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New York Law Journal

So Much Depends on the Power to Dissent

The dissent “batting-average” rationale imposed upon our intermediate appellate courts in New York is computed using the devil's arithmetic; it is flawed and dangerous.
4 minute read

New York Law Journal

New Yorkers Should Push for Police Accountability

When judges deny hearings, the officers do not take the stand; they do not testify under oath; they are not subjected to scrutiny by the judge and the litigation process itself. If any misconduct took place, it does not see the light of day.
4 minute read

New York Law Journal

Article Creates Caricature of Well-Balanced Decision

Particularly unfortunate was your choosing to make one paragraph in a 4-page decision the centerpiece of your story and using tabloid-style language to characterize what you purport to believe was the Court's own view of things.
2 minute read

New York Law Journal

Hasn't the Time Come for Rudy Giuliani to Be Disciplined?

The president praises a convicted felon for not cooperating with law enforcement and condemns one who has cooperated, and Mr. Giuliani remains silent. The president characterizes John Dean who was responsible for the disclosure of Richard Nixon's criminal conduct as a “rat,” and Mr. Giuliani remains silent.
4 minute read

New York Law Journal

Biblical Law Allowed for Harsher Penalties Than Incarceration

At least based on the numerous examples in the Bible, it looks like incarceration was not avoided because of the fear of inhumane collateral damage, but because of the belief in harsher punishment.
2 minute read

New York Law Journal

National Popular Vote, With All Its Flaws, Is Worth Serious Look

All of this is to say that there are of course legal and policy issues confronting those who wish to abolish or reform the anti-democratic Electoral College. The NPV, with all of its flaws, is worth a serious look.
2 minute read

New York Law Journal

Justice Can Be Elusive in Child Custody Cases

Relying solely on evidence or testimony that's wisely crafted so the relevancy can be open to misinterpretation or easily brushed-over is perilous.
2 minute read

New Jersey Law Journal

Letter to the Editor

Please don't use the "R" word. It is the most derogatory term you can use, to those who practice plaintiff's personal injury law.
1 minute read

New York Law Journal

17 Reasons Why the National Popular Vote Initiative Is Likely to Fail

Legal scholars have argued that NPV violates sections two and five of the 1965 Voting Rights Act and Equal Protection under the Fourteenth Amendment.
6 minute read

New York Law Journal

A More Inclusive Language

"We would like humanity to be described in a more inclusive way that doesn't sound as if it has forgotten half of us."
2 minute read

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