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Articles 1 - 26 of 26
Full-Text Articles in Common Law
Enhancing The Uniform Partition Of Heirs Property Act: The Need For Broader Use And Essential Modifications, Donna Arzanipour
Enhancing The Uniform Partition Of Heirs Property Act: The Need For Broader Use And Essential Modifications, Donna Arzanipour
Touro Law Review
The Uniform Partition of Heirs Property Act (“UPHPA”) seeks to address complex and inequitable conflicts that arise when partitioning heirs property. This Note explores the legislative history of the UPHPA, along with the legal and societal significance of the UPHPA, which provides mechanisms to prevent forced sales of family-owned property. Through a comparative analysis of states that have adopted their versions of the UPHPA, this Note considers the law’s potential to protect family land, reduce the risk of displacement, and promote longterm economic stability for communities, especially those in rural and minority populations. While recommending that all states should adopt …
Takings, Original Meaning, And Applying Property Law Principles To Fix Penn Central, John M. Groen
Takings, Original Meaning, And Applying Property Law Principles To Fix Penn Central, John M. Groen
Touro Law Review
No abstract provided.
Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman
Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman
Touro Law Review
As a dynamic vehicle for fostering investment opportunities, both domestically and internationally, franchising spans a diverse array of industrial sectors, encompassing both goods and services. The United States plays a highly influential role in global franchise industry promotion, with a vast majority of International Franchise Association members representing American companies. Present data underscores that franchising has extended its reach to virtually every sector of the American economy. Notably, the United States stands among just four common law nations that have established dedicated franchise legislation, operating at both state and federal levels. This framework includes provisions for pre-sale disclosure, registration of …
An Unprecedented Verdict: Expanding Parental Liability For Children’S Violent Crimes, Jolie Bodner Zangari
An Unprecedented Verdict: Expanding Parental Liability For Children’S Violent Crimes, Jolie Bodner Zangari
Scholarly Works
No abstract provided.
A Country In Crisis: A Review Of How The Illegitimate Supreme Court Is Rendering Illegitimate Decisions And Doing Damage That Will Not Soon Be Undone., Regina L. Ramsey ,Esq
A Country In Crisis: A Review Of How The Illegitimate Supreme Court Is Rendering Illegitimate Decisions And Doing Damage That Will Not Soon Be Undone., Regina L. Ramsey ,Esq
Journal of Race, Gender, and Ethnicity
This article will discuss in detail exactly how the court is illegitimate and makes decisions that are illegitimate, using examples from the October 2021 term. It will also explain why action needs to be taken immediately to reign in this run-away Court to restore public trust. As discussed herein, we cannot sit by and patiently wait for the Court to right itself over time because there are important issues on the current docket, such as race-conscious admissions policies of colleges and universities to ensure student bodies are diverse as future leaders are prepared to live and work in a diverse …
Theft, Extortion, And The Constitution: Land Use Practice Needs An Ethical Infusion, Michael M. Berger
Theft, Extortion, And The Constitution: Land Use Practice Needs An Ethical Infusion, Michael M. Berger
Touro Law Review
There are many ways in which property owners/developers interact with regulators. To the extent that texts and articles deal with the ethical duties of the regulators, they tend to focus on things like conflicts of interest. But there is more. This article will examine numerous other ways in which regulators may run afoul of ethical practice in dealing with those whom they regulate
Inducing Acts In Rabbinic Law, Amy Birkan
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria
Touro Law Review
No abstract provided.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Touro Law Review
No abstract provided.
Benjamin Cardozo And The Death Of The Common Law, John C. P. Goldberg
Benjamin Cardozo And The Death Of The Common Law, John C. P. Goldberg
Touro Law Review
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky
Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Procedural And Structural Obstacles In Challenging Aspects Of The Criminal Justice System, John Boston
Procedural And Structural Obstacles In Challenging Aspects Of The Criminal Justice System, John Boston
Touro Law Review
No abstract provided.
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
Touro Law Review
No abstract provided.
Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak
Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak
Scholarly Works
This case illustrates why municipal lawyers might want to review their high school mathematics lessons about set theory before drafting statutes. The application of set theory—particularly in the form of Venn diagrams—can help to prevent ambiguity of language in statutory construction. It is this ambiguity that gives rise to differences in interpretation, and these differences frequently lead to litigation over the meaning of a statute.
Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein
Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Governmental Takings, Court Of Appeals: Kim V. City Of New York
Governmental Takings, Court Of Appeals: Kim V. City Of New York
Touro Law Review
No abstract provided.
Sexual Discrimination And Sexual Misconduct: Applying New York's Gender-Specific Sexual Misconduct Law To Consenting Minors, Douglas Mcnamara
Sexual Discrimination And Sexual Misconduct: Applying New York's Gender-Specific Sexual Misconduct Law To Consenting Minors, Douglas Mcnamara
Touro Law Review
No abstract provided.
Tort Law, Honorable Leon D. Lazer
Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat
Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat
Touro Law Review
No abstract provided.
Rule 803(7): Absence Of Entry In Records Kept In Accordance With The Provisions Of Paragraph (6)
Rule 803(7): Absence Of Entry In Records Kept In Accordance With The Provisions Of Paragraph (6)
Touro Law Review
No abstract provided.
“Attitudinal” Decision Making In The Federal Courts: A Study Of Constitutional Self Representation Claims, John R. Quinn
“Attitudinal” Decision Making In The Federal Courts: A Study Of Constitutional Self Representation Claims, John R. Quinn
Scholarly Works
This Article reports on the performance of a study based on and inspired by Segal and Spaeth's work. It examines the possible attitudinal bases of the entire corpus (over 100 cases) of federal district court decisions involving constitutional self-representation claims. As explained in greater detail below, this area of jurisprudence was selected for study because decisions often are dependent upon the exercise of judicial discretion-Segal and Spaeth's attitudinal factors. This study both elucidates the attitudinal methods of Segal and Spaeth and "proves" an exception to the attitudinal model hypothesized by Segal and Spaeth. That exception is the salience of doctrine …
Prior Written Notice Statutes In New York State: The Resurrection Of Sovereign Immunity, Lewis J. Lubell
Prior Written Notice Statutes In New York State: The Resurrection Of Sovereign Immunity, Lewis J. Lubell
Touro Law Review
No abstract provided.
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Touro Law Review
No abstract provided.
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
Touro Law Review
No abstract provided.