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Digital Commons @ Touro Law Center Touro College Jacob D. Fuchsberg Law Center
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    Content Posted in 2014

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    2003-2004 Supreme Court Term: Another Losing Season for the First Amendment, Joel M. Gora

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    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

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    Abortion Rights, Michael C. Dorf

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    Absolute Immunity: General Principles and Recent Developments, Erwin Chemerinsky

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    A Christian on Listening with Jewish Ears and Hearing with the Heart of God, Randy Lee

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    A Delayed Search of an Automobile Makes for an Unconstitutional Seizure, Sean J. McGowan

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    Admissibility of Field Test Results at Trial to Prove Intoxication, Vincent J. Costa

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    A Life in the Law: An Interview with Drew Days, Rodger D. Citron

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    An Analysis of Death Penalty Decisions from the October 2006 Supreme Court Term, Richard Klein

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    An Effective but Unreported Application of Lafler & Frye, Christopher M. Gavin

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    An Overview of the October 2005 Supreme Court Term, Erwin Chemerinsky

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    An Overview of the October 2006 Supreme Court Term, Erwin Chemerinsky

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

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    Appellate Division, First Department, Courtroom Television Network LLC v. New York, Paula Gilbert

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    Appellate Division, First Department, For the People Theatres of New York, Inc. v. City of New York, Daphne Vlcek

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    Appellate Division, First Department, Koeiman v. New York, Gennaro Savastano

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    Appellate Division, First Department, People v. Bradley, Kathleen Egan

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

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    Appellate Division, First Department, People v. Dillard, Edward Puerta

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    Appellate Division, First Department, People v. Kelly, Hannah Abrams

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    Appellate Division, First Department, People v. Ramirez, Nicole Compas

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    Appellate Division, Fourth Department, People v. Bonilla, Ellyn Wilder

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    Appellate Division, Fourth Department, People v. Brown, Jennifer Feldman

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    Appellate Division, Fourth Department, People v. Cortes, Jennifer Feldman

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    Appellate Division, Fourth Department, People v. Hall, Eric Pack

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    Appellate Division, Fourth Department, People v. McFarley, Erica R. Borgese

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    Appellate Division, Second Department, Langan v. St. Vincent's Hospital of New York, Christin Harris

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    Appellate Division, Second Department, Smith v. Marrus, Elaine Yang

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    Appellate Division, Third Department, Avella v. Batt, Danielle D'Abate

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    Appellate Division, Third Department, Encarnacion v. Goord, Kristen Kelekian

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    Appellate Division, Third Department, Novara ex rel. Jones v. Cantor Fitzgerald, LP, Kerri Grzymala

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

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    Appellate Division, Third Department, People v. Rivette, Michele Kligman

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    Appellate Division, Third Department, People v. Roberts, Maureen Fitzgerald

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    Appellate Division, Third Department, People v. Smith, Jennifer Belk

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    Are You Satisfied with Your Representation?--The Sixth Amendment Right to Effective Assistance of Counsel, Dean M. Villani

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    Armed to the Teeth: The Use of a Person's Mouth, Teeth, or Body as a Dangerous Instrument for Aggravated Offenses, Vincent J. Costa

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    A Trip Back in Time, Including Judge Charles D. Breitel's Rationale for His Fred French and Penn Central Decisions, Frank Schnidman

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    A Year to Remember: The Supreme Court's Fourth, Fifth, and Sixth Amendment Jurisprudence for the 2003 Term, William E. Hellerstein

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    Bernard S. Meyer et al., The History of the New York Court of Appeals, 1932-2003, Meredith R. Miller

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    Beyond "De-Nile" - The United Nations' Genocide Problem in Darfur, William Reisinger

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    Brief for the United States of America

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    Bruce Ledewitz, American Religious Democracy: Coming to Terms with the End of Secular Politics, Thomas A. Schweitzer

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    "But My Attorney Didn't Tell Me I'd Be Deported!"--The Retroactivity of Padilla, Tara M. Breslawski

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    Campaign Finance and Political Gerrymandering Decisions in the October 2005 Term, Burt Neuborne

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    Catholic Ideas About War: Why Does Carl Schmitt Reject Natural Law Justifications Of War?, G.J. McAleer

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    Challenging Unjust Convictions Under Section 1983, Leon Friedman

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    Chinese Ritual and the Practice of Law, Mary Szto

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    Choose Your Own Path: A Defendant's Constitutional Right to Legal Representation, Luzan Moore

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    City Court, City of Rochester, People v. Barton, Kerri Grzymala

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    City Court, City of Rochester, People v. Griswold, James Dougherty

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    Civil Rights and Related Decisions, Eileen Kaufman

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    Climate Change Adaptation and Mitigation: A Local Solution to a Global Problem, sarah J. adams-schoen

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    Comity of Errors: Foreign Same-Sex Marriages in New York, Gennaro Savastano

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    Conflicting Confrontation Clause Concerns: The Admissibility of Hospital Records Versus a Defendant's Right to Confrontation, Susan Barlow

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    Cookie Monster: Balancing Internet Privacy with Commerce, Technology and Terrorism, Nichoel Forrett

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    Copyright Law, Privacy, and Illegal File Sharing: Defeating a Defendant's Claims of Privacy Invasion, Daniel Gomez-Sanchez

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    County Court, Nassau County, People v. Lacey, Nicholas Melillo

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    County Court, Nassau County, People v. Osbourne, Diane Matero

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

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    County Court, Westchester County, People v. Gant, Albert V. Messina Jr.

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    Court of Appeals of New York - Catholic Charities of the Diocese of Albany v. Serio, Sarah Marx

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    Court of Appeals of New York, Consumers Union of United States, Inc. v. New York, Daphne Vlcek

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    Court of Appeals of New York, Courtroom Television Network, LLC v. New York, Courtney Weinberger

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    Court of Appeals of New York - Cubas v. Martinez, Gregory Gillen

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    Court of Appeals of New York, Harner v. County of Tioga, Gerald C. Waters Jr.

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    Court of Appeals of New York, Hernandez v. Robles, Gennaro Savastano

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    Court of Appeals of New York, In the Matter of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" v. Spitzer, Christin Harris

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    Court of Appeals of New York, Local Government Assistance Corp. v. Sales Tax Asset Receivable Corp., Hannah Abrams

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    Court of Appeals of New York - New York ex rel. Harkavy v. Consilvio, Sardar Asadullah

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    Court of Appeals of New York, People v. Abar, Danielle Dupré

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    Court of Appeals of New York, People v. Burton, Diane Matero

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    Court of Appeals of New York, People v. Cahill, Annette Thompson

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    Court of Appeals of New York, People v. Carranza, Yale Pollack

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    Court of Appeals of New York - People v. Gajadhar, Joseph Maehr

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    Court of Appeals of New York, People v. Grice, Michael Elkin and Patrick Foster

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    Court of Appeals of New York, People v. Henriquez, Nicholas Melillo

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    Court of Appeals of New York, People v. Johnson, Denise Shanley

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    Court of Appeals of New York, People v. LaValle, Randi Schwartz

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    Court of Appealsof New York, People v. Linares, Ellyn Wilder

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    Court of Appeals of New York, People v. Moore, Gennaro Savastano

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    Court of Appeals of New York, People v. Mundo, Avinoam Cohen

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    Court of Appeals of New York - People v. Nieves-Andino, Jason Gines

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    Court of Appeals of New York, People v. Paulman, Michele Kligman

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    Court of Appeals of New York - People v. Ramchair, Joseph Maehr

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    Court of Appeals of New York, People v. Rose, Susan Persaud

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    Court of Appeals of New York, People v. Taylor, Susan Persaud

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    Court of Appeals of New York - Polito v. Walsh, William Pike

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    Court of Appeals of New York, Watson v. State Commission on Judicial Conduct, Denise Shanley

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    Crawford v. Washington: Reclaiming the Original Meaning of the Confrontation Clause, Danielle Dupre

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    Criminal Court, Kings County, People v. Artusa, Jessica Miller

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    Criminal Court, New York County, People v. DeJesus, Justin Goldberg

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    Criminal Court, New York County, People v. James, Nicole Compas

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    Criminal Procedure Decisions from the October 2006 Term, Susan N. Herman

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    Criminal Procedure Decisions in the October 2005 Term, Susan N. Herman

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    Curtailing the First Amendment Protection to Discovery, Silvia Durri

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    Dan Subotnik, Toxic Diversity: Race, Gender, and Law Talk in America, Hannah Abrams

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    Death Penalty and the Right to Counsel Decisions in the October 2005 Term, Richard Klein

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    Defaults and Choices in the Marriage Contract: How to Increase Autonomy, Encourage Discussion, and Circumvent Constitutional Constraints, Andrew Blair-Stanek

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    Defining and Defending Borders; Just and Legal Wars in Jewish Thought and Practice, Mark Goldfeder

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    Defining the Line between Constitutionally Protected Speech and True Threats: Can I Be Arrested for Being Annoying?, Allison E. Dolzani

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    Detentions Without Due Process of Law Following September 11th, Erwin Chemerinsky

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    Determining the Extent of the Work for Hire Doctrine and Its Effect on Termination Rights, Allison E. Dolzani

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    Determining the Location of Injury for New York's Long Arm Statute in an Infringement Claim, Stefan Josephs

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    Discrimination Cases in the October 2004 Term, Eileen M. Kaufman

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    Discrimination Cases of the 2002 Term, Eileen Kaufman

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    Discussion: Focus on Federalism, Erwin Chemerinsky, Jeffrey B. Morris, and Martin A. Schwartz

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    Disparity in Police Procedures for Non-English Speaking DWI Suspects: Constitutional Protections for Non-English Speaking Criminal Defendants Falling Second to Governmental Interests, Daniela Giordano

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    District Court, Nassau County, People v. Yaghoubi, David Schoenhaar

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    District Court, Suffolk County New York, People v. NYTAC Corp., Maureen Fitzgerald

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    Does Religion Have a Role in Criminal Sentencing?, Jack B. Weinstein

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    Does Testing = Race Discrimination?: Ricci, the Bar Exam, the LSAT, and the Challenge to Learning, Dan Subotnik

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    Don't Feed the Deer: Misapplications of Statutory Vagueness and the First Amendment Overbreadth Doctrine, Brian Hodgkinson

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    Double Jeopardy: A Resentencing Game, Deirdre Cicciaro

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    Dred Scott: A Nightmare for the Originalists, Sol Wachtler

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    Employer Beware? Enforcing Transnational Labor Standards in the United States Under the Alien Tort Claims Act, sarah J. adams-schoen

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    Equal Protection and the Gifted and Talented Program, Deirdre Cicciaro

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    Evaluating Candidacy Restrictions: The Implications of New York's Modified Approach, Brian Hodgkinson

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    Evidentiary Use of Photographic Identification: Is It Time for New York to Reevaluate Its Singular Exception?, Daniela Giordano

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    Expanding the Civil Rights Dialogue in an Increasingly Diverse America: A Review of Frank Wu’s Yellow: Race in America Beyond Black and White, Harvey Gee

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    Exporting the Legal Incubator: A Conversation with Fred Rooney, Fred Rooney and Justin Steele

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    "Extraordinarily Called upon by the Blessings Which We Have Received", Ronald R. Garet

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    Faking Equity: A Critique of the New York Equitable Distribution Statute as Applied to Licenses and Degrees under the O'Brien Decision, Nicole Giannakis

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    False Arrest, Malicious Prosecution, and Abuse of Process in § 1983 Litigation, John Williams

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    Family Court of New York, Nassau County - In re S.S., Steven Fox

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    Family Court, Queens County, In re German F. and Hector R., Angelique Hermanowski

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    Family Court, Queens County, In the Matter of Joseph G., Annette Thompson

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    Fantasy Sports and the Right of Publicity Are under Further Review, Christopher Miner

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    Federalism and Business Decisions in the October 2005 Term, Carter G. Phillips

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    Federalism Cases in the October 2004 Term, Erwin Chemerinsky

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    Final Offer Arbitration, Harold I. Abramson

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    First Amendment Cases in the October 2004 Term, Joel M. Gora

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    First Amendment Decisions - 2002 Term, Joel Gora

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    First Amendment Decisions from the October 2006 Term, Erwin Chemerinsky and Marci A. Hamilton

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    First Amendment Decisions in the October 2005 Term, Joel Gora

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    Foreword: Conference on Religious Legal Theory: RLT IV: Expanding The Conversation, Samuel J. Levine

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    Foreword: Conference on Religious Legal Theory: RLT IV: Expanding the Conversation, Samuel J. Levine

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    Fostering a Respect for Our Students, Our Specialty, and the Legal Profession: Introducing Ethics and Professionalism into the Legal Writing Curriculum, Melissa H. Weresh

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    Fourth Amendment Right to Privacy with Respect to Bank Records in Criminal Cases, Francesca M. Brancato

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    Fred Bosselman and the Taking Issue, David L. Callies

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    From Collaboration to Consolidation: Developing a More Expansive Model for Responding to Family Violence, Deseriee A. Kennedy

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    From Kiobel Back to Structural Reform: The Hidden Legacy of Holocaust Restitution Litigation, Leora Bilsky, Rodger D. Citron, and Natalie R. Davidson

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    How Much Spam Can Can-Spam Can?: Evaluating the Effectiveness of the Can-Spam Act in the Wake of White Buffalo Ventures v. University of Texas, Fay Katayama

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    Improving Legal Writing: A Life-Long Learning Process and Continuing Professional Challenge, Kathleen Elliott Vinson

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    Increased Importance of Legal Writing in the Era of “The Vanishing Trial”, Edward D. Re

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    In Memoriam: Dr. Deborah C. Hecht, Jeffrey B. Morris

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    In Re Allers: A Display of Progress, Not Perfection, in the Guardianship System, Melanie Rosen

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    Interpreting Search Incident to Arrest in New York: Past, Present, and Future, Jacqueline Iaquinta

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    Intertwining of Poverty, Gender, and Race: A Critical Analysis of Welfare News Coverage from 1993-2000, Deseriee A. Kennedy

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    "I See and I Remember; I Do and Understand": Teaching Fundamental Structure in Legal Writing Through the Use of Samples, Judith B. Tracy

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    Is New York Achieving More Reliable and Just Convictions When the Admissibility of a Suggestive Pretrial Identification is at Issue?, Matthew Gordon

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    Is Prayer Constitutional at Municipal Council Meetings?, Thomas A. Schweitzer

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    It's a 'Criming Shame': Moving from Land Use Ethics to Criminalization of Behavior Leading to Permits and Other Zoning Related Acts, Patricia E. Salkin and Bailey Ince

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    It's Reasonable to Expect Privacy When Watching Adult Videos, Matthew Leonhardt

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    Justification for Police Intrusions, Corey Rashkover

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    Land Use Law Update: The Court of Appeals Issues a Victory for Home Rule in Wallach v. Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield, Sarah Adams-Schoen

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    Lawrence v. Texas: The Decision and Its Implications for the Future, Martin A. Schwartz

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    Ledbetter v. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.

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    Locked Glove Compartments: Searchable or Stash Spots?, Evan Levtow

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    Look Back at the Rehnquist Era and an Overview of the 2004 Supreme Court Term, Erwin Chemerinsky

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    Market Impact, Loss Causation and Multiple Regression Modeling - The Importance of Modular Theories of Damage Causation in Antitrust Class Certification Motion Practice after Comcast v. Behrend, Laurence A. Steckman, Robert E. Conner, and Stuart J. Rosenthal

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    Mastering Patent Claim Construction: A Patent Special Master's Perspective, Robert J. Rando

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    McManus v. Horn: The Legality of Setting a Single Form of Bail, Maureen Wynne

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    Mediation Representation: Representing Clients Anywhere, Harold Abramson

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    Military Commissions in America? Domestic Liberty Implications of the Military Commissions Act of 2006, Sean Riordan

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    NCAA Amateurism and Athletics: A Perfect Marriage or a Dysfunctional Relationship? -An Antitrust Approach to Student-Athlete Compensation, Edward H. Grimmett

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    Neutral Discrimination – Selective Enforcement of Religiously Neutral Laws and the First Amendment, Jeffrey Gautsche

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    No Adequate Recompense for Destruction: The Constitutionality of the New York Medical Malpractice Statute of Limitations as Applied to Misdiagnosis of Latent Disease, Lillian M. Spiess

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    Not So Fast: I Have Been Deprived of My Right to Counsel, Elias Arroyo

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    Nuance, Technology, and the Fourth Amendment: A Response to Predictive Policing and Reasonable Suspicion, Fabio Arcila Jr.

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    One Less Juror: A Defendant's Right to Juror Substitution, Luzan Moore

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    On the Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 1 of 2), sarah J. adams-schoen

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    On the Waterfront: New York City's Climate Change Adaptation and Mitigation Challenge (Part 2 of 2), sarah J. adams-schoen

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    Other Civil Rights Decisions in the October 2005 Term: Title VII, IDEA, and Section 1981, Leon Friedman

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    Other Civil Rights Decisions in the October 2005 Term: Title VII, IDEA, and Section 1981, Eileen Kaufman

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    Other Tributes to Fred Bosselman, Edward J. Sullivan and Nancy E. Stroud

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    Political Liberalism and the Fate of Unreasonable People, Fuat Gursozlu

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    Ponzi Schemes In Bankruptcy, Honorable Dorothy T. Eisenberg and Nicholas W. Quesenberry

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    Prearraignment Lineup Procedures: Are Multiple Lineups Unduly Suggestive or Sufficiently Reliable?, Jared R. Artura

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    Presidential Powers Including Military Tribunals in the October 2005 Term, Erwin Chemerinsky

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    Pride and Prejudice: Lessons Legal Writers Can Learn from Literature, Michele G. Falkow

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    Prisoners of War: Nazi-Era Looted Art and the Need for Reform in the United States, Jessica Schubert

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    Privacy in Social Media: To Tweet or Not to Tweet?, Tara M. Breslawski

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    Private Letters and the Law: Edith Wharton’s Questions About Ownership and the Right to Publish Private Letters, Deborah Hecht

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    Protecting the Benefit of a Seller's Bargain in Real Estate Contracts, Matthew Ingber

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    Protocols for International Arbitrators Who Dare to Settle Cases, Harold Abramson

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    Putting the Cat Back in the Bag: Involuntary Confessions and Self-Incrimination, Joseph A. Iemma

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    Qualified Immunity: 1983 Litigation in the Public Employment Context, Erwin Chemerinsky

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    Qualified Immunity: Discretionary Function, Extraordinary Circumstances, and Other Nuances, Karen M. Blum

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    Qualified Immunity in the Fourth Amendment: A Practical Application of 1983 as It Applies to Fourth Amendment Excessive Force Cases, Karen Blum

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    Qualified Immunity: The Constitutional Analysis and its Application, Karen Blum

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    Recent Developments in the Use of Excessive Force by Law Enforcement, Karen M. Blum and Jack Ryan

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    Relationships are King, Arnie Herz

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    Retroactive Change in the Law to Punish a Defendant, George Schoenwaelder

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    RICO Section 1962(c) Enterprises and the Present Status of the “Distinctness Requirement” in the Second, Third and Seventh Circuits, Lawrence A. Steckman

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    Road to Booker and Beyond: Constitutional Limits on Sentence Enhancements, John Gleeson

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    Roper v. Simmons - Supreme Court's Reliance on International Law in Constitutional Decision-Making, Jessica Mishali

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    Scholarly and Scientific Boycotts of Israel: Abusing the Academic Enterprise, Kenneth Lasson

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    Scholarly Incentives, Scholarship, Article Selection Bias, and Investment Strategies for Today's Law Schools, Dan Subotnik and laura ross

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    Search and Seizures: Constitutionally Protected or Discretionary Police Work?, Jaren Fernan

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    Section 1983 Cases in the October 2004 Term, Martin A. Schwartz

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    Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky and Martin A. Schwartz

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    Section 1983 Civil Rights Litigation from the October 2006 Term, Martin Schwartz

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    Section 1983 Civil Rights Litigation in the October 2005 Term, Martin Schwartz

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    Seize First, Search Later: The Hunt for Digital Evidence, Paige Bartholomew

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    Self-Incrimination: Are Underlying Questions about a Pending Conviction on Appeal a Violation of a Defendant's Fifth Amendment Privilege Against Self-Incrimination?, MacDonald R. Drane IV

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    SHIELD LAW - The Qualified Privilege of Newscasters & Journalists in Non-Confidential News - Court of Appeals of New York - People v. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.

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    Still an Issue: The Taking Issue at 40, Patricia E. Salkin

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    Streaming While Teaching: The Legality of Using Person Streaming Video Accounts for the Classroom, Jonathan I. Ezor

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    Structural Models of Religion and State in Jewish and Democratic Political Thought: Inevitable Contradiction? The Challenge for Israel, Elazar Nachalon

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    Students as (Re)Visionaries: Or, Revision, Revision, Revision, Susan M. Taylor

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    Substantive Due Process by Another Name: Koontz, Exactions, and the Regulatory Takings Doctrine, Mark Fenster

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

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    Supreme Court 2003-2004 Term: The § 1983 Decisions, Martin A. Schwartz

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    Supreme Court, Appellate Term, First Department, People v. Bull, Randi Schwartz

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    Supreme Court, Appellate Term, People v. Morin, Lauren Tan

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    Supreme Court, Bronx County, People ex rel. Furde v. New York City Dep't of Correction, Adam D'Antonio

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    Supreme Court, Bronx County, People v. Barnville, David Schoenhaar

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    Supreme Court, Bronx County, People v. Buari, Matthew Moisan

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

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    Supreme Court, Bronx County, People v. Paul, Adam D'Antonio

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    Supreme Court, Broome County, In re United Health Services Hospitals, Kristen Kelekian

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    Supreme Court Fortifies Qualified Immunity for Law Enforcement Officers in Warrant Cases, Martin Schwartz

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    Supreme Court Holds Grand Jury Witnesses Absolutely Immune from § 1983 Liability, Martin Schwartz

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    Supreme Court, Kings County, People v. Chapman, Kerri Grzymala

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    Supreme Court, Kings County, People v. Miller, Courtney Weinberger

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    Supreme Court, Kings County, People v. Nunez, Yale Pollack

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    Supreme Court, Kings County, Wilson v. Kilkenny, James Dougherty

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    Supreme Court, Monroe County, People ex rel. Gordon v. O'Flynn, Hannah Abrams

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    Supreme Court, New York County, Hughes v. Farrey, Eric Pack

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    Supreme Court, New York County, Khrapunskiy v. Doar, Daphne Vlcek

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    Supreme Court, New York County, People v. Cespedes, Kathleen Egan

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    Supreme Court, New York County, People v. Garcia, Yale Pollack

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    Supreme Court, New York County, People v. Smith, Jessica Miller

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    Supreme Court, New York County, People v. Vasquez, Jessica Goodwin

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    Supreme Court, New York County, Renco Group, Inc. v. Workers World Party, Inc., Edward Puerta

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    Supreme Court, New York County, Robinson v. Finkel, Denise Shanley

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    Supreme Court, New York County, Themed Restaurants, Inc. v. Zagat Survey LLC, Paula Gilbert

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    Supreme Court, New York County, Uhlfelder v. Weinshall, David Schoenhaar

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    Supreme Court of New York Appellate Division, First Department - Street Vendor Project v. City of New York, Sarah Marx

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    Supreme Court of New York Appellate Division, Third Department - Kings Mall, LLC v. Wenk, Steven Fox

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    Supreme Court of New York Appellate Division, Third Department - People v. Ruppert, Sardar Asadullah

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    Supreme Court of New York Appellate Division, Third Department - People v. Willette, Mark Tsukerman

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    Supreme Court of New York, Bronx County, People v. Womack, Barry M. Frankenstein

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    Supreme Court, Queens County, People v. Michaelides, Christin Harris

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    Supreme Court, Queens County, People v. Tam, Elaine Yang

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    Supreme Court's Analysis of Issues Raised by Death Penalty Litigants in the Court's 2004 Term, Richard Klein

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    Supreme Court, Sullivan County, Holman v. Goord, Eric Pack

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    Supreme Court, Tompkins County, Seymour v. Holcomb, Jessica Goodwin

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    Surprise Symphony: The Supreme Court’s Major Criminal Law Rulings of the 2002 Term, William E. Hellerstein

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    Surrogate's Court, Broome County, In re Guardian of Derek, Barry M. Frankenstein

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    Survey 2014: Bankruptcy + Student Loan Debt Crisis, Brenda Beauchamp and Jason R. Cooper

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    Sustainability as a Means of Improving Environmental Justice, Patricia E. Salkin, John C. Dernbach, and Donald A. Brown

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    Takings Cases in the October 2004 Term, Leon D. Lazer

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    Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others, Andrea A. Curcio, Carol L. Chomsky, and Eileen Kaufman

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    The ABA Model Code Revisions and Judicial Campaign Speech: Constitutional and Practical Implications, Howland W. Abramson and Gary Lee

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    The Anti-Competitive Music Industry and the Case for Compulsory Licensing in the Digital Distribution of Music, Ankur Srivastava

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    The Art of Stripping: How the Government Applies the Takings Clause to Strip You of Your Property, Toni Kong

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    The Big Chill? - The Likely Impact of Koontz on the Local Governments/Developer Relationship, Julie A. Tappendorf and Matthew T. DiCanni

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    The Blueprint: Critiques of the Fingerprint and Abandonment Paradigms Utilized to Reject an Expectation of Privacy in DNA, Avi Goldstein

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    The Case for Rational Basis Review of General Suspicionless Searches and Seizures, Richard C. Worf

    PDF

    The Categorical Lucas Rule and the Nuisance and Background Principles Exception, Carol Necole Brown

    PDF

    The Categorical (Lucas) Rule: "Background Principles," Per Se Regulatory Takings, and the State of Exceptions, David L. Callies and David A. Robyak

    PDF

    The CFTC's Attempt to Impose Speculative Position Limits on Off-Exchange Swap Contracts Likely to Face Continued Legal Challenge, Bob Bernstein

    PDF

    The Child Client: Representing Children in Child Protective Proceedings, Merril Sobie

    PDF

    The Common Law Foundations of the Takings Clause: The Disconnect between Public and Private Law, Richard A. Epstein

    PDF

    The Cost to Carry: New York State’s Regulation on Firearm Registration, David D. Pelaez

    PDF

    The Eighth Amendment’s Excessive Fines Clause and the Artist, James L. Lyons

    PDF

    The Evolution of Youth as an Excuse: Striking a Balance Between the Interest of Public Safety and the Principle that Kids are Kids, Ashley A. Hughes

    PDF

    The Executive and the Environment: A Look at the Last Five Governors in New York, Patricia E. Salkin

    PDF

    The Facebook Status that Sparked an SEC Investigation: Regulation Fair Disclosure and the Growth of Social Media, Alyssa Wanser

    PDF

    The Federal Retreat from Protecting Defendants From Tainted Show-Up Identifications and the Superiority of New York's Approach, Stephan Josephs

    PDF

    The Helmsley Case: An Illustration of the Confused State of the Law Surrounding the Manifest Disregard of Law Doctrine as Applied to Arbitration, David Graff

    PDF

    The Legal Definition of Religion: From Eating Cat Food to White Supremacy, Jane M. Ritter

    PDF

    The Occupy Wall Street Movement and the Constitution: Protestors Preoccupied with the First Amendment, Christine Verbitsky

    PDF

    The "Parcel as a Whole" in Context: Shifting the Benefits and Burdens of Economic Life - or Not, Edward J. Sullivan and Karin Power

    PDF

    The Political Function of Revelation: Lessons from the Hebrew Bible, Geoffrey P. Miller

    PDF

    The Price of Protection: Compensation for Partial Takings along the Coast, Matthew Hromadka

    PDF

    The Property Rights Revolution That Failed: Eminent Domain in the 2004 Supreme Court Term, David Schultz

    PDF

    The Psychotherapist-Patient Privilege, Michael L. Orenstein

    PDF

    The Qualified Immunity Defense: What's “Clearly Established” and What's Not, Karen M. Blum

    PDF

    Therapeutic Jurisprudence, David Wexler

    PDF

    The Rebirth of Federal Takings Review? The Courts’ “Prudential” Answer to Williamson County’s Flawed State Litigation Ripeness Requirement, J. David Breemer

    PDF

    The Registrability of Primarily Geographically Deceptively Misdescriptive Marks: The Development of § 1052(e)(3), Courtney Liotti

    PDF

    The Ripeness Game: Why Are We Still Forced to Play?, Michael M. Berger

    PDF

    The Road From Nowhere? Punitive Damage Ratios After BMW v. Gore and State Farm Mutual Automobile Insurance Co. v. Campbell, Andrew C.W. Lund

    PDF

    The Role of Defense Counsel in Ensuring a Fair Justice System, Richard Klein

    PDF

    The Soda Ban or the Portion Cap Rule? Litigation Over the Size of Sugary Drink Containers as an Exercise in Framing, Rodger D. Citron and Paige Bartholomew

    PDF

    The State-Created Danger Doctrine, Erwin Chemerinsky

    PDF

    The Supreme Court’s Heightened Retaliation Standard in Nassar: A Prudent Limitation or a Misguided Restriction to Title VII Claims?, Darren Stakey

    PDF

    The Week After, Lawrence K. Karlton

    PDF

    Time to Try Mediation of International Commercial Disputes, Harold Abramson

    PDF

    Twenty-Five Years of Law and Religion Scholarship: Some Reflections, Marie A. Failinger

    PDF

    Two Decades of Therapeutic Jurisprudence, David B. Wexler

    PDF

    Understanding Prostitution and the Need for Reform, Tesla Carrasquillo

    PDF

    United States v. Martignon, Maureen A. Fitzgerald

    PDF

    United States v. Patane: The Beginning of the End of Miranda, Bryce Chauncey Loveland

    PDF

    Violations of Zoning Ordinances, the Covenant Against Encumbrances, and Marketability of Title: How Purchasers Can Be Better Protected, Jessica P. Wilde

    PDF

    Webmail at Work: The Case for Protection Against Employer Monitoring, Marc A. Sherman

    PDF

    "We Cannot Remain Morally Neutral": Howard A. Glickstein, Dean, Touro Law Center, 1986 – 2004, Jeffrey B. Morris

    PDF

    What Every Land Use Lawyer Should Know About the Emerging Use of Health Impact Assessment and Land Use Decision Making, Patricia E. Salkin and Pamela Ko

    PDF

    What's a Lower Court to Do? Limiting Lawrence v. Texas and the Right to Sexual Autonomy, John Tuskey

    PDF

    "When Has the Grim Reaper Finished Reaping?" How Embracing One Religion's View of Death Can Influence Acceptance of the Uniform Determination Of Death Act, Kenneth Shuster

    PDF

    Whistleblowing and Free Speech: Garcetti's Early Progeny and Shrinking Constitutional Rights of Public Employees, J. Michael McGuinness

    PDF

    You Blew It: The Confrontation Clause & Breathalyzers as Testimonial Evidence, Stephanie Tuorto

    PDF

    You Do Not Have the Right to Remain Drunk: Expanding the Scope of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein

    PDF

    You Have the Right to Be Free from Unwanted Bodily Intrusion--Unless of Course There Is a Court Order, Tara Laterza

    PDF

    You've Got Rhythm: Curriculum Planning and Teaching Rhythm at Work in the Legal Writing Classroom, Debra Moss Curtis

 
 
 

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