Content Posted in 2015 | Digital Commons @ Touro Law Center | Touro College Jacob D. Fuchsberg Law Center Research

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Content Posted in 2015

A Balanced Diet of First Amendment Cases, Joel Gora

Access Denied: The Tale of Two Tenants and Building Amenities, Lauren C. Wittlin

Accidental Witness to History: My Trip to South Africa, Harold I. Abramson

Achieving the Purpose of Federal Diversity Jurisdiction: Why Courts Should Abandon the Current Treatment of LLCs under Section 1332, Kristen Curley

A Closer Look at Bowers v. Hardwick: State and Federal Decisions Concerning Sexual Privacy and Equal Protection, Jonathan Tatun

A Comparison of the New York Bar Examination and the Proposed Uniform Bar Examination, Suzanne Darrow-Kleinhaus and Mary Campbell Gallagher

A Critique of Hobby Lobby and the Supreme Court's Hands-Off Approach to Religion, Samuel J. Levine

Adjudicating Cases Involving Adolescents in Suffolk County Criminal Courts, Honorable Fernando Camacho

Administrative Inspections: The Loophole in the Fourth Amendment, Ryan Nasim

Advance Directive Accessibility: Unlocking the Toolbox Containing Our End-of-Life Decisions, Vanessa Cavallaro

After NFIB v. Sebelius, When Does the Cost of Voting Become an Illegal Poll Tax?, Andre L. Smith

A Fugitive from the Camp of the Conquerors: The Revival of Equal Sovereignty Doctrine in Shelby County v. Holder, Vik Kanwar

A Look at the Publication Requirement in New York Limited Liability Company Law, Matthew J. Moisan

Analyzing Second Amendment Challenges: Getting Strict with Judges, Lauren Dwarika

An “Equal Sovereignty” Principle Born in Northwest Austin, Texas, Raised in Shelby County, Alabama, David Kow

Any Is Too Much: Shelby County v. Holder and Diminished Citizenship, Peter Halewood

Appellate Division, First Department, Morris v. Port Authority of New York and New Jersey, Brooke Lupinacci

Appellate Division, Fourth Department, People v. Allen, Joaquin Orellana

Appellate Division, Fourth Department, People v. Park, Marcia Miller

Appellate Division, Fourth Department, People v. Taylor, Aileen R. Kavanagh

Appellate Division, Third Department, Landsman v. Village of Hancock, Joaquin Orellana

Appellate Division, Third Department, People v. Young, Randy S. Pearlman

Arc of Injustice: Pre- and Post-Decision Thoughts on Shelby County v. Holder, Janai S. Nelson

Auxiliary Protections: Why the Founders’ Bicameral Congress Depended on Senators Elected by State Legislatures, Vince Eisinger

A “Workplace Exception”: Exploring the Legal Loophole That Allows for Warrantless GPS Tracking of Government Employees’ Personal Vehicles, Antonia J. Broughton

Backsliding: The United States Supreme Court, Shelby County v. Holder and the Dismantling of Voting Rights Act of 1965, Bridgette Baldwin

Civil Rights in Crisis: The Racial Impact of the Denial of the Sixth Amendment Right to Counsel, Richard Klein

Common Ignorance: Medical Malpractice Law and the Misconceived Application of the “Common Knowledge” and “Res Ipsa Loquitur” Doctrines, Amanda E. Spinner

Constitutional Limits to the Fight Against Terrorism, Leon Friedman

Constructing a Normative Framework for Therapeutic Jurisprudence Using Social Work Principles as a Model, Robert G. Madden and Raymie H. Wayne

Contesting a Contestation of Testing: A Reply to Richard Delgado, Dan Subotnik

Control or Security: A Therapeutic Approach to the Freedom of Contract, Yuval Feldman

Copyright Law and the Internet: The New Generation of Legal Battles in the Courts, Catherine Pignataro

Court of Appeals of New York, People v. Arroyo, Jean D 'Alessandro

Court of Appeals of New York, People v. Berroa, Marcia Miller

Court of Appeals of New York, People v. Brown, Melanie Hendry

Court of Appeals of New York, People v. Ramos, Brooke Lupinacci

Court of Appeals of New York, People v. Veray, Randy S. Pearlman

Court of Appeals of New York, People v. William II, Brooke Lupinacci

Court of Appeals of New York, People v. Wright, Melanie Hendry

Data Privacy Regulation in the Age of Smartphones, Matthew Hettrich

Defining Experiential Legal Education, David I.C. Thomson

Defining the Role of Law Guardian in New York State by Statute, Standards and Case Law, Diane Somberg

Demography and Democracy, Phyllis Goldfarb

Detainees in the Global War on Terrorism Aboard Guantanamo Bay, Chad Lennon

Determining When Extrinsic Evidence Not Attached to or Incorporated by Reference in a Pleading May Be Considered on a Rule 12 Dismissal Motion, Laurence A. Steckman and Rita D. Turner

Discoverymania: Plausibility Pleading as Misprescription, Fabio Arcila Jr.

Discrimination Cases in the 2001 Term of the Supreme Court, Eileen Kaufman

District Court, Nassau County, People v. Zedner, Jonathan Kirchner

Drug Treatment Court: Therapeutic Jurisprudence Applied, Bruce J. Winick and David B. Wexler

Efficient Collaboration: How to Build Pathways between Silos, Model Behavior Ideal for Professional Identity Formation, and Create Complex Experiential Modules All While Having Fun, Christine Cerniglia Brown

Electoral Silver Linings after Shelby, Citizens United and Bennett, Ciara Torres-Spelliscy

Elimination Dance, Sarah Jane Forman

Employee Beware! Employment Agreements and What the Technology Related Employee Should Know and Understand Before Signing that Agreement: A Practical Guide, Louis J. Papa

Encouraging Engaged Scholarship: Perspectives from an Associate Dean for Research, Sonia K. Katyal

Enigma: A Variation on the Theme of Legal Writing’s Place in Contemporary Legal Education, Ian Gallacher

Eviscerating the Voting Rights Act and Moral Authority: Freedom to Discriminate Comes with a Price, Patricia A. Broussard

Fiduciary Duties of LLC Managers: Are They Subject to Prospective Waiver under the New York LLC Statute?, Jack Graves and Yelena Davydan

Five Justices Have Transformed the First Amendment’s Freedom of Religion to Freedom from Religion, Gerald Walpin

Fools Rush in Where Lawyers Would Better Tread: The Right to Self-Representation and Related Standards of Competency, Julia M. Capie

Foreword, Senator Ted Cruz

Foreword, Congressman Lee Zeldin

Foreword, Honorable Sol Wachtler

Foreword, Honorable Judith S. Kaye

Foreword to the First Volume of the Journal, David I.C. Thomson

Fourth Amendment Inquiries: When Officers Are Not Justified to Approach a Vehicle, Jeremy M. Miller

Fourth Amendment Right to Privacy: When Is It Reasonable to Search a Minor?, Ashley Moruzzi

Frederick Douglass on Shelby County, Olympia Duhart

Freedom of Unspoken Speech: Implied Defamation and Its Constitutional Limitations, Julie M. Capie

Government Duty to Protect: Post-DeShaney Developments, Erwin Chemerinsky

Grandpa, Charles Walker

How Often Do Cities Mandate Smart Growth or Green Building?, Michael Lewyn

I'm in the Pursuit of Your Property: How the Government Disguises a Taking, Amanda Miller

Immigration Policy of Israel: The Unique Perspective of a Jewish State, Yehiel S. Kaplan

Interactive Citation Workbook for the Bluebook, Tracy L. McGaugh, Christine Hurt, and Jeffrey D. Jackson

In the Wake of Florida v. J.L. - When Anonymous Tips Give Police Reasonable Suspicion, Robyn Silvermintz

Introduction Symposium: The Varieties of Therapeutic Experience, A.J. Stephani

Is There a Place for Religion in Judicial Decision-Making?, Hon. Kermit V. Lipez

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

Jackals, Tall Ships, and the Endless Forest of Lies: Foreword to Symposium on the Voting Rights Act in the Wake of Shelby County v. Holder, Anthony Paul Farley

Jack B. Weinstein: Judicial Entrepreneur, Jeffrey B. Morris

Judge Levine: A Survey of His Most Influential Court of Appeals Decisions - 1993-2002, Jean D'Alessandro

Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine

Jurisprudential Countertransference, Marla Kahn

Land Use Law Update: New York's New Climate Change Resiliency Law, Sarah Adams-Schoen

Lane v. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer

Lawyering and Its Discontents: Reclaiming Meaning in the Practice of Law, Marjorie A. Silver

Learning from Experience: An Introduction to the Journal of Experiential Learning, Patricia E. Salkin

Legal Post-Racialism as an Instrument of Racial Compromise in Shelby County v. Holder, Pantea Javidan

Let’s Not Forget: We Have a State Interest to Promote, Elias Arroyo

Loss Causation, Economic Loss Rules and Offset Defenses – Dismissal Motion Practice after Acticon A.G. v. China North East Petroleum Holdings Ltd., Laurence A. Steckman, Robert E. Conner, and Kris Steckman Taylor

Mapping Contracts, Suzanne Darrow-Kleinhaus and Sidney Kwestel

Mental Health Courts: Bridging Two Worlds, Honorable Matthew J. D’Emic

Navajo Therapeutic Jurisprudence, James W. Zion

New Issues Arising Under Section 1983, Martin A. Schwartz

New York's Statutory Bill of Rights: A Constitutional Coelacanth, Robert Emery

One Step Forward, Two Steps Backward: How the Supreme Court’s Decision in Shelby County v. Holder Eviscerated the Voting Rights Act and What Civil Rights Advocates Should Do about It, Pamela Edwards

On the Repeal of the Voting Rights Act and the Breadth of the Long Counter Revolution, Ifetayo M. Flannery

People v. Cole: Is the Incarceration of an "Actually Innocent" Person Constitutional?, Aileen R. Kavanagh

Portals to Practice: A Multidimensional Approach to Integrating Experiential Education into the Traditional Law School Curriculum, Myra Berman

Post Oppression, Christian B. Sundquist

Pot in My Backyard: Curtilage Concept Endorsed by the Queens Supreme Court to Suppress Physical Evidence of Marijuana, Laura J. Mulholland

"Practice Ready Graduates": A Millennialist Fantasy, Robert J. Condlin

Preferential Judicial Activism, Sudha Setty

Procedural and Structural Obstacles in Challenging Aspects of the Criminal Justice System, John Boston

Prosecution of Excessive Force Cases: Practical Considerations, Stephen M. Ryals

Race Indeed Above All: A Reply to Professors Andrea Curcio, Carol Chomsky, and Eileen Kaufman, Dan Subotnik

Refugee Status for Soviet Jewish Immigrants to the United States, Victor Rosenberg

Rights are Not Enough: Therapeutic Jurisprudence Lessons for Law Reformers, Nathalie Des Rosiers

Scholarship with Purpose: The View from a Mission-Driven School, Christine N. Cimini

Searching Inquiry Requirement in Civil Commitment Proceedings of Sex Offenders, Arsalan Ali Memon

Section 1983 Cases Arising from Criminal Convictions, Gail Donoghue

Section 1983 Fourth Amendment Cases From The Current Term, William E. Hellerstein

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky and Martin A. Schwartz

Setting Congress up to Fail, Margaret B. Kwoka

Sexually Exploited Youth: A View from the Bench, Honorable Fernando Camacho

Shelby County v. Holder: A Critical Analysis of the Post-Racial Movement’s Relationship to Bystander Denial and Its Effect on Perceptions of Ongoing Discrimination in Voting, Abra S. Mason

Shelby, Race, and Disability Rights, Ravi Malhotra

Sink or Swim: In Search of a Model for Coastal City Climate Resilience, Sarah Adams-Schoen

Still Fighting after All These Years: Minority Voting Rights 50 Years after the March on Washington, Deborah N. Archer

Stress, Burnout, Vicarious Trauma, and Other Emotional Realities in the Lawyer/Client Relationship, Marjorie A. Silver, Sanford Portnoy, and Jean Koh Peters

Supporting and Promoting Scholarly Life in Turbulent Times, A. Benjamin Spencer

Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky

Supreme Court, Bronx County, People v. Nieto, Jean D'Alessandro

Supreme Court, Nassau County, County of Nassau v. Moloney, Joaquin Orellana

Supreme Court, New York County, People v. Gajadahar, Melanie Hendry

Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Terrorism, the Law and Politics as Usual: A Comparison of Anti-Terrorism Legislation Before and After 9/11, Mona Conway

Testing, Discrimination, and Opportunity: A Reply to Professor Harvey Gilmore, Dan Subotnik

The Associate Dean for Research in the Age of the Internet, B. Jessie Hill

The Availability of Benefit of the Bargain Expectancy-Based Damages for Buyers Defrauded in California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, and Kris Steckman Taylor

The Blinding Color of Race: Elections and Democracy in the Post-Shelby County Era, Sahar F. Aziz

The Comprehensive Law Movement, Susan Daicoff

The Difficulty of Balancing the Doctrine of Prior Restraint with the Right of Privacy, Bridgette Nunez

The Effect of Buckhannon on the Awarding of Attorney Fees, Leon Friedman

The EPA Is Only “Sort of” Permitted to Regulate Greenhouse Gases under the Clean Air Act: How Utility Air Regulatory Group v. EPA Shows the Supreme Court Is Still Hot and Cold on Climate Change, Kristen Curley

The Failure of the Federal Courts to Incorporate O'Connor's Dangerousness Requirement into the Standards Utilized in Actions Challenging Wrongful Civil Comments, Svetlana Walker

The Future of Scholarship in Law Schools, Fabio Arcila Jr.

The Importance of Experiential Learning for Development of Essential Skills in Cross-Cultural and Intercultural Effectiveness, Mary Lynch

The Law and the “Spirit of the Law” in Legal Ethics, Samuel J. Levine

The Line Holds, But Death May Matter: The Supreme Court's Criminal Procedure Decisions of the 2001 Term, William Hellerstein

"The Majestic Professor Barbara Swartz", Richard Klein, Howard Glickstein, Eileen Kaufman, Jeffrey B. Morris, Thomas Schweitzer, and April Schwartz

The New York Limited Liability Company Law at Twenty: Past, Present & Future, Meredith R. Miller

The New York LLC Act at Twenty: Is Piercing Still “Enveloped in the Midst of Metaphor”?, Miriam R. Albert

The New York Pro Bono Scholars Program – Practical Legal Experience Assisting the Indigent that is Rewarded with Accelerated Bar Admission, Victoria A. Graffeo

The Next Move in Legal Education is Ours…., Luke Bierman

The Odyssey of a Supreme Court Decision About the Sanctity of Opinions Under the First Amendment, Richard H.W. Maloy

The Past as Prologue: Shelby County v. Holder and the Risks Ahead, J. Corey Harris

The Path Forward from Shelby County v. Holder, Janet W. Steverson

The Post-Shelby County Game, Steven R. Morrison

The Second Reconstruction Is Over, Robert V. Ward Jr.

The Voting Game, Sarah R. Robinson

Toward a Fundamental Right to Evade Law? The Rule of Power in Shelby County and State Farm, Martha T. McCluskey

Transformation: Turning Section 2 of the Voting Rights Act into Something It Is Not, J. Christian Adams

Trial Evidence Brought to Life: Illustrations from Famous Trials, Film and Fiction, Martin A. Schwartz

Tyranny of the Arrogant, Ignorant and Intolerant: The Liberal Movement to Undermine Free Speech, Hon. Loretta A. Preska

Tyranny of the Meritocracy?: A Disputation over Testing with Professor Lani Guinier, Dan Subotnik

Understanding the Costs of Experiential Legal Education, Martin J. Katz

Unmistakably Clear: Human Rights, the Right to Representation, and Remedial Voting Rights of People of Color, Matthew H. Charity

Unseen Exclusions in Voting and Immigration Law, César Cuauhtémoc García Hernández

Veteran Treatment Courts, Honorable Robert T. Russell

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

Voter Rights and Civil Rights Era Cold Cases: Section Five and the Five Cities Project, Paula C. Johnson

What are we making a Federal Case of? An Interdisciplinary Analysis of Education and the Right to Privacy in the Classroom, Ronnie Jane Lamm

When Does Force Become Excessive?, Taryn Prusinski

When Experiential Learning Takes Center Stage – Not Yet, Wes Porter

Who Should Be Afforded More Protection in Voting – the People or the States? The States, According to the Supreme Court in Shelby County v. Holder, Tara M. Darling

Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, and Ilann Margalit Maazel