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New York Law School

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Articles 31 - 60 of 195

Full-Text Articles in Courts

Letter To Clerk Of Court Re: Ronald Jackson, Roger J. Miner '56 Aug 2009

Letter To Clerk Of Court Re: Ronald Jackson, Roger J. Miner '56

Correspondence

No abstract provided.


Letter To Clerk Of Court Re: Harold Harris, Roger J. Miner '56 May 2009

Letter To Clerk Of Court Re: Harold Harris, Roger J. Miner '56

Correspondence

No abstract provided.


A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow Jan 2009

A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow

Articles & Chapters

In Indianapolis v. Chase National Bank, 1941, the Supreme Court established the doctrine of realignment, requiring federal courts to examine the issues in dispute and realign each party as plaintiff or defendant if necessary. Due to the complete diversity requirement, realignment gave the federal courts the ability to both create and destroy diversity jurisdiction. Since 1941, the federal courts have struggled to interpret the central holding in Indianapolis, and have created several competing "tests" for realignment. This confusion has made the doctrine of realignment unworkable. Realignment-along with each of the present tests-encourages jurisdictional abuses by forcing the federal courts to …


Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse Jan 2009

Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse

NYLS Law Review

No abstract provided.


Estate Of Pew V. Cardarelli, Rachel Bell Jan 2009

Estate Of Pew V. Cardarelli, Rachel Bell

NYLS Law Review

No abstract provided.


Teamsters Local 445 Freight Division Pension Fund V. Dynex Capital Inc., Erica E. Bonnett Jan 2009

Teamsters Local 445 Freight Division Pension Fund V. Dynex Capital Inc., Erica E. Bonnett

NYLS Law Review

No abstract provided.


United States V. Leveto, Jennifer Steward Jan 2009

United States V. Leveto, Jennifer Steward

NYLS Law Review

No abstract provided.


Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe Jan 2009

Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe

Articles & Chapters

In this paper, we argue that the myth of the detached, rational judge, free from emotion runs the risk of undermining the quality of judging, obscuring the transparency of judicial decisions, and deterring the development of diverse judicial styles. We explore the history of the myth of the detached judge and how it made its way into rules of judicial conduct. By contextualizing this image of the judiciary, the article concludes that the rules of judicial conduct have come to embody an antiquated understanding of judicial independence and ought to be revised to reflect a more modern concept of the …


Free From Decree, David Schoenbrod, Ross Sandler Jan 2009

Free From Decree, David Schoenbrod, Ross Sandler

Other Publications

No abstract provided.


Letter From Lifers Committee, Roger J. Miner '56 Jun 2008

Letter From Lifers Committee, Roger J. Miner '56

Correspondence

No abstract provided.


Letter To Clerk Of Court Re: David Collic, Roger J. Miner '56 Mar 2008

Letter To Clerk Of Court Re: David Collic, Roger J. Miner '56

Correspondence

No abstract provided.


Letter To Clerk Of Court Re: Michael Williams, Roger J. Miner '56 Mar 2008

Letter To Clerk Of Court Re: Michael Williams, Roger J. Miner '56

Correspondence

No abstract provided.


The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty Jan 2008

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.


The Class Action Fairness Act In Perspective: The Old And The New In Federal Jurisdictional Reform, Edward A. Purcell Jr. Jan 2008

The Class Action Fairness Act In Perspective: The Old And The New In Federal Jurisdictional Reform, Edward A. Purcell Jr.

Articles & Chapters

The Class Action Fairness Act of 2005 (CAFA) was the product of an extended and well-organized political campaign. In Congress, its passage required a grinding eight-year effort, several modifications to the original proposal, numerous committee hearings, multiple reports by both Houses, political compromises that drew some Democratic support, two unsuccessful attempts to terminate debate in the Senate by imposing cloture, and strenuous efforts to amend in both the House and Senate when the bill came to the floor for a final vote. Passage also required Republican control of both Houses of Congress and the presidency as well.


Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker Jan 2008

Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker

Articles & Chapters

This brief essay argues that any attempt by the U.S. Supreme Court and others to establish a painless punishment, especially lethal injection, fails logically and morally.

From the beginning, by definition, etymologically and existentially, “punishment” and “pain” have been inseparably connected. Those who advocate ‘painless punishment’ call for contradiction. Whether looking to the future (utilitarians) or the past (retributivists), we once clearly understood and embraced the inseparable connection between punishment and pain. Gradually, however, punishment has morphed into something which denies its own nature, culminating in today's move toward a massive dose of anesthetic as the ultimate punishment - as …


A Dream Deferred, Lewis M. Steel '63 Sep 2007

A Dream Deferred, Lewis M. Steel '63

Articles and Writings

No abstract provided.


Letter To Clerk Of Court Re: Walter Roache & Peter Malley, Roger J. Miner '56 Jun 2007

Letter To Clerk Of Court Re: Walter Roache & Peter Malley, Roger J. Miner '56

Correspondence

No abstract provided.


Letter To Clerk Of Court Re: Walter Roache, Roger J. Miner '56 Feb 2007

Letter To Clerk Of Court Re: Walter Roache, Roger J. Miner '56

Correspondence

No abstract provided.


A Necessary And Proper Role For Federal Courts In Prison Reform: The Benjamin V. Malcolm Consentdecrees, Harold Baer Jr., Arminda Bepko Jan 2007

A Necessary And Proper Role For Federal Courts In Prison Reform: The Benjamin V. Malcolm Consentdecrees, Harold Baer Jr., Arminda Bepko

NYLS Law Review

No abstract provided.


Letter To Clerk Of Court Re: Walter Roache, Roger J. Miner '56 Nov 2006

Letter To Clerk Of Court Re: Walter Roache, Roger J. Miner '56

Correspondence

No abstract provided.


Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman Jan 2006

Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman

NYLS Law Review

No abstract provided.


Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr. Jan 2005

Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.

Other Publications

No abstract provided.


If I Implore You And Order You To Set Me Free, Robert Blecker Jan 2005

If I Implore You And Order You To Set Me Free, Robert Blecker

NYLS Law Review

No abstract provided.


The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod Jan 2005

The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod

NYLS Law Review

No abstract provided.


Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko Jan 2005

Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko

NYLS Law Review

No abstract provided.


Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr. Jan 2005

Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Turning The Tables: Using The Government’S Secrecy And Security Arsenal For The Benefit Of The Client In Terrorism Prosecutions, Sam A. Schmidt, Joshua L. Dratel Jan 2004

Turning The Tables: Using The Government’S Secrecy And Security Arsenal For The Benefit Of The Client In Terrorism Prosecutions, Sam A. Schmidt, Joshua L. Dratel

NYLS Law Review

No abstract provided.


Eyes Tied Shut: Litigating For Access Under Cipa In The Government’S “War On Terror”, Cameron Stracher Jan 2004

Eyes Tied Shut: Litigating For Access Under Cipa In The Government’S “War On Terror”, Cameron Stracher

NYLS Law Review

No abstract provided.


Are Your Eyes Deceiving You?: The Evidentiary Crisis Regarding The Admissibility Of Computer Generated Evidence, Betsy S. Fiedler Jan 2004

Are Your Eyes Deceiving You?: The Evidentiary Crisis Regarding The Admissibility Of Computer Generated Evidence, Betsy S. Fiedler

NYLS Law Review

No abstract provided.


Rethinking The Role Of Expert Testimony Regarding The Reliability Of Eyewitness Identifications In New York, Scott Woller Jan 2004

Rethinking The Role Of Expert Testimony Regarding The Reliability Of Eyewitness Identifications In New York, Scott Woller

NYLS Law Review

No abstract provided.