Law Commons^™

Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr.

Publications

No abstract provided.

The Execution Of Search Warrants, H. Patrick Furman

Publications

No abstract provided.

Publicity In High Profile Criminal Cases, H. Patrick Furman

Publications

No abstract provided.

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy

Publications

No abstract provided.

A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang

Publications

Given the importance of private enforcement of federal civil rights laws, Congress and the courts have attempted to encourage plaintiffs' attorneys to accept meritorious civil rights cases through fee shifting and risk multipliers. Recently, however, the Supreme Court has essentially prohibited the use of risk multipliers, thus undercompensating attorneys for the risk of losing civil rights actions and discouraging the filing of such cases. In this Article, Professor Huang develops a new options-based theory of calculating attorney's fees. Professor Huang argues that a lawsuit consists of a sequence of options to continue with the case rather than a once-and-for-all irreversible …

Notice And Notification Under The Revised Uniform Partnership Act: Some Suggested Changes, J. Dennis Hynes

Publications

This Article addresses the decision by the drafters of the revised Uniform Partnership Act (1996) (RUPA) to reduce the traditional defenses available to partnerships in apparent authority cases. RUPA eliminated the requirement that apparent authority claims against a partnership be based on the claimant's reasonable expectations. Under RUPA a partnership is liable for a partner's unauthorized act even when the claimant had reason to know the act was unauthorized. A defense based on the claimant's knowledge is effective only when the claimant actually knows--is cognitively aware--that the act was unauthorized. This Article argues that this places an unfair burden on …

The Corporate Director's Duty Of Oversight, Mark J. Loewenstein

Publications

No abstract provided.

Notes From The Editorial Advisory Board, James Boyd White

Articles

The tenth anniversary of this Journal is an occasion not only for celebrating its remarkable achievements, but also for thinking again about the nature and premises of the work it reflects. One way to begin might be with its two central terms, "law" and "humanities" (or the obvious alternative to the second, "literature").

The Contradictions Of Mainstream Constitutional Theory, Kimberlé W. Crenshaw, Gary Peller

Faculty Scholarship

For the last four decades, some form of "process" theory has dominated conventional constitutional theory, on the bench and in the academy. The organizing, usually implicit, background assumption is that the exercise of governmental power – whether by legislatures or courts – is to be tested for normative legitimacy against a set of procedures. Writing as critics of the basic framework of process theory, Professors Kimberli Crenshaw and Gary Peller discuss the contributions and constraints of a proceduralist constitutional law discourse. In light of direct democracy initiatives claiming the power of legislation, and a substantively conservative judiciary defining the "law," …

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Faculty Publications

No abstract provided.

New Zealand Trustee Investing: Reflecting On Modern Portfolio Theory And The Ancient Distinction Of Principal And Income, F. Philip Manns Jr.

Faculty Publications and Presentations

The New Zealand Trustee Amendment Act 1988 led the common law world in encouraging (perhaps requiring) trustees to use modern portfolio theory ("MPT") techniques when investing trust funds. A recent High Court decision essentially held that trustees should have engaged in MPT-based investment since 1972. Full integration of MPT principles into trust law affects many areas of trust administration, perhaps most prominently the ancient distinction of principal and income. In addition, renewed attention to careful drafting of a settler's investment and payout intentions and greater investment diversification are likely consequences of MPT-based trust investing.

The Wto Legal System: Sources Of Law, David Palmeter, Petros C. Mavroidis

Faculty Scholarship

Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides:

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

1. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
2. international custom as evidence of a general practice accepted as law;
3. the general principles of law recognized by civilized nations;
4. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly …

Antisuit Injunctions And Preclusion Against Absent Nonresident Class Members, Henry Paul Monaghan

Faculty Scholarship

In this Article, Professor Monaghan addresses an issue of pressing concern in class action litigation today, namely, the extent to which a trial court's class judgment can bind – either by preclusion or injunction – unnamed nonresident class members, thus preventing them from raising due process challenges to the judgment in another court. After placing the antisuit injunction and preclusion issues in the context of recent class action and related developments, Professor Monaghan discusses the Supreme Court's 1985 decision in Phillips Petroleum Co. v. Shutts and its applicability to these issues. In particular, Professor Monaghan criticizes reading Shutts' "implied …

Regulation Of The Electronic Mass Media: Law And Policy For Radio, Television, Cable And The New Technologies, Michael Botein

Books

No abstract provided.

The Art Of The Fact: An Afternoon Colloquy In A Tentative Key, Jethro K. Lieberman

Books

No abstract provided.

Table Of Contents, Volume 42, Issue 1

NYLS Law Review

No abstract provided.

Table Of Contents, Volume 42, Issue 2

NYLS Law Review

No abstract provided.

Table Of Contents, Volume 42, Issue 3 & 4

NYLS Law Review

No abstract provided.

Reflections On The Creation Of The Greater City Of New York And Its First Charter, 1898, David C. Hammack

NYLS Law Review

No abstract provided.

Panel One: Presentation And Discussion, David C. Hammack, Kenneth T. Jackson, Harry Wellington, Ross Sandler

NYLS Law Review

No abstract provided.

Panel Three: Presentations And Discussion—City Government: The Next Generation’S Demands, Sam Roberts, Fernando Ferrer, John Mollenkopf, Fred Siegel, Harry Wellington

NYLS Law Review

No abstract provided.

Panel Four: Will The Structure Of City Government Be Able To Meet The Next Generation’S Demands?, Julia Vitullo-Martin, Ray Horton, David Jones, Richard Briffault, James B. Jacobs, Ruth Messinger, Harry Wellington

NYLS Law Review

No abstract provided.

New York City As An Organized Crime Fighter, James B. Jacobs, Alex Hortis

NYLS Law Review

No abstract provided.

The Policy And Politics Of Charter Making: The Story Of New York City’S 1989 Charter, Frederick A. O. Schwarz, Jr., Eric Lane

NYLS Law Review

Panel Two: The 1989 Charter Commission’s Policies, Processes, Choices, and Strategies

The Local Baker/Local Bureaucrat Dilemma: Privatization And Power In New York City, Genevieve Bishop

NYLS Law Review

No abstract provided.

New York City’S Procurement System: Reversing The Cycle Of Corruption And Reactionary Reform, Joseph A. Cosentino, Jr.

NYLS Law Review

No abstract provided.

The Borough President: Community Leader Or Excess Political Baggage, Jonathan Holub, Irina Gonikberg-Dolinskiy

NYLS Law Review

No abstract provided.

“Something Smells Fishy”: The Giuliani Administration’S Effort To Rid The Commercial Trade Waste Collection Industry Of Organized Crime, Marissa L. Morelle

NYLS Law Review

No abstract provided.

In The Interest Of Justice: The Impact Of Court-Ordered Reform On The City Of New York, Tamia Perry

NYLS Law Review

No abstract provided.