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Touro University Jacob D. Fuchsberg Law Center

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Articles 121 - 150 of 559

Full-Text Articles in Courts

Foreword, Honorable Judith S. Kaye Jul 2015

Foreword, Honorable Judith S. Kaye

Touro Law Review

No abstract provided.


Foreword, Honorable Sol Wachtler Jul 2015

Foreword, Honorable Sol Wachtler

Touro Law Review

No abstract provided.


Appellate Division, First Department, People V. Celaj, Danielle Dupré Dec 2014

Appellate Division, First Department, People V. Celaj, Danielle Dupré

Touro Law Review

No abstract provided.


Apellate Division, Third Department, People V. Kelley, Elyssa Lane Dec 2014

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Mundo, Avinoam Cohen Dec 2014

Court Of Appeals Of New York, People V. Mundo, Avinoam Cohen

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Johnson, Denise Shanley Dec 2014

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Cahill, Annette Thompson Dec 2014

Court Of Appeals Of New York, People V. Cahill, Annette Thompson

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley Dec 2014

Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley

Touro Law Review

No abstract provided.


Appellate Division, Third Department, People V. Colon, Jocelin Los Dec 2014

Appellate Division, Third Department, People V. Colon, Jocelin Los

Touro Law Review

No abstract provided.


County Court, Rockland County, People V. Clark, Lauren Tan Dec 2014

County Court, Rockland County, People V. Clark, Lauren Tan

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Abar, Danielle Dupré Dec 2014

Court Of Appeals Of New York, People V. Abar, Danielle Dupré

Touro Law Review

No abstract provided.


4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci Dec 2014

4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci

Touro Law Review

No abstract provided.


Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer Dec 2014

Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer

Touro Law Review

No abstract provided.


Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein Dec 2014

Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Dec 2014

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

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.


Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson Dec 2014

Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson

Touro Law Review

No abstract provided.


Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky Dec 2014

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Butler, Courtney Weinberger Nov 2014

Supreme Court, Bronx County, People V. Butler, Courtney Weinberger

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Courtroom Television Network, Llc V. New York, Courtney Weinberger Nov 2014

Court Of Appeals Of New York, Courtroom Television Network, Llc V. New York, Courtney Weinberger

Touro Law Review

No abstract provided.


Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller May 2014

Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller

Touro Law Review

No abstract provided.


A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth Jan 2014

A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth

Scholarly Works

This Article addresses how courts failed to adequately supervise employers administering pension plans before ERISA. Relying on a number of different legal theories — from an initial theory that pensions were gratuities offered by employers to the recognition that pension promises could create contractual rights — the courts repeatedly found ways to allow employers to promise much and provide little to workers expecting retirement security. In Section III, this Article addresses how Congress failed to create an effective structure for strong bureaucratic enforcement and the bureaucratic agencies with enforcement responsibilities failed to fulfill those functions. Finally, in Section IV, this …


When "Reasonableness" Is Not So Reasonable: The Need To Restore Clarity To The Appellate Review Of Federal Sentencing Decisions After Rita, Gall, And Kimbrough, Craig D. Rust Dec 2012

When "Reasonableness" Is Not So Reasonable: The Need To Restore Clarity To The Appellate Review Of Federal Sentencing Decisions After Rita, Gall, And Kimbrough, Craig D. Rust

Touro Law Review

No abstract provided.


The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen Jul 2012

The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen

Touro Law Review

No abstract provided.


New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein Jan 2012

New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein

Touro Law Review

No abstract provided.


Lawyering Decisions—October 2009 Term, Eileen Kaufman Jan 2011

Lawyering Decisions—October 2009 Term, Eileen Kaufman

Scholarly Works

No abstract provided.


Prosecution Of Process Crimes: Thoughts And Trends, Allison Caffarone, Karen Patton Seymour, Stephen R. Peikin Jan 2008

Prosecution Of Process Crimes: Thoughts And Trends, Allison Caffarone, Karen Patton Seymour, Stephen R. Peikin

Scholarly Works

The United States Department of Justice has come under attack in recent years because of its increased attention to, and prosecution of, crimes committed during the course of its investigations — obstruction of justice, perjury, and making false statements. These crimes have been labeled “cover-up” or “process crimes,” and the charging prosecutors have been criticized as bringing such charges only against high-profile defendants as to whom there is insufficient evidence to charge the “more serious” underlying offenses that prompted the initial investigation. Some critics have gone so far as to label these prosecutions “vindictive.” Much of this criticism is misplaced. …


National Juries For National Cases: Preserving Citizen Participation In Large-Scale Litigation, Laura Dooley Jan 2008

National Juries For National Cases: Preserving Citizen Participation In Large-Scale Litigation, Laura Dooley

Scholarly Works

Procedural evolution in complex litigation seems to have left the civil jury behind. Reliance on aggregating devices, such as multidistrict litigation and class actions, as well as settlement pressure created by “bellwether” cases, has resulted in cases of national scope being tried by local juries. Local juries thus have the potential to impose their values on the rest of the country. This trend motivates parties to forum-shop, and some commentators suggest eliminating jury trials in complex cases altogether. Yet the jury is at the heart of our uniquely American understanding of civil justice, and the Seventh Amendment mandates its use …


A Picture Of The New York Court Of Appeals At The Time Of Wood V. Lucy, Lady Duff-Gordon, Meredith R. Miller Jan 2008

A Picture Of The New York Court Of Appeals At The Time Of Wood V. Lucy, Lady Duff-Gordon, Meredith R. Miller

Scholarly Works

Wood v. Lucy, Lady Duff-Gordon is an enduring part of the Contracts canon. A symposium addressing the legacy of the case would be incomplete without a picture of the New York Court of Appeals at the time the case was decided and a discussion of the oft-neglected role that court rules and administration play in the development of the law. Thus, it is the aim of this short essay to place Wood in the context of the Court's history, and to explore how structural and jurisdictional changes to the Court could have had an impact on how the case was …


Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller Jan 2008

Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller

Scholarly Works

No abstract provided.