New York Law Journal | Commentary
By Sol Wachtler | September 20, 2018
The only thing we learned about Judge Kavanaugh's jurisprudence from his partisan sideshow of a confirmation hearing is something we already knew: that he is an “originalist” in the mold of Justice Scalia. Originalism has always had a respected place at the table of constitutional interpretation. One of the most renowned of all originalists was Chief Justice Roger Taney, who wrote the infamous 'Dred Scott' decision.
Law.com | Commentary|Investigation
By Jenna Greene | September 12, 2018
The results of an investigation by Mary Jo White—a former SEC chair and U.S. attorney—and Nancy Kestenbaum—co-chair of her firm's white-collar defense and investigations practice group—could provide the definitive account.
New York Law Journal | Commentary
By Edward J. Janger and Aaron D. Twerski | September 12, 2018
If Amazon does not wish to be thought the seller, they must make clear that they do not stand behind the product.
New York Law Journal | Commentary
By Alan D. Scheinkman | September 4, 2018
Starting on Tuesday, Sept. 4, the Second Department's day calendars are expanding from 20 to 24 cases.
New York Law Journal | Commentary
By Thomas R. Newman and Steven J. Ahmuty Jr. | September 4, 2018
The jurisdiction of the Court of Appeals to review questions of fact is severely curtailed by the New York State Constitution (art. 6, § 3[a]), and the court's primary role is its law-making function, to unify, clarify and pronounce the law for the state of New York.
New York Law Journal | Commentary
By Michael Miller | August 27, 2018
These very rights are now under siege in a way that we haven't seen at least since the McCarthy era in the 1950s when individuals' lives were destroyed because of their beliefs.
New York Law Journal | Commentary
By Lisa A. Rickard | August 27, 2018
Indeed, if funders have absolutely no influence, what exactly are they discussing with investors?
New York Law Journal | Commentary
By Eric Eingold | August 24, 2018
The American economy loses between $78 billion and $87 billion in annual GDP every year as a result of the policies and practices that lock people with felony convictions out of the workforce.
New York Law Journal | Commentary
By Michael Hoenig | August 16, 2018
The common law of products liability traditionally posits three major theories of liability: defectively manufactured products; defectively designed products; and those rendered defective because of absent or inadequate warnings.
New York Law Journal | Commentary
By Marnie Berk | August 14, 2018
Much attention to pro bono lawyering has focused on the border, but there has been a sustained effort defending the rights of immigrants for longer than that.
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