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Articles 1 - 12 of 12
Full-Text Articles in Law
Reflections On Client Perjury, Bennett L. Gershman
Reflections On Client Perjury, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Most experienced prosecutors, judges, and defense attorneys would probably agree that perjury in the criminal justice system occurs often. Although the frequency of perjury has never empirically been demonstrated, it is not surprising that with so much at stake, prosecution and defense witnesses would be tempted to fabricate testimony to meet the exigencies of the case. Detecting and dealing with perjurious testimony, however, is another matter. Implicated are complex legal and ethical problems for both prosecutors and defense attorneys. The judiciary's response to these problems, moreover, has largely been formalistic, without enunciating sufficiently clear standards to guide future behavior.
Nonparty Document Discovery From Corporations And Governmental Entities Under The Federal Rules Of Civil Procedure, Jay C. Carlisle
Nonparty Document Discovery From Corporations And Governmental Entities Under The Federal Rules Of Civil Procedure, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
This Article will analyze the various approaches courts follow when deciding if a nonparty can be compelled to produce documents located outside the judicial district where a rule 45 subpoena duces tecum is issued. Part I will review the procedure for nonparty document discovery and discuss the decisional law applying the enforcement provisions of rule 45. Part II will analyze the jurisdictional principles used by federal district courts to determine when documents under the control of nonparties, and not located within the territorial limits of the court, should be produced for discovery purposes. Part III will recommend the appropriate approach …
Civil Practice, Jay C. Carlisle
Civil Practice, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
During the Survey year, legislation was enacted relating to twenty-seven of the sixty-five articles of the CPLR. Additionally, there have been significant developments in the decisional law of res judicata. These and other areas should be of interest to the practitioner.
There's No Reason For It; It's Just Our Policy: The Well-Pleaded Complaint Rule Sabotages The Purposes Of Federal Question Jurisdiction, Donald L. Doernberg
There's No Reason For It; It's Just Our Policy: The Well-Pleaded Complaint Rule Sabotages The Purposes Of Federal Question Jurisdiction, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
This Article is presented in three parts. Section I traces the statutory and case development of federal question jurisdiction, both under the constitutional and statutory “arising under”' language. Section II demonstrates the problems that the Mottley rule has caused in building a rational system of federal question jurisdiction, particularly in cases seeking declaratory judgments. Section III contends that the Mottley rule is irrational because it is a mechanical rule that ignores important policy considerations underlying the existence of federal question jurisdiction. Section III goes on to suggest that federal question jurisdiction should depend upon the centrality of the federal issue …
The Former Client's Disqualification Gambit: A Bad Move In Pursuit Of An Ethical Anomaly, Steven H. Goldberg
The Former Client's Disqualification Gambit: A Bad Move In Pursuit Of An Ethical Anomaly, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
This Article contends that the successive conflict and imputed disqualification rules in combination are both bad law and bad ethics and that a different approach would be better for clients, for the adversary system, and for the profession. Part I of the Article analyzes the development of the successive conflict and the imputed disqualification doctrines. It demonstrates that two different, not always consistent, theories caused the successive conflict disqualification principles to develop erratically, resulting in a set of rules incompatible with either supporting rationale. Part II explains why the incorporation of that set of rules into the Model Rules of …
Constitutional Limits On The Power To Take Private Property: Public Purpose And Public Use, John A. Humbach
Constitutional Limits On The Power To Take Private Property: Public Purpose And Public Use, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The rights/freedoms dichotomy tacitly permeates Supreme Court ‘takings' jurisprudence, and it has an explanatory power which extends to virtually all ‘takings' cases decided by the Court. Its explanatory power does not, however, extend to the relatively few cases which involve the taking of ‘rights' for purely private use, that is rearrangements of existing private property rights, as opposed to takings for use by the government or its designees in some public service function. Because rearranging the existing pattern of private ownership takes ‘rights' and not mere ‘freedoms,’ we might expect, according to the rights/freedoms pattern, that the Court would uniformly …
The City University Of New York Law School: An Insider's Report, Vanessa Merton
The City University Of New York Law School: An Insider's Report, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
The Law School of the City University of New York ("CUNY") is an experiment in whether it is possible for lawyers to integrate their lives. It is not, primarily, an institution with a somewhat novel, somewhat derivative, approach to legal education (although it is that). It is a place where lawyers try to bridge the gap between love and work, those so often dichotomized constituents of life. At CUNY we are trying simultaneously to equip students for survival in the current legal system and to burden them with a critical perspective on that system; to do and think, to practice …
Standards Of Conduct For Directors Of Nonprofit Corporations, James J. Fishman
Standards Of Conduct For Directors Of Nonprofit Corporations, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This Article analyzes the standards of care and loyalty that should apply to directors of nonprofit corporations. It suggests that the movement toward corporate law principles neither reflects the differences in the types of nonprofit corporations nor provides a coherent rationale for the conduct regulated. The "trust law"-"corporate law" distinction has often centered upon the label to be applied rather than on an analysis of the principles involved. Too often the selection of the label has determined the result. At other times, the label has been used as a convenient rationalization of a socially desirable conclusion. This Article will attempt …
Torts, Ralph Michael Stein
Torts, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
During the 1986 Survey year, a number of cases of interest to practitioners were decided by the courts of New York. There have been several new legislative enactments which will also have a direct impact upon the practice of tort law. These enactments are analyzed elsewhere in this Survey volume. Following past practice, cases of the greatest significance will be highlighted, as well as those oddities which make tort law a stage for the human comedy.
Economic Due Process And The Takings Clause, John A. Humbach
Economic Due Process And The Takings Clause, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The discussion which follows will examine the new verbalizations repeatedly employed in Supreme Court takings decisions of the past decade and the Court's enlistment of the just compensation requirement as a basis for undertaking substantive review of legislation. As an introduction, the distinctive historical roles and roots of the substantive due process and just compensation requirements will be reviewed.
The Duty To Warn In Products Liability: Contours And Criticism, M. Stuart Madden
The Duty To Warn In Products Liability: Contours And Criticism, M. Stuart Madden
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
What Your Opening Statement Should And Shouldn't Do: Some Surprising Advice, Steven H. Goldberg
What Your Opening Statement Should And Shouldn't Do: Some Surprising Advice, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
Prosecutors and criminal defense attorneys would do well to consider how civil trial lawyers fashion their opening statements. As with any other part of the trial, the primary question to be answered in constructing an opening statement is: What do I want to accomplish? In civil cases the answer is almost always that each lawyer wants to persuade the jurors that the lawyer's version of the dispute is more likely to be correct than the opponent's. Opening statements in criminal trials, however, do not usually sound as if they were constructed with that goal in mind. Most fall into two …