbitral Determination Binding In A Court Of Law?, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
In recent years, alternative means of dispute resolution have become important resources. Therefore, the question of when the determination of issues at administrative hearings and arbitrations should be granted preclusive effect in subsequent judicial litigations requires critical evaluation. Part I of this Article focuses on the general evolution of issue preclusion in New York. Part II discusses recent New York case law giving preclusive effect to administrative and arbitral issue determinations in subsequent state court proceedings. Part III analyzes the policy reasons for applying issue preclusion to administrative and arbitral issue determinations in such proceedings. Part IV concludes that the …
Review Of "Vigilante: The Backlash Against Crime In America" By William Tucker, Steven H. Goldberg
Review Of "Vigilante: The Backlash Against Crime In America" By William Tucker, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Torts, Ralph Michael Stein
Torts, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
While the last several years have witnessed significant change in the field of tort law, viewed as advancement by some and regression by others, 1985 was a relatively stable year, at least in the courtroom. With a sometimes real, sometimes imagined, crisis in the liability insurance field, the drive to change, reform, improve, and re-package the law of civil wrongs has been in full swing. A myriad of legislative proposals followed a continued public debate, fueled by high pressure advertising campaigns, about the societal cost of the common law tort system. Local governments threatened to close parks and police departments; …
Thinking About The State: Law Reform And The Crown In Canada, David S. Cohen
Thinking About The State: Law Reform And The Crown In Canada, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
In August 1985, the Law Reform Commission of Canada released a working paper entitled "The Legal Status of the Federal Administration." The working paper calls for a re-examination of the concept of the federal Crown in Canadian law. In this article, Professor Cohen undertakes a critical examination of the focus and methodology of the Commission's work. Professor Cohen commends the Commission for its excursion into the field of law reform and the state, but points out that this working paper represents an incomplete and flawed treatment of the subject. In light of this, Professor Cohen proceeds to describe and evaluate …
Why Prosecutors Misbehave, Bennett L. Gershman
Why Prosecutors Misbehave, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The author, perhaps the nation's top authority on prosecutorial misconduct, raises and analyzes two questions: Why does this misconduct occur? (It often pays off.) And why does it continue? (There are no effective sanctions.)