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1998

Touro University Jacob D. Fuchsberg Law Center

Articles 1 - 30 of 115

Full-Text Articles in Law

Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine Jan 1998

Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine

Scholarly Works

Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …


Medtronic V. Lohr: For Want Of A Word, The Patient Was Almost Lost - Fixing The Mischief Caused In Cipollone By Dividing The Preemption Stream, Suzanne Darrow-Kleinhaus Jan 1998

Medtronic V. Lohr: For Want Of A Word, The Patient Was Almost Lost - Fixing The Mischief Caused In Cipollone By Dividing The Preemption Stream, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.


Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman Jan 1998

Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman

Scholarly Works

No abstract provided.


Academic Freedom In Religiously Affiliated Law Schools: A Jewish Perspective. (Symposium On Religiously Affiliated Law Schools), Howard A. Glickstein Jan 1998

Academic Freedom In Religiously Affiliated Law Schools: A Jewish Perspective. (Symposium On Religiously Affiliated Law Schools), Howard A. Glickstein

Scholarly Works

No abstract provided.


New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer Jan 1998

New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer

Scholarly Works

No abstract provided.


The Brady Act: Shot Down By The Tenth Amendment, Patricia A. Rooney Jan 1998

The Brady Act: Shot Down By The Tenth Amendment, Patricia A. Rooney

Scholarly Works

No abstract provided.


Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine Jan 1998

Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Scholarly Works

In recent years, the United States Supreme Court has shown an increasing unwillingness to engage in deciding matters that relate to the interpretation of religious practice and belief. While the Justices have articulated valid concerns concerning these cases, courts should not allow these concerns to deter them from making decisions vital to the effective adjudication of Free Exercise and Establishment Clause cases. In fact, it appears that as a result of the Court's increasing refusal to consider carefully the religious questions central to many cases, the Court often tends to group together religious claims and practices, regardless of the relative …


Halacha And Aggada: Translating Robert Cover’S Nomos And Narrative, Samuel J. Levine Jan 1998

Halacha And Aggada: Translating Robert Cover’S Nomos And Narrative, Samuel J. Levine

Scholarly Works

Levine takes a look at Robert Cover's 1983 Harvard Law Review article, Nomos and Narrative. Nomos is characterized by its heavy reliance on Jewish sources as a basis for analyzing contemporary American legal theory. The basis of narrative is the thesis that no set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning, so law becomes not merely a system of rules to be observed, but a world in which we live. Cover's explanation of these ideas coincided with and influenced the emergence of what has become known as "legal storytelling". In …


Unenumerated Constitutional Rights And Unenumerated Biblical Obligations: A Preliminary Study In Comparative Hermeneutics, Samuel J. Levine Jan 1998

Unenumerated Constitutional Rights And Unenumerated Biblical Obligations: A Preliminary Study In Comparative Hermeneutics, Samuel J. Levine

Scholarly Works

In his 1986 Yale Law Journal article, Robert Cover wrote of an explosion of legal scholarship placing interpretation at the crux of the enterprise of law. As part of the continuing emphasis on hermeneutics in constitutional interpretation, a body of literature has emerged comparing constitutional textual analysis to Biblical hermeneutics. This scholarship has been based on the recognition that, like the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community. Levine looks at a basic hermeneutic device common to both Biblical and constitutional interpretation, the …


Section 1983 Litigation, Martin A. Schwartz, George C. Pratt Jan 1998

Section 1983 Litigation, Martin A. Schwartz, George C. Pratt

Scholarly Works

No abstract provided.


Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz Jan 1998

Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz

Scholarly Works

No abstract provided.


Reflections On Way Paving Jewish Justices And Jewish Women, Justice Ruth Bader Ginsburg Jan 1998

Reflections On Way Paving Jewish Justices And Jewish Women, Justice Ruth Bader Ginsburg

Touro Law Review

No abstract provided.


Introduction, Honorable Leon D. Lazer Jan 1998

Introduction, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


Introduction, Dean Howard Glickstein Jan 1998

Introduction, Dean Howard Glickstein

Touro Law Review

No abstract provided.


Physician Assisted Suicide, Leon Friedman Jan 1998

Physician Assisted Suicide, Leon Friedman

Touro Law Review

No abstract provided.


Voting Rights, Eric Lane Jan 1998

Voting Rights, Eric Lane

Touro Law Review

No abstract provided.


Section 1983 Litigation, Honorable George C. Pratt, Martin A. Schwartz Jan 1998

Section 1983 Litigation, Honorable George C. Pratt, Martin A. Schwartz

Touro Law Review

No abstract provided.


Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein Jan 1998

Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz, Honorable George C. Pratt Jan 1998

Section 1983 Litigation, Martin A. Schwartz, Honorable George C. Pratt

Touro Law Review

No abstract provided.


High Drama On The High Court: The First Amendment In The 1996 Term, Marjorie Heins Jan 1998

High Drama On The High Court: The First Amendment In The 1996 Term, Marjorie Heins

Touro Law Review

No abstract provided.


Immediate Accessibility Or Mere Transport: The Dueling Interpretations Of The "Carrying" Element Of 18 U.S.C. § 924 (C)(1), Laurette Domingo Mulry Jan 1998

Immediate Accessibility Or Mere Transport: The Dueling Interpretations Of The "Carrying" Element Of 18 U.S.C. § 924 (C)(1), Laurette Domingo Mulry

Touro Law Review

No abstract provided.


Employment Discrimination And Presidential Immunity Cases, Dean Eileen Kaufman Jan 1998

Employment Discrimination And Presidential Immunity Cases, Dean Eileen Kaufman

Touro Law Review

No abstract provided.


Tort Law, Honorable Leon D. Lazer Jan 1998

Tort Law, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


Sexual Discrimination And Sexual Misconduct: Applying New York's Gender-Specific Sexual Misconduct Law To Consenting Minors, Douglas Mcnamara Jan 1998

Sexual Discrimination And Sexual Misconduct: Applying New York's Gender-Specific Sexual Misconduct Law To Consenting Minors, Douglas Mcnamara

Touro Law Review

No abstract provided.


The Brady Act: Shot Down By The Tenth Amendment, Patricia Rooney Jan 1998

The Brady Act: Shot Down By The Tenth Amendment, Patricia Rooney

Touro Law Review

No abstract provided.


Hopwood, Equal Protection, And Affirmative Action: Can Anyone's Ox Be Gored?, David J. Jannuzzi Jan 1998

Hopwood, Equal Protection, And Affirmative Action: Can Anyone's Ox Be Gored?, David J. Jannuzzi

Touro Law Review

No abstract provided.


New York State Constitutional Law Trends And Developments: Introduction, Howard Glickstein, Barry Latzer Jan 1998

New York State Constitutional Law Trends And Developments: Introduction, Howard Glickstein, Barry Latzer

Touro Law Review

No abstract provided.


New York's State Constitution In National Context, Robert F. Williams Jan 1998

New York's State Constitution In National Context, Robert F. Williams

Touro Law Review

No abstract provided.


When Is The New York Court Of Appeals Justified In Deviating From Federal Constitutional Interpretation?, Honorable Richard D. Simons Jan 1998

When Is The New York Court Of Appeals Justified In Deviating From Federal Constitutional Interpretation?, Honorable Richard D. Simons

Touro Law Review

No abstract provided.


Freedom Of Speech - How Does The New York State Constitution Compare To The United States Constitution?, Eileen Kaufman, Leon Friedman Jan 1998

Freedom Of Speech - How Does The New York State Constitution Compare To The United States Constitution?, Eileen Kaufman, Leon Friedman

Touro Law Review

No abstract provided.