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2003

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New York Law School

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Full-Text Articles in Law

Us V. Pimentel, 346 F. 3d 285 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56 Oct 2003

Us V. Pimentel, 346 F. 3d 285 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

These appeals arise from the January 9, 1995 gang-related murder of Galiat Santiago. Instead of being tried in New York State Supreme Court for violating the New York Penal Law, defendants-appellants Joanna Pimentel and George Viruet (collectively, the "Defendants") were tried by a jury and convicted in the United States District Court for the Eastern District of New York (Johnson, J.). The Defendants were charged with violations of various federal laws, including the Violent Crimes in Aid of Racketeering ("VCAR") statute, 18 U.S.C. § 1959. VCAR provides for the federal prosecution of violent crime "when those allegedly responsible participated …


Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard Oct 2003

Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard

Articles & Chapters

Law evolves more slowly than pop culture or public attitude. Because most exonerations have not resulted in written legal opinions, their impact is slowly seeping into case law. However, courts are influenced by the same news that sways the rest of us. Even without explicitly referring to innocence or wrongful convictions, modern trial courts are undoubtedly more likely to admit expert testimony on the question of eyewitness identification because they are painfully aware of just how easily such witnesses - no matter how honest or passionate - can be wrong. They are certainly more inclined to view confessions suspiciously, especially …


Accumulation Of Tissue Factor Into Developing Thrombi In Vivo Is Dependent Upon Microparticle P-Selectin Glycoprotein Ligand 1 And Platelet P-Selectin, Shahrokh Falati, Qingde Liu, Peter Gross, Glenn Merrill-Skoloff, Janet Chou, Erik Vandendries, Alessandro Celi, Kevin Croce, Barbara C. Furie, Bruce Furie Jun 2003

Accumulation Of Tissue Factor Into Developing Thrombi In Vivo Is Dependent Upon Microparticle P-Selectin Glycoprotein Ligand 1 And Platelet P-Selectin, Shahrokh Falati, Qingde Liu, Peter Gross, Glenn Merrill-Skoloff, Janet Chou, Erik Vandendries, Alessandro Celi, Kevin Croce, Barbara C. Furie, Bruce Furie

Articles & Chapters

Using a laser-induced endothelial injury model, we examined thrombus formation in the microcirculation of wild-type and genetically altered mice by real-time in vivo microscopy to analyze this complex physiologic process in a system that includes the vessel wall, the presence of flowing blood, and the absence of anticoagulants. We observe P-selectin expression, tissue factor accumulation, and fibrin generation after platelet localization in the developing thrombus in arterioles of wild-type mice. However, mice lacking P-selectin glycoprotein ligand 1 (PSGL-1) or P-selectin, or wild-type mice infused with blocking P-selectin antibodies, developed platelet thrombi containing minimal tissue factor and fibrin. To explore the …


The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills Jan 2003

The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills

Articles & Chapters

Unpublished appellate judicial opinions present formidable challenges for modern legal researchers, from both practical and ethical points of view. The practice of selective publication of court opinions, and attendant court rules that restrict citation of unpublished opinions, have long been the subject of debate within legal profession. The recent case of Anastasoff v. United States, 223 F.3d 898 (8th Cir. 2000), vacated as moot 235 F.3d 1054 (8th Cir. 2000), has rekindled this debate, giving it a new constitutional dimension, and placing it squarely within the context of judicial accountability and the appropriate separation of powers among our branches of …


Eulogy: Dr. Theodore L. Biddle, Roger J. Miner '56 Jan 2003

Eulogy: Dr. Theodore L. Biddle, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.


Testimonial Dinner: George And Joanne Dixon, Roger J. Miner '56 Jan 2003

Testimonial Dinner: George And Joanne Dixon, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.


Harmonizing Rules 609 And 608 (B) Of The Federal Rules Of Evidence, Donald H. Zeigler Jan 2003

Harmonizing Rules 609 And 608 (B) Of The Federal Rules Of Evidence, Donald H. Zeigler

Articles & Chapters

No abstract provided.


Therapeutic Jurisprudence And Outpatient Commitment Law: Kendra’S Law As Case Study, Michael L. Perlin Jan 2003

Therapeutic Jurisprudence And Outpatient Commitment Law: Kendra’S Law As Case Study, Michael L. Perlin

Articles & Chapters

No abstract provided.


Legal Services In The Doha Round, Sydney M. Cone Iii. Jan 2003

Legal Services In The Doha Round, Sydney M. Cone Iii.

Articles & Chapters

As a subcategory of professional services and a sub-subcategory of business services, legal services, when supplied transnationally, are the subject of negotiation in the current round of multilateral trade negotiation known as the Doha Round. The negotiations on legal services that take place in the Doha Round have considerable potential for affecting the economics and activities of lawyers and law firms, and for influencing the content of local professional rules governing the practice of law. This article examines that potential.


Anastasoff Versus Hart: The Constitutionality And Wisdom Of Denying Precedental Authority To Circuit Court Decisions, Michael B.W. Sinclair Jan 2003

Anastasoff Versus Hart: The Constitutionality And Wisdom Of Denying Precedental Authority To Circuit Court Decisions, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.


Life Is In Mirrors, Death Disappears: Giving Life To Atkins, Michael L. Perlin Jan 2003

Life Is In Mirrors, Death Disappears: Giving Life To Atkins, Michael L. Perlin

Articles & Chapters

No abstract provided.


Thrombus Formation: Direct Real‐Time Observation And Digital Analysis Of Thrombus Assembly In A Living Mouse By Confocal And Widefield Intravital Microscopy, A. Celi, G Merrill-Skoloff, P. Gross, Shahrokh Falati, D. S. Sim, R. Flaumenhaft, B. C. Furie, B. Furie Jan 2003

Thrombus Formation: Direct Real‐Time Observation And Digital Analysis Of Thrombus Assembly In A Living Mouse By Confocal And Widefield Intravital Microscopy, A. Celi, G Merrill-Skoloff, P. Gross, Shahrokh Falati, D. S. Sim, R. Flaumenhaft, B. C. Furie, B. Furie

Articles & Chapters

We have developed novel instrumentation using confocal and widefield microscopy to image and analyze thrombus formation in real time in the microcirculation of a living mouse. This system provides high-speed, near-simultaneous acquisition of images of multiple fluorescent probes and a brightfield channel, and supports laser-induced injury through the microscope optics. Although this imaging facility requires interface of multiple hardware components, the primary challenge in vascular imaging is careful experimental design and interpretation. This system has been used to localize tissue factor during thrombus formation, to observe defects in thrombus assembly in genetically altered mice, to study the kinetics of platelet …


Grandparent Visitation Claims: Assessing The Multiple Harms Of Litigation To Families And Children, Stephen A. Newman Jan 2003

Grandparent Visitation Claims: Assessing The Multiple Harms Of Litigation To Families And Children, Stephen A. Newman

Articles & Chapters

This article provides a detailed appraisal of the negative consequences of grandparent visitation lawsuits, and of the harms caused by state-coerced grandparent visitation, in the context of the malfunctioning extended family. I suggest that the special weight afforded a fit parent's decision should be very substantial, and that it should be dispositive of the case unless the grandparent can produce convincing evidence showing that extraordinary circumstances, involving clear harm to the child, justify court ordered visitation. This high degree of deference to parents derives from two features of grandparent visitation cases that deserve more attention than they have received so …


Transitional Justice Genealogy (Symposium: Human Rights In Transition), Ruti G. Teitel Jan 2003

Transitional Justice Genealogy (Symposium: Human Rights In Transition), Ruti G. Teitel

Articles & Chapters

No abstract provided.


The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii. Jan 2003

The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.


You Have Discussed Lepers And Crooks. Sanism In Clinical Teaching, Michael L. Perlin Jan 2003

You Have Discussed Lepers And Crooks. Sanism In Clinical Teaching, Michael L. Perlin

Articles & Chapters

There is a robust clinical literature on how issues of race and gender may influence all aspects of the clinicalsetting: the relationship between student and client, the relationship between student and student, the relationship between student and clinical supervisor, the attitude of the fact-finder toward the clinical client. But there has been virtually no attention paid to the role of sanism in the clinical setting.

Sanism is an irrational prejudice of the same quality and character as other irrational prejudices that cause and are reflected in prevailing social attitudes of racism, sexism, homophobia and ethnic bigotry. It permeates all aspects …


Remarks, Unveiling Of The Portrait Of Judge Roger J. Miner '56, Roger J. Miner '56 Jan 2003

Remarks, Unveiling Of The Portrait Of Judge Roger J. Miner '56, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.


When The Endowment Tanks, Jeffrey J. Haas Jan 2003

When The Endowment Tanks, Jeffrey J. Haas

Articles & Chapters

No abstract provided.


Rethinking The Death Penalty: Can We Define Who Deserves Death?, Martin Leahy, Robert Blecker, William M. Erlbaum, Jeffrey Fagan, Norman Greene, Jeffrey Kirchmeier, David Von Drehle Jan 2003

Rethinking The Death Penalty: Can We Define Who Deserves Death?, Martin Leahy, Robert Blecker, William M. Erlbaum, Jeffrey Fagan, Norman Greene, Jeffrey Kirchmeier, David Von Drehle

Articles & Chapters

No abstract provided.


The Demise Of The Information Superhighway, Michael Botein Jan 2003

The Demise Of The Information Superhighway, Michael Botein

Articles & Chapters

No abstract provided.


A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused Jan 2003

A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused

Articles & Chapters

No abstract provided.


Book Review: Bachrach And Turner, Sugar’S Life In The Hood: A Story Of A Former Welfare Mother, Frank W. Munger Jan 2003

Book Review: Bachrach And Turner, Sugar’S Life In The Hood: A Story Of A Former Welfare Mother, Frank W. Munger

Other Publications

No abstract provided.


Operation Iraqi Freedom: Just Or Unjust War? Humanitarian Action, Or Simply Geopolitics?, Ruti G. Teitel Jan 2003

Operation Iraqi Freedom: Just Or Unjust War? Humanitarian Action, Or Simply Geopolitics?, Ruti G. Teitel

Other Publications

No abstract provided.


Women's Human Rights And The Conversation Across Cultures, Penelope Andrews Jan 2003

Women's Human Rights And The Conversation Across Cultures, Penelope Andrews

Articles & Chapters

This comment examines the vision of women's rights and equality as outlined in CEDAW. It raises some of thepossibilities and limitations associated with universalizing legal norms in a context of enormous global disparities, particularly in material and cultural terms.


Beyond Dusky And Godinez: Competency Before And After Trial, Michael L. Perlin Jan 2003

Beyond Dusky And Godinez: Competency Before And After Trial, Michael L. Perlin

Articles & Chapters

Scholars have carefully considered all aspects of the incompetency to stand trial process, questions involving incompetency to confess, questions involving incompetency to be executed, and, to a lesser extent, questions related to incompetency to plead guilty or to waive counsel, but little attention has been paid to the relationship between incompetency and the full range of other criminal procedure issues: sentencing, appeals, consent to searches, and others. This article discusses this range of issues, assesses the factors relied upon by courts in deciding these cases and attempts to offer an agenda for future scholarly developments in this area.


Sanism And The Law, Michael L. Perlin Jan 2003

Sanism And The Law, Michael L. Perlin

Articles & Chapters

No abstract provided.


Two Colored Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews Jan 2003

Two Colored Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews

Articles & Chapters

This is a critique by two non-white law professors in the form of a conversation about the relevance offeminist law journals on their lives and scholarship. We conclude that the impression that feministscholarship now is accepted in mainstream law reviews may be illusory and thus there is a continuing need for feminist law journals. In the past rather than creating a new type of journal, feminist law journals tend to replicate the traditional law journal model. Only the focus is different. Twenty years later not only do race and sexuality continue to separate us, but increasingly, careerism as well. The …


Begged, Borrowed Or Stolen: Whose Art Is It, Anyway - An Alternative Solution Of Fine Art Licensing, Judith Bresler Jan 2003

Begged, Borrowed Or Stolen: Whose Art Is It, Anyway - An Alternative Solution Of Fine Art Licensing, Judith Bresler

Articles & Chapters

Part II


Poverty, Welfare, And The Affirmative State [Comments], Frank W. Munger Jan 2003

Poverty, Welfare, And The Affirmative State [Comments], Frank W. Munger

Articles & Chapters

No abstract provided.


The Serpent Beguiled Me: A History Of The Entrapment Defense, Rebecca Roiphe Jan 2003

The Serpent Beguiled Me: A History Of The Entrapment Defense, Rebecca Roiphe

Articles & Chapters

No abstract provided.