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Full-Text Articles in Law

Is Jacobson V. Massachusetts Viable After A Century Of Dormancy? A Review In The Face Of Covid-19, Sawan Talwar Jan 2024

Is Jacobson V. Massachusetts Viable After A Century Of Dormancy? A Review In The Face Of Covid-19, Sawan Talwar

Touro Law Review

The COVID-19 pandemic has stretched us into the vast unknowns, emotionally, logically, politically, and legally. Relying on their police power, governments inched into the darkness of the powers’ fullest extent, leaving many to wonder whether the exercise of this power was constitutional. This Article examines the extent of the police power that both the federal and state governments have, and how Jacobson v. Massachusetts1 was the “silver bullet” for governments across the United States. Further, this Article provides an overview of police power, and the status of COVID-19 mandates. This Article additionally examines quarantine case law and provides an analysis …


International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales Jan 2024

International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales

Touro Law Review

Standard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes.


The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth Jan 2023

The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth

Touro Law Review

This Article provides a comparative analysis of Judge Benjamin Cardozo’s tort decisions in Palsgraf v. Long Island Railroad Co., one of his most famous tort decisions, contrasted with a lesser-known tort opinion in Hynes v. New York Central Railroad Co. The Author attempts to address Cardozo’s humanistic and intellectual dichotomies which are exemplified by these two real-life tort precedents—one of which, Palsgraf, most practitioners may only have a distant recall. A historical overview of Cardozo’s life is also discussed. These two decisions portray Cardozo as an emotive human being exercising hit-or-miss judging. This theme provides a differ viewpoint from Cardozo’s …


Playing The Game Of International Law, Uri Weiss, Joseph Agassi Jan 2022

Playing The Game Of International Law, Uri Weiss, Joseph Agassi

Touro Law Review

In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …


Rethinking Appeals, Uri Weiss Jan 2021

Rethinking Appeals, Uri Weiss

Touro Law Review

This paper makes the point that a court decision that is open to an appeal is akin to a take-it-or-leave-it settlement proposal for both parties. For the case to not be appealed, both parties need to “take,” i.e., accept, this proposal. Thus, on one hand, if both parties cannot achieve a settlement by themselves, they usually benefit from the right to appeal. On the other hand, a right to appeal activates the regressive effects that characterize settlements, which also applies to lower-court decisions. For example, legal uncertainty has a regressive effect on lower-court decisions: if the judge wishes to block …


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck Apr 2016

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Qualified Immunity When Facts Are In Dispute, Leon Friedman Apr 2016

Qualified Immunity When Facts Are In Dispute, Leon Friedman

Touro Law Review

No abstract provided.


Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles Apr 2016

Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles

Touro Law Review

No abstract provided.


Problems Concerning Litigating Custom And Practice Cases, Steve Ryals Apr 2016

Problems Concerning Litigating Custom And Practice Cases, Steve Ryals

Touro Law Review

No abstract provided.


Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky Apr 2016

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass Apr 2016

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass

Touro Law Review

No abstract provided.


Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum Mar 2016

Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum

Touro Law Review

No abstract provided.


False Arrest, Malicious Prosecution, And Abuse Of Process In § 1983 Litigation, John Williams Dec 2014

False Arrest, Malicious Prosecution, And Abuse Of Process In § 1983 Litigation, John Williams

Touro Law Review

No abstract provided.


Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum Dec 2014

Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum

Touro Law Review

No abstract provided.


The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie Jun 2014

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie

Touro Law Review

No abstract provided.


Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia Apr 2013

Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia

Touro Law Review

This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …


Section 1983 Litigation: Post-Pearson And Post-Iqbal, Karen M. Blum Sep 2012

Section 1983 Litigation: Post-Pearson And Post-Iqbal, Karen M. Blum

Touro Law Review

The Supreme Court's decision in Pearson v. Callahan marked a significant change in the structure of the analysis to be performedin the adjudication of the qualified immunity defense in§ 1983 litigation. Prior to Pearson, the Court required a mandatory two-step approach for the qualified immunity analysis. Whenever qualified immunity was raised in response to an alleged constitutional violation, the lower courts were instructed that the disposition of the qualified immunity issue required the court to first address the merits question. Under Saucier v. Katz, the courts were required first to decide whether the complaint stated a violation of a constitutional …


Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz Jan 2004

Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz Jan 2000

Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz

Touro Law Review

No abstract provided.


The Use Of Expert Proofs In Complex Product Liability Litigation In New York: A Preliminary Consideration Of Varying Federal And New York State Approaches To Disclosure And Admissibility, Steven J. Phillips Jan 1999

The Use Of Expert Proofs In Complex Product Liability Litigation In New York: A Preliminary Consideration Of Varying Federal And New York State Approaches To Disclosure And Admissibility, Steven J. Phillips

Touro Law Review

No abstract provided.


Concert Of Action By Substantial Assistance: Whatever Happened To Unconscious Aiding And Abetting?, E. Dana Neacsu Jan 1999

Concert Of Action By Substantial Assistance: Whatever Happened To Unconscious Aiding And Abetting?, E. Dana Neacsu

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.


Section 1983 In The Second Circuit, Honorable George C. Pratt Jan 1997

Section 1983 In The Second Circuit, Honorable George C. Pratt

Touro Law Review

No abstract provided.


Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat Jan 1997

Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1997

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig Jan 1996

Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1995

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Employees' Admissions In New York: Time For A Change, David J. Wallman Jan 1994

Employees' Admissions In New York: Time For A Change, David J. Wallman

Touro Law Review

No abstract provided.


Settling In New York: Abdicating Traditional Agency Principles In The Context Of Settlement Disputes, Dean C. Harvey Jan 1993

Settling In New York: Abdicating Traditional Agency Principles In The Context Of Settlement Disputes, Dean C. Harvey

Touro Law Review

No abstract provided.