Legislation Commons^™

Web Of Exploitation: The Psychological Need For Comprehensive Federal Law To Combat Cyber Sexual Abuse, Sarah E. Bahrenburg

Journal of Race, Gender, and Ethnicity

Cyber sexual abuse inflicts deep and lasting psychological harm on victims, often exacerbating the trauma of traditional sexual abuse due to the permanence and reach of digital content. Survivors may experience depression, anxiety, PTSD, and suicidal ideation as intimate images, videos, or messages resurface indefinitely online. Despite the severity of its impact, current state and federal legal protections are limited and inconsistent, leaving many victims without adequate criminal or civil remedies. This article argues for the creation of comprehensive federal legislation specifically targeting cyber sexual abuse. Such laws would not only provide clearer paths to justice and accountability but also …

Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson

Touro Law Review

The pervasiveness, frequency, and intensity of fat shaming, bullying, and harassment experienced by fat people is well-documented, and three quarters of the American public support antidiscrimination protections for fat people. Yet fat people generally remain unprotected from discrimination under federal and state law in all but two jurisdictions. This Article traces these problems to the agendas of public health leaders, organizations (the Centers for Disease Control and Prevention and the World Health Organization), and associated industries, which are fighting an “obesity epidemic.” It describes some of their fat-shaming strategies and persistent public-health-crisis framings, as well as sensationalized presentations of research …

An American Dream Gone Green: A Discussion Of Existing Environmental Marketing Regulations And The Need For Stricter Legislation, Christian Robledo

Touro Law Review

Many consumers seek to purchase environmentally friendly products and companies have responded with “green” marketing, which includes claims of environmental benefits and sustainability with respect to what is being sold. Unfortunately, these claims often overstate their impact on the environment or are presented in a way to mislead consumers. This practice is referred to as greenwashing. Not only does it harm consumers, but it potentially harms the reputation of truly eco-friendly companies that are viewed with skepticism or outright distrust due to the deceitfulness of companies that do engage in greenwashing.

This Note discusses the lack of legislation that currently …

Incorporation By Reference In New York State, Bennett Liebman

Touro Law Review

Incorporation by reference is a traditional procedural mechanism that allows for actors at each level of government to include all or parts of a previously enacted law into the newer version of the law by simply including a statement stating that the second law should be treated as if it was part of the primary law. While incorporation by reference could facilitate and streamline legislation, New York has seemingly banned incorporation by reference in Article III, § 16 of the State Constitution. However, even though this ban is in place, there are several limitations and exceptions placed on the ban …

The Billion Dollar Industry That Has Never Paid Its Money-Makers: The Ncaa’S Attempt At Compensation Through Names, Images And Likeness, Christopher Palmieri

Touro Law Review

The National Collegiate Athletic Association (“NCAA”) has regulated collegiate sports for over one hundred years. The NCAA has long relied upon the principle of amateurism to prohibit college athletes from profiting from their name, image and likeness (“NILs”). However, recently this principle has drawn a lot of attention and has all but crumbled. States across the nation have passed legislation that will soon come into effect to bypass the NCAA bylaws and allow student athletes to profit from their NILs, even the United States Supreme Court has called the NCAA’s business model into question. This has left the NCAA with …

Defining Antisemitism, Mark Goldfeder

Scholarly Works

Antisemitic harassment is illegal, but without a standard definition of what ‘antisemitism’ includes, that idea is almost meaningless. That is why state legislatures and university administrators across the country are debating enacting policies that adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism. This Article will illustrate precisely how a state bill or a university policy utilizing the IHRA definition for assessing motivation when analyzing discriminatory conduct claims would actually function, so that critics can no longer vaguely claim that such policies would somehow offend the First Amendment. It will also explain the difference between protected political speech and …

Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile

Touro Law Review

No abstract provided.

Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano

Touro Law Review

No abstract provided.

Lawful Permanent Residency: A Potential Solution For Temporary Protected Status Holders In The Eastern District Of New York, Cody M. Gecht

Touro Law Review

No abstract provided.

Equal Protection Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.

Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham

Scholarly Works

This brief symposium essay offers a broad-stroke sketch of the history of conversion therapy, its current status as a locus of regulation, and some preliminary questions about the direction the law might take to protect individuals who elect or are forcibly subjected to the practice.

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.

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

Touro Law Review

No abstract provided.

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.

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

Touro Law Review

No abstract provided.

Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff

Touro Law Review

No abstract provided.

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.

Victor Can Keep His Little Secret Unless Victoria's Secret Is Actually Harmed, Shafeek Seddiq

Touro Law Review

No abstract provided.

Is Zahn Gone? The Effect Of 28 U.S.C. § 1367 On The "No Aggregation Doctrine", Joseph J. Shannon

Touro Law Review

No abstract provided.

A Quantum Congress, Jorge R. Roig

Scholarly Works

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …

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

Touro Law Review

No abstract provided.

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

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - New York Ex Rel. Harkavy V. Consilvio, Sardar Asadullah

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - People V. Gajadhar, Joseph Maehr

Touro Law Review

No abstract provided.

Family Court Of New York, Nassau County - In Re S.S., Steven Fox

Touro Law Review

No abstract provided.

When School Is Not In Session: How Student Drug Testing Can Transform Parenting, Amanda R. Lamberson

Touro Law Review

This comment focuses on a growing trend in today's schools: requiring drug tests. A focus is given both to the judiciary's role in this matter and the Legislature's passage of New York Education Law section 912-a, 10 which regulates student drug testing and urine analysis.

When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen

Touro Law Review

No abstract provided.

Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx

Touro Law Review

On November 1, 2008, the New York State Bar Association House of Delegates approved a resolution affirming their commitment towards establishing a civil right to counsel in New York State. One of the issues identified is a child's right to representation not only in criminal, but also civil proceedings. Unlike other litigant groups, children have a statutorily established right to council in civil proceedings. However, as the white paper, adopted by the New State Bar Association, details, there are gaps in children 's advocacy throughout New York State. While significant steps towards improvement have recently taken place, there is still …