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Full-Text Articles in Law

Speaker, “Taking Choice-Of-Law Provisions Seriously: What Religious Legal Theory Has To Tell Us About The Enforceability Of Religious Arbitration Awards”, Michael Helfand Nov 2009

Speaker, “Taking Choice-Of-Law Provisions Seriously: What Religious Legal Theory Has To Tell Us About The Enforceability Of Religious Arbitration Awards”, Michael Helfand

Michael A Helfand

No abstract provided.


How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael Helfand Feb 2009

How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael Helfand

Michael A Helfand

This Article advocates differentiating between two distinct categories of equal protection cases. The first-what I have termed indicator cases-are instances where courts consider whether there are sufficient factual indications to demonstrate the existence of aprimafacie equal protection violation. The second-violation casesare instances where courts consider, having already determined the existence of an equal protection violation, whether there is a good enough justification for a prima facie equal protection violation. Unfortunately, the Supreme Court has not differentiated between these two different types of cases. This has led to a string of decisions where the Supreme Court has erroneously looked for justifications …


Speaker, “Process And Pitfalls Of Confirming Piskei Din As Arbitration Awards”, Michael Helfand Jan 2009

Speaker, “Process And Pitfalls Of Confirming Piskei Din As Arbitration Awards”, Michael Helfand

Michael A Helfand

No abstract provided.