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Articles 1 - 30 of 124
Full-Text Articles in Law
Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden
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 indifference …
Globalnet Financial. Com V. Frank Crystal & Co., 449 F. 3d 377 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56
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 …
No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel
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.
The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56
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
aftermath of …
Ceremonial Swearing-In Of Congresswoman-Elect Kirsten E. Gillibrand, Roger J. Miner '56
Ceremonial Swearing-In Of Congresswoman-Elect Kirsten E. Gillibrand, Roger J. Miner '56
Judges
No abstract provided.
Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg
Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg
NYLS Law Review
No abstract provided.
Organizations, Movements, And Networks, Charles Heckscher
Organizations, Movements, And Networks, Charles Heckscher
NYLS Law Review
No abstract provided.
Evolving Understandings Of American Federalism: Some Shifting Parameters, Edward A. Purcell Jr.
Evolving Understandings Of American Federalism: Some Shifting Parameters, Edward A. Purcell Jr.
NYLS Law Review
No abstract provided.
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
NYLS Law Review
No abstract provided.
Seeking Privacy: Examining A Role For The Fiduciary In Protecting Personal Information, Marcey L. Grigsby
Seeking Privacy: Examining A Role For The Fiduciary In Protecting Personal Information, Marcey L. Grigsby
NYLS Law Review
No abstract provided.
Galindo V. Town Of Clarkstown, Eric C. Goldstein
Galindo V. Town Of Clarkstown, Eric C. Goldstein
NYLS Law Review
No abstract provided.
Introduction, Lenni Benson
People V. Lopez, Geoffrey Goell
In Memoriam, Joseph H. Koffler, Richard Matasar
Introduction, Cameron Stracher
Reflections On The Law Review Symposium On Women’S Rights And Pornography: Big Sister, Big Brother, And The Role Of Legal Scholarship In Affirming Human Rights, Nadine Strossen
NYLS Law Review
No abstract provided.
Canadian Softwood Lumber And “Free Trade” Under Nafta, Sydney M. Cone Iii
Canadian Softwood Lumber And “Free Trade” Under Nafta, Sydney M. Cone Iii
NYLS Law Review
No abstract provided.
“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair
“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair
NYLS Law Review
No abstract provided.
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
NYLS Law Review
No abstract provided.
Witnesses In The Confrontation Clause: Crawford V. Washington, Noah Webster, And Compulsory Process, Randolph N. Jonakait
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
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
Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair
Articles & Chapters
No abstract provided.
You Got No Secrets To Conceal: Considering The Application Of The Tarasoff Doctrine Abroad, Michael L. Perlin
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
Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer
Articles & Chapters
No abstract provided.
Narrative, Disability, And Identity, David Engel, Frank W. Munger
Narrative, Disability, And Identity, David Engel, Frank W. Munger
Articles & Chapters
No abstract provided.
On Being Among Friends: A Response To Eugene Garver’S For The Sake Of Argument, Richard Sherwin
On Being Among Friends: A Response To Eugene Garver’S For The Sake Of Argument, Richard Sherwin
Articles & Chapters
No abstract provided.
The Cherry Valley Case: How Wrong Can Economists Be About Salvage?, Michael B.W. Sinclair
The Cherry Valley Case: How Wrong Can Economists Be About Salvage?, Michael B.W. Sinclair
Articles & Chapters
No abstract provided.
The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin
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 in …
Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck
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
The Too Easy Historical Assumptions Of Crawford V. Washington, Randolph N. Jonakait
Articles & Chapters
No abstract provided.