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State and Local Government Law Commons™
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Articles 61 - 90 of 255
Full-Text Articles in State and Local Government Law
Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin
Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin
Scholarly Works
No abstract provided.
Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager
Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager
NYLS Law Review
No abstract provided.
Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman
Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman
NYLS Law Review
No abstract provided.
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Faculty Articles and Other Publications
During the 1980s and early 1990s, a series of decisions broadly interpreting the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCIA) appeared destined to transform corporate law practice. CERCIA does not directly address successor liability, but the statute's complex and contradictory legislative history arguably implies that Congress wanted federal courts to apply broad liability principles to achieve the statute's fundamental remedial goal of making polluters and their successors pay for cleaning up hazardous substances.
Notably, a number of courts rejected state corporate law principles that usually limit the liability of successor corporations and instead …
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
American University Law Review
No abstract provided.
Breard, Printz, And The Treaty Power, Carlos Manuel Vázquez
Breard, Printz, And The Treaty Power, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
This article considers whether the anti-commandeering principle of New York v. United States and Printz v. United States applies to exercises of the Treaty Power. It illustrates the problem with an analysis of the treaty provision involved in Breard v. Greene, 118 S. Ct. 1352 (1998), which requires state officials to notify certain aliens they arrest that they have a right to consult with their consul. Whether exercises of the treaty power are subject to the commandeering prohibition depends on the resolution of two ambiguities in the Supreme Court's anti-commandeering doctrine. The first concerns the distinction between commandeering and …
Maintaining An Accusatorial System Of Justice: The States' Refusal To Follow The Supreme Court's Sanctioning Of Official Police Deception In Moran V. Burbine, John F. Terzano
University of the District of Columbia Law Review
Ours is the accusatorial as opposed to the inquisitorial system. Such has been the characteristic of Anglo-American criminal justice since it freed itself from practices borrowed by the Star Chamber from the Continent whereby an accused was interrogated in secret for hours on end. Under our system society carries the burden of proving its charge against the accused not out of his own mouth. It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through skillful investigation.... Protracted, systematic and uncontrolled subjection of an accused to interrogation by the police …
Whose Federalism, S. Elizabeth Malloy
Whose Federalism, S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights statutes as …
Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel
Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel
Touro Law Review
No abstract provided.
Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh
Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh
Touro Law Review
No abstract provided.
Self-Incrimination, Supreme Court, Bronx County: Seabrook V. Johnson
Self-Incrimination, Supreme Court, Bronx County: Seabrook V. Johnson
Touro Law Review
No abstract provided.
Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie
Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie
Touro Law Review
No abstract provided.
Ex Post Facto Laws, Supreme Court, Dutchess County: Doe V. Division Of Probation And Correction Alternatives
Touro Law Review
No abstract provided.
Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department
Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department
Touro Law Review
No abstract provided.
Establishment Of Religion, Supreme Court, Appellate Division, First Department: Robbins V. Bright
Establishment Of Religion, Supreme Court, Appellate Division, First Department: Robbins V. Bright
Touro Law Review
No abstract provided.
Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Himko
Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Himko
Touro Law Review
No abstract provided.
Right To Counsel, Supreme Court, Queens County: People V. Bell
Right To Counsel, Supreme Court, Queens County: People V. Bell
Touro Law Review
No abstract provided.
Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia
Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia
Touro Law Review
No abstract provided.
Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell
Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell
Touro Law Review
No abstract provided.
Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli
Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. Hichez
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. Hichez
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Bronx County: People V. Johnson
Search And Seizure, Supreme Court, Bronx County: People V. Johnson
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, New York County: People V. Rodgers
Search And Seizure, Supreme Court, New York County: People V. Rodgers
Touro Law Review
No abstract provided.
Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin
Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin
Touro Law Review
No abstract provided.
Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court
Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court
Touro Law Review
No abstract provided.
Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki
Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine
Touro Law Review
No abstract provided.
Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H.
Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H.
Touro Law Review
No abstract provided.