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Full-Text Articles in Law

Contracting In The Age Of The Internet Of Things: Article 2 Of The Ucc And Beyond, Stacy-Ann Elvy Apr 2016

Contracting In The Age Of The Internet Of Things: Article 2 Of The Ucc And Beyond, Stacy-Ann Elvy

Articles & Chapters

This Article analyzes the global phenomenon of the Internet of Things (“IOT”) and its potential impact on consumer contracts for the sale of goods. Recent examples of IOT products include Amazon’s Dash Replenishment Service, which allows household devices to automatically reorder goods. By 2025, the IOT is estimated to have an economic impact of as much as $11.1 trillion. To date, there are approximately fifteen billion interconnected devices, and by 2020, there will be fifty billion such devices worldwide. IOT devices will revolutionize the way that consumers shop for consumable supplies and other goods. Consumers will no longer need to …


Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen Jan 2016

Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen

Articles & Chapters

No abstract provided.


Protecting Products Versus Platforms, Jacob S. Sherkow Jan 2016

Protecting Products Versus Platforms, Jacob S. Sherkow

Articles & Chapters

Patents have long been the most important legal assets of biotech companies. Increasingly, however, biotech firms find themselves on one side of a divide: as either traditional product companies or platform companies. Given the differences between these two types of business models, the merits of intellectual property (IP) protection vary between them. This article explores how those differences relate to biotech startups and entrepreneurs seeking to protect their inventions.


Current Issues In Therapeutic Jurisprudence, David Wexler Jan 2016

Current Issues In Therapeutic Jurisprudence, David Wexler

Articles & Chapters

No abstract provided.


Advocacy At The Leading Edge Of Social Change: The Importance Of Front Line Innovators, Frank W. Munger Jan 2016

Advocacy At The Leading Edge Of Social Change: The Importance Of Front Line Innovators, Frank W. Munger

Articles & Chapters

No abstract provided.


Do We Need Subject Matter-Specific Pedagogies?, Kris Franklin Jan 2016

Do We Need Subject Matter-Specific Pedagogies?, Kris Franklin

Articles & Chapters

No abstract provided.


When All Else Fails: The Evolution Of Customer Asset Protections After Brokerage Bankruptcy, Ronald H. Filler Jan 2016

When All Else Fails: The Evolution Of Customer Asset Protections After Brokerage Bankruptcy, Ronald H. Filler

Articles & Chapters

No abstract provided.


Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen Jan 2016

Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen

Articles & Chapters

No abstract provided.


Infinity Goes On Trial: Sanism, Pretextuality, And The Representation Of Defendants With Mental Disabilities, Michael L. Perlin Jan 2016

Infinity Goes On Trial: Sanism, Pretextuality, And The Representation Of Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This paper, presented to the mid-winter meeting of the National Association of Criminal Defense Lawyers (Austin, TX, 2/18/16), explains why it is essential for lawyers representing criminal defendants with mental disabilities to understand the meanings and contexts of sanism - a largely invisible and largely socially acceptable irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry - and pretextuality - the means by which courts regularly accept (either implicitly or explicitly) testimonial dishonesty, countenance liberty deprivations in disingenuous ways that bear …


We Built It And They Did Not Come: Using Governance Theory In The Fight For Food Justice In Low-Income Communities Of Color, Deborah N. Archer, Tamara Belinfanti Jan 2016

We Built It And They Did Not Come: Using Governance Theory In The Fight For Food Justice In Low-Income Communities Of Color, Deborah N. Archer, Tamara Belinfanti

Articles & Chapters

Food deserts and food insecurity have received considerable attention from various stakeholders, such as state and local governments, community organizations, and private sector institutions. These stakeholders have sought to overcome food insecurity by turning food deserts into oases by providing “access” to fresh, healthy food. However, many of their solutions—building supermarkets and sponsoring farmers markets—have missed the mark. Residents of food deserts did not flock to grocery stores to purchase fruits andvegetables. As a result, many stakeholders blame the residents of food deserts for their own predicament, lamenting, to paraphrase Field of Dreams, “we built it but they did not …


Academia - Notable Alumni List, New York Law School Jan 2016

Academia - Notable Alumni List, New York Law School

At 125 Years

A list of notable alumni in the field of academia.


Amlaw 200 - Alumni List, New York Law School Jan 2016

Amlaw 200 - Alumni List, New York Law School

At 125 Years

List of alumni who are members of the AmLaw 200.


General Counsel - Notable Alumni List, New York Law School Jan 2016

General Counsel - Notable Alumni List, New York Law School

At 125 Years

A list of notable alumni who are general counsel.


Corporate General Counsel - List Of Prominent Alumni, New York Law School Jan 2016

Corporate General Counsel - List Of Prominent Alumni, New York Law School

At 125 Years

A list of prominent alumni who serve as general counsel in the corporate world.


Name Partners - List Of Prominent Alumni, New York Law School Jan 2016

Name Partners - List Of Prominent Alumni, New York Law School

At 125 Years

A list of prominent alumni who are name partners in firms.


Alumni Around The Globe - International Alumni List, New York Law School Jan 2016

Alumni Around The Globe - International Alumni List, New York Law School

At 125 Years

A list of alumni working abroad broken down by country.


Sports And Entertainment - Notable Alumni List, New York Law School Jan 2016

Sports And Entertainment - Notable Alumni List, New York Law School

At 125 Years

A list of notable alumni within the sports and entertainment industries.


Bar Association Leaders List, New York Law School Jan 2016

Bar Association Leaders List, New York Law School

At 125 Years

A list of alumni bar association leaders


Notable Alumni Authors, New York Law School Jan 2016

Notable Alumni Authors, New York Law School

At 125 Years

A list of books authored by NYLS alumni.


The Next Fifteen Years, Melynda Barnhart Jan 2016

The Next Fifteen Years, Melynda Barnhart

Articles & Chapters

No abstract provided.


Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips Jan 2016

Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips

Articles & Chapters

From the late 17th century, the Religious Society of Friends (“Quakers”) observed a method of resolving disputes arising within congregations that was scripturally based, and culminated in final and binding arbitration. The practice of Quaker arbitration gradually disappeared during the late 19th and early 20th centuries, and few modern Quakers are even aware of it. This article traces that decline and notes similarities with mercantile arbitration. In both religious and mercantile arbitration, a defined community valued the goal of avoiding group disruption more than the goal of vindicating individual legal rights. In both cases, members of the community applied distinct …


Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jan 2016

Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell

Articles & Chapters

Politically charged claims about both "capitalism" and "risk" became increasingly insistent in the late twentieth century. The end of the post-World War II boom in the 1970s and the subsequent breakup of the Soviet Union inspired fervent new commitments to capitalist ideas and institutions. At the same time structural changes in the American economy and expanded industrial development across the globe generated sharpening anxieties about the risks that those changes entailed. One result was an outpouring of roseate claims about capitalism and its ability to control those risks, including the use of new techniques of "risk management" to tame financial …


Contemplating The Gap-Filling Role Of Social Intrapreneurship, Tamara Belinfanti Jan 2016

Contemplating The Gap-Filling Role Of Social Intrapreneurship, Tamara Belinfanti

Articles & Chapters

Social intrapreneurs occupy an intersectional space within the large corporate form at the crossroads of innovation, profit, and social good. They are often described as "disruptive" because they devise new ways to tackle problems, usually social in nature, in a manner that disrupts traditional operating models or long-standing assumptions. Although much has been written about social intrapreneurs in managerial literature, legal literature has been silent. This Article reverses that trend and develops a theory of social intrapreneurship from a corporate law perspective. Specifically, this Article posits that social intrapreneurship in terms of praxis, characteristics, and process can be conceptualized as …


Commentary On Evan Mckenzie, The Relationship Between The Rise Of Private Communities And Increasing Socioeconomic Stratification, Gerald Korngold Jan 2016

Commentary On Evan Mckenzie, The Relationship Between The Rise Of Private Communities And Increasing Socioeconomic Stratification, Gerald Korngold

Articles & Chapters

No abstract provided.


Merchants And Thieves, Hungry For Power: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin Jan 2016

Merchants And Thieves, Hungry For Power: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

In spite of the Supreme Court’s decisions in Ford v. Wainwright (1986), Atkins v. Virginia (2002), and Hall v. Florida (2014), persons with severe psychosocial and intellectual disabilities continue to be given death sentences, in some cases leading to actual execution. Although the courts have been aware of this for decades -- dating back at least to the infamous Ricky Rector case in Arkansas -- these base miscarriages of justice continue and show no sign of abating. Scholars have written clearly and pointedly on this issue (certainly, more frequently since the Atkins decision in 2002), but little has changed.

I …


An Empirical Study Of Modification And Termination Of Conservation Easements: What The Data Suggest About Appropriate Legal Rules, Gerald Korngold, Semida Munteanu, Lauren Smith Jan 2016

An Empirical Study Of Modification And Termination Of Conservation Easements: What The Data Suggest About Appropriate Legal Rules, Gerald Korngold, Semida Munteanu, Lauren Smith

Articles & Chapters

The acquisition of conservation easements by nonprofit organizations (“NPOs”) over the past twenty-five years has revolutionized the preservation of American land. Recently, however, legislatures, courts, practitioners, and commentators have debated whether and how conservation easements should be modified and even terminated. The discussion has almost always been on a theoretical level without empirical grounding and has sometimes generated much heat but little light. The discussion has lacked the necessary empirical context to allow legislatures and courts to thoughtfully develop resolutions to these issues free from sloganeering and posturing.

This article provides and analyzes a previously uncollected dataset that offers guidance …


Unraveling The Law Of War, Stephen J. Ellmann Jan 2016

Unraveling The Law Of War, Stephen J. Ellmann

Articles & Chapters

No abstract provided.


The High Power Of The Lower Courts, Doni Gewirtzman Jan 2016

The High Power Of The Lower Courts, Doni Gewirtzman

Other Publications

No abstract provided.


The Funny Thing About Forced Arbitration And The Cfpb, Joanne Doroshow Jan 2016

The Funny Thing About Forced Arbitration And The Cfpb, Joanne Doroshow

Other Publications

No abstract provided.


Judicial Externships, Mariana Hogan, Michael Roffer Jan 2016

Judicial Externships, Mariana Hogan, Michael Roffer

Articles & Chapters

No abstract provided.