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Full-Text Articles in Law

Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden Dec 2006

Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden

Articles & Chapters

Hepatitis C (HCV) in prisons is a public health crisis tied to current drug policy's emphasis on the mass incarceration of drug users. Prison policy acts as a barrier to HCV care by limiting medical care for the infected, especially drug users, and by inhibiting public health measures addressing the epidemic. This Comment argues that courts mistakenly limit prisoners' Eighth Amendment right to basic medical care when they defer to prisons that apply HCV policies as categorical rules of treatment. Where current standards of care mandate individualized patient evaluation for treatment, prison policies that eschew this principle exhibit deliberate ...


Globalnet Financial. Com V. Frank Crystal & Co., 449 F. 3d 377 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56 May 2006

Globalnet Financial. Com V. Frank Crystal & Co., 449 F. 3d 377 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-appellant GlobalNet Financial.com, Inc. ("GlobalNet") appeals from a summary judgment entered in the United States District Court for the Southern District of New York (Sweet, J.) in favor of defendant-appellee Frank Crystal & Co., Inc. ("Crystal"). The action was brought against Crystal, an insurance broker, to recover damages arising from Crystal's failure to transmit insurance cancellation notices to GlobalNet. The District Court determined that (i) New York law should apply to GlobalNet's contract claims; (ii) New York law should apply to GlobalNet's tort claims; and (iii) having applied New York law, Crystal was entitled to judgment as a matter of law.


No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel Feb 2006

No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel

Other Publications

No abstract provided.


Ceremonial Swearing-In Of Congresswoman-Elect Kirsten E. Gillibrand, Roger J. Miner '56 Jan 2006

Ceremonial Swearing-In Of Congresswoman-Elect Kirsten E. Gillibrand, Roger J. Miner '56

Judges

No abstract provided.


The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56 Jan 2006

The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56

Military Law

Judge Miner here describes his defense of a person he believes to be

the last civilian tried by court martial. The trial was conducted in

Korea in 1958 during Judge Miner's service as an officer in the

Judge Advocate General's Corps of the United States Army.

Although a challenge to the jurisdiction of the court martial was

rejected and the civilian defendant convicted of violating a currency

regulation, the conviction was set aside for another reason urged at

trial-the inadvertent repeal of the at-issue regulation. The Article

also includes a review of legal developments that occurred in the ...


Kumho For Clinicians In The Courtroom: Inconsistency In The Trial Courts, Michael L. Perlin Jan 2006

Kumho For Clinicians In The Courtroom: Inconsistency In The Trial Courts, Michael L. Perlin

Other Publications

No abstract provided.


Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana Jan 2006

Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana

Other Publications

No abstract provided.


Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana Jan 2006

Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana

Other Publications

No abstract provided.


Alaska Dp Benefits Must Begin, Arthur S. Leonard Jan 2006

Alaska Dp Benefits Must Begin, Arthur S. Leonard

Other Publications

No abstract provided.


No Toronto Nups For Irish, Arthur S. Leonard Jan 2006

No Toronto Nups For Irish, Arthur S. Leonard

Other Publications

No abstract provided.


Commentary: Former West Side Stables And Proposed East Side Tower Spawn Controversy, Ross Sandler Jan 2006

Commentary: Former West Side Stables And Proposed East Side Tower Spawn Controversy, Ross Sandler

Other Publications

No abstract provided.


Commentary: Mental Health Legislation, Michael L. Perlin Jan 2006

Commentary: Mental Health Legislation, Michael L. Perlin

Other Publications

No abstract provided.


Deductibility Of Treble Damages Paid For Breach Of National Health Service Corps Scholarship Contracts: The Misuse Of I.R.C. 265(A)(1) In Stroud V. United States And Of The Origin Of The Claim Test In Keane V. Commissioner, Richard C.E. Beck Jan 2006

Deductibility Of Treble Damages Paid For Breach Of National Health Service Corps Scholarship Contracts: The Misuse Of I.R.C. 265(A)(1) In Stroud V. United States And Of The Origin Of The Claim Test In Keane V. Commissioner, Richard C.E. Beck

Articles & Chapters

A deduction for treble damages paid for breach of the taxpayer's National Health Service Corps medical service obligation was erroneously denied under IRC 265(a)(1) in 'Stroud v. US', 906 F. Supp. 990 (1995). The provision does not apply because taxpayer's damages were not a cost of earning a tax-exempt scholarship which had been received many years earlier, but rather a deductible cost of buying out one employment obligation in order to earn taxable income in another. The history of IRC 265(a)(1) is analyzed and criticized. In 'Keane v. CIR', 75 TCM 2046 (1998), the ...


Making Paper Dolls: How Restrictions On Judicial Review And The Administrative Process Increase Immigration Cases In Federal Court, Lenni B. Benson Jan 2006

Making Paper Dolls: How Restrictions On Judicial Review And The Administrative Process Increase Immigration Cases In Federal Court, Lenni B. Benson

Articles & Chapters

Today, jurisdiction over immigration law is by no means well defined by clear limits. Limitations on jurisdiction have bred a multitude of litigation. The number of federal court cases reviewing removal orders has increased 970% in the past ten years. As of September 2005, the immigration cases represented 18% of the appellate civil docket.

Congress and the courts are not alone in augmenting the number of immigration cases in the federal courts. Congress has also urged the agencies enforcing the immigration laws to increase enforcement, to reduce backlogs and to make removal more swift and certain. At the same time ...


A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker Jan 2006

A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker

Articles & Chapters

No abstract provided.


The 2004-2005 Amendments To The Community Reinvestment Act Regulations: For Communities One Step Forward And Three Steps Back, Richard D. Marsico Jan 2006

The 2004-2005 Amendments To The Community Reinvestment Act Regulations: For Communities One Step Forward And Three Steps Back, Richard D. Marsico

Articles & Chapters

In 2001, the four federal banking agencies that enforce the Community Reinvestment Act (CRA) began a review of CRA regulations they adopted in 1995. The review lasted until they issued amendments in 2004 and 2005. The review process was controversial, tortuous, and divisive. By the time it was over, residents of the communities the CRA was intended to benefit, including low- and moderate-income and predominantly minority neighborhoods, gained a victory in their efforts to promote community reinvestment and economic development, but also lost significant ground. The victory was strengthened regulation of subprime and predatory lending. The losses included a reduction ...


The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin Jan 2006

The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin

Articles & Chapters

This article examines the boundaries of judicial interpretation as courts struggle to define the families formed by lesbians, gay men and transexuals. It compares the jurisprudence of numerous state courts examining queer families in different contexts. The article identifies three interwoven components of judicial reasoning: "lex" reasoning, grounded in the jurisdiction's binding and persuasive law; factual reasoning in which the courts must categorize queer families as analogous to those the law already recognizes or instead as something quite new and distinct; and finally methodological reasoning, in which courts self-consciously examine the boundaries of their own interpretive authority. Showing that ...


Compulsory Licenses In Peer-To-Peer File Sharing: A Workable Solution?, Michael Botein, Edward Samuels Jan 2006

Compulsory Licenses In Peer-To-Peer File Sharing: A Workable Solution?, Michael Botein, Edward Samuels

Articles & Chapters

No abstract provided.


Open Video Systems: Too Much Regulation Too Late?, Michael Botein Jan 2006

Open Video Systems: Too Much Regulation Too Late?, Michael Botein

Articles & Chapters

No abstract provided.


Courtroom Applications Of Virtual Environments, Immersive Virtual Environments, And Collaborative Virtual Environments., Jeremy Bailenson, Jim Blascovich, Andrew Beall, Beth Simone Noveck Jan 2006

Courtroom Applications Of Virtual Environments, Immersive Virtual Environments, And Collaborative Virtual Environments., Jeremy Bailenson, Jim Blascovich, Andrew Beall, Beth Simone Noveck

Articles & Chapters

This article examines the possibilities and implications of employing virtual environments (VEs), immersive virtual environments (IVEs), and collaborative virtual environments (CVEs) in the courtroom. We argue that the immersive and interactive reality created by these tools adds significant value as a simulation of experience to enhance courtroom practice. The obvious boundaries between real and virtual enhance the attractiveness of these tools as technologies of rhetorical persuasion that can be used to demonstrate subjective perspective, strengthen or impeach the credibility of witnesses, and provide the trier of fact with a better understanding of each side's perception of the facts at ...


Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck Jan 2006

Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck

Articles & Chapters

No abstract provided.


The Too Easy Historical Assumptions Of Crawford V. Washington, Randolph N. Jonakait Jan 2006

The Too Easy Historical Assumptions Of Crawford V. Washington, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Witnesses In The Confrontation Clause: Crawford V. Washington, Noah Webster, And Compulsory Process, Randolph N. Jonakait Jan 2006

Witnesses In The Confrontation Clause: Crawford V. Washington, Noah Webster, And Compulsory Process, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Dependency By Law: Poverty, Identity, And Welfare Privatization, Frank W. Munger Jan 2006

Dependency By Law: Poverty, Identity, And Welfare Privatization, Frank W. Munger

Articles & Chapters

Privatization of welfare reflects the political pressure to limit public responsibility for protection of social citizenship. Recent welfare reforms incorporate three classic market-like privatization mechanisms--contracting out services forcing allocation of a limited pool of benefits, and deregulation. Deregulation entails strategic diversion and disqualification of large numbers of would-be applicants who are left without alternatives to the labor market. In this article I discuss an empirical study of the effects of deregulation of welfare on the self-perceptions of recipients. Interviews with recipients and with low-wage health care workers, former recipients, show that, criticisms of welfare notwithstanding, they have embraced welfare reforms ...


Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair Jan 2006

Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.


The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann Jan 2006

The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann

Articles & Chapters

No abstract provided.


You Got No Secrets To Conceal: Considering The Application Of The Tarasoff Doctrine Abroad, Michael L. Perlin Jan 2006

You Got No Secrets To Conceal: Considering The Application Of The Tarasoff Doctrine Abroad, Michael L. Perlin

Articles & Chapters

No abstract provided.


Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer Jan 2006

Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer

Articles & Chapters

No abstract provided.


The Most Dangerous Profession, Rebecca Roiphe Jan 2006

The Most Dangerous Profession, Rebecca Roiphe

Articles & Chapters

This article chronicles the history of the accounting profession and explains how it has consistently failed to preserve transparency in the markets and protect the public good. I argue that the culture of the profession is due in part to the failure of earlier administrative agencies to retain private auditors for public functions such as ratemaking. Drawing on this insight, I suggest that the culture of professions in general is shaped by the work that professionals do and functions that the profession has historically served.


Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer Jan 2006

Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer

Articles & Chapters

No abstract provided.