Content Posted in 2012 | St. John's Law Scholarship Repository | St. John's University School of Law Research

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Content Posted in 2012

22 NYCRR 500.6(a): Dismissal of Appeal for Want of Prosecution Precludes Subsequent Appeal in a Civil Action, St. John's Law Review

511 West 232nd Owners Corp. v. Jennifer Realty Co.: An Insight into the Duties of Cooperative Conversion Sponsors in New York, Kristina Wesch

9-11's Impact on the Practice of Customs Laws, Joseph I. Liebman

9 N.Y.C.R.R. § 2204.6(d): "Family" as Used in New York City's Rent and Eviction Regulation Includes Nontraditional and Nonlegal Relationships, Mark A. Ricca

A Better Prepared Bar--The Wrong Approach, Michael I. Sovern

Abolishing the Quid Pro Quo and Work Environment Distinctions In Sexual Harassment Cases Under the Civil Rights Act of 1964: Vinson v. Taylor, Barbara Verdonik

About F.A.C.E. in the Supreme Court: The Freedom of Access to Clinic Entrances Act in Light of Lopez, Anna Kampourakis and Robin C. Tarr

Abridgments of Free Speech Which Discriminate on the Basis of Viewpoint: Finzer v. Barry, Anthony J. Colletta

A Bridle, a Prod, and a Big Stick: An Evaluation of Class Actions, Shareholder Proposals, and the Ultra Vires Doctrine as Methods for Controlling Corporate Behavior, Adam J. Sulkowski and Kent Greenfield

Absent an Inquiry by the Trial Court and Upon a Demonstration of Possible Conflict, New Trial Required for Jointly Represented Defendants, Patricia A. O'Malley

Absent Exigent Circumstances, Warrantless Felony Arrest Effected in Suspect's Home Violates Fourth Amendment Guarantees (United States v. Reed), John P. Furfaro

Absent Showing of Prejudice, Indictment and Conviction of Criminal Defendant by Unlicensed Prosecutor May Stand, John R. Marcil

A Buberian Approach to Constitutional Analysis: So That We May Be Able to Face Our Poorer Brethren Eye to Eye, Maria L. Ciampi

Abuse of Discretion to Compel Telephone Company to Install Pen Register (In re Pen Register), Paul S. Pearlman

Abuse of Process and Its Impact on the Poor, Elizabeth F. DeFeis

Abusive Debt Collection: Should a Private Right of Action Exist?, Richard A. Nessler

A Case of Depraved Mind Murder, Bernard E. Gegan

A Catalyst for Reforming Self-Transfer in Multidistrict Litigation: Lexecon, Inc. v. Milberg Weiss, Noreen Dever Arralde

Access Now, Inc. v. Southwest Airlines, Co.--Using the "Nexus" Approach to Determine Whether a Website Should Be Governed by the Americans with Disabilities Act, Michael Goldfarb

Access to Federal Courts and Security for Costs and Fees, John A. Gliedman

Access to Trial Exhibits in Civil Suits: In re Reporters Committee For Freedom of the Press, Kevin J. Mulry

Accommodation or Endorsement? Stark v. Independent School District: Caught in the Tangle of Establishment Clause Chaos, John W. Huleatt

Accounting Considerations Relating to Developers of Condominium Projects, Michael A. Conway

Accounting for Business Combinations: Choice or Dilemma, Abraham M. Stanger

Accounting Options and Conglomerate Growth, Henry P. Hill

Accounting Principles and Conglomerate Growth, Arthur R. Wyatt and Leonard Spacek

A Circuit Split on Judicial Deference: Interpreting Asylum Claims by Fiances and Boyfriends of Victims of China's Coercive Family Planning Policies, Nicholas Cutaia

A "Comment J" Parry to Howard Latin's "Good" Warnings, Bad Products, and Cognitive Limitations, Kenneth Ian Weissman

A Common Carrier, Whether Municipally or Privately Owned, May Be Liable for the Failure of Its Employees to Summon Aid upon Witnessing the Attack of a Passenger, Brenda F. Szydlo

A Common-Law Privilege for State Legislators in Federal Criminal Prosecutions, Richard V. Silver

A Comparative Analysis of Aging out Programs in the United States, Australia and the United Kingdom, Kevin Khurana

A Comparative Assessment of Labor Dispute Resolution in the United States & the United Kingdom, David L. Gregory and Francis A. Cavanagh

A Comparison of United States and Foreign Condominiums, Michael J. Moriarty

A Concept of the Conglomerate Firm, John M. Kuhlman and Richard M. Duke

A Conceptual Framework for Imposing Statutory Underwriter Duties on Rating Agencies Involved in the Structuring of Private Label Mortgage-Backed Securities, Gerard Uzzi

A Cost-Benefit Approach to Patent Obviousness, Tun-Jen Chiang

Acquired Immunodeficiency Syndrome: The Case for Anonymous Limited Discovery, Mark G. Pedretti and Vincent L. Gallo Jr.

Acquiring the Closely-Held Corporation, Robert S. Taft

Acquista v. New York Life Insurance Company: Consequential Damages, Emotional Distress, and Protecting the Insured and the Insurer, John U. Bauco

A Criminal Defendant Has No Constitutional Right to Standby Counsel While Conducting a Pro Se Defense, Donna M. Hitscherich

A Critical Analysis of the Standard of Review Applied by the Court of Appeals for the Federal Circuit in Antidumping and Countervailing Duty Cases, Gregory W. Carman

A Critical Examination of New York's Right of Publicity Claim, Tara B. Mulrooney

A Critical Legal Rhetoric Approach to In Re African-American Slave Descendants Litigation, Lolita Buckner Inniss

Action Against Conglomerates--Will it Hurt Small Business?, J. Malcolm Swenson

Actions Against a Village, St. John's Law Review

Actions in Breach of Contract and Fraudulent Misrepresentation Against Private Educational Institution Will Not Be Entertained When Allegations of Complaint Attack Quality of Education, Diane M. Trippany

Active Sovereignty, Timothy Zick

Adapting Due Process to Match Your Tort: In re DES: A Novel Approach to Jurisdiction, John Howard

Addressing Acquaintance Rape: The New Direction of the Rape Law Reform Movement, Kathleen F. Cairney

Addressing and Dispelling Misconceptions Surrounding the Physician-Assisted Suicide Controversy, Carol Sieger

Adjudication of Civil RICO Actions--State Courts Get an Offer They Can't Refuse: Lou v. Belzberg, Maria Allen

Adjusting Earnings and Profits Under Internal Revenue Code Section 312(e), Mark L. Regante

Admissability of Other Crimes Evidence Under the Federal Rules of Evidence (United States v. Gubelman), Thomas Schiels

Admission of Prior Bad Acts in New York for Impeachment Purposes: A Movement with the Majority, Lenore Mckenna

Admissions Practice, Thomas W. Evans

Admission? Yes; Practice? No: New York's Inconsistent Treatment of Nonresident Attorneys, Brian N. Corrigan and Eileen Cotter Donovan

Adolescent Suicide: A Call for Parental Liability, Vanessa Gardianos

ADR Education from a Litigator/Educator Perspective, C. Michael Bryce

Adrian P. Burke, Charles D. Breitel

Adrian P. Burke, Abraham D. Beame

Adrian P. Burke, Bernard E. Gegan

Adversary Proceedings: Does 28 U.S.C. § 1109(b) Confer an Absolute Right of Intervention?, Stacey A. Fabrizio and Maria T. Rivero

Advertising on the Internet: An Opportunity for Abuse?, Shirley F. Sarna

Advise and Consent: The Senate's Role in the Judicial Nomination Process, Paul Simon

Advisory Labor Arbitration Under New York Law: Does It Have a Place in Employment Law?, Mitchell H. Rubinstein

AEDPA's "Adjudication on the Merits" Requirement: Collateral Review, Federalsim, and Comity, Robert D. Sloane

Aerial Searches of Business Premises: A Bird's Eye View of the Fourth Amendment, Nancy Cifone

A Fear of Commitment: The Supreme Court's Refusal To Pronounce a First Amendment Standard for Cable Television in Denver Area Educational Telecommunications Consortium, Inc. v. FCC, Diana Israelashvili

Affirmative Action Under Title VII--Membership Quota as a Permissible Remedy (EEOC v. Local 638 . . . Local 28, Sheet Metal Workers' International Association), Patricia A. Kurtz

Affirmative Duties in Tort Following Tarasoff, Thomas J. Murphy

Affirmative Duty to Integrate Applied to Exclude Non-Whites (Otero v. New York City Housing Authority), St. John's Law Review

A Flaw in the Sarbanes-Oxley Reform: Can Diversity in the Boardroom Quell Corporate Corruption?, Steven A. Ramirez

African Structural Adjustment: Women and Legal Challenges, Gwendolyn Mikell

After Alvarez-Machain: Abduction, Standing, Denials of Justice, and Unaddressed Human Rights Claims, Jordan J. Paust

Aftermarket Purchaser Standing Under § 11 of the Securities Act of 1933, Brian Murray

After Release--The Parolee In Society, Robert E. Wolin

A Functional Response to International Crime: An International Justice Commission, Farrah Hussain

A Game of Hold'em: Critiquing United States v. Gabaldon's "All-In" Approach to Federal Kidnapping, Christopher A. Villanti

A Game Theoretic Analysis of Contribution and Claim Reduction in Antitrust Treble Damage Suits, John Cirace

Ageism, the ADEA, and the Ageless Debate Over Statutory Interpretation, Brett E. Cooper

Agency Indiscretion: Judicial Review of the Immigration Courts, Christopher Manion

A Hard and Flast Rule for Taxpayer Standing: Valley Forge Christian College v. Americans United for Separation of Church & State, Inc., Christine F. Bianco

Aiding Avarice: The Inequitable Results of Limited Grounds for Spousal Disqualification Under EPTL §5-1.2, Jessica Baquet

AIDS--A Legal Emergency, Geoffrey R. Mazel

AIDS and United States Immigration Policy: Historical Stigmatization Continues With the Latest "Loathsome" Disease, Donna E. Manfredi and Judith M. Riccardi

AIDS, Insurance and the ADA (Introductory Remarks for the Second Panel), Susan J. Stabile

Airport Searches (United States v. Bell), St. John's Law Review

A Lawyer's View of Conglomerate Mergers, John T. Loughlin

Alimony Taxation, St. John's Law Review

All-American Rape, Michelle J. Anderson

All the Freedom You Can Want: The Purported Collapse of the Problem of Free Will, Edward C. Lyons

Alma Mater's Devoted Son, Robert E. Parella

Alternate Dispute Resolution of Condominium and Cooperative Conflicts, Scott E. Mollen

Alternative Dispute Resolution and the Americans With Disabilities Act, Wayne Outten

Alternatives for Resolving Business Transaction Disputes, Bernard H. Goldstein

Alternative to What?: Primary Conflict Management--The New Face of Alternative Dispute Resolution, John Sands

Although Failure to Ensure That Defendant Is Aware of Risks Inherent in Joint Representation Is Error, Withdrawal of Guilty Plea Is Permitted Only If Defendant Demonstrates Significant Possibility of Conflict of Interest, Joan Martino

A Meaningful Opportunity to Be Heard, Harold Brown

Amended and Supplemented Bill of Particulars Allowed at Trial Where Original Bill Contained General Allegations of Negligence and Reserved Right To Rely on Res Ipsa Loquitur, St. John's Law Review

American Federation of Government Employees v. Federal Labor Relations Authority: Cushioning the Impact of the Federal Service Impasses Panel on Collective Bargaining in the Federal Sector, Arthur J. Lynch

American Labor Law and Legal Formalism: How "Legal Logic" Shaped and Vitiated the Rights of American Workers, Ellen M. Kelman

A Military Exception to "Informed Consent": Doe v. Sullivan, Patrick J. Moran

A Most Fundamental Freedom of Choice: An International Review of Conscientious Objection to Elective Abortion, Erin Whitcomb

An Analysis of Recent ERISA Preemption Jurisprudence in Anticipation of CIGNA HealthCare of Texas v. Calad and Aetna Health, Inc. v. Davila, Elizabeth Daitz

An Andy Warhol Society--First Coca-Cola, Now Humans: An Examination of Whether a Ban on Human Cloning Violates Procreative Liberty, Allison Lampert

An Argument Against the Availability of Punitive Damages in Commercial Arbitration, Karen Ruga

And a Little Child Shall Lead Them: New York's Organized Crime Control Act of 1986, Steven L. Kessler

". . . And Justice For All"?--The Bar, the Indigent and Mandatory Pro Bono, Timothy R. Couch and Albert J. Galatan

"And Then There Were None": The Fate of Peremptory Challenges in New York, Herald Price Fahringer

And Then There Were None: The Repeal of Sodomy Laws After Lawrence v. Texas and Its Effect on the Custody and Visitation Rights of Gay and Lesbian Parents, Jennifer Naeger

A Necessary Tool: The Continuing Debate over the Viability of Disparate Impact Claims Under the Age Discrimination in Employment Act, Laura C. Marino

A Negotiator Looks at the Winds of Change and the Rule of Law [The Judge Edward D. Re Distinguished Lecture Series], Ambassador Max M. Kampelman

An Employee Who Is Hired for No Specific Duration But Who Has Received Assurances that He Would Not Be Terminated Without Just Cause May Maintain a Breach of Contract Action for Wrongful Termination, Daniel P. Venora

An Environmental Justice Perspective on Superfund Reauthorization, Samara F. Swanston

An Equitable Approach to Creditor Noncompliance with Section 9-504(3) of New York's Uniform Commercial Code: Siemens Credit Corp. v. Marvik Colour, Inc., Erika L. Weinberg

"An Ever Closer Union" in Corporate Identity?: A Transatlantic Perspective on Regional Dynamics and the Societas Europaea, Jodie A. Kirshner

A New Look at Municipal Bonds--Disclosure Responsibilities in the Municipal Bond Market, William J. Casey and Owen T. Smith

A New Standard Arises Regarding Discriminatory Enforcement of Employer No-Solicitiation Rules: Restaurant Corporation of America v. NLRB, John V. Tesoriero

A New Yorker's Take, Larry Shapiro

An Examination Of American and German Corporate Law Norms, Franck Chantayan

An Examination of the Superfund Reform Act of 1994, Deeohn Ferris

An Exchange Pursuant to a Merger--Not a 16(b) Sale (Abrams v. Occidental Petroleum Corp.), St. John's Law Review

An Experiment in Compulsory Arbitration: Section 716 of the New York State Labor Relations Act, St. John's Law Review

An Historical Review and Analysis of Early United States Tax Policy Scholarship: Definition of Income and Progressive Rates, JB McCombs

An International Criminal Court: Balancing the Principle of Sovereignty Against the Demands for International Justice, Patricia A. McKeon

An Ode to Probable Cause: A Brief Response to Professors Amar and Slobogin, Scott E. Sundby

Anonymous Juries: In Exigent Circumstances Only, Abraham Abramovsky and Jonathan I. Edelstein

A Note on Interpreting Statutes, Bernard H. Goldstein

"An Ounce of Prevention . . .": Restriction Versus Proaction in American Gun Violence Policies, Lynn Murtha and Suzanne L. Smith

Antibiotics Certification--Evidentiary Hearing (Pfizer, Inc. v. Richardson), St. John's Law Review

Anticompetitive Effects of the FTC's Attack on Product-Extension Mergers, James M. Ferguson

Antidumping Act (J.C. Penney Co., v. Treasury Dep't., St. John's Law Review

Antitrust and Commercial Arbitration: An Economic Analysis, Mark R. Lee

Antitrust and the Conglomerate: A Policy in Search of a Theory, Jesse W. Markham

Antitrust and the Conglomerate Movement: An Alternative from the Regulated Sector, Henry A. Einhorn

Antitrust and the New Industrial State, Jerrold L. Walden

Antitrust at the Turn of the Twenty-First Century: A View from the Middle, Robert T. Pitofsky

Antitrust in Dubious Battle, Robert H. Bork

Antitrust in the Second Circuit, Edward D. Cavanagh

Antitrust Issues in Conglomerate Acquisitions: Tracking a Moving Target, Betty Bock

Antitrust Issues of Non-Profit Hospital Mergers, John B. Saville and James Vincequerra

Antitrust Law and Proof of Consumer Injury, Robert D. Joffe

Antitrust Limits on Exploiting Intellectual Property Rights, David R. Boyko

Antitrust Policy and the Conglomerate Firm: "A Rose Is a Rose Is a Rose", Thomas F. Shea

Antitrust Policy and the Conglomerates, Irwin M. Stelzer

Antitrust Remedy Wars Episode I: Illinois Brick From Inside the Supreme Court, Andrew I. Gavil

Antitrust--The Next One Hundred Years, John H. Shenefield

An Uncertain Right: The Second Amendment and the Assault Weapon Legislation Controversy, Robert A. O'Hare and Jorge Pedreira

A Personal Commitment to Environmental Justice, Guy O. Williams

A Personal Story, Hazel Johnson

Apparently, "No Good Deed Goes Unpunished": The Earmarking Doctrine, Equitable Subrogation, and Inquiry Notice Are Necessary Protections When Refinancing Consumer Mortgages in an Uncertain Credit Market, Kevin M. Baum

Appealability of Class Certification Denials After Roper and Geraghty: The Flexible Character of the Case or Cotroversy Requirement, Henry John Kupperman

Appellate Division, First Department, Recognizes an Exception to New York City's Sovereign Immunity, Pamela McCormack

Appellate Division Holds Defendant Not Entitled to Conviction Reversal Although Denied His Right to Counsel at Suppression Hearing, Jacqueline L. Sonner

Appellate Division Recognizes Preconception Tort Liability in Favor of DES Granddaughter, Judith M. Reilly

Appellate Division, Third Department, Rules That Injury-In-Fact Triggers Insurance Coverage Under Comprehensive General Liability Policy in New York When Property Damage Is Caused by Hazardous Material Leakage, Kevin D. Lewis

Appellate Review--Abuse of Discretion, St. John's Law Review

Appellate Review of Interlocutory Orders (Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corp.), Edgar J. Royce

Appellate Review of Sentencing (McGee v. United States), St. John's Law Review

Appellate Review of Three-Judge District Courts (Thoms v. Heffernan), St. John's Law Review

Appellate Review Under the Expediting Act (International Business Machines Corp. v. United States), St. John's Law Review

Appendices: Three Justices' Notes on the Supreme Court Conferences On the Stop and Frisk Cases, John Q. Barrett

Appendix A: Map of Downtown Cleveland; and The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett

Appendix A: The Stop and Frisk Conference Notes of Justices Douglas, Brennan and Fortas; and Appendix B: A Side-by-Side Comparison of the Stop and Frisk Conference Notes of Justices Douglas, Brennan and Fortas, John Q. Barrett

Appendix B: State of Ohio v. Richard D. Chilton and State of Ohio v. John W. Terry: The Suppression Hearings and Trial Transcripts, John Q. Barrett

Appendix--Proposed APB Opinion: Business Combinations and Intangible Assets, Accounting Principles Board of the American Institute of Certified Public Accountants

Application of Foreign Objects Discovery Rule Extended to Cause of Action in Negligence and Breach of Warranty, St. John's Law Review

Application of Section 16(b) to Defensive Merger (American Standard, Inc. v. Crane Co.), Allen A. Hans

Application of the Good-Faith Exception in Instances of a Predicate Illegal Search: "Reasonable" Means Around the Exclusionary Rule?, Gretchan R. Diffendal

Application of the Law of War to the Global War on Terror, Dick Jackson

Applying International Human Rights Norms in the United States: Holding Multinational Corporations Accountable in the United States For International Human Rights Violations Under the Alien Tort Claims Act, Claudia T. Salazar

Applying Learning-Styles Theory in the Workplace: How to Maximize Learning-Styles Strengths to Improve Work Performance in Law Practice, Robin A. Boyle

Apportioning Tort Damages in New York: A Method to the Madness, Paul F. Kirgis

Appropriation of Public Personality Held Actionable, St. John's Law Review

A Practical Approach to Tinker and Its Progeny, Elliot M. Mincberg

A Practical Look at Virtual Property, Allen Chein

A Prescription for the Treatment of Product-by-Process Patent Infringement, Alan I. Cohen

A Probabilistic Approach to Conglomerate Mergers, Lee E. Preston

A Proposal For Mandatory Preselection Screening for State Court Judges, Martin I. Kaminsky

A Proposal for the Equal Protection of Non-Indians Practicing Native American Religions: Can the Religious Freedom Restoration Act Finally Remove the Existing Difference Without a Difference?, Francis X. Santangelo

A Proposal to Reform the Process for Confirming Justices of the United States Supreme Court, Arthur S. Leonard

A Prosecutor's Perspective, Hon. Michael R. Juviler

Arbitration and the Securities Exchange Act of 1934: The Prospect of Extending Wilko v. Swan, Roslyn A. Quarto and George Boss

Arbitration (Axelrod & Co. v. Kordich, Victor & Neufeld; Coenen v. Pressprich), St. John's Law Review

Arbitration--Disclosure--Arbitrator in Commercial Arbitration Proceeding Held To Judicial Standards of Impartiality (Commonwealth Coatings Corp. v. Continental Casualty Co., U.S. 1968), St. John's Law Review

Arbitration, Equitable Estoppel, and the Right to Interlocutory Appellate Review, Theodore J. Hawkins

A Real Estate Purchaser's Unjustified Breach of Contract Precludes Recovery of the Down Payment, Daniel Clivner

A Reassessment of the Selling Real Estate Broker's Agency Relationship with the Purchaser, Joseph M. Grohman

Are Employers Who Refuse to Hire Smokers Discriminating Within the Meaning of the Americans With Disabilities Act of 1990?, Christina Guzek Grasso

A Re-examination of the Liberty of Press and Media Shield Laws After Knight-Ridder Broadcasting, Inc. v. Greenberg, Stephen G. Mason

Are KERPs Alive in Essence? The Viability of Executive Incentive Bonus Plans After 11 U.S.C. § 503(C)(1), Melissa C. King

Are Religiously Affiliated Law Schools Obsolete in America? The View of an Outsider Looking In, Randy Lee

A Response to Professor Tushnet, John M. Rogers

A Retreat From Absolute Immunity for Federal Officials (Economou v. United States Department of Agriculture), Dennis P. Orr

A Return to Technical Pleadings?--Schiavone v. Fortune, Ken C. Chin

Are You Simply Sleeping Your Way to the Top or Creating an Actionable Hostile Work Environment?: A Critique of Miller v. Department of Corrections in the Title VII Context, Christina J. Fletcher

Are You Still Master of Your Domain? Abuses of Economic Development Takings, and Michigan's Return to "Public Use" in County of Wayne v. Heathcock, Peter M. Agnetti

Argue with Science? The Admissability Debate Surrounding DNA Identification, Daniel C. Burke and Brian J. Whiteman

Aristotle and Congress, Jerrold G. Van Cise

"Arrogance Cloaked as Neutrality" (On Reading the Constitution), Frederick Mark Gedicks

Art. 6, § 19(f): Status of Litigation in Supreme Court Affected by Proceedings in New York City Civil Court Even Though Civil Court Transferred the Action Because It Lacked Jurisdiction, St. John's Law Review

Art. 6, § 28: First Department Establishes New Procedure for Calendar Disposition, St. John's Law Review

Article 2 of the Uniform Commercial Code and Consumer Protection: The Refusal to Experiment, Caroline Edwards

Article 31: Disclosure Available To Obtain Material in Opposition to Motion Attacking Personal Jurisdiction, St. John's Law Review

Article 8 of the WTO Safeguards Agreement: Reforming the Right to Rebalance, Matthew R. Nicely and David T. Hardin

Article III Federal Judges, Edward D. Re

Article I, Section 12 of the New York State Constitution: Revised Interpretation in Wake of New Federal Standards?, Merryl Hoffman

Article VI, §§ 1, 28: Appellate Division Is Empowered To Determine Places of Court Terms, St. John's Law Review

Artificially Affecting Market Activity Through Lock-Up Agreements--Manipulation Under Section 14(e): Data Probe Acquisition Corp. v. Datatab, Inc., Deborah Fanning

A Shareholder May Bring a Direct Action Against Investment Bankers for Giving Negligent Advice in a Sale of Control Transaction, John J. Kim

A Simple Compromise: The Need for a Federal Data Breach Notification Law, Jacqueline May Tom

A Social Contract Argument for the State's Duty to Protect from Private Violence, Liliya Abramchayev

A Sovereignty of Convenience: Native American Sovereignty and the United States Government's Plan for Radioactive Waste on Indian Land, Charles K. Johnson

Assault on Hatch Act Signals Political Activity for Government Workers, William Hibsher

Assent and Accountability in Contract: An Analysis of Objective Standards in Contemporary Contract Adjudication, Brian A. Blum

Assessing the Constitutionality of Capital Child Rape Statutes, Meryl P. Diamond

Asset Preservation Orders by the Office of Thrift Supervision, Dwight C. Smith III and Jonathan H. Talcott

Assignment of Labor Arbitration, Mitchell H. Rubenstein

Assisted Suicide: Legal, Medical & Ethical Considerations for the Future, Rita L. Marker

A State Court's Refusal to Answer Certified Questions: Are Inferences Permitted?, Richard Alan Chase

A Step in the Right Direction: People v. Hafeez Stopping the Expansion of Depraved Indifference Murder in New York State, Brian F. Allen

A Substituted Judgment of Inferred Intentions: Matsushita Electric Industrial Co. v. United States, James D. Herschlein

A Survey of Changes in United States Litigation, Jack B. Weinstein

A Survey of the Law of Property Disposition Upon Divorce in the Tristate Area, Louis M. J. DiLeo

A Synopsis of the Children's Online Privacy Protection Act, Nancy L. Savitt

A Taxonomy of State Court Personnel Management, James A. Gazell

A Theory of Negligence and Products Liability, John Cirace

A Three Prong Approach to the Admissability of Expert Testimony on Child Sexual Abuse Syndrome, Elizabeth MacEwen and Peter Tamigi

A Tribute to Judge Adrian Burke, Charles S. Desmond

A Trip Through the Maze of "Corporate Democracy": Shareholder Voice and Management Composition, Thomas W. Joo

Attempting to Discuss Race in Business and Corporate Law Courses and Seminars, Cheryl L. Wade

Attorney-Client Privilege--Requiring A Preliminary Showing of Relevancy and Need in Grand Jury Proceedings, Daniel J. O'Donnell

Attorney Malpractice for Failure to Require Fee Owner's Title Insurance in a Residential Real Estate Transaction, Robin Paul Malloy and Mark Kaplow

Attorney May Take a Direct Appeal from a Supreme Court Disqualification Order Since a Disqualification Proceeding Is Civil in Nature, Bernard D'Orazio

Attorney's Liability to Client's Adversaries for Instituting Frivolous Lawsuits: A Reassertion of Old Values, John H. Beers

Audience Measurement, the Diversity Principle, and the First Amendment Right to Construct the Audience, Philip M. Napoli

Audience Participation, Panel One Audience

Audience Participation, Panel Two Audience

Audience Participation, Panel Three Audience

A U.S. Government Perspective Concerning the Agreement on the Trade-Related Aspects of Intellectual Property: Past, Present and Near Future, Peter N. Fowler and Alice T. Zalik

Authorization of Wiretaps (United States v. Pisacano), St. John's Law Review

Available Compromises for Continued Judicial Selection Reform, Martin I. Kaminsky

A Validation of Pretextual Arrests: United States v. Trigg, John W. Barker

A Victory for the Landlords--Or is it? The Constitutionality of the 1997 Amendments to the RPAPL, William H. Jeberg

Avoiding a Landmine: A Practitioner's Guide to Disarming the Reasonably Equivalent Value Requirement of Section 548 of the Bankruptcy Code, Scott Todd Salmonson

Avoiding Lawyer Liability in the Wake of Kaye, Scholer, Brian W. Smith and M. Lindsay Childress

Avoiding Payne: An Analysis of Victim Impact Evidence, Randall Coyne

Avoiding the Perils of Judicial Treatywriting: In re Korean Air Lines Disaster, Brian Whiteley

Awards of Attorney's Fees in the Federal Courts, Peter N. Cubita, Jeffrey S. Lichtman, and Daniel D. Rubino

A Woman's Right to Self-Defense: The Case of Aileen Carol Wuornos, Phyllis Chesler

B2B Web Sites, Antitrust Concerns, and the Rule of Reason, Michael E. Comerford

Bad Behavior Makes Big Law: Southern Malfeasance and the Expansion of Federal Judicial Power, 1954–1968, David J. Garrow

Bad Bytes: The Application of Strict Products Liability to Computer Software, Lori A. Weber

Bad Faith Strictly Defined for Private Commodities Lawsuits: Sam Wong & Son, Inc. v. New York Mercantile Exchange, Joseph M. Barry

Bait and Switch in Hosty v. Carter: The Seventh Circuit's Recipe for Limiting Free Speech Rights of College Journalists by Extending the "Hazelwood Doctrine" and Misusing Qualified Immunity, Joe Murphy

Balancing Antitrust and Labor Policies on the Court: Wood v. National Basketball Association, Richard J. Haray

Balancing Fundamental Civil Liberties and the Need for Increased Homeland Security: The Attorney-Client Privilege After September 11th, Katherine Ruzenski

Banking Law § 673: Violations of Civil Banking Regulations Held to Constitute Criminal Misapplication of Bank Funds, John James Lynch

Bank Loans as Securities (Exchange National Bank v. Touche Ross & Co.), Alfred Groner

Bankruptcy: The Legal Whipping Boy, Joseph V. Costa

Bank's Right of Set-off Under the Bankruptcy Act (New Jersey National Bank v. Gutterman (In re Applied Logic Corp.)), Gregory J. O'Connell

Baseline Analysis: Broadening the Judicial Perspective, Anna T. Majewicz

Batson Challenges and the Jury Project: Is New York Ready to Eliminate Discrimination From Criminal Jury Selection?, James A. Domini and Eric Sheridan

Battered Women's Syndrome and Premenstrual Syndrome: A Comparison of Their Possible Use as Defenses to Criminal Liability, Joann D'Emilio

BCL 1312(a): Violation of Statute Held Not Jurisdictional in Nature, St. John's Law Review

BCL § 304(a): Court Will Not Vacate Default Judgment Where Corporate Defendant Had Not Received Notice Due to Its Own Neglect, St. John's Law Review

BCL § 307: Applicable in Quasi In Rem Situations, St. John's Law Review

BCL § 626: Corporate Dissolution and Distribution of Assets Held Not to Preclude Subsequent Derivative Action, John F. Finnegan

Beating Plowshares Into Swords--Reconciling the Sovereign Right to Self-Determination with Individual Human Rights Through an International Criminal Court: The Lessons of the Former Yugoslavia and Rwanda as a Frontispiece, Rocco P. Cervoni

Because Death is Different: Legal and Moral Arguments for Broadening Defendants' Rights to Discovery in Federal Capital Cases, Stefanie Lindeman

Begging: Free Speech or Poor Conduct?, Patrick B. Gonzalez and Robert P. Kuehn

Behold, the Day of Judgment: Is the RICO Pattern Requirement Void for Vagueness?, Robert D. Luskin

Better Competition Advocacy, Maurice E. Stucke

Better Dead Than R(ap)ed?: The Patriarchal Rhetoric Driving Capital Rape Statutes, Corey Rayburn

Better Late Than Never: New York Finally Closes the "Gap" in Recovery Permitted for Negligent Infliction of Emotional Distress in Prenatal Medical Malpractice Cases, Alicia A. Ellis

Better Living Through Software: Promoting Information Processing Advances Through Patent Incentives, Richard S. Gruner

Beyond Confusion: Reexamining Trademark Law's Goals in the World of Online Advertising, Paul L. Bonewitz

Beyond IDR: Resolving Hospital Disputes and Healing Ailing Organizations Through ITR, Orna Rabinovich-Einy

Beyond Neutralism: A Suggested Historically Justifiable Approach to Establishment Clause Analysis, Kevin D. Evans

Beyond Techniques of Case Management: The Challenge of the Civil Justice Reform Act of 1990, A. Leo Levin

Beyond Terrorism: The Potential Chilling Effect on the Internet of Broad Law Enforcement Legislation, Todd M. Gardella

Beyond the Bennett Amendment: Establishing a Prima Facie Case of Sexual Discrimination in Compensation Under Title VII, Clara S. Licata

Beyond the Polemics: Realistic Options to Help Divorcing Families Manage Domestic Violence, Elayne E. Greenberg

Beyond "The Wall": The American Financial System and Glass-Steagall Reform, Kelly A. Zazella

Bias, the Brain, and Student Evaluations of Teaching, Deborah J. Merritt

Bibliography, Amy R. Jennings

"Big Eight" Beware: Multinational Accounting Firms and the Increasing Scope of Subject Matter Jurisdiction under the Federal Securities Laws, Anthony Michale Sabino

Big Tax Reform, Little Tax Reform (Keynote Presentation), Clarissa C. Potter

Biotechnology: Cui Bono, Autem Cui Malo?, Jolyon Jesty Ph.D.

Birth of a New Age: A Comprehensive Review of New York Inheritance Law Responding to Advances in Reproductive Technology, Catherine Belfi

Biting the Bullet: Two Proposals to Stem the Tide of Gun Violence, Wayne H. Wink Jr.

Biting the Hand that Feeds You: The Reporter-Confidential Source Relationship in the Wake of Cohen v. Cowles, Joseph W. Ragusa

Black Economic Development (William F. Haddad & G. Douglas Pugh, Editors), Theodore M. Hesburgh

Blended Sentencing: A Good Idea for Juvenile Sex Offenders?, Kristin L. Caballero

Blood Sample Taken Without Defendant's Consent During a Prearrest Investigation Is Inadmissible in Subsequent Prosecution Unless Taken Pursuant to an Authorizing Court Order, Robert J. Gunther Jr.

Blood Transfusions--Strict Liability?, Irwin H. Haut and Aaron A. Alter

Board of Managers' Authority to Borrow Money, James L. Casey

Bondholders' Rights and the Case for a Fiduciary Duty, David M.W. Harvey

Books vs. Non-Book Information, Betty W. Taylor

Booth v. Maryland: Silencing the Victim in the Sentencing Proceeding, Jean Marie Schieler

Bork's Apologia (The Tempting of America: The Political Seduction of the Law), Thomas M. Melsheimer

Bragdon v. Abbott: A Case of HIV as a Perceived Disability Under the Americans With Disabilities Act, Denise DeCell

Braving the New World in the Nineties, Gerald L. Neuman

Breaking Down the Ivory Tower Sweatshops: Graduate Student Assistants and their Elusive Search for Employee Status on the Private University Campus, Robert A. Epstein

Breaking the Power of the Power Brokers (Closing Remarks), Steven Paul McSloy

Bringing Law and Order to International Trade: Administrative Law Principles and the GATT/WTO, Kim Rubenstein and Jenny Schultz

Broadening the Scope of Judicial Gatekeeping: Adopting the Good Faith Doctrine in Class Action Proceedings, Eran B. Taussig

Broken Promises: Implementation of Financial Accounting Standards Board Rule 106, ERISA, and Legal Challenges to Modification and Termination of Postretirement Health Care Benefit Plans, Marilyn J. Ward Ford

Broker Held Liable for Recklessly Aiding and Abetting a Violation of Rule 10b-5 (Rolf v. Blyth Eastman Dillon & Co.), William T. Miller

Bruton v. United States: A Belated Look at the Warren Court Concept of Criminal Justice, St. John's Law Review

Building a House of Legal Rights: A Plea for the Homeless, Maria L. Ciampi

Burdening Access to Justice: The Cost of Divorce Mediation on the Cheap, Carol J. King

Business Corporation Law § 626(e): Two-Person Close Corporation Does Not Deter New York Court of Appeals from Steadfast Application of Statutory Rule of Recovery in Shareholder Derivative Suits, Brendan R. Sheehan

Business Immigration Becomes More Difficult, Michael D. Patrick

Cable Television and Copyright Liability (CBS, Inc. v. Teleprompter Corp.), St. John's Law Review

Cable Television: A New Challenge for the "Old" First Amendment, Christine Gasser

Calendar Marketing Agreements: How Much Longer Till the Soda Spills?, Joyce M. Bowers, Michelle G. Glassberg, and Steven J. Reisman

Campaign Finance and the 2008 Elections: How Small Change(s) Can Really Add Up, Ellen L. Weintraub and Jason K. Levine

Campaign Finance Reform "Dollar for Votes"--The American Democracy, Farah Nawaz

Can Formalism Convey Justice?--Oaths, "Deeds," & Other Legal Speech Acts in Four English Renaissance Plays, Andrew N. Adler

Can In-House Counsel Be Trusted With Access to a Competitor's Confidential Information?: U.S. Steel Corp. v. United States, Marie J. McIntyre

Can Punitive Damages Standards Be Void for Vagueness?, Christopher Gunther

Can Science Help Solomon? Child Maltreatment Cases and the Potential for Racial and Ethnic Bias in Decision Making, Sandra T. Azar and Phillip Atiba Goff

Can Sovereigns Be Brought to Justice? The Crime of Genocide's Evolution and the Meaning of the Milosevic Trial, Michael J. Kelly

Can Students Do What the State Cannot Do?: The Constitutionality of Student Initiated, Sponsored, Composed and Delivered Prayers at Graduation, Kimberly T. Morgan

Can the IRS "Whiteout" a Surrogate's Court Decision on the Deductability of Administration Expenses Under I.R.C. § 2053? United States v. White, Joseph P. Gaffney

Caring for Persons Under a Disability: A Critique of the Role of the Conservator and the "Substitution of Judgment Doctrine", Patrick J. Rohan

Carrier's Release from Future Liability Effected by Employee's Third Party Recovery Held Not a Benefit for Consideration in Apportioning Litigation Expenses, Paul R. Williams

Catholic Social Teaching on Labor and Capital: Some Implications for Labor Law, Ken Matheny

Catholic Theology of Work and Worship, Rev. John A. Perricone

"Caught in the Crossfire": Protecting the Innocent Owner of Real Property from Civil Forfeiture Under 21 U.S.C. § 881(a)(7), Alice Marie O'Brien

Causation and Civil RICO Standing: When Is a Plaintiff Injured "By Reason of" a RICO Violation?, Laura Ginger

Cause of Action Recognized as Arising Under the Warsaw Convention (Benjamin v. British European Airways), Frank K. Walsh

Causes and Consequences of Growth by Conglomerate Merger: An Introduction, Joel Dean

CCA 103: Operation of the Conference and Assignment Method of Disposition of Cases, St. John's Law Review

CCA § 1804: "Substantial Justice" in Small-Claims Case, St. John's Law Review

CCA 1804: Substantial Justice Mandate Limited by Rules of Substantive Law, St. John's Law Review

CCA 1908: Absence of Express Statutory Authority Is Not a Bar to Recovery of Necessary Litigation Expenses, St. John's Law Review

CCA 202: Civil Court Can Enforce Foreign Decree of Support, St. John's Law Review

CCA 202: Civil Court Reduces Verdict in Excess of Jurisdictional Limitation Upon Plaintiff's Consent, St. John's Law Review

CCA 306: Civil Court Changes Venue Sua Sponte with Caveat to the Bar, St. John's Law Review

CCA 401(c): Constructive Notice Given Regarding Use of Standard Notice of Petition Form, St. John's Law Review

CCA 404(a)(1): Successful Solicitation of Patronage Through Advertising in New York City Constitutes Transaction of Business in New York City, St. John's Law Review

CCA 404: Execution within New York City of Contract To Send Child to Summer Camp Is Not a Transaction of Business, St. John's Law Review

Celebrity Misrepresentation & the Federal Lanham Act: The Public Fights Back, Adam Hirschfeld

Centennial Lecture to the Nassau County Bar Association, Lord Makay of Clashfern

Challenges of Poverty and Islam Facing American Trade Law, Raj Bhala

Challenge to Administrative Policies Under the Endangered Species Act: Can Secretary Babbitt's Program Pass Muster?, John Ivanac and Stephanie K. Cervoni

Challenging the Remittitur Order (Donovan v. Penn Shipping Co.), Joseph C. Petillo

Chambers v. Omaha Girls Club, Inc.: The Eighth Circuit Opens the Door to Pregnancy Based Discrimination, Patricia K. Hart

Changes Under the Customs Procedural Reform and Simplification Act, James S. O'Kelly

Changing the Way Government Views Environmental Justice (Keynote Address), Gerald Torres

Chapters 118 and 208 of the Laws of 1999: The New York Legislature Develops a Pseudo Animal Rights Agenda, Jennifer S. Rosa

Charitable Tax Exemptions As State Action (Jackson v. Statler Foundation), Kate Monica Walsh

Charter School Accessibility For Historically Disadvantaged Students: The Experience in New Jersey, Robert J. Martin

Charter Schools Under the NCLB: Choice and Equal Educational Opportunity, Joseph O. Oluwole and Preston C. Green III

Check-Out Time at the Hotel California: "The Last Resort of Constitutional Arguments" and Proposition 187 Considered, John R. Bunker

Chief Judge Judith S. Kaye's Program of Jury Selection Reform in New York, Colleen McMahon and David L. Kornblau

Chief Justice John Marshall and Federalism, John Gibbons

Child Labor & Exploitation, David L. Gregory

Child Labor & Exploitation, Anthony Freeman

Child Labor & Exploitation, Alec Fyfe

Child Labor & Exploitation, James Reinert

Child Labor & Exploitation, Elliot Schrage

Children's Advertising Review Unit, Elizabeth L. Lascoutx

Child Sex Tourism Legislation Under the PROTECT Act: Does It Really Protect?, Amy Fraley

Child Victim Testimony, Psychological Trauma, and the Confrontation Clause: What Can the Scientific Literature Tell Us?, David Crump

Choice of Law Under Revised Article 5 of the Uniform Commercial Code--§ 5-116, Franck Chantayan

Choosing Justice, Howard C. Anawalt

Christianity and the Civil Law: Secularity, Privacy, and the Status of Objective Moral Norms, William Joseph Wagner

City of New York v. State of New York: The New York State Court of Appeals, in Declaring the Repeal of the Commuter Tax Unconstitutional, Strikes Another Blow Against Constitutional Home Rule in New York, Eliot J. Kirshnitz

Civic Association Granted Standing to Challenge Zoning Variance, St. John's Law Review

Civil Claim Settlement Talks Involving Third Parties and Insurance Company Adjusters: When Should Lawyer Conduct Standards Apply?, Jeffrey A. Parness

Civil Contempt: Defendant May Immediately Allege Ill-Health or Inability to Pay, St. John's Law Review

Civil Forfeiture in the Second Circuit, George C. Pratt and William B. Petersen

Civil RICO and "Garden Variety" Fraud--A Suggested Analysis, John F. Cove Jr.

Civil Rights Actions by State Prisoners (Rodriguez v. McGinnis), St. John's Law Review

Civ. Rights Law § 51: An Infant May Not Disaffirm Prior Parental Consent to the Commercial Publication of Her Photograph, Bernard W. Hylan

Civ. Serv. Law § 210: No Private Right of Action Under Taylor Law for Damages Resulting from Public Employee Strike, Douglas Wamsley

Claim Preclusion and Reformation of Contracts: New York CPLR 3002(d), Bernard E. Gegan

Clarifying the Admissibility of DWI Chemical Test Refusals in New York: The "Two-Hour Rule" Does Not Apply, Joseph McCormack and Timothy C. Stone

Class Act: Considering Race and Gender in the Corporate Boardroom, Janis Sarra

Class Action as a Pendent Claim (Almenares v. Wyman), St. John's Law Review

Class Actions--Aggregation of Claims (Zahn v. International Paper Co.), St. John's Law Review

Class Actions--Notice and Manageability (Eisen v. Carlisle & Jacquelin), St. John's Law Review

Classic Motion Pictures Based on Copyrighted Stories--Ninth Circuit Leaves Legacy of Confusion: Abend v. MCA, Inc., Laura T. Stine

Clean-Up Orders and the Banruptcy Code: An Exception to the Automatic Stay, Richard J. DeMarco Jr.

Clearing the Air of Environmental Sovereign Immunity: Ohio v. United States Department of Energy, Louise M. Gleason and Marie I. Goutzounis

Clearing the Docket: Alternative Dispute Resolution Under the Americans With Disabilities Act (Introductory Remarks for the Third Panel), Janet M. Spencer

Client Interests and a Lawyer's Duty To Expedite Litigation: Does Model Rule 3.2 Impose Any Independent Obligations?, Ernest F. Lidge III

Climate Surfing: A Conceptual Guide to Drafting Conservation Easements in the Age of Global Warming, James L. Olmsted Esq.

Clinical Training in the Law School: A Challenge and a Primer for the Bar and Bar Admission Authorities, William Pincus

Cloning: Scientific Technological & Ethical Considerations, Lawrence F. Roberge M.S.

Closing Remarks, Marilyn V. Yarbrough

Closing Remarks, Susan Kilbourne

Closing the Disclosure Gap in Corporate Take-Overs: The Williams Amendments and the Wheat Report, St. John's Law Review

Cogitations Concerning the Special Prosecutor Paradigm: Is the Cure Worse than the Disease?, Joseph W. Bellacosa

Cognizable Causes of Action and the Need for New Legislation (Introductory Remarks for the Third Panel), Philip Weinberg

Cohabitation Without Marriage Does Not Give Rise to Recovery in Implied-in-Law Contract for Personal Services Rendered, Joseph J. Tesoriero

Cohen v. Lord, Day & Lord: A Partnership Agreement's Impermissable Restriction on the Practice of Law, Christine Ardita

Collateral Estoppel: A Misapplication, St. John's Law Review

Collateral Estoppel and the Seventh Amendment Right to a Jury Trial (Shore v. Parklane Hosiery Co.), Joseph G. Braunreuther

Collateral Estoppel: Court of Appeals Affirms that Prior Judgment Establishing Freedom from Negligence Does Not Establish Freedom from Contributory Negligence, St. John's Law Review

Collateral Estoppel: Court of Claims Interprets DeWitt Requirements, St. John's Law Review

Collateral Estoppel: Criminal Conviction Conclusively Establishes Underlying Facts in Subsequent Civil Action, St. John's Law Review

Collateral Estoppel: Defendant Denied Defensive Use of Collateral Estoppel Despite Having Met a Greater Burden of Proof on the Issue of Contributory Negligence As Plaintiff in a Prior Action, St. John's Law Review

Collateral Estoppel: Determination Made in Criminal Prosecution May Not Be Relitigated in Subsequent Civil Action, St. John's Law Review

Collateral Estoppel: DeWitt Principle Held Inapplicable in Driver Passenger Situation, St. John's Law Review

Collateral Estoppel: DeWitt Principle Held Inapplicable in Fellow Passenger Situation, St. John's Law Review

Collateral Estoppel Effect of a Default Judgment Upon a Medical Malpractice Action, Caren E. Knobler

Collateral Estoppel: Glaser Doctrine No Longer Followed in First Department, St. John's Law Review

Collateral Estoppel: Glaser Doctrine Retained in Second Department, St. John's Law Review

Collateral Estoppel: Glaser v. Huelte Followed, St. John's Law Review

Collateral Estoppel: Glaser v. Huette Overruled, St. John's Law Review

Collateral Estoppel in New York, Maurice Rosenberg

Collateral Estoppel: Prior Judgment Establishing Freedom from Negligence Does Not Ipso Facto Establish Freedom from Contributory Negligence in Second Action, St. John's Law Review

Collateral Estoppel: Stranger to Prior Suit Properly Held Not Bound by Previous Determination of the Issues, St. John's Law Review

Collateral Estoppel: Texas Judgment Against Common Carrier Given Collateral Estoppel Effect in Subsequent Action Brought by Other Plaintiffs in New York, St. John's Law Review

Collateral Estoppel: The Preclusive Effect of Arbitration Awards, St. John's Law Review

Collateral Estoppel: Third Department Abandons Unity Requirement, St. John's Law Review

Collateral Estoppel: Thoughts on Mass Tort Cases and the "Multiple Plaintiff Anomaly", St. John's Law Review

Collection of Judgments, St. John's Law Review

Columbus 500 Years Later: An Environmental Perspective, Philip Weinberg

Combatting AIDS Discrimination in Health Insurance, Marc E. Elovitz

Combinations, Permutations, and Pooling, Russell A. Taussig

Commack Self-Service Kosher Meats, Inc. v. Rubin: Are Kosher Food Consumers No Longer Entitled to Protection From Fraud and Misrepresentation in the Marketplace?, Jared Jacobson

Commentary--Guest Statutes in Conflict of Laws: Two Opinions on Arbuthnot v. Allbright, Bernard E. Gegan

Comments on Mendel, Ralph F. Bischoff

Comments on our 9-11 Experience, Joel K. Simon

Commercial and Industrial Condominiums: An Overall Analysis, Charles A. Goldstein, Lawrence J. Lipson, Patrick J. Rohan, and Daniel S. Shapiro

Commercial Impracticability in Contracts, Paula Walter

Commercial Sound-Alikes: An Argument for a Performer's Cause of Action, Joseph P. Salvo

Commitment, Craft, and the Golden Calf: Lessons in the Book of Exodus for Legal Education, Peter Margulies

Common Law Claims Challenging Adequacy of Cigarette Warnings Preempted Under the Federal Cigarette Labeling and Advertising Act of 1965: Cipollone v. Liggett Group, Inc., Robert C. Carlsen

Common Schools and the Common Good: Reflections on the School-Choice Debate, Richard W. Garnett

Common Sense in Formation for the Common Good--Justice White's Dissents in the Parochial School Aid Cases: Patron of Lost Causes or Precursor of Good News, John J. Coughlin

Compendium: New York Law of Evidence, Joseph M. McLaughlin and St. John's Journal of Legal Commentary

Compensating Private Parties for Transnational Pollution Injury, Lynn Theresa Cahalan

Compensation for Traffic Injuries: New York and Comparative Systems, Josephine Y. King

Compensation of Public Employees Disclosable to Union Official Under Freedom of Information Law, Maureen A. Glass

Compensation Without Fault and the Keeton-O'Connell Plan: A Critique, Abraham Markhoff

Competitive Bidding Under the Robinson-Patman Act, P. Kevin Castel and Anthony R. Daniele

Competitiveness, Innovation Policy, and the Innovation Market Myth: A Reply to Tom and Newberg on Innovation Markets as the "Centerpiece" of "New Thinking" on Innovation, Lawrence B. Landman

Complicating the Copyright Law's "Work Made for Hire Provisions:" Community for Creative Non-violence v. Reid, Douglas W. Hammond

Compulsory Arbitration: The Scope of Judicial Review, Victor Cohen

Computer Software Piracy: The Need for Integration of Statutory and Technological Protections of Intellectual Property, Christopher G. Dorman and Robert G. Miller

Concluding Remarks, Rosemary C. Salomone

Concluding Remarks, Susan J. Stabile

Concluding Remarks, Edward D. Re

Concluding Remarks: Human Rights, Domestic Courts, and Effective Remedies, Edward D. Re

Concluding Remarks: Making Women Visible: Setting an Agenda for the Twenty-First Century, Berta Esperanza Hernandez-Truyol

Concord University School of Law's On-Line Law Degree Program, Andrew S. Rosen

Concurrent Jurisdiction Over Federal Civil RICO Claims: Is It Workable? An Analysis of Tafflin v. Levitt, Yolanda Eleni Stefanou

Concurrent Tortfeasor in Child's Wrongful Death Action Entitled to Seek Contribution from Parent Who Negligently Entrusted Child with a Dangerous Instrument, John F. Farmer

Conditional Agency Determination Improperly Brought Under Article 78 Will Be Converted Into Suit for Injunctive Relief Under Public Health Law, Henry John Kupperman

Condo Associations--New Cop on the Beat: Martinez v. Woodmar IV Condominiums Homeowners Association, Irene S. Mazun

Condominium Act Addition Gives New York Boards of Managers Effective Borrowing Ability, Matthew J. Leeds and Joel E. Miller

Condominium Association Remedies Against a Recalcitrant Unit Owner, Michael R. Fierro

Condominium Casualty and Liability Insurance, Thomas J. Hakala

Condominium Class Actions, Alan D. Scheinkman

Condominium Financing, Thomas H. Fegan

Condominium Investments and the Institutional Lender--A Re-view, Robert M. Zinman

Condominium Lending Trap, Melvyn Mitzner

Condominium Management, Gilbert H. Hennessey Jr.

Condominiums and the Consumer: A Checklist for Counseling the Unit Purchaser, Patrick J. Rohan

Condominiums and the Right of First Refusal, Elliot M. Stern

Condominiums and Zoning, Joseph M. Mattingly

Condominium Unit Real Estate Tax Assessment Problems, John E. Davidian

Condominium Unit Title Insurance, James M. Pedowitz

Condominium Versus Home Owner Association Arrangements--An Overview, Curtis J. Berger and Patrick J. Rohan

Condominium Workshop, Patrick J. Rohan, Arthur Levine, Thomas H. Fegan, and William H. Parry

Confirmation as Consciousness-Raising: Lessons for the Supreme Court from the Clarence Thomas Confirmation Hearings, Donald P. Judges

Conflict of Law Rules Between China and Taiwan and Their Significance, Chi Chung

Conflict of Laws--State Interest Not Sole Criterion in Choice of Appropriate Law--More General Considerations Held Cognizable (Miller v. Miller, N.Y. 1968), St. John's Law Review

Confrontation--Right to a Translator (United States ex rel. Negron v. State of New York), St. John's Law Review

Confusion Among the Courts: Should the Contents of Personal Papers Be Privileged by the Fifth Amendment's Self-Incrimination Clause?, Anne Marie DeMarco and Elisa Scott

Confusion Surrounding the Good Faith Doubt Evidentiary Standard Goes Unchecked: NLRB v. Curtin Matheson Scientific, Inc., Diane Bruce and Tara Ann Koenig

Conglomerate Commercial Banking: Issues and Policies, Benjamin J. Klebaner

Conglomerate Mergers: A Monopoly Problem?, Richard A. Miller

Conglomerate Mergers and Acquisitions: An Introduction, Martin L. Lindahl

Conglomerate Mergers and Antitrust Policy: An Introduction, Richard A. Posner

Conglomerate Mergers and Competition, Jules Backman

Conglomerate Mergers--Reciprocity, Real and Potential, as a Basis for Attack, Douglas V. Rigler

Conglomerate Mergers: The Developing Antitrust Guidelines, John Vanderstar

Conglomerate Mergers: The Myth and the Reality, David R. Kamerschen

Conglomerateness: Size and Monopoly Control, Werner Sichel

Conglomerates: A Businessman's View, Harold S. Geneen

Conglomerates and Business Competition: An Introduction, Irving Lipkowitz

Conglomerates and Securities Regulation: An Introduction, Sheldon Elsen

Conglomerates and Take-Overs, Richard B. Smith

Conglomerates and the Moment of Truth in Accounting, Homer Kripke

Conglomerates: Another Wave of Business Development or the Beginning of a New Era?, Nicholas M. Salgo

Conglomerates, Conglomerate Mergers and the Federal Antitrust Laws, John T. Miller Jr.

Conglomerates in the Retail Trade, Stanley C. Hollander

Conglomerates: The Need for Rational Policy Making, Mary Gardiner Jones and Edward J. Heiden

Conglomerates Under the Microscope: The Search for Uncertainty in an Uncertain World, William L. McGovern

Conscientious Objection in an All-Volunteer Military, Captain Robert L. Larsen Jr. and Colonel Theodore G. Hess

Consideration of "Contracting Culture" in Enforcing Arbitration Provisions, Amy J. Schmitz

Constitutional Analysis of the Barriers Same-Sex Couples Face in Their Quest to Become a Family Unit, Danielle Epstein and Lena Mukherjee

Constitutional Challenges to Official English Legislation, Carmen B. Tigreros

Constitutional Home Rule in New York: "The Ghost of Home Rule", James D. Cole

Constitutional Implications of In Vitro Fertilization Procedures, Nicole L. Cucci

Constitutional Law--Criminal Procedure--Double Jeopardy Held No Bar to Imposition of Harsher Penalty Upon Retrial--Due Process Mandates Credit for Time Previously Served (North Carolina v. Pearce, U.S. 1969), St. John's Law Review

Constitutional Law--Federal Immunity--National Banks Immune from State Taxation (First Agricultural National Bank of Berkshire County v. State Tax Commission, U.S. 1968), St. John's Law Review

Constitutional Law--Self-Incrimination--Gambler's Assertion of Self-Incrimination Privilege Constitutes Defense for Violations of Federal Wagering Tax Statutes (Marchetti v. United States, U.S. 1968), St. John's Law Review

Construction Contract Damages: A Critical Analysis of the "Total Cost" Method of Valuing Damages for "Extra Work", Karl Silverberg P.E.

Constructive Trusts: A New Basis for Tracing Equities, Bernard E. Gegan

Consumer Injury in Antitrust Litigation: Necessary, but by What Standard?, William H. Rooney

Consumer Protection and the Interstate Land Sales Full Disclosure Act, Robert J. Carlucci

Contempt: Criminal Contempt Fines Payable to City Treasury, St. John's Law Review

Contempt: Judicial and Criminal Contempt Convictions Arising Out of a Single Episode Not Barred Under Double Jeopardy Prohibition, St. John's Law Review

Contempt: Right to Trial by Jury Refused in Criminal Contempt Proceedings Against Public Employees Union, St. John's Law Review

Contempt: Written Order Is Essential to Validity of a Summary Contempt Citation, St. John's Law Review

Continuing Legal Education: Historical Background, Recent Developments, and the Future, Herschel H. Friday

Contractual Expansion of the Scope of Judicial Review of Arbitration Awards Under the Federal Arbitration Act, Cynthia A. Murray

Contractual Protection: An Existing Remedy for Bondholder Distress, Thomas E. Stagg and Scott Ferretti

Controlled Corporations--Allocation of Income (Phillipp Brothers Chemcials v. Commissioner), St. John's Law Review

Controlling the Weather: A Study of Law and Regulatory Processes (Howard J. Taubenfeld, Editor), S. Houston Lay

Controversy Over the Exclusionary Rule: Should the Criminal Go Free If the Constable Blunders?, Susan Delaney and Matthew Woitkowski

Controversy Over the Peremptory Challenge: Should Batson Be Expanded?, David Smith and Rachel Dennehy

Cooperation Between the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), Paul Salmon

Cooperative Shares Deemed Subject to Securities Acts (Forman v. Community Services, Inc.; 1050 Tenants Corps. V. Jakobson), Thomas J. Hakala

Co-Op Program, Roger I. Abrams

Coordination of State and Federal Judicial Systems, Jack B. Weinstein

Coping with the Reduced Limitation on "Compensation" Used Under Qualified Retirement Plans, Barry J. Bidjarano

Cops, Cars, and Citizens: Fixing the Broken Balance, Arnold H. Loewy

Copyright Infringement: Producers of Seinfeld Overcome Publisher's Fair Use Defense Using the Show's Strongest Weapon--Nothing: Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc., Shiri Rosental

Copyright Misuse . . . Getting Defensive: Lasercomb America, Inc. v. Reynolds, Christina Ambrosio and Roni Schneider

Corbis Corp. v. Amazon.com, Inc.--Needlessly Endorsing Overly Strict U.S. Registration Requirements in Copyright Infringement Litigation, Sara Goldfarb

Corporate Charters with Competitive Advantages, Shann Turnbull

Corporate Dissolution in New York: Liberalizing the Rights of Minority Shareholders, John E. Davidian

Corporate Diversification, Economic Theory and the Antitrust Laws, Richard E. Low

Corporate Governance Failures and the Managerial Duty of Care, Cheryl L. Wade

Corporate Governance for the Entrepreneur, Brian S. Cohen

Corporate Health Insurance Inc. v. The Texas Department of Insurance: Is the Texas Act Holding HMOs Liable for Substandard Medical Care Preempted by ERISA?, Francine S. Adler

Corporate Hierarchy and Racial Justice, Thomas W. Joo

Corporate Reorganizations: Some Current Developments Including the Tax Reform Act of 1969, John D. Shors

Corporate Social Responsibility for Work/Family Balance, Marleen A. O'Connor

Corporations and the Federal Probation Act--Is the Community an Aggrieved Party?: United States v. William Anderson Co., Timothy G. Griffin

Court-Appointed Fiduciaries: New York's Efforts to Reform a Widely-Criticized Process, Lawrence K. Marks

Courting the South Asian Vote: One Step Forward, Two Steps Back, Deepa Iyer and Priya Murthy

Court of Appeals Adopts Elevated Standard in Determining Probable Cause for Alleged Obscenity Violations, Edwin G. Oswald

Court of Appeals Applies the Doctrine of Collateral Estoppel to an Administrative Determination, Fara Agrusa

Court of Appeals Clarifies Definition of "The Same Cause of Action" for Purposes of Claim Preclusion, Marea C. Mule

Court of Appeals Establishes Standards for Production of Confidential Informants, St. John's Law Review

Court of Appeals Extends Attenuation Doctrine to Include Evidence Disclosed by a Defendant Within Seconds of an Illegal Seizure, Lorraine V.K. Coyle

Court of Appeals Jurisdiction: Motion to Dismiss for Insufficient Evidence Will Not Preserve Reviewable Question of Law on Lack of Corroboration, Elaine T. Ryan

Court of Appeals Modifies Goggins Standard for Disclosure of Informant's Identity, Alan Sorkowitz

Court of Appeals Prohibits Insurer's Indemnification of Municipal Employee for Punitive Damages Arising Out of Federal Civil Rights Action as Contrary to Public Policy, Rose Frances DiMartino

Court of Appeals Reaffirms Vitality of Donovan-Arthur Rule, St. John's Law Review

Court of Appeals Recognizes Private Constitutional Tort Remedy Against the State, Patrick J. Boyle

Court of Appeals Sanctions Warrantless Arrest Based on Probable Cause, Ernest R. Stolzer

Court of Appeals Signals Stricter Enforcement of Sandoval Guidelines, Diane L. Sheridan

Court of Claims, St. John's Law Review

CPL § 170.15(3): Conflict of Interest as a Basis for Removal of a Criminal Action, St. John's Law Review

CPL § 170.30: The Power to Dismiss Criminal Charges for Want of Prosecution Does Not Inhere in the Judiciary, Steven G. Yudin

CPL § 190.25(4): The Disclosure of Grand Jury Testimony in a Subsequent Civil Action, John F. Curran Jr.

CPL § 190.52: Statute Amended to Give Grand Jury Witnesses Limited Right to Counsel, Leah Kaplan

CPL § 195.10: Criminal Defendant May Not Waive Grand Jury Indictment and Consent to Be Prosecuted by Superior Court Information After Indictment Is Filed, David Anthony Conforti

CPL § 200.40(1): Confessions Must Be Substantially Similar as to Their Content, Regardless of Their Reliability, in Order to be Found Interlocking so as to Defeat a Motion for Severance in a Criminal Proceeding, Etty Menache Pollack

CPL § 200.50: Court of Appeals Clarifies Requirements of Factual Statement in Indictment, John F. Finston

CPL § 20.20(2)(b): Criminal Jurisdcition Exercised Over Out-of-State Assault Committed Aboard an In-Flight Aircraft, St. John's Law Review

CPL § 20.20(2)(b): Criminal Jurisdiction Over Out-of-State Conduct Threatening New York's Community Welfare Withheld, St. John's Law Review

CPL § 210.20(2): Compliance with Direction of Trial Judge Does Not Excuse Defendant's Failure to Make Timely Motion to Dismiss Grounded Upon Denial of Statutory Speedy Trial Right, Carmen A. Pacheco

CPL § 220.10: The People May Not Withdraw Consent to a Negotiated Plea Subsequent to Modification of a Material Term by the Appellate Division, Thomas M. Gandolfo

CPL § 220.60(3): Defendant Denied Full Evidentiary Hearing on Motion to Withdraw Guilty Plea Where Court Record Contains No Indication of Unfulfilled Out-of-Court Promise, Francis J. Coughlin Jr.

CPL § 270.25: Prosecutor's Use of Peremptory Challenges for Sole Purpose of Excluding Blacks from Jury Violates Criminal Defendant's Right to Trial by an Impartial Jury, Ziporah J. Szydlo

CPL § 270.25: Unrestricted Use of Peremptory Challenges Held Constitutional If Venire Consists of a Representative Cross Section of the Community, Richard C. Cavo

CPL § 270.35: Trial Judges Granted Broad Discretion to Discharge Juror Who Fails to Appear at the Trial Two Hours After Scheduled Time, Joseph J. Conklin

CPL § 30.30(4)(g): Court Congestion Not "Exceptional Circumstance" Excusing Prosecutor's Failure to Be Ready for Trial, Wayne J. Keeley

CPL § 310.50(2): Jury's Noncompliance with Trial Court's Instructions Does Not, Per Se, Require Resubmission of Verdict, Robin J. Stalbow

CPL § 330.20: Persons Involuntarily Committed Pursuant to CPL Entitled to Procedural and Substantive Safeguards Guaranteed Involuntary Civil Detainees, Carole F. Barrett

CPL § 400.21: The Defendant Has the Burden of Proving the Unconstitutionality of a Predicate Conviction Asserted by the People, Steven F. Siegel

CPL 470.05: Defendant's Failure to Assert Double Jeopardy Defense at Trial No Bar to Review on Appeal, Gene A. Capello

CPL § 50.20: Transactional Immunity Should Not Be Granted to a Witness Without Conformance to the Procedures Mandated Under the Statute Providing the Immunity, Lawrence Mahon

CPL 520.30: New York Supreme Court Holds that Defendant Has the Burden of Proving that Collateral Posted to Indemnify a Bail Bond Obligor is Not the Fruit of Criminal or Unlawful Activity, John C. Longmire

CPL § 60.35: Affirmative Damage Required for Impeachment of One's Own Witness, St. John's Law Review

CPL § 700.10: 30-Day Limit on Eavesdropping Warrant Begins on Date of Issuance, Theresa N. McKay

CPLR 10007: Broad Indemnification Clause Held Not to Cover Active Negligence of Lessor Causing Injury to Lessee, St. John's Law Review

CPLR 1002: Plaintiff May Rely upon Any Evidence Introduced in Case as Against Any Defendant, St. John's Law Review

CPLR 1005(a): New York Court Refuses To Extend Basis for Class Actions, St. John's Law Review

CPLR 1005: Court of Appeals Liberalizes Availability of Class Action, St. John's Law Review

CPLR 1005: Use of Class Action Continues To Be Restricted by the Courts, St. John's Law Review

CPLR 1007: Case Illustrates Mendel's Effect on Third-Party Claims, St. John's Law Review

CPLR 1007: Court Refuses to Allow Cause of Action for Implied Indemnity Where No Common Basis of Liability Exists, St. John's Law Review

CPLR 1007: Impleader Allowed Despite Allegations of Active Negligence in Complaint Where Bill of Particulars Indicates that Defendant Was Only Passively Negligent, St. John's Law Review

CPLR 1007: Impleader Permitted in Summary Proceeding, St. John's Law Review

CPLR 1007: Indemnification Clause Interpreted To Cover Active Negligence, St. John's Law Review

CPLR 1007: Premature Suit for Indemnification Not Permitted, St. John's Law Review

CPLR 1007: Second Department Permits Third-Party Claim for Damages in Excess of Sum Demanded in Plaintiff's Complaint, Robin E. Eichen

CPLR 1007: Third Party Action Based on Subrogation Where No Payment Has Been Made Allowed, St. John's Law Review

CPLR 1009: Claim by Plaintiff Against Third-Party Defendant, St. John's Law Review

CPLR 1012: Stockholder Allowed to Appeal Dismissal or Derivative Action Although Not a Party to Action at Trial Stage, John H. Beers

CPLR 1021: Motion To Dismiss for Failure To Substitute Denied Pending the Appearance of the Adversary, St. John's Law Review

CPLR 1025: Obstacles to an Action Against an Unincorporated Association, St. John's Law Review

CPLR 103(c): Correction Made Where Proceeding Brought in Improper Form, St. John's Law Review

CPLR 103(c): Motion Commenced by Affadavit But Served Upon Other Parties After Action Had Been Finalized, Dismissed for Lack of Jurisdiction, St. John's Law Review

CPLR 103(c): Proceeding Will Not Be Dismissed Because Brought in Improper Form, St, John's Law Review

CPLR 105(j): Age of Majority Changed to Eighteen, St. John's Law Review

CPLR 107: Judicial Praise for Official Forms, St. John's Law Review

CPLR 1102(a): Indigent Litigant in a Divorce Action Has No Constitutional Right to Assigned Counsel, St. John's Law Review

CPLR 1102(b): Poor Persons Held Not Entitled to Free Use of a Stenographer for Deposition Before Trial, St. John's Law Review

CPLR 1102: City Is Not Responsible for Costs or Publication in Matrimonial Action, St. John's Law Review

CPLR 1102: Departments Divided as to Responsibility for Indigents' Publication Costs, St. John's Law Review

CPLR 1102(d): Payment of Publication Expenses Arising from Indigent's Divorce Action Required by Equal Protection Clause, St. John's Law Review

CPLR 1102(d): Statute Affords Relief from Expense of Service of Summons by Publication in Divorce Action, St. John's Law Review

CPLR 1102: Indigent Defendant Has Constitutional Right to Counsel in Matrimonial Action, St. John's Law Review

CPLR 1102: Local Governments Must Pay Indigent Matrimonial Plaintiffs' Publication Costs, St. John's Law Review

CPLR 1102: Neither Constitutional Nor Statutory Authority Exists for Court to Order Compensation of Counsel Representing an Indigent Party in a Matrimonial Action, St. John's Law Review

CPLR 1102: Poor Person Held Entitled to Assignment of Counsel in Action for Nonpayment of Rent, St. John's Law Review

CPLR 1102: The State Is Responsible for Indigents' Publication Costs in Matrimonial Actions, St. John's Law Review

CPLR 1201: Beyer Limited to Special Circumstance Situation, St. John's Law Review

CPLR 1201: Court Vacates Default Judgment Against Party Incapable of Adequately Protecting His Rights, St. John's Law Review

CPLR 1201: Protecting the Adult Incompetent, St. John's Law Review

CPLR 1209: Permission for Submitting Infant's Claim to Arbitration May Be Obtained at Any Time Prior to Commencement of Arbitration Hearings, St. John's Law Review

CPLR 1209: Statute Not Applicable Where Infant Plaintiff Seeks Relief Under an Uninsured Automobile Indorsement, St. John's Law Review

CPLR 13-A: A District Attorney May Attach the Personal Assets of a Defendant, Prior to Conviction, Without Establishing that the Attached Assets Are the Proceeds of a Crime, James F. Kelly

CPLR 1401: Court Distinguishes True Joint Tort-Feasors from Successive Tort-Feasors, St. John's Law Review

CPLR 1402: Defense of Laches May Be Interposed in Separate Action for Dole Contribution, St. John's Law Review

CPLR 1402: Insolvent Defendant May Borrow Judgment Money Pursuant to Agreement with Plaintiff Thus Accruing His Claim for Contribution, Ellen R. Dunkin

CPLR 1411: Comparative Negligence Statute Applies to Loss of Consortium Action and Operates to Reduce Consortium Award by Degree of Spouse's Contributory Negligence, William R. Moriarty

CPLR 1502: A Proceeding Pursuant to Article 75 Can Be a Subsequent Action, St. John's Law Review

CPLR 2001: Amendment of Ad Damnum Clause Permitted When Verdict Exceeded Demand Due to Clerical Error, St. John's Law Review

CPLR 2001: Failure To State Court and County Summons Is a Jurisdictional Defect, St. John's Law Review

CPLR 202: Cause of Action for Personal Injuries by Plaintiff Not in Privity with Manufacturer Accrues, for Purposes of Borrowing Statute, in Jurisdiction Where Injury Occurred, Susan Kaufman

CPLR 202: Cause of Action in Negligence Accrues at Place of Injury for Borrowing Statute Purposes, St. John's Law Review

CPLR 202: Causes of Action by Nonresident, Time-Barred in Jurisdiction with Predominant Interest, Nevertheless Allowed in New York, St. John's Law Review

CPLR 202: Court Applies Liberal Test of Residency for Borrowing Statute Purposes Where Plaintiff Was En Route to Permanent Domicile in New York At Time Cause of Action Accrued, St. John's Law Review

CPLR 202: Court Examines "Place of Accrual" Concept Under the Borrowing Statute, St. John's Law Review

CPLR 202: Significant Contacts Test Extended to Breach of Warranty Claims for Purpose of Borrowing Statute, St. John's Law Review

CPLR 202: When Cause of Action Accrues in Another Jurisdiction Longer New York Statute of Limitations Will Not Apply if Plaintiff Is Only a Domiciliary and Not a Resident, Anthony J. Cornicello

CPLR 203(a): Cause of Action for Breach of Contract Accrues When Plaintiff Is Harmed and Not When the Breach Occurs, St. John's Law Review

CPLR 203(a): Cause of Action in Strict Products Liability for Drug-Induced Injuries Accrues Upon Injection of Drug, Peter McNamara

CPLR 203(a): Conflict Develops as to When Cause of Action Based on "Strict Tort Liability" Accrues, St. John's Law Review

CPLR 203(a): Continuous Treatment Doctrine Applied to Liability Insurer's Refusal to Defend, St. John's Law Review

CPLR 203(a): "Continuous Treatment" Doctrine Extended to Malpractice Action Against Architect, St. John's Law Review

CPLR 203(a): Extension of the Flanagan Rule, St. John's Law Review

CPLR 203(a): Flanagan Rule Applied to Radiation Injuries, St. John's Law Review

CPLR 203(b)(4): Delivery of Summons to Foreign Sheriff Does Not Extend Statute of Limitations, St. John's Law Review

CPLR 203(b)(5): Filing of Summons with County Clerk Is Effected Upon Mailing of Summons, Not Upon Actual Receipt by County Clerk, Steven J. Gartner

CPLR 203(b)(5): Interposition of a Claim by Filing Summons with Court Clerk Held to Be Equivalent to Commencement of Action, Denise M. Tormey

CPLR 203(b)(5): Sixty-Day Toll Available for Contractual Limitation Period Provided that Delivery of the Summons and Complaint upon Proper Official Is Effectuated within the Contractual Limitation Period, John M. Wilson

CPLR 203(b): Employer and Employee Are "United in Interest", St. John's Law Review

CPLR 203(b): In an Impleader Action by Retailer for Indemnification from Manufacturer, the Statute of Limitations Begins To Run in Favor of the Manufacturer on the Day of Sale, St. John's Law Review

CPLR 203(b): Preservation of a Medical Malpractice Cause of Action Under CPLR 203(b), Louis J. Ragusa

CPLR 203(b): Section's Tolling Provisions Not Rendered Inoperative by General Municipal Law Section 50-i, St. John's Law Review

CPLR 203(b): Statute of Limitations Tolled by Service upon the Secretary of State, St. John's Law Review

CPLR 203: "Continuing Treatment" Rule Applied to Injury Sustained During Hospitalization, St. John's Law Review

CPLR 203(c): Revival of Landlord's Time-Barred Counterclaim for Reformation of Lease Denied in Action by Tenant for Recovery of Rent Overpayment, St. John's Law Review

CPLR 203(c): Tolling Provisions for Defenses and Counterclaims Extended to Cross-Claims, St. John's Law Review

CPLR 203(e): Court Refuses to Allow Amendment of Pleading in Declaratory Judgment Action To Include a Cause of Action in Negligence, St. John's Law Review

CPLR 203(e): First Department Allows Relation Back of Wrongful Death Action Which Had Not Accrued When Personal Injury Action Was Commenced, St. John's Law Review

CPLR 203(e): Notice Requirement of Section Is Not Satisfied When Movant Seeks To Change the Status in Which Party Is Sued, St. John's Law Review

CPLR 203(e): Personal Representative Denied Leave to Amend a Personal Injury Complaint to Add a Timely Wrongful Death Action, St. John's Law Review

CPLR § 203(e): Plaintiff May Assert an Otherwise Time-Barred Claim Against a Third-Party Defendant If Court in its Discretion Finds Defendant Had Notice of the Claim and Amended Complaint Relates Back to Service of Third-Party Complaint, Jean Townley Nichols

CPLR 203(e): Plaintiff Permitted To Add Second Cause of Action Arising Out of Same Occurrence Even Though Statute of Limitations Had Run, St. John's Law Review

CPLR 203(e): Wrongful Death Claim Deemed Not To Relate Back to Cause of Action for Personal Injuries, St. John's Law Review

CPLR 204(b): Toll Will Not Be Granted Where Colorable Basis for Arbitration Is Lacking, St. John's Law Review

CPLR 205(a): 6-Month Extension Available Where Prior Personal Injury Action Improperly Brought in Name of Deceased Plaintiff Was Voluntarily Discontinued Without Prejudice to Plaintiff's Right to Commence an Action Under CPLR 205(a), Frank F. Coulom Jr.

CPLR 205(a): Dismissal for Lack of Personal Jurisdiction Does Not Bar Commencement of Second Action Where Defendant Has Been Properly Served, St. John's Law Review

CPLR 205(a): Prior Dismissal for Failure to Answer Calendar Call Held To Be Termination of Action for Neglect to Prosecute, Stephen H. Perry

CPLR 205(a): Relief Available When Application for Adjournment on Grounds of Actual Engagement Is Denied, St, John's Law Review

CPLR 205(a): Section Liberally Construed, St. John's Law Review

CPLR 205(a): Six-Month Extension Available Where Wrongful Death Action Dismissed for Want of a Duly Appointed Administrator, David Don

CPLR 207(3): Statute of Limitations Not Tolled for Defendant's Absence Where Expedient Service Is Available, St. John's Law Review

CPLR 207: Statute of Limitations Not Tolled By Defendant's Absence from the State Where There Is a Statutory Means of Obtaining Jurisdiction Over Him, St. John's Law Review

CPLR 207: Statute of Limitations Not Tolled for Period of Absence from State When Personal Jurisdcition Was Obtainable Over Defendant Through Expedient Service, St. John's Law Review

CPLR 208: Insanity Which Extends Statute of Limitations Includes Temporary Mental Incapacity To Protect One's Rights Arising from Physical Injury, St. John's Law Review

CPLR 208: Running Tolled for Disability Once Commenced Will Continue Despite Return of Disability, St. John's Law Review

CPLR 208: Surviving Spouse Is One "Entitled To Commence an Action" Even Though Incapacity Prevents Her Appointment, St. John's Law Review

CPLR 208: Temporary Effect of Medication Administered in Treatment of Physical Injuries Is Not "Insanity" and Will Not Cause Tolling of Statute of Limitations, Thomas Infurna

CPLR 2103(a): Licensing Statute Upheld by Lower Court, St. John's Law Review

CPLR 2103(b): Extension of Time for Service by Mail Does Not Apply to Administrative Proceedings, Jane M. Knight

CPLR 2104: Matters Not Expressly Stipulated in Writing Will Not Be Given Effect, St, John's Law Review

CPLR 2104: Oral Settlement Made in Chambers and Entered into Record by Court Reporter Held Made in Open Court, St. John's Law Review

CPLR 2104: Oral Settlement Reached at Informal Conference in Judge's Chambers Held Not Made in Open Court, St. John's Law Review

CPLR 2104: Settlement Recorded by Justice in Chambers Is Valid, St. John's Law Review

CPLR 211(b): Support Order Qualifies as Money Judgment Subject to Conclusive Presumption of Payment After Twenty Years, St. John's Law Review

CPLR 213(1): Six-Year "Catch-All" Statute of Limitations Provision Is Applicable to a Claim Under the Taylor Law Alleging the Breach of a Public Union's Duty of Fair Representation, Russell G. Wohl

CPLR 213(2): Guarantee of Contract Involving Sale of Goods Governed by 6-Year Statute of Limitations, St. John's Law Review

CPLR 213(2): Prospective Warranties and the Statute of Limitations, St. John's Law Review

CPLR 213: Contract Statute of Limitations Applied to Architect's Malpractice Action, Barbara M. Kessler

CPLR 213: Mendel Rule Applied in Impleader Context, St. John's Law Review

CPLR 213: Statute of Limitations Held Not To Bar an Action for Declaratory Judgment So Long as Concurrent Action at Law Is Not Barred, St. John's Law Review

CPLR 214(2): Three-Year Statute of Limitations Provision for Statutorily-Created Causes of Action Is Applicable to a Claim by an Estate Under the Dram Shop Act Rather Than the Two-Year Period for Wrongful Death Actions in EPTL § 5-4.1, Olympia Bizekis

CPLR 214(5): Cause of Action for Injuries Suffered Due to Defective Prosthetic or Contraceptive Device Accrues Upon the Date of the Injury-Producing Malfunction, Vincent W. Crowe

CPLR 214(5): Codling Modifies Mendel by Recognizing a Separate Cause of Action Based upon Strict Liability in Tort, St. John's Law Review

CPLR 214(5): Statute of Limitations Problems in Determining Whether Action for Strict Products Liability Sounds in Tort or Contract, St. John's Law Review

CPLR 214(5): Three-Year Statute of Limitations Applied to Action for Abuse of Process, St. John's Law Review

CPLR 214(6): Cause of Action for Professional Malpractice Held to Accrue No Later Than the Time of Termination of Parties' Professional Relationship, St. John's Law Review

CPLR 214(6): First Department Rejects Extension of Discovery Rule to Attorney Malpractice, St. John's Law Review

CPLR 214(6): Second Department Extends Flanagan Rule of Discovery in Foreign-Object Medical Malpractice Cases, St. John's Law Review

CPLR 214(6): Three-Year Statute of Limitations Governs Claim of Accountants' Malpractice Notwithstanding the Existence of an Underlying Oral Agreement Between the Parties, Edward Kelly

CPLR 214-a, 208: Appellate Division, Third Department, Holds That the Statute of Limitations on an Infant's Malpractice Suit for Prenatal Injuries Begins to Run from the Time of Malpractice Even If the Malpractice Occurs Before the Child Is Born, Jennifer M. Chow

CPLR 214-a: Appellate Division, Third Department Holds that a Surgical Suture Negligently Placed in a Patient's Body in the Course of an Operation is a "Foreign Object" so as to Toll the Statute of Limitations, Brian G. Friel

CPLR 214: Adoption of Tort Statute of Limitations and Time of Accrual for Strict Products Liability, St. John's Law Review

CPLR 214-a: Physician Who Fraudulently Concealed His Malpractice from Patient Held Estopped from Raising Statute of Limitations as a Defense, Alan Sorkowitz

CPLR 214: "Continuing Practice" Theory Applied in Attorney Malpractice Cases, St. John's Law Review

CPLR 214(g): Flanagan Rule Strictly Limited by Second Department, St. John's Law Review

CPLR 214: Tort Statute of Limitations Adopted for Strict Products Liability, St. John's Law Review

CPLR 217: Ambiguous "Final and Binding Determination" Resolved Against Administrative Body, St. John's Law Review

CPLR 217: Four-Month Limitation Period Governing Article 78 Proceeding to Review Results of Civil Service-Type Examination Held to Begin Running When Final Eligibility List Published, Marian A. Campbell

CPLR 217: Petitioner Must Commence Proceeding for Writ of Prohibition Within a Time "Reasonably Necessary to Protect His Rights", St. John's Law Review

CPLR 2201: Court Stays Actions Under Comity To Avoid Multiple Suits, St. John's Law Review

CPLR 2211: Court Requires Attorney to Pay $1500 as a Condition for Granting Order, St. John's Law Review

CPLR 2212(a): "Adjoining County" Theory Not Utilized by New York City Civil Court, St. John's Law Review

CPLR 2214(b): Failure To Serve Notice of Motion Within Statutory Time Held a Non-Jurisdictional Defect, St. John's Law Review

CPLR 2219(a): Case Illustrates the Futility of Seeking to Compel a Judge to Render a Decision, St. John's Law Review

CPLR 2302, 2307: Latter Section Operates Only in Conjunction with Former Section, St. John's Law Review

CPLR 2303: Payment of Required Fees to Subpoenaed Witness Must Be Made at a Reasonable Time Prior to the Return Date of the Subpoena, St. John's Law Review

CPLR 2303: Propriety of Substituted Service of Subpoena Confirmed, St. John's Law Review

CPLR 2303: Subpoena Cannot Be Validly Served Outside the State, St. John's Law Review

CPLR 2501: Party May Not Be His Own Surety, St. John's Law Review

CPLR 3001: Action for Declaratory Relief Is a Procedurally Proper Means of Obtaining Collateral Review of an Interlocutory Criminal Court Order, Catherine A. Brienza

CPLR 3002: Defense of Splitting Not Available to Defendant Who Knows of Subrogation of Portion of Property Damage Claim and Fails to Join Subrogee in Pending Action, St, John's Law Review

CPLR 3012(b): Retention of Belatedly Served Complaint Held To Be Waiver of Objection, St. John's Law Review

CPLR 3012(b): Retention of Untimely Complaint for 18 Days Held Not To Constitute a Waiver of Right To Move for Dismissal, St. John's Law Review

CPLR 3012: Court Dismisses Plaintiff's Action Because of False Affidavit, St. John's Law Review

CPLR 3013: Court Clarifies Elements of Cause of Action Versus Insurer for Bad Faith Refusal to Settle, St, John's Law Review

CPLR 3015(a): Where Plaintiff Alleges Performance of Contractual Conditions Precedent, Requirement that Defendant Deny Such Performance with Particularity Is Not Applicable, St. John's Law Review

CPLR 3015: Particularity as to Special Damages, St. John's Law Review

CPLR 3016(c): Specificity of Pleading Requirement Applied to Counterclaim in Divorce Action, St. John's Law Review

CPLR 3017(a): Fiduciary Relationship Necessary fo an Accounting, St. John's Law Review

CPLR 3017: Postverdict Motion to Amend Ad Damnum Clause Should Be Granted in the Absence of Prejudice to Defendant, Steven M. Rapp

CPLR 3018: Affirmative Defense of Illegality Is Not Waived If Plaintiff Is Not Surprised by Its Assertion at Trial, St. John's Law Review

CPLR 3018: Joint Tortfeasor May Offset Medical Insurance Payments Given to Plaintiff by Other Defendant's Insurer, St. John's Law Review

CPLR 301 and the Commerce Clause (Scanapico v. Richmond, Fredericksburg & Potomac R.R.), St. John's Law Review

CPLR 301: Application of the "Doing Business" Predicate to Acquire In Personam Jurisdiction Over Nonresident Individual, St. John's Law Review

CPLR 301: Foreign Corporation Held Not Present Within the State Under Either "Agency" or "Control" Predicates, St. John's Law Review

CPLR 301: Parent Corporation Found To Be Doing Business in New York on Agency Theory, St. John's Law Review

CPLR 301: Satisfaction of Requirements of Commerce Clause Necessarily Comports with Due Process, St. John's Law Review

CPLR 301: United States District Court for the Southern District of New York Holds that Bank Account May Be Sufficient to Satisfy "Doing Business" Test for a General Basis of Personal Jurisdiction, Walter Johnson

CPLR 3020: Action Dismissed on the Ground of Defective Verification, St. John's Law Review

CPLR 3020: Verification of Answer Permitted by Associate of Attorney of Record, St. John's Law Review

CPLR 3021: Mere Allegation of Improper Verification Does Not Mandate Rebuttal, St. John's Law Review

CPLR 3022 & 3026: Remedy for Defectively Verified Pleading Is To Treat It as a Nullity; Plaintiff State Not Prejudiced Where Prosecution for Perjury is Precluded, St. John's Law Review

CPLR 3024(b): Paragraph Inserted in Complaint in Anticipation of Statute of Limitations Defense Held Prejudicial, St. John's Law Review

CPLR 3025(a): Amendment of Counterclaim Permitted Within 20 Days After Last Responsive Pleading in Multiparty Litigation, James M. Ebetino

CPLR 3025(b)&(c): Cases Illustrate Disagreement Over Whether To Grant a Motion To Amend Ad Damnum Clause, St. John's Law Review

CPLR 3025(b): Leave To Amend Answer Denied Because Plaintiff Would Be Prejudiced Thereby, St. John's Law Review

CPLR 3025(b): Practice of Granting Leave To Amend Pleadings Without Inquiry into the Merits of the Cause of Action as Amended Ruled No Longer Tolerable, St. John's Law Review

CPLR 3025(b): Second Department Reverses Order Denying Leave To Amend Answer Where No Prejudice Was Shown, St. John's Law Review

CPLR 3025(c): Amendment of the Pleadings to Conform to the Evidence Adduced at Trial Precluded When Proposed Amendment Would Add New Theory of Liability Based on Previously Unpleaded Facts Resulting in Prejudice, Nancy L. Montmarquet

CPLR 3025(c): Infant Plaintiff Permitted to Amend Ad Damnum after Verdict, St. John's Law Review

CPLR 302(a)(1) & (3)(ii): Case Illustrates Transaction of Business and Limitation of Tort Subdivision, St. John's Law Review

CPLR 302(a)(1): Attorney Cannot Predicate Jurisdiction in Action Against Client on Attorney's Legal Services in State for Client, St. John's Law Review

CPLR 302(a)(1): "Bootstrap" Jurisdicition Not Permitted in Enforcement of Foreign Divorce Decrees, St. John's Law Review

CPLR 302(a)(1): Cases Illustrate Elusiveness of "Transacts Business" Criteria, St. John's Law Review

CPLR 302(a)(1), CCA § 404(a): Placement of Telephone Order for Goods with New York Domiciliary Not Deemed a Transaction of Business Here, St. John's Law Review

CPLR 302(a)(1): Entering State To Receive Medical Treatment Deemed a Transaction of Business, St. John's Law Review

CPLR 302(a)(1): Execution of Indemnity Agreement in New Jersey by Non-Domicilary Not a "Transaction of Business" in New York Even Though Performance by Subcontractor Was To Take Place in New York, St. John's Law Review

CPLR 302(a)(1): Further Construction of the Phrase "Transaction of Business", St. John's Law Review

CPLR 302(a)(1): Further Construction of the Words "In Person," Through an Agent," and "Transacts Business", St. John's Law Review

CPLR 302(a)(1): Further Examination of "Transaction of Business" Concept, St. John's Law Review

CPLR 302(a)(1): Husband's Implied Promise To Pay for Necessaries Is Not a Transaction of Business, St, John's Law Review

CPLR 302(a)(1): Jurisdiction Predicated on Combination of Elements Individually Insufficient to Support Jurisdiction, St. John's Law Review

CPLR 302(a)(1): Long Distance Telephone Calls into New York Are Not Acts Within the State, St, John's Law Review

CPLR 302(a)(1): Making Promissory Note Payable in New York Not Deemed a Transaction of Business Here, St. John's Law Review

CPLR 302(a)(1): Perfection of Security Agreement and Liquidation of Assets in New York Deemed a Transaction of Business, St. John's Law Review

CPLR 302(a)(1): Placement of Children with an Adoption Agency Deemed "Transaction of Business", St. John's Law Review

CPLR 302(a)(1): Preparation of Separation Agreement in New York Not Deemed a Transaction of Business Here, St. John's Law Review

CPLR 302(a)(1): Retention of New York Attorney Is "Transaction of Business" Within the State If Defendant Authorized Institution of New York Action, St. John's Law Review

CPLR 302(a)(1): Third Party's Video Tape Distribution in New York of Monologue Not a "Transaction of Business" by Performer, St. John's Law Review

CPLR 302(a)(1): Validity of "Agent-Independent Contractor" Distinction Questioned by Federal and State Courts, St. John's Law Review

CPLR 302(a)(2): Careful Distinction Between Contract and Tort Actions Espoused, St. John's Law Review

CPLR 302(a)(2): Expansion of Tortious Act Jurisdiction, St. John's Law Review

CPLR 302(a)(2): Personal Jurisdiction Secured Over Nondomiciliary Who Through an Agent Committed a Tort in New York, St. John's Law Review

CPLR 302(a)(3): Guidelines Established for Applicability of Subsection, St. John's Law Review

CPLR 302(a)(3): Held Non-Applicable If Original Injury Occurs Without the State, St. John's Law Review

CPLR 302(a)(3)(ii): 1 Percent of Gross Income Does Not Constitute "Substantial Revenue from Interstate Commerce", St. John's Law Review

CPLR 302 (a)(3)(ii): Appellate Division Vacillates in Construction of Foreseeability Requirement of Long-Arm Statute, St. John's Law Review

CPLR 302(a)(3)(ii): Case Illustrates Factors To Be Considered When Determining Whether a Defendant Has Derived "Substantial Revenue from Interstate or International Commerce", St. John's Law Review

CPLR 302(a)(3)(ii): Injunctive Relief Available Against Nondomiciliary to Prevent Threatened Economic Harm and Loss of Trade Secrets, Sharon M. Heim

CPLR 302(a)(3)(ii): National Manufacturer Automatically Satisfies General Forseeability Criterion, St. John's Law Review

CPLR 302(a)(3)(ii): Out-of-State Conversion Deemed Sufficient Predicate for Asserting In Personam Jurisdiction Over Nonresident Defendant, Ann Marie Burke

CPLR 302(a)(3)(i): Small Percentage of Defendant's Total Income May Constitute "Substantial Revenue" to Satisfy Minimum Contacts, Anne A. Dillon

CPLR 302(a)(3): Jurisdiction Obtained in Conversion Action, St. John's Law Review

CPLR 302(a)(4): Jurisdiction Predicated upon Ownership of Property Before Cause of Action Accrued, St. John's Law Review

CPLR 302(a): Fiduciary Shield Doctrine Prevents the Exercise of Long-Arm Jurisdiction Over Non-Resident Corporate Officier Acting in Corporate Capacity, Craig J. Henneberger

CPLR 302: Application of the Transacting Business Predicate to Acquire In Personam Jurisdiction Over Nonresident Individuals, St. John's Law Review

CPLR 302(a): Third Department Refuses To Extend Long-Arm Statute in Matrimonial Action, St. John's Law Review

CPLR 302(b): Appellate Division, Third Department Holds that It Is Inappropriate for the Judiciary to Provide a Time Limitation Beyond That Which the Legislature Has Included in the Statute, Elizabeth A. Cronin

CPLR 302(b): Court Retains Personal Jurisdiction Over Non-Resident Defendants in Matrimonial Actions, St. John's Law Review

CPLR § 302(b): Jurisdiction Over a Non-Resident in an Equitable Distribution Action Following a Foreign Divorce Will Be Controlled by the Matrimonial "Long-Arm" Statute, Francis J. Quinn

CPLR 302(b): Long-Arm Statute Unavailable in Action Seeking Determination of Paternity and Payment of Child Support Against Nonresident, Anthony Fischetti

CPLR 302(b): Matrimonial Domicile Basis of Jurisdiction Strictly Construed, St. John's Law Review

CPLR 302: Dual Jurisdictional Aspects of Matrimonial Action Upheld, St. John's Law Review

CPLR 302: Jurisdiction Not Obtained in Defamation Action Because Defamation Did Not Arise from Transaction of Business, St. John's Law Review

CPLR 302: Possible Extension in Matrimonial Actions, St. John's Law Review

CPLR 3031, 3033, 3034: Motion for Settlement of Terms Is Prerequisite to Motion for Judgment Under Simplified Procedure, St. John's Law Review

CPLR 303: Agent for Service of Process Relationship Exists Only as Long as the Action Is Pending, St. John's Law Review

CPLR 303: Commencement of Federal Action in New York Does Not Result in Designation of Attorney as Agent for Service of Process in State Court Actions, Audrey Rogers

CPLR 303: Counterclaim by Seider-Predicated Third-Party Dole Defendant Does Not Constitute Commencement of an Action, St. John's Law Review

CPLR 303: Court Declares Personal Delivery To Be the Only Acceptable Method of Service, St. John's Law Review

CPLR 303: Service of Summons upon Attorney, St. John's Law Review

CPLR 3041: A Demand in a Bill of Particulars for Identification of Witnesses Is Permissible Under Special Circumstances, St. John's Law Review

CPLR 3041: Bill of Particulars May Not Contain Reservation of Right To File Supplemental Bill, St. John's Law Review

CPLR 3042: Attorney Personally Fined for Ignoring a Demand for a Bill of Particulars, St. John's Law Review

CPLR 3042: Court Vacates Preclusion Order upon Condition That Delinquent Party Pay $100 Costs, St. John's Law Review

CPLR 305(b): Court Is Powerless To Enter Default Judgment Where Notice Served with Summons Fails To State Object of Action, St. John's Law Review

CPLR 305(b): Plaintiff's Service of Bare Summons Is Jurisdictional Defect, But Defect Is Waived by Defendant's Service of Notice of Appearance and Demand for Complaint, Carl J. Laurino Jr.

CPLR 305(b): Summons Accompanied by Neither Complaint nor 305(b) Notice Constitutes Jurisdictional Defect that Can Deprive Plaintiff of Extension under CPLR 205(a), Steven F. Siegel

CPLR 308(1): Court of Appeals Rules on Redelivery Problem, St. John's Law Review

CPLR 308(1): Service on Attorney in Defendant's Presence Deemed Valid, St. John's Law Review

CPLR 308(2): Construction of "Dwelling Place", St. John's Law Review

CPLR 308(2): Delivery of Summons and Complaint to Doorman in Apartment House Lobby Deemed Valid Service Upon Apartment Dweller in Certain Circumstances, St. John's Law Review

CPLR 308(4): Affixing Summons to Defendant's Former Residence Ineffective to Confer Jurisdiction Notwithstanding Plaintiff's Reasonable Mistake Nor Defendant's Receipt of Process, Bruce Pearl

CPLR 308(4): Both Timely Nailing and Mailing Required to Toll Statute of Limitations, St. John's Law Review

CPLR 308(4): Court of Appeals Establishes Guidelines for Substituted Service, St. John's Law Review

CPLR 308(4): Designee Faced with Procedural Dilemma, St. John's Law Review

CPLR 308(4): Four Attempts to Serve the Defendant Personally During Business Hours Does Not Constitute Due Diligence, Maureen A. Glass

CPLR 308(4): Insurer Who Disclaims Liability Is Without Standing To Object to Substituted Service, St. John's Law Review

CPLR 308(4): Substituted Service Permitted Upon Plaintiff's Own Insurer As "Real Party in Interest", St. John's Law Review

CPLR 308(5): Defendant's Attempt To Evade Service of Process by Deception Held Ineffective, St. John's Law Review

CPLR 308(5): Judicially Devised Service Held Permissable in Matrimonial Actions, St. John's Law Review

CPLR 308(5): Substituted Service Permitted in Divorce Action, St. John's Law Review

CPLR 309(a): Judicial Power to Appoint a Guardian Ad Litem, St. John's Law Review

CPLR 3101(a)(1): Perpetuation of a Party's Own Testimony by Deposition Permitted on Basis of Advanced Age, St. John's Law Review

CPLR 3101(a)(4): Court of Appeals Applies a Strcit Interpretation to "Special Circumstances" Requirement for Obtaining Disclosure from Nonparty Witness, St. John's Law Review

CPLR 3101(a)(4): Fourth Department Allows Disclosure Against Nonparty Witness Where It Will Aid Preparation for Trial, St. John's Law Review

CPLR 3101(a)(4): Pre-Subpoena Motion Required to Compel Disclosure by Nonparty Witness, Michael G. Glass

CPLR 3101(a)(4): Satisfaction of Section 17 of the Court of Claims Act Automatically Satisfies "Special Circumstances" Requirement, St. John's Law Review

CPLR 3101(a)(4): To Force Disclosure of Information Possessed by a Nonparty Witness, the Litigant Must Show that the Sought After Information is Unavailable Elsewhere, Edward G. Kehoe

CPLR 3101(a): Appellate Departments Adopt a Strict Approach to Discovery and Inspection of Insurance Policy Limits, St. John's Law Review

CPLR 3101(a): Court Denies Discovery of Police Records to Avoid Interference with an Ongoing Criminal Investigation, St. John's Law Review

CPLR 3101(a): Court of Appeals Interprets "Material and Necessary", St. John's Law Review

CPLR 3101(a): Court Refuses Motion To Take Deposition Despite Satisfaction of Distance Criterion, St. John's Law Review

CPLR 3101(a): Courts Continue To Differ as to Whether Plaintiff Is Entitled to Discovery and Inspection of Defendant's Automobile Liability Insurance Policy, St. John's Law Review

CPLR 3101(a): Courts Continue To Grant Liberal Disclosure of Witnesses' Names, St. John's Law Review

CPLR 3101(a): Courts Differ on Whether a Plaintiff Is Entitled to Discovery and Inspection of Defendant's Automobile Liability Insurance Policy, St. John's Law Review

CPLR 3101(a): Courts Uphold Right to Discovery of Notes Reviewed Prior to Examination Before Trial, and Right to a Bill of Particulars and Examination as to Damages After Summary Judgment on Liability, St. John's Law Review

CPLR 3101(a): Defendant May Be Compelled To Give Examples of His Handwriting at an EBT, St. John's Law Review

CPLR 3101(a): Income Tax Returns Deemed "Material and Necessary", St. John's Law Review

CPLR 3101: Court Recognizes That Public Policy Grounds for Restricting Disclosure in Matrimonial Actions Are No Longer Viable, St. John's Law Review

CPLR 3101(d)(2): Appellate Division, Third Department Holds that Surveillance Videotapes May Not Be Discovered Unless Party Seeking Discovery Has a "Substantial Need" and Cannot Obtain "Substantial Equivalent" without "Undue Hardship", Richard W. Viola

CPLR 3101(d): Conflict Between Departments Over Burden of Proof Relating to Material Prepared for Litigation, St. John's Law Review

CPLR 3101(d): Court May Demand Production of Records To Determine If They Are Subject to Disclosure, St. John's Law Review

CPLR 3101(d): Discovery Limited to Reports Received Prior to Rejection of Claim, St. John's Law Review

CPLR 3101: Defendant-Doctor May Be Compelled by Plaintiff to Give Expert Testimony During an Examination Before Trial, St. John's Law Review

CPLR 3101(d): Evidence Gathered by Insurer for Defense of Insured Is Not "Material Prepared for Litigation" in Separate Action Against the Insurer, St. John's Law Review

CPLR 3101(d): Identity of Witnesses Learned Subsequent to Happening of Occurrence Held To Be Material Prepared for Litigation, St. John's Law Review

CPLR 3101(d): Names of Eyewitnesses, Even If Obtained by Investigation, Are Discoverable If They Are Material and Necessary, St. John's Law Review

CPLR 3101(d): Second Department Adopts Liberal View with Regard to Disclosure of Witnesses' Names, St. John's Law Review

CPLR 3101(e): Insurer Will Not Be Permitted to Use Medical Payments Obligation as a Means of Clandestine Discovery, St. John's Law Review

CPLR 3101(f): Court Allows Discovery of Prior Claims Satisfied Out of Defendant Doctor's Malpractice Insurance Policy, St. John's Law Review

CPLR 3101: Liberalization of Disclosure in Matrimonial Actions, St. John's Law Review

CPLR 3101: Pre-Trial Disclosure on the Issue of Child Custody in a Matrimonial Action Denied, Audrey Rogers

CPLR 3101: Pretrial Examination Permitted in Matrimonial Action, St. John's Law Review

CPLR 3101: Restrictions on Pretrial Disclosure in Matrimonial Actions Deemed Obsolete, St. John's Law Review

CPLR 3102(d): Disclosure Will Not Be Permitted During Trial Where the Movant Had an Opportunity To Obtain the Information by Normal Pretrial Proceedings, St. John's Law Review

CPLR 3102(f): Disclosure Not Available When State Is Non-Party Witness, St. John's Law Review

CPLR 3104(a): Court Declines To Supervise Disclosure Proceeding, St. John's Law Review

CPLR 3106: Special Circumstances Not Necessary To Obtain Pre-Trial Examination Before Joinder of Issue, St. John's Law Review

CPLR 311(1): "Acting" Managing Agent Not Managing Agent for Purpose of Receiving Service on Behalf of Corporation, St. John's Law Review

CPLR 311(1): Jurisdiction Expanded, St. John's Law Review

CPLR 311(1): Secretary's Practice of Accepting Process Deemed Authorization by Appointment of Agent for Service Upon Corporation, Lois Peel Eisenstein

CPLR 311(1): Validity of Service of Process Upon Corporate Employee Updeld Based on Process Server's Reasonableness and Diligence, Eugene G. Reynolds

CPLR 3113(b): Court Allows Videotaping of Pretrial Examination, St. John's Law Review

CPLR 3117(a)(2): Use of a Party's Deposition by Adversely Interested Party Subject to Trial Court's Discretionary Power to Control Proceedings, Daniel D. Rubino

CPLR 3117(a)(3): Use of Party's Own Deposition Denied, St. John's Law Review

CPLR 3117(a)(3)(v): Provisions of the CPLR Used To Approximate Proceeding Under the Uniform Support of Dependents Law, St. John's Law Review

CPLR 311: Court Validates Improper Service Where Corporation Had Deceived Process Server, St. John's Law Review

CPLR 3120(a): Discovery of Defendant Hospital's Non-Medical Records Relating to Non-Party, St. John's Law Review

CPLR 3120(b): Court Disallows Non-Party's Disclosure Expenses Temporarily, St. John's Law Review

CPLR 3120: Discovery and Inspection Available Against the State as Nonparty Witness, St. John's Law Review

CPLR 3121: Doctor-Patient Privilege Is Waived If Party's Physical Condition Is in Controversy, St. John's Law Review

CPLR 3121: In a Child Custody Action, Production of a Potential Custodian's Hair Sample for Drug Testing Is Reasonable and Relevant, Kevin G. Fales

CPLR 3121: Limited by CPLR 3101(b), St. John's Law Review

CPLR 3121: Medical Report Not Based on Physical or Clinical Examination Is Not Subject to Disclosure, St. John's Law Review

CPLR 3121: Party May Not Retain Adversary's Expert, St. John's Law Review

CPLR 3121: Second Department Puts Bar on Notice That It Will Strictly Enforce Rule Governing Notice of Availability for Physical Examination, St. John's Law Review

CPLR 3121: Section Supersedes Appellate Division Rules, St. John's Law Review

CPLR 3123: Court Excuses Failure to Respond to Notice to Admit, St. John's Law Review

CPLR 3124: Statute Does Not Mandate Immediate Ruling on Dispute at Examination Before Trial, St. John's Law Review

CPLR 3126: Action Dismissed with Prejudice Where Preclusion Order Encompasses Entire Claim, St. John's Law Review

CPLR 3126: Penalty Imposed on Attorney for Failure to Disclose, St. John's Law Review

CPLR 3126: Substantial Attorney's Fees Imposed, St. John's Law Review

CPLR 3130: Interrogatories Prohibited in Wrongful Death Action Based on Breach of Warranty, St. John's Law Review

CPLR 3140: Court Orders Disclosure Although Appraisals Not Intended for Trial, St. John's Law Review

CPLR 3140: Documents Supporting Appraisal Report Held Not Subject to Disclosure, St. John's Law Review

CPLR 3140: Interdepartmental Conflict Develops, St. John's Law Review

CPLR 314(1): Absent Minimum Contacts, Jurisdiction Lacking Over Nonresident Second Wife of Deceased Husband in Action by Domiciliary First Wife to Adjudicate Validity of First Marriage, William J. Cople III

CPLR 315: Indigent Has Constitutional Right to Free Publication in Divorce Action, St. John's Law Review

CPLR 316(c): Failure to Publish Summons Within Twenty-Day Statutory Period Deemed a Jurisdicitonal Defect, St. John's Law Review

CPLR 316: Mailing Requirement Interpreted, St. John's Law Review

CPLR 316: Notice Effected by Advertisements and Handbills in Condemnation Proceedings Deemed Adequate in View of the Circumstances, St. John's Law Review

CPLR 320(b): Conduct Inconsistent with a Desire To Raise Jurisdictional Objection Deemed an Appearance, St. John's Law Review

CPLR 320: The Appearing Nonresident--Everitt Revisited, St. John's Law Review

CPLR § 320: Unauthorized Appearance by an Attorney Does Not Confer Personal Jurisdiction upon a Defendant, Sheila Corvino

CPLR 3211: Admission that Contract Existed Does Not Defeat Defendant's Motion to Dismiss Based on Statute of Frauds Defense, Colleen M. McIntosh

CPLR 3211(c): Amendment Allows the Court to Treat a Motion Under 3211(a) or (b) As One for Summary Judgment Before Joinder of Issue, St. John's Law Review

CPLR 3211(c): Conflict Over Propriety of Pre-Joinder Motion for Summary Judgment, St. John's Law Review

CPLR 3211: Court of Appeals Limits Use of Affidavits Where Motion to Dismiss Is Not Converted Into Motion for Summary Judgment, St. John's Law Review

CPLR 3211: Court of Appeals Modifies Showing Necessary to Gain Dismissal for Failure to State a Cause of Action, William T. Miller

CPLR 3211(c): Second Department Disapproves of Court's Sua Sponte Treatment of Motion to Dismiss as One for Summary Judgment, St. John's Law Review

CPLR 3211(d): Court of Appeals Adopts Liberal Approach in Allowing Discovery To Oppose a Motion To Dismiss for Lack of Personal Jurisdiction, St. John's Law Review

CPLR 3211: Defendant's Assertion of Cross-Claim Against Codefendant Constitutes a Waiver of His Jurisdictional Objection to that Codefendant's Subsequent Cross-Claim, Susan D. Koester

CPLR 3211(e): When the Defendant Moves to Dismiss the Complaint Without Including a Personal Jurisdiction Objection under CPLR 3211(a), and the Plaintiff Amends the Complaint, the Defendant May Not Include that Objection in an Answer to the Amended Complaint; the Objection is Waived, Leanne Sinclair Jacobs

CPLR 3212: Court of Appeals Allows Consideration of Evidence Excludable Under the Dead Man's Statute To Defeat Motion for Summary Judgment, St. John's Law Review

CPLR 3212(c): Rule Now Authorizes Immediate Trial on Motion for Summary Judgment Where the Motion Is Based on Any of the Grounds Enumerated in CPLR 3211(a), St. John's Law Review

CPLR 3212: Defendant Held Not Entitled to Summary Judgment in Negligence Action When Plaintiff Has Been Precluded from Establishing a Prima Facie Case, St. John's Law Review

CPLR 3212: Dobkin "Real Party in Interest Doctrine" Not Extended to Motion for Summary Judgment, St. John's Law Review

CPLR 3212(e): Entry of Partial Summary Judgment Proper Despite Outstanding Counterclaims in Excess of Demands in Complaint, St. John's Law Review

CPLR 3212(e): No Summary Judgment When Counterclaim Inseparable from Main Claim Exceeds Main Claim, St. John's Law Review

CPLR 3212(e): Partial Summary Judgment Denied in Personal Injury Action, St. John's Law Review

CPLR 3212: Summary Judgment Granted Despite Plaintiff's Failure To Allege Freedom from Contributory Negligence, St. John's Law Review

CPLR 3212: Unconditional Summary Judgment May Not Be Granted Against Unpleaded Cause of Action Asserted in Plaintiff's Submissions in Response to Motion, Frances Ferrito Regan

CPLR 3213: Appellate Division Requires Pleadings in Appeal of Action Based upon an Instrument for the Payment of Money, St. John's Law Review

CPLR 3213: Bank and Mortgage Instrument Deemed Not To Constitute an Instrument for the Payment of Money Only, St. John's Law Review

CPLR 3213: Court Suggests That Error in Computation of Motion Date Can Be Remedied Through Exercise of Its Discretion, St. John's Law Review

CPLR 3213: Court Will Not Enter Default Judgment Where Instrument Is Not for Money Only and Plaintiff Gives Short Notice, St. John's Law Review

CPLR 3213: Judgment Obtained Against Insured Cannot Serve as the Basis for a 3213 Motion Against the Insurer, St. John's Law Review

CPLR 3213: Procedure Held Available in Suit on Separation Agreement, St, John's Law Review

CPLR 3213: Section Encompasses Notes Payable "With Interest at Bank Rates", St. John's Law Review

CPLR 3213: Separation Agreement Held Not To Be an Instrument for the Payment of Money Only, St. John's Law Review

CPLR 3213: Support Clause in Separation Agreement Considered an Instrument for the Payment of Money, St. John's Law Review

CPLR 3213: Surety's Labor and Material Bond Deemed Not To Constitute an Instrument for the Payment of Money Only, St. John's Law Review

CPLR 3213: Where Neither Party Objects, and the Court Has Jurisdiction, Any Procedural Device May Be Used in the Course of a Trial To Effectuate Justice, St. John's Law Review

CPLR 3213: Words "Instrument for the Payment of Money" Liberally Construed, St, John's Law Review

CPLR 3213: Written and Undenied Account Stated Deemed To Constitute an Instrument for the Payment of Money Only, St. John's Law Review

CPLR 3215(a): Court Sua Sponte Dismisses Complaint for Improper Service in Response to Plaintiff's Motion for Default Judgment, St. John's Law Review

CPLR 3215: A Defendant in Default Is Entitled to an Assessment of Damages on the Question of Reasonable Cover, Michael Jacobellis

CPLR 3215(c): Default Not Equivalent to Admission of Allegations of Complaint, St. John's Law Review

CPLR 3215(e): Predemand Complaint Viewed As Sufficient to Satisfy Requirements for Entry of Default Judgment, St. John's Law Review

CPLR 3215(h): Judgment May Be Entered Pursuant to Stipulation of Settlement Without Notice to Adversary, St. John's Law Review

CPLR 3216: Action Against Attorney for Malpractice After Dismissal for Failure To Prosecute, St. John's Law Review

CPLR 3216: Case Illustrates that Rule Will Be Enforced, St. John's Law Review

CPLR 3216: Claim that Failure To Timely File Note of Issue Was Result of Attorney's Poor Health, Without Medical Evidence, Will Not Prevent Dismissal for Want of Prosecution, St. John's Law Review

CPLR 3216: Cohn v. Borchard Affiliations Reversed by Court of Appeals, St. John's Law Review

CPLR 3216: Court Disavows Cohn Holding and Finds Rule Constitutional, St. John's Law Review

CPLR 3216: Court Holds Dismissal "On the Merits" Will Not Preclude Interposing Same Fact in Counterclaim or Affirmative Defense, Because Case Deemed, Sui Generis, St. John's Law Review

CPLR 3216: Departments Divided on Rule's Constitutionality, St. John's Law Review

CPLR 3216: Fourth Department Applies Amendment Retroactively, St. John's Law Review

CPLR 3216: Held Unconstitutional by First Department, St. John's Law Review

CPLR 3216: Second Department Continues Retroactive Application of Amendment, St. John's Law Review

CPLR 3216: Service of Forty-Five Day Demand by Ordinary Mail Permitted Where No Prejudice Is Shown, St. John's Law Review

CPLR 3216: Third Department Does Not Give Amendment Retroactive Effect, St. John's Law Review

CPLR 3218(d): Execution of Confession of Judgment by an Agent Held To Be Binding Against Personal Assets of Indebted Partners, St. John's Law Review

CPLR 321: Insurance Counsel Not Permitted To Effectuate a Disclaimer by Withdrawal, St. John's Law Review

CPLR 321: Remedy of Recission Available to Party Who Violates Statute by Negotiating Settlement Pro Se Without Effectively Discharging an Attorney of Record, Joseph S. Nicotra

CPLR 3221: Judgment by Consent in Property Damage Action May Be Alleged in Later Personal Injury Action, St. John's Law Review

CPLR 325(d): Damages Sought Limited by Monetary Jurisdiction in Lower Court After Transfer by Supreme Court Without Plaintiff's Consent, St. John's Law Review

CPLR 325(d): Damages Sought Not Limited by Monetary Jurisdiction in Lower Court After Transfer by Supreme Court Without Plaintiff's Consent, St. John's Law Review

CPLR 327(b): Forum Non Conveniens Relief May No Longer Be Granted by a Court If, Pursuant to Certain Contracts, the Parties Have Agreed on New York as Their Choice of Forum in Accordance with Section 5-1402 of the GOL, Michael J. Virgadamo

CPLR 327: Court of Appeals Dismisses on the Ground of Forum Non Conveniens Suit Arising from an Accident Occurring in New York, St. John's Law Review

CPLR 327: Denial of Permission To Arbitrate on the Ground of Forum Non Conveniens, St. John's Law Review

CPLR 327: Doctrine of Forum Non Conveniens Held Inapplicable Although the Plaintiff's Only Apparent Connection with New York Was His Residence, St. John's Law Review

CPLR 327: Enforceability of the Judgment Deemed a Factor in Application of the Doctrine of Forum Non Conveniens, St. John's Law Review

CPLR 327: Entertainment of Actions Involving Foreign Corporations' Internal Affairs Determined by Forum Non Conveniens Doctrine, Joseph J. Pash Jr.

CPLR 327: Forum Non Conveniens Invoked Sua Sponte by a Court of Limited Jurisdiction, Joseph G. Braunreuther

CPLR 327: Recent Developments in the Area of Forum Non Conveniens, St. John's Law Review

CPLR 328: New Rule Allows New York Courts to Assist in Serving Out-of-State Judicial Documents, St. John's Law Review

CPLR 3402: Second Department Conditions Restoration to Calendar on Payment of Money by Plaintiff's Attorney to Defendant, St. John's Law Review

CPLR 3403(a)(4): Right to a General Preference Held Prerequisite to Right to a Special Preference, St. John's Law Review

CPLR 3403: Court Adds New Criterion for Determining Whether a Special Trial Preference Should Be Granted, St. John's Law Review

CPLR 3403: Defendant's Offer of Financial Assistance Used To Block "Destitution" Preference, St. John's Law Review

CPLR 3403: "Seider" Plaintiff Denied "Attachment" Preference, St. John's Law Review

CPLR 3403: Special Preference Denied Seider-Based Plaintiff, St. John's Law Review

CPLR 3403: Tort Action Lacking Proper Venue Denied General Preference, St. John's Law Review

CPLR 3404: Fourth Department Vacates a Dismissal for Abandonment Upon Condition that Neglectful Attorney Pay $1,000 in Costs, St. John's Law Review

CPLR 3406(a): Court of Appeals Finds Dismissal Is Improper Sanction for Failure to File a Timely Notice of Medical Malpractice, Michael S. Re

CPLR 4011: Interposition of Interlocutory Judgment Is Discretionary with the Court, St. John's Law Review

CPLR 4011: Prejudicial Separation of Issues of Liability and of Damages Requires Retrial, St. John's Law Review

CPLR 402: All Papers Available on Return Date May Be Considered in Judging Sufficiency of Petition, St, John's Law Review

CPLR 403: Service or Order To Show Cause in Specified Manner Does Not Create Jurisdictional Predicate, St. John's Law Review

CPLR 407: Personal Injury Counterclaim Denied in Summary Proceeding Where "Inordinate Delay" Would Result, St. John's Law Review

CPLR 4101: Defendant Entitled to Jury Trial in Derivative Action Where Money Damages Are Sought, St. John's Law Review

CPLR 4102(a): Party Requesting Nonjury Trial May Not Later Object to Withdrawal of Another Party's Demand for Jury Trial, St. John's Law Review

CPLR 4102(a): Withdrawal of Jury Demand Permissable Without Opposition's Consent in Absence of Reliance, St. John's Law Review

CPLR 4102(c): Failure To Oppose Consolidation Motion Held To Constitute a Waiver of Trial by a Jury, St, John's Law Review

CPLR 4102: Conduct of Parties Held To Constitute a Waiver of the Right to a Jury Trial, St. John's Law Review

CPLR 4102: Validity of Jury Waiver Clause in Lease Upheld in Action Sounding in Contract, St. John's Law Review

CPLR 4103: Untimely Demand Results in Waiver, St. John's Law Review

CPLR 4104: The Six-Person Jury, St. John's Law Review

CPLR 410: Court Suggests Procedure for Personal Injury Plaintiff with Insurer's Disclaimer, St. John's Law Review

CPLR 4110-b: New York Adopts Federal Pre-Charge Conference Procedure, St. John's Law Review

CPLR 4110: Two-Year Delay in Challenging Impartiality of Jurors, While Awaiting Review of Favorable Verdict, Will Preclude Assertion of Such Claim, St. John's Law Review

CPLR 4111(c): Case Arising Under CPA Illustrates Utility of CPLR Provision, St. John's Law Review

CPLR 4111: Compromise Verdict Requires New Trial on All Issues, St. John's Law Review

CPLR 4111: Jury May Impeach Its Own Verdict in Respect to Misconduct Outside Jury Room, St. John's Law Review

CPLR 4111: Retrial Necessary in Cases Involving Multiple Theories of Liability When General Verdict Is Used and One or More Theories Are Unsupported by Evidence, Gerard A. Hefner

CPLR 4111: Special Verdict Answers Do Not Require Concurrence by the Same Five Jurors, Michael J. McVicker

CPLR 4111: Use of Interrogatories Is Advised, St. John's Law Review

CPLR 4112: Proper Time To Request Jury Poll in a Two-Stage Trial Held To Be at Conclusion of Second Stage, St. John's Law Review

CPLR 4213(b): Decision of Trial Court Must State the Essential Facts, St. John's Law Review

CPLR 4317(b): Equtiable Distribution of Marital Assets Is Not a Proper Subject for a Compulsory Reference, Robert Joseph Rando

CPLR 4401: Dismissal of Cross-Claim for Contribution Unwarranted Despite Cross-Claimant's Opening Statement Exculpating Codefendants, Donald Chase

CPLR 4402: Mistrial Motion Must Be Made Before Verdict, St. John's Law Review

CPLR 4502(b): Spousal Privilege Does Not Extend to Conversations Which Advance Joint Criminal Activity, St. John's Law Review

CPLR 4502(b): Spousal Privilege Waived by Commencement of Wrongful Death Action, Patricia C. Tuohy

CPLR 4503(a): Identity of Third Party Who Retains Attorney for Criminal Defendant Not Protected by Attorney-Client Privilege, Peter C. Roth

CPLR 4503(a): Notwithstanding Claim of Attorney-Client Privilege, Attorney May Be Compelled Under Exigent Circumstances to Reveal Client's Address in Collateral Proceeding to Enforce a Judgment, Annette L. Guarino

CPLR 4504(a): A Plaintiff in a Personal Injury Action Cannot Effect a Waiver of the Defendant's Physician-Patient Privilege by Placing the Defendant's Physical Condition "In Controversy", Anthony N. Magistrale

CPLR 4510: New York Legislature Adopts Statute Permitting Non-Disclosure of Confidential Communications Between Certified Rape Crisis Counselors and Rape Victims, Adriana Yaryura

CPLR 4513: Sandoval Held Inapplicable to Civil Actions, St. John's Law Review

CPLR 4519: Dead Man's Statute Held Not to Bar Testimony of Potential Distributee Concerning Pedigree Declarations Made by Intestate, St. John's Law Review

CPLR 4519: Dead Man's Statute Not Applicable When an Interested Claimant Enters Decedent's Deposition Into Evidence, St. John's Law Review

CPLR 4544: Provision of Residential Lease Inadmissable for Failing to Comply with Statutory Size Specifications Notwithstanding Its Legibility, Ernest R. Stolzer

CPLR 5001(a): Interest from Time of Accident Denied in Breach of Warranty Action for Personal Injuries, St. John's Law Review

CPLR 5002: Interest Allowed from Date of Arbitration Award, St. John's Law Review

CPLR 5003: Interest on a Judgment Is Not a Basis for a Separate Action, St. John's Law Review

CPLR 5003: Second Department Requires the Party Who Delayed Final Judgment To Suffer the Monetary Consequences, St. John's Law Review

CPLR 5004: Amendment of the Legal Rate of Interest Applied Prospectively, St. John's Law Review

CPLR 5004: Conflict Over Legal Rate of Interest, St. John's Law Review

CPLR 5004: Conflict Over Legal Rate of Interest Continues, St. John's Law Review

CPLR 5004: Interest on Judgments Fixed at 6%, St. John's Law Review

CPLR 5014(1): Action to Revive Lien on Realty Dismissed as Premature, St. John's Law Review

CPLR 5015(a)(1): Busy Schedule Does Not Constitute Ground for "Excusable Default", St. John's Law Review

CPLR 5015(a): Court May Vacate a Judgment It Has Rendered, St. John's Law Review

CPLR 5015(a): On Motion, Trial Court Uses Inherent Discretionary Power To Vacate Its Own Final Judgment in Light of Posttrial Death of Plaintiff, St. John's Law Review

CPLR 5015(b): Amendment To Allow Vacatur by Mere Stipulation, St. John's Law Review

CPLR 5015: Court Has Inherent Discretionary Power To Relieve Party from Judgment After Lapse of Statutory Period, St. John's Law Review

CPLR 5015: Default Judgments Vacated Sua Sponte, St. John's Law Review

CPLR 503(f): New Venue Requirements in "Consumer Credit Transactions", St. John's Law Review

CPLR 5046: New York Court of Claims Rules that a Woman with AIDS Who Believes Her Concern Over Receiving a Structured Judgment is Accelerating Her Disease does not Meet the Requirements for Acceleration of Her Judgment into a Lump Sum, Leah P. Sanzari

CPLR 506(b)(2): Express Venue Provision for Comptroller Held Controlling in Action with Multiple Defendants, St. John's Law Review

CPLR 511(b): The County Specified as Proper by Defendant Must in Fact Be Proper, St. John's Law Review

CPLR 5201(b): A Debt Secured by an Artisan's Lien Is Property Subject to Enforcement, But Lien Itself Is Not, St. John's Law Review

CPLR 5201: Bonuses Earned Will Be Prorated for Purposes of Determining Amount Available for Satisfaction of Judgment, St. John's Law Review

CPLR 5201: Constitutionality of Seider v. Roth Reluctantly Upheld by Divided Federal Court, St. John's Law Review

CPLR 5201: Court of Appeals Holds Seider v. Roth Constitutional, St. John's Law Review

CPLR 5201: Future Rents Not Subject to Attachment, St. John's Law Review

CPLR 5201: Future Rents Not Subject to Attachment, St. John's Law Review

CPLR 5201: Reservation Clause in Liability Policy Causes New Seider Problems, St. John's Law Review

CPLR 5201: Second Circuit Upholds Constitutionality of "Seider" Attachment, St, John's Law Review

CPLR 5201: Seider Action Dismissed in Federal Court Because Absence of "Genuine" New York Plaintiff Eliminated a "Debt" Present in New York, St. John's Law Review

CPLR 5201: "Seider" Action Dismissed on Forum Non Conveniens Grounds, St. John's Law Review

CPLR 5201: Seider Jurisdiction Asserted in Case Involving Both Resident and Nonresident Plaintiffs, St. John's Law Review

CPLR 5201: Sheriff May Recover Poundage Fees Upon Vacatur of "Seider" Attachment, St, John's Law Review

CPLR 5203: Prior Unrecorded Mortgage Has Priority Over Docketed Judgment, St. John's Law Review

CPLR 5208: Sheriff Is Permitted To Sell Real Property after Judgment Debtor's Death Provided that Execution Was Issued before Death, St. John's Law Review

CPLR 5222, 5230, 5232: Public Officials Held Liable for Acting in Conformity with a Statute Subsequently Declared to Be Unconstitutional, Vincent J. Coyle Jr.

CPLR 5222(b): Judgment Creditor Obtaining a Restraining Order Held Subordinate to Later Assignee for Benefit of Creditors, St. John's Law Review

CPLR 5222(b): Service of Restraining Order Gives Judgment Creditor Rights Superior to General Creditors Who Subsequently Take Assignment Without Consideration, St. John's Law Review

CPLR 5222: Given Lien Value, St. John's Law Review

CPLR 5222: Liability of the Judgment Creditor Is Not Absolute, St. John's Law Review

CPLR 5222: Restraining Notice Is Not Cancelled by Ex Parte Stay of Execution, St. John's Law Review

CPLR 5222: Section Does Not Mandate the Red-Carpet Treatment of Judgment Creditors, St. John's Law Review

CPLR 5223: Discovery of Joint Tax Returns of Judgment Debtor Who Was Outside Court's Jurisdiction Permitted, St. John's Law Review

CPLR 5226: Installment Payment Order Available Despite Existence of Prior Outstanding Income Executions, St, John's Law Review

CPLR 5226: Public Welfare Recipient Not Exempt from Installment Payment Order, St. John's Law Review

CPLR 5227: Judgment Debtor Entitled to Jury Trial in Special Proceeding Brought by Judgment Creditor, St. John's Law Review

CPLR 5228(a): Section Utilized To Permit Indirect Action by Injured Party Against Insurance Company, St. John's Law Review

CPLR 5231(b): Income Execution Available Against Non-Resident Judgment Debtor, St. John's Law Review

CPLR 5231(b): Income Execution Based on Gross Income, St. John's Law Review

CPLR 5231(d): Service Upon Judgment Debtor as Agent of Corporation Held Ineffective, St. John's Law Review

CPLR 5231: Employer Estopped by Failure to Promptly Object to Improperly Served Income Execution, St. John's Law Review

CPLR 5231(h): Section Does Not Apply to Two Different Employers, St. John's Law Review

CPLR 5232(a): Service of Execution Terminates Statutory Right of Setoff, St. John's Law Review

CPLR 5234: Stipulation Between Parties Incorporated in Court Order Is Held To Establish Priority of Creditor, St. John's Law Review

CPLR 5235: Court Scrutinizes Judicial Sale, St, John's Law Review

CPLR 5236: Purchase of Judgment by Professional Collector for Purposes of Execution on Real Property Held Permissible, St. John's Law Review

CPLR 5240: Court Gives Judgment Debtor Credit Equal to the Difference Between the Fair Market Value and the Sale Price of Real Property Purchased by the Judgment Creditor at an Execution Sale, St. John's Law Review

CPLR 5240: Court Indicates that Relief from a Completed Sale of Real Property Will Be Difficult to Obtain, St. John's Law Review

CPLR 5240: Court Protects "Interested" Third Party from Execution Sale, St. John's Law Review

CPLR 5240: Protecting the Abused Judgment Debtor, St. John's Law Review

CPLR 5240: Protecting the Abused Judgment Debtor, St. John's Law Review

CPLR 5240: Protecting the Judgment Debtor from Abuses of Execution and Forced Sales, St. John's Law Review

CPLR 5304(b)(6): Case Illustrates Danger of Ignoring Foreign Arbitration, St. John's Law Review

CPLR 5401: Fourth Department Refutes Competence of Foreign Decree to Directly Affect New York Realty, Frederick J. Dorchak

CPLR 5513(a): Time to Appeal Begins to Run When Service of Judgment with Notice of Entry Is Made, St. John's Law Review

CPLR 5514(a): Time Extension Unnecessary When Appeal Is Transferred Pursuant to New York State Constitution, St. John's Law Review

CPLR 5519(a)(1): Stay Protects the State from Punishment for Contempt, St. John's Law Review

CPLR 5522: Appellate Division Lacks Discretion to Grant Relief to a Defendant Failing to Take Timely Appeal, Absent a United and Inseverable Interest with a Successful Appellant, James Schwartzman

CPLR 5522: Intervening Decision of United States Supreme Court Will Not Upset a "Final" Decision, St. John's Law Review

CPLR 5528(a)(5): Bar Advised To Reproduce Testimony in Logical Sequence When Utilizing the Appendix Method, St. John's Law Review

CPLR 5528: Court Warns that Abuse of Appendix System Cannot Be Tolerated, St. John's Law Review

CPLR 5601(a): Dismissal of Affirmative Defense Is a "Final Order" and Appealable as Such, St. John's Law Review

CPLR 5601(d): Dual Review Not Permitted, St. John's Law Review

CPLR 5602: Warning by Court of Appeals With Regard to Observance of Court Rules, St. John's Law Review

CPLR 5701: Issue of Liability Appealable Prior to Assessment of Damages, St. John's Law Review

CPLR 5704(a): Review of Ex Parte Orders by Appellate Division, St. John's Law Review

CPLR 602: Court Permits Consolidation of Tripartite Arbitrations, St. John's Law Review

CPLR 602: Court Reestablishes Prerequisites to Consolidation, St. John's Law Review

CPLR 602: Degree of Responsibility Attributable to Each Defendant for Similar Injuries Suffered by a Plaintiff in Separate Automobile Accidents Held To Justify Joint Trial, St. John's Law Review

CPLR 602: First Department Clarifies Distinction Between Joint Trial and Consolidation, St. John's Law Review

CPLR 602: Joint Trial Denied Where Disclosure of Insurance Coverage in Action for Declaratory Judgment Would Prejudice Defendant in Negligence Action, St. John's Law Review

CPLR 602: Place Where Motion for Joint Trial or Consolidation Is Made, St. John's Law Review

CPLR 602: Second Department Allows Consolidation of Action with Special Proceeding, St. John's Law Review

CPLR 602: Second Department Recommends Trial Preference When Summary Proceeding Consolidated with Action, St. John's Law Review

CPLR 603: Law of the Case Limits the Power to Sever Claims, St. John's Law Review

CPLR 6201: Federal Court Declares New York's Attachment Staute Unconstitutional, St. John's Law Review

CPLR 6202: Retaliatory Adoption of Seider v. Roth by New Hampshire, St. John's Law Review

CPLR 6214(a): Designation of Agent for Service of Process Made Pursuant to Section 59 of Insurance Law Held Insufficient for Service of Attachment Levy, St. John's Law Review

CPLR 6214(d): Special Proceeding May Be Commenced Against Defendant As Well As Garnishee To Compel Payment to Sheriff, St. John's Law Review

CPLR 6214(e): Time Extension After Expiration of Ninety-Day Period Granted Subject to the Rights of Intervening Lienors, St. John's Law Review

CPLR 6214: Property Seized by Sheriff Pursuant to Ineffective Levy May Be Retained Under Valid Order of Attachment Without Loss of Priority, St. John's Law Review

CPLR 6220: Disclosure Order Obtained Where the Assets of a Defendant Held by a Factoring Agent Were Attached, St. John's Law Review

CPLR 6301: Full Faith and Credit Given Without Regard to Finality, St. John's Law Review

CPLR 6312: Preliminary Injunction May Be Granted Despite Lack of a Pleading, St. John's Law Review

CPLR 6501: Notice of Pendency Improper in Action Involving Contract for the Sale of Stock Representing the Beneficial Ownership of Real Property, Dennis W. Russo

CPLR 6501: Second Filing of Notice of Pendency Authorized To Permit Action To Foreclose Real Property Mortgage, St. John's Law Review

CPLR 6511(b): Absolute Conformity with Statutory Content Provisions Not Required, St. John's Law Review

CPLR 6513: Section Is Self-Executing; Court May Not Deny CPLR 6514 Motion To Cancel If Notice of Pendency Is More Than Three Years Old, St. John's Law Review

CPLR 6514: Plaintiff May Not File a Second Notice of Pendency Where a Prior Notice Was Cancelled for Failure to Serve a Timely Summons, St. John's Law Review

CPLR 6515: Court Utilizes Discretionary Power in Cancellation of Notice of Pendency upon Substitution of Surety Bond for Property, St. John's Law Review

CPLR 7101: Jus Tertii Relevant on Question of Relative Possessory Interests of Parties to Action, St. John's Law Review

CPLR 7102: Contract Provision Giving Creditor the Right To Seize "Specialized Property" Deemed Unconscionable, St. John's Law Review

CPLR 7102: Contractual Waiver of the Right to Notice and a Hearing Deemed Ineffective for the Ex Parte Seizure of Certain Types of Property, St. John's Law Review

CPLR 7102: Court Upholds Constitutionality of Replevin Provision, St. John's Law Review

CPLR 7102: Court Vacates Replevin Since Summons and Complaint Was Not Promptly Served upon Defendant in Possession, St. John's Law Review

CPLR 7102: Due Process Protects All Types of Property, St. John's Law Review

CPLR 7102: Due Process Reconsidered, St. John's Law Review

CPLR 7102: Equipment Utilized in Business Deemed "Specialized Property", St. John's Law Review

CPLR 7102: Replevin Held Available to Third Party to Contravene Effect of Strike, St. John's Law Review

CPLR 7102: Replevin Statute Upheld Against Constitutional Attack, St. John's Law Review

CPLR 7501: Arbitration Clauses Construed, St. John's Law Review

CPLR 7501: Arbitration Stayed Without Prejudice Where Notice of Intention To Arbitrate Did Not Specify the Nature of the Controversy, St. John's Law Review

CPLR 7501: Article 75 Held Applicable to Advisory Arbitration, St. John's Law Review

CPLR 7501: Availability of Provisional Remedies in Case Where a Court Compels Arbitration, St. John's Law Review

CPLR 7501: Broad Arbitration Clause Compels Submission of Question of Recovery of Consequential Damages to Arbitrator Notwithstanding Damage Limitation Clause, St. John's Law Review

CPLR 7501: Commercial Arbitration Held To Be Improper Medium for Determining Violations of State Antitrust Laws, St. John's Law Review

CPLR 7501: Consolidations of Arbitrations Permissable Unless Prejudice Would Thereby Result, St. John's Law Review

CPLR 7501: Court May Order Consolidation of Arbitrations, St, John's Law Review

CPLR 7501: Court of Appeals Adopts Separability Approach Where a Broad Arbitration Clause Is Present, St. John's Law Review

CPLR 7501: Court Refuses To Enforce Inadequate Arbitration Agreement in Child Custody Dispute, St. John's Law Review

CPLR 7501: Right to Jury Trial on Issue of Existence of Arbitration Agreement, St. John's Law Review

CPLR 7501: Separability of the Arbitration Provision--Time to Reconcile New York and Federal Approaches, St. John's Law Review

CPLR 7502; 7503: First Application to Court Arising Out of Arbitrable Controversy Must Be Served in Accordance with CPLR 7503, St. John's Law Review

CPLR 7502(b): Contract Statute of Limitations Applied to Demand for Arbitration, St. John's Law Review

CPLR 7502(b): Court Refers "Threshold Question" to Arbitration, St. John's Law Review

CPLR 7502(b): Court Refers Time-Limitations Objection to Arbitration, St. John's Law Review

CPLR 7502(b): Federal Arbitration in the State Courts--Prima Paint, Erie & Rederi, St. John's Law Review

CPLR 7502(b): Referral of "Threshold" Question to Arbitrator Ruled Improper, St. John's Law Review

CPLR 7502: Federal Arbitration Act Is Controlling in Petition for a Stay of Arbitration in Maritime Actions, St. John's Law Review

CPLR 7503(a): Error to Condition Order Granting Motion To Compel Arbitration upon Movant's Prompt Commencement of Arbitral Proceedings, St. John's Law Review

CPLR 7503(a): Mere Conclusory Allegations in Support of a Stay of Arbitration Proceedings Under MVAIC Statute Deemed Insufficient, St. John's Law Review

CPLR 7503(a): Party Can Stay Action Without Initiating Arbitration, St. John's Law Review

CPLR 7503(a): Service of an Application To Compel Arbitration upon an Attorney by Mail Is Proper if an Action Is Already Pending, St. John's Law Review

CPLR 7503(a): Statute Applied in Conjunction with Waiver Doctrine Precludes All Remedies in Arbitrable Controversy, St. John's Law Review

CPLR 7503(a): Venue Limited to Court Where Action Is Pending in Application to Stay Arbitration, St. John's Law Review

CPLR 7503(b): Clearly Implied Condition Precedent to Arbitration Insufficient to Invoke Threshold Judicial Resolution, Sharon M. Heim

CPLR 7503(c): Application To Stay Arbitration Must Be Received within Ten Days, St. John's Law Review

CPLR 7503(c): Conflict as to Service Resolved in Second Department, St. John's Law Review

CPLR 7503(c): Court of Appeals Sanctions Service--Not Receipt--As Sufficient To Satisfy Statute of Limitations, First Department decries "Trick" Service of Notice of Intention To Arbitrate, St. John's Law Review

CPLR 7503(c): Failure to Apply for Stay Within Ten-Day Period Held To Concede Not Only Arbitrability But Also Adversary's Choice of Arbitrator, St. John's Law Review

CPLR 7503(c): Fourth Department Upholds Effectiveness of Service upon a Party's Attorney for a Stay of Arbitration, St. John's Law Review

CPLR 7503(c): Legislature Lengthens the Period Within Which a Party May Apply for a Stay of Arbitration, St. John's Law Review

CPLR 7503(c): Nonsignatory of Arbitration Agreement Is Not Precluded by the Failure To Apply for a Stay of Arbitration within Ten Days, St. John's Law Review

CPLR 7503(c): Party Estopped From Objecting To Time and Method of Service of Application To Stay Arbitration, St. John's Law Review

CPLR 7503(c): Requirement that Application for Stay of Arbitration Be Made Within Ten Days of Notice of Intention to Arbitrate Held Inapplicable Where Respondent Concealed Material Fact in Order to Create Coverage Under Insurance Policy, St. John's Law Review

CPLR 7503(c): Ten Day Period Within Which a Party May Apply to Stay Arbitration Construed as Statute of Limitations by First Department, St. John's Law Review

CPLR 7503(c): Ten-Day Period Within Which To Apply for a Stay of Arbitration Construed as a Statute of Limitations, St. John's Law Review

CPLR 7503(c): Ten-Day Statute of Limitations Is Satisfied by Posting Papers by Certified Mail on Tenth Day after Receipt of a Notice of Intention To Arbitrate, St. John's Law Review

CPLR 7503: Filing of Notice of Lien in Violation of Contractual Lien Waiver Provision Does Not Constitute Waiver of Right to Arbitration, St. John's Law Review

CPLR 7503: First Department Recommends Time Limitation for Proceeding with Arbitration, St. John's Law Review

CPLR 7503: Participation in Selection of Arbitrator Constitutes Waiver of Objection to Items of Dispute Submitted, St, John's Law Review

CPLR 7503: Service of Notice of Motion to Stay Arbitration, St, John's Law Review

CPLR 7510: United States Treaty Does Not Supplant the Common Law, St. John's Law Review

CPLR 7511(a): Date of Actual Delivery of Arbitration Award Must Be Stated in Pleading Ninety-Day Statute of Limitations, St. John's Law Review

CPLR 7511: Arbitrator's Award Difficult To Set Aside, St. John's Law Review

CPLR 7511(b)(1): Court Establishes Criteria for Review of Award Rendered at Compulsory Arbitration, St. John's Law Review

CPLR 7511(b)(1)(ii): Arbitration Award Affirmed, Where Challenged Arbitrator Had Prior Attorney-Client Relationship with One Party, When Opposing Party Knowingly Waived Its Objection, St. John's Law Review

CPLR 7511(b)(1)(ii): Arbitration Award Vacated Where Challenged Arbitrator Appointed by American Arbitration Association Previously Had Attorney-Client Relationship with One of the Parties, St. John's Law Review

CPLR 7511(b)(1)(iii): Court of Appeals Establishes Criteria for Determining Whether Arbitrator Has Exceeded His Powers, St. John's Law Review

CPLR 7511(b)(1)(iii): Letter Agreement on Submissions Held Not To Limit the Scope of a General Arbitration Clause, Thereby Permitting an Award for Consequential Damages, St. John's Law Review

CPLR 7511(c): Case Illustrates Practicality of Modification Order, St. John's Law Review

CPLR 7801: State Comptroller May Not Be Compelled To Challenge the Legality of the State Budget, St. John's Law Review

CPLR 7804(c): Notice of Petition Must Be Served at Least Twenty Days Before Hearing Date, St. John's Law Review

CPLR 7804(g): First Department Affirms Findings in an Article 78 Proceeding But Substitutes a "More Appropriate" Penalty, St. John's Law Review

CPLR 8012(b)(2): Sheriff Must Commence Plenary Action Against Attorney in Order To Fix Liability for Poundage Fees, St. John's Law Review

CPLR 8012(b): Sheriff Held Entitled To Full Poundage Fee When He Delayed Collection Upon Request, St. John's Law Review

CPLR 8101: Costs Allowed on Application To Confirm Arbitration Award, St. John's Law Review

CPLR 8101: Costs Granted to Defendant Despite Unsuccessfulness of His Counterclaim, St. John's Law Review

CPLR 8102: Discretion Exercised in Allowing Costs in County Court Action, St. John's Law Review

CPLR 8701: New York Legislature Adopts a Statute Allocating Twenty Percent of Punitive Damage Awards to the State General Fund, Joseph Eric Oliva

CPLR 901: Class Action Denied in Products Liability Case Where Common Questions of Design Defect and Misleading Advertising Held Not to Predominate Over Individual Questions of Causation and Reliance, William J. Cople III

CPLR 901: Fraud Actions Not Generically Unsuitable for Class Certification, Robert C. Wilkie

CPLR 902: Court of Appeals Refuses to Grant Class Certification Following Summary Judgment, Martin J. Thompson

CPLR Art. 14-A: Legislature Enacts Comparative Negligence Statute, St. John's Law Review

CPLR Art. 14: New Article Enacted to Deal with Contribution in Light of Dole v. Dow Chemical Co., St. John's Law Review

CPLR Art. 41: Trial De Novo Assured in Compulsory Arbitration Project, St. John's Law Review

CPLR Art. 41: Verdicts Modified by Court Where Jury Failed To Render Verdicts Required by Its Own Findings, St. John's Law Review

CPLR Art. 52: Court Voids Assignment of Judgment to Buyer of Judgments for the Pupose of Execution, St. John's Law Review

CPLR Art. 62: Ex Parte Attachment in an Action Based on Conversion Held Unconstitutional, St. John's Law Review

CPLR Art. 62: Is the New York Attachment Procedure Constitutional?, St. John's Law Review

CPLR Art. 9: Legislature Adopts Liberal Class Action Statute, St. John's Law Review

CPLR Art. 9: Statute Is to be Applied Liberally to Permit Class Certification of Plaintiff Shareholders with Substantially Similar Claims in Actions Against Corporate Directors, Michael S. Haber

Cracking Down on Cooperative Board Decisions That Reject Applicants Based on Race: Broome v. Biondi, Sabrina Malpeli

Crime Doesn't Pay--or Does It?: Simon & Schuster, Inc. v. Fischetti, Jeanne E. Dugan

Criminal and Civil Contempt: Some Sense of a Hodgepodge, Lawrence N. Gray Esq.

Criminal Antitrust Comes to the Global Market, Donald C. Klawiter

Criminal Defendant Is Per Se Entitled to Vacatur of His Conviction When Represented by an Attorney Whose License Is Subsequently Revoked, Claudia A. Farella

Criminal Forfeiture and the Necessity for a Post-Seizure Hearing: Are CCE and RICORackets for the Government?, Jean A. Hegler

Criminal Procedure--Rule 11 (Bye v. United States), St. John's Law Review

Criminal Sentencing in the Second Circuit After Booker: Theoretical and Practical Considerations, Kevin J. Doyle

Criminal Sexual Conduct as a Violation of International Humanitarian Law, Joseph L. Falvey Jr.

Critical Applications and Proposals for Improvement of the Uniform Interstate Family Support Act and the Full Faith and Credit for Child Support Orders Act, Patricia Wick Hatamyar

Critical Legal Issues Involving Vouchers, Steven Green

Critical Point in the Disabilities Movement: How Will Tennessee v. Lane Affect Claims Brought Under Title II of the Americans With Disabilities Act?, Peter J. Molesso

Critique of Money Judgment Part One: Liens on New York Real Property, David Gray Carlson

Critique of Money Judgment (Part Two: Liens on New York Personal Property), David Gray Carlson

Crossing the Border Line: Interpreting Federal Drug Trafficking Statutes in United States v. Londono-Villa, Jennifer E. Raiola

Crossing the Great Sexual Divide: Transsexuals Seeking Redress Under Title VII of the Civil Rights Act of 1964, Leah Shams-Molkara

Cruel and Unusual Punishment: The Ninth Circuit Analyzes Prison Security Policy with "Deliberate Indifference" to Penological Needs in Jordan v. Gardner, Ian M. Ogilvie

Ct. Cl. Act § 10: Filing of Wrongful Death Claims Prior to Appointment as Administratrix Deemed Jurisdictional Defect Requiring Dismissal, Richard J. Bowler

Ct. Cl. Act § 10: Six-Month Limitations Period and Date of Judgment Time of Accrual Applied to Dole Claims, St. John's Law Review

Ct. Cl. Act § 10: Statutes of Limitations or Conditions Precedent?, St. John's Law Review

Ct. Cl. Act § 8: In the Absence of a Special Relationship Imposing a Duty of Care Upon the Municipality to a Particular Plaintiff, the Municipality Remains Immune from Tort Liability, Jill A. Abramow

Ct. Cl. Act § 8: Waiver of Sovereign Immunity Does Not Permit Assessment of Punitive Damages Against the State or Its Political Subdivisions, Charles F. Lacina

Curbing Litigation Abuses: Judicial Control of Adversary Ethics--The Model Rules of Professional Conduct and Proposed Amendments to the Rules of Civil Procedure, Richard H. Underwood

Current Threats to Judicial Independence and Appropriate Responses: A Presentation to the American Bar Association, John M. Walker Jr.

Current Trends in Legal Education and the Legal Profession--An Academician's View, Walter Gellhorn

Current Trends in Legal Education and the Legal Profession--An Advocate's View, Whitney North Seymour Sr.

Custodial Statements Made by Youth to His Parent Are Inadmissable Where Youth Was Neither Accorded Privacy Nor Warned that Overheard Statements May Be Used Against Him, Jane M. Knight

Customers of Brokerage Firms Granted Right of Action Against Accountants Preparing Misleading Financial Statements Under Section 17(a) of the Securities Exchange Act of 1934 (Redington v. Touche Ross & Co.), Robin J. Stalbow

Cutting Up the Humble Pie: A Practical Approach to Apportioning Litigation Risks among Underwriters, James C. Freund and Henry S. Hacker

Damages: Where Survival and Wrongful Death Actions Are Combined, Medical and Funeral Expenses Are Allocated to Former When Estate Is Responsible and to Latter When Distributees Are Responsible, St. John's Law Review

D.C. Circuit Allows FCC to Kill Fairness Doctrine: Syracuse Peace Council v. Federal Communications Commission, Roger S. Antao

Dealing With Diversity: Changing Theories of Discrimination, Deborah A. Calloway

Dean John J. Murphy--An Ethical Man, Andrew J. Simons

Death is Still Certain, but are Taxes?: An Examination of the Due Process Limitations on Retroactive Tax Legislation After Carlton v. United States, Robert C. DeGaudenzi

Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court's Conference, John Q. Barrett

Declaration Against Penal Interest Held Inadmissable Against Defendant in Criminal Action, Ralph J. Libsohn

Deductibility of Funds Transferred into Trust to Satisfy Contested Liability (Poirier & McLane Corp. v. Commissioner), Lois C. Rubin

Deductions--Business Expenses, St. John's Law Review

Deed of Trust Held to be Property in Chapter XI Arrangement (Fidelity Mortgage Investors v. Camelia Builders, Inc. (In re Fidelity Mortgage Investors)), Vincent J. Pisano and Stuart M. Strauss

Deepening the Anomaly of Sovereign Immunity: Pennhurst State School and Hospital v. Halderman, Robert G. Klepp

Deep Seabed Mining: The United States and the United Nations Convention on the Law of the Sea, Charles E. Biblowit

Defendant's Discriminatory Use of the Peremptory Challenge after Batson v. Kentucky, John J. Hoeffner

Defendant's Right to Confront the Witnesses Against Him--Is There an Exception Behind the Screen?: Coy v. Iowa, Alisa Odeen

Defense Barred Under New York Constitution from Racially Discriminating Through Exercise of Peremptory Challenges, Lisa A. Stancati

Defining Primary Residence: Sometimes It Really Is as Simple as the Plain and Ordinary Meaning of the Word, Justine V. Beyda

Defining Tender Offers: Resolving a Decade of Dilemma, Neal I. Korval

Defining the Public Interest in Terms of Regulatory Necessity, Stuart A. Shorenstein and Lorna Veraldi

Defining the "Transparently Invalid" Exception to the Collateral Bar Rule: In re Providence Journal Co., Paul W. Butler

Delegation and the Deficit: The Gramm-Rudman Act, John D. Beling

Delivering Indigents' Right to Counsel While Respecting Lawyers' Right to Their Profession: A System "Between a Rock and a Hard Place", Stafford Henderson Byers

Democracy Without a Net? Separation of Powers and the Idea of Self-Sustaining Constitutional Constraints on Undemocratic Behavior, James A. Gardner

Denial of Rehearing En Banc (Boraas v. Village of Belle Terre), St. John's Law Review

Denial of Subrogation Rights--A Question for the Court or the Legislature?: Weinberg v. Dinger, Beth Jacobwitz

Depraved Indifference Murder in the Context of DWI Homicides in New York, Ryan J. Mahoney

De-Regulation of the Air Waves: Is Antitrust Enough?, Edward D. Cavanagh

Desegregating an Ideal: Neighborhood Schools, Urban School Systems and Missouri v. Jenkins, Mark S. Davies

Desert Storm: A Just War Analysis, William V. O'Brien

Designing Procedure to Suit Title VII's Purpose: Bibbs v. Block, John P. Biedermann

Design Liabilty and State of the Art: The United States and Europe at a Crossroads, Hans-Viggo von Hulsen

Despite the Ruling in Pekelnaya v. Allyn, the Area of Law Regarding Individual Unit Owners' Liability Stemming from a Defect in the Condominium's Common Elements Still Requires Legislative Action, Brian D. Brenner

Deterioration of Limits on the Use of Force and its Perils: A Rejection of the Kosovo Precedent, Ronald C. Santopadre

Determining the Effect of Inflation on Lost Future Earnings: What Price Equity?, Catherine C. Olanich

Developing Maternal Liability Standards for Prenatal Injury, Gerard M. Bambrick

Deviation Then and Now--When COGSA's per Package Limitation Is Lost, Margaret M. Lennon

Diagnosis of a Legal Headache: Liability for Unforeseeable Defects in Drugs, Goerge C. Pratt and Fred W. Parnon

Dietrick v. Kemper Insurance Co.--The First Step Toward Limiting Workers' Compensation Liens on Third-Party Tort Recoveries, Mark Keller and Christine Vomero

Differentiated Perspectives on Insider Trading: The Effect of Paradigm Selection on Policy, Steven R. Salbu

Digital Sampling and the Legal Implications of Its Use After Bridgeport, Amanda Webber

Direct Mail Solicitation by Attorneys, Philip Franke

Director Independence and the Duty of Loyalty: Race, Gender, Class, and the Disney-Ortiz Litigation, Larry Cata Backer

Director's Duty Under 10b-5 (Lanza v. Drexel & Co.), St. John's Law Review

Dirty T-shirt Trends, Pure Speech and the Law, Valerie Schmidt

Disability Claims for Alcohol-Related Misconduct, Dustin Riddle and Richard Bales

Disabling Social Security Beneficiaries by Limiting Attorney's Fees: Rodriguez v. Secretary of Health & Human Services, Leonard Violi

Dischargeability in Bankruptcy of Debts Incurred by "Purported Purchasers", Steven H. Resnicoff

Disciplinary Rule 1-102(A)(7): New York Court of Appeals Broadens Scope of Rule to Include Attorney Criticism of the Judiciary, Daniela V. Zenone

Disciplinary Rule 2-110(A)(3): Appellate Division, Second Department, Bans Use of Nonrefundable Retainer Agreements, Christina M. Follini

Disciplinary Rule 7-104(A)(1): New York Court of Appeals Fashions "Alter Ego" Test to Determine Whether Corporate Employees Are Shielded from Ex Parte Communications, Joseph G. Colbert

Disclosure and Disqualification Standards for Neutral Arbitrators: How Far to Cast the Net and What Is Sufficient to Vacate Award, Merrick T. Rossein and Jennifer Hope

Disclosure as Consumer Protection: Unit Purchasers' Need for Additional Protections, Vincent Di Lorenzo

Disclosure of Grand Jury Testimony (In re Biaggi), St. John's Law Review

Disclosure Under the Freedom of Information Act (Rose v. Department of the Air Force), Gary A. Manso

Discovering Justice in Toxic Tort Litigation: CPLR 241-c, Andrew L. Margulis

Discretion: The Better Part of Valor in the War on Drugs, Matthew Campese and Patrick J. Dussol

Discriminatory Intent Necessary to Establish Violation of Fair Housing Act (Boyd v. Lefrak Organization), Jonathan Oster

Dismissal of Action on Statute of Frauds and Statute of Limitations Grounds Is Sufficiently Close to Merits to Bar Subsequent Suit Under Doctrine of Res Judicata, Thomas J. Quigley

Dismissal of Derivative Action--Effect on Non-Party Shareholders (Papilsky v. Berndt), St. John's Law Review

Distribution in Environmental Justice: Is There a Middle Ground?, Richard J. Lazarus

District Attorney's Office Automatically Disqualified When Attorney in Office Had Counseled Defendant Previously in Same Case, Richard J. Bowler

Diversification by Merger in International Perspective, Hans G. Mueller

Divisional Reporting and the Insurance Company Exemption, Adam M. Duncan

Divisional Reporting by Diversified Corporations: A Businessman's View, Theodore H. Silbert

Divisional Reporting by Diversified Corporations: An Accountant's View, Phillip E. Fess

Divisional Reporting by Diversified Corporations: An Analyst's View, David Norr

DLR § 236(B): Appellate Division Expands Equitable Distribution Law to Include Educational Degrees as Marital Property Subject to Equitable Distribution, Laura B. Weiner

DNA Fingerprinting: Dick Tracy of the '90s, Nancy Slater

Do Conflicts Between Class Members Vitiate Class Action Securities Fraud Suits?, David J. Ross

Dodging the Consumer Harm Inquiry: A Brief Survey of Recent Government Antitrust Cases, David S. Evans

Does a Healthy Patient Need a Cure? A Response to Health Care Industry Proposals to Reform Antitrust Analysis of Horizontal Hospital Mergers, William M. Stelwagon

Does All this Litigation "Reform" Really Benefit the Client, Robert L. Haig and Warren N. Stone

Does an Asset Manager Have Standing Under the Federal Securities Laws?, Brian P. Murray

Does Anybody Really Need a Limited Public Forum?, Norman T. Deutsch

Does a Patent Reassignment Remedy for Technology Misappropriation Leave the True Inventor Holding an Empty Bag?, Kevin M. Mason

Does Rule 41(d) Authorize an Award of Attorney's Fees?, Edward X. Clinton Jr.

Does Section 12(2) of the Securities Act of 1933 Apply to Secondary Trading?: Ballay v. Legg Mason Wood Walker, Inc., Catherine Zucal

Doe v. Doe and the Violence Against Women Act: A Post-Lopez Commerce Clause Analysis, Mary C. Carty

Doing Business Under the Agreement on Government Procurement: The Telecommunications Business--A Case in Point, Edward Goldstein

"Do I Really Have To? New CIT Discovery Rules 2002": Overview of the New Discovery Rules, Joseph F. Donohue Jr.

Dole Claim Held to Accrue on Date Judgment Is Paid by Party Seeking Contribution, Thomas M. Dawson

Dole Counterclaim Unavailable Against a Plaintiff Suing in Representative Capacity, St. John's Law Review

Dole v. Dow Chemical Co.: A Revolution in New York Law, St. John's Law Review

Dole v. Dow Chemical Co.: Recent Developments, St. John's Law Review

Dole v. Dow Chemical Co.: Recent Developments, St. John's Law Review

Dole v. Dow Chemical Co.: Recent Developments, St. John's Law Review

Domestic Relations Law § 111(1)(e): Requirement that Unwed Parents "Live Together" as Condition to Father's Right of Consent in Adoption of Nonmarital Child Held Unconstitutional, Eileen A. Powers

Domestic Violence and Tribal Protection of Indigenous Women in the United States, Gloria Valencia-Weber and Christine P. Zuni

Doomed to Re-Repeat History: The Triangle Fire, the World Trade Center Attack, and the Importance of Strong Building Codes, Gregory M. Stein

Dorothy Day, Welfare Reform, and Personal Responsibility, Harry Murray

Do TILA Rescission Rights "Survive" Refinancing? How the Housing and Economic Recovery Act of 2008 Introduces New Solutions to an Old Problem, Stephen K. Wallant

Drawee Bank's Liability for Wrongful Dishonor: A Proposed Checkholder Cause of Action, Michael D. Sabbath

DRL § 111-a: New York Court of Appeals Rules that an Unwed Father Who Does Not Know of the Existence of His Child Has No Right to Notice of State Action Terminating His Parental Rights, Annette Haselhoff

DRL § 117(1)(e): New York Court of Appeals Extends Preserved Right of Inheritance Under Laws of Intestacy to Issue of Adopted-Out Child, Kimberly Roeder

DRL 170(5): Family Court Order of Protection Held To Be a Sufficient Predicate for a Nonfault Divorce, St. John's Law Review

DRL 210: Time Limit Is Merely a Statute of Limitations, St. John's Law Review

DRL § 211; § 232: Questions as to Service of Complaint Answered, St. John's Law Review

DRL § 211: Amendment of Complaint for Separation To Include Action for Divorce Allowed, St. John's Law Review

DRL § 211: Amendment Spurs Conflict, St, John's Law Review

DRL § 211: Conflict Over Applications for Temporary Alimony Continues, St. John's Law Review

DRL § 211: Cooling-Off Period Does Not Apply to Counterclaim for Separation in an Annulment Action, St. John's Law Review

DRL § 211: Motion to Dismiss for Insufficiency Deemed Premature until Termination of Conciliation Proceedings or Expiration of 120 Days, St. John's Law Review

DRL 211: Service of Complaint with Summons Does Not Void Summons, St. John's Law Review

DRL § 215-c(a): Failure To File Notice of Commencement of Divorce Action Results in Termination of Temporary Alimony, St. John's Law Review

DRL § 215: Failure To File Timely Notice of Commencement of Divorce Action with Conciliation Bureau Held Excusable, St. John's Law Review

DRL 234: Judgment Granting Exclusive Possession Cannot Be Circumvented by Partition Under RPAPL 901, St. John's Law Review

DRL § 236(B)(5)(d)(10): Marital Fault May Not Be Considered in Determining an Equitable Distribution of Marital Property, Dori Anne Kuchinsky

DRL § 236(B): A Professional Degree or License Is Not Marital Property Subject to Apportionment During Divorce Proceedings, Hilary Gingold

DRL § 237: Post-Orr Evaluation Upholds Constitutionality of Statute by Construing It to Authorize Award of Attorney's Fees to Either Spouse in Matrimonial Action, Maureen F. Thompson

DRL 245: Contempt Unavailable until Foreign Judgment Has Been Entered in New York, St. John's Law Review

DRL § 248: Cohabitation Alone Not Sufficient to Authorize Termination of Alimony Payments, Lawrence J. Santoro

DRL § 250: Presumption of Domicile Held Not Applicable to Bilateral Mexican Divorce, St. John's Law Review

DRL § 81: Mother Liable in Part for Counsel Fees Arising from Habeas Corpus Proceeding Brought To Determine Child's Custody, St. John's Law Review

Drug Safety: It's a Learning Process, Vanessa Eng

Drug Testing and the Fourth Amendment, Leslie A. Harasym

Dual Constitutionalism in Practice and Principle, Judith S. Kaye

Dual Copyright and Design Patent Protection: Works of Art and Ornamental Designs, Gregory R. Mues

Dual Standards for the Use of Employee Benefit Plans in Corporate Takeovers: ERISA and the Business Judgment Rule, Melany R. Gray

Due Process Protection Extended to Prisoners Applying for Conditional Release (Zurak v. Regan), Vincent J. LaGreca

Earls v. Board of Education: A Timid Attempt to Limit Special Needs from Becoming Nothing Special, David Badanes

ECL Article 8: Displacement of Neighborhood Residents and Businesses Is an Environmental Effect Which Must Be Considered When Determining the Necessity of an Environmental Impact Statement; Noncompliance Results in Nullification of Permit Previously Granted, Sharon Parella

Economic Loss Due to Defective Product Design Held Sufficient to State a Cause of Action in Strict Products Liability Against Remote Manufacturer, Rosemary B. Boller

Economic Policy and the Conglomerate Merger, Charles H. Berry

Education as a Natural Right, Albert Grande

Education of Handicapped Children: The IEP Process and the Search for an Appropriate Education, Bruce G. Sheffler

Educ. Law §§ 2022, 3602: Rational Basis Test Applied to Uphold Constitutionality of Public School Financing Scheme, Joanne Dantuono

Educ. Law § 3014-b: Takeover Statute Confers Rights on the Most Senior of the BOCES Teachers in the Tenure Area Who Are Excused Because of the Takeover, Lorraine Novinski

Effects of Legal Ethics in the Business World, Verita Gulati

Efficient Markets, Hubris, Chaos, Legal Scholarship and Takeovers, Nicholas Wolfson

Election of Remedies: Summary Judgment Against Bankrupt Precludes Showing of Fraud in Subsequent Action, St. John's Law Review

Electronic Communications and the 2002 Revisions to the Model Rules, Louise L. Hill

Electronic Surveillance--Grand Jury Contemnor Denied Suppression Hearing (In re Persico), Christopher R. Belmonte

Eligibility for Damage Awards Under 11 U.S.C. § 362(h): The Second Circuit Answers the Riddle--When Does Congress Actually Mean What It Says?, Richard L. Stehl

"Emergency Exception" Search Needs Articulable Facts Leading to a Conclusion that a Danger Exists to Be Reasonable under the Fourth Amendment, Simon Yeznig Balian

Emerging Issues in United States National Security Policy, Margaret Stock

Emerging Jurisdictional Doctrines of the Burger Court: A Doctrine of Convenience, Tonianne Florentino

Emerging Legal Issues in Sports Medicine: A Synthesis, Summary, and Analysis, Matthew J. Mitten

Eminent Reassessment ot Tax Domain: Are Local Municipalities Suffering from Dyslexia?, Allan A. Wiesel

Emotion in the Language of Judging, Martha C. Nussbaum

Employee Violence, Negligent Hiring, and Criminal Records Checks: New York's Need to Reevaluate Its Priorities to Promote Public Safety, Dermot Sullivan

Employer Liability Under the Occupational Safety and Health Act (Brennan v. OSHRC (Dic-Underhill)), Andrew W. Klein

Employing Race-Neutral Affirmative Action to Create Educational Diversity While Attacking Socio-Economic Status Discrimination, L. Darnell Weeden

Empowering Patients to Act Like Consumers: A Proposal Creating Price and Quality Choice Within Health Care, Andrew Ruskin

Enduring the Storm: Conscientious Objectors in the Persian Gulf War, Ronald L. Kuby and William M. Kunstler

Enemy Combatants and Due Process: The Judiciary's Role in Curbing Executive Power, Melissa M. Tomkiel

Enforceability of Bankruptcy Forfeiture Clauses in Commercial Leases (Queens Boulevard Wine & Liquor Corp. v. Blum), Joanne Welty

Enforcement of a Warehouseman's Lien as State Action (Brooks v. Flagg Bros.), Marian A. Campbell

Enforcing Contractual Attorney's Fees as an Element of Nondischargeable Debt: Transouth Financial Corp. of Florida v. Johnson, Kevin John Buck and Keith A. Gilman

Enron, Global Crossing, and Beyond: Implications for Workers, Susan J. Stabile

Enron's Legislative Aftermath: Some Reflections on the Deterrence Aspects of the Sarbanes-Oxley Act of 2002, Michael A. Perino

Enter the Dragon's Lair: The New Socialism and Private Property Ownership in the People's Republic of China, Michael T. Stanczyk

Environmental Criminal Enforcement: A Mushroom Cloud, Richard J. Leon

Environmental Justice or Political Opportunism?, Michael S. Greve

Environmental Justice, Structural Economic Theory, and Community Economic Empowerment, Anthony D. Taibi

Environmental Protection in Indian Country: Equity or Self-Determination?, Martin D. Topper

Environmental Racism: A Skeptic's View, Kent Jeffreys

EPS Growth From Financial Packaging: An Accounting Incentive in Acquisitions, Henry B. Reiling

EPTL § 13-3.3: Trustee as Beneficiary Denied Right to Receive Proceeds of Insurance Policy Due to Decedent's Failure to Execute Trust Agreement Prior to Designation of Beneficiary, Andrew Bonzani

EPTL § 3-4.3: Separation Agreement Containing General Release of Rights Held Insufficient to Revoke Specific Will Bequests to Spouse, Edward Kelly

EPTL § 5-1.1(b)(1)(B): Totten Trust Established Prior ro August 31, 1966 and Transferred to Another Depository Subsequent to That Date Held To Be a Testamentary Substitute, St. John's Law Review

EPTL § 5-1.1: Buy-and-Sell Agreement Directing Payment to Third Party Upon Death of Testator Held a Testamentary Substitute, Lisa Schreibersdorf

EPTL § 5-3.3: Right of Parents and/or Issue to Challenge Excessive Gifts to Charity Is Reaffirmed, St. John's Law Review

EPTL § 5-4.3: Recovery Permitted for Loss of Consortium in Wrongful Death Action, Elaine Robinson McHale

EPTL § 9-1.1: New York Court of Appeals Excludes Preemptive and Exclusive Consignment Rights in Commercial Settings from the Rule Against Perpetuities, James P. Lundy

Equal Educational Opportunity: A Case for the Children, St. John's Law Review

Equal Enforcement for All, George Van Cleve

Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati: The Sixth Circuit Narrowly Construes Romer v. Evans, Jill Dinneen

Equitable Conversion of Surplus Mortgage Foreclosure Proceeds, St. John's Law Review

Equitable Estoppel: Does Governmental Immunity Mean Never Having to Say You're Sorry?, Mary R. Alexander

Erickson v. Bartell Drug Company: Requiring Coverage of Prescription Contraceptives, Michelle Szalai

ERISA, Trust Law, and the Appropriate Standard of Review: A De Novo Review of Why the Elimination of Discretionary Clauses Would Be an Abuse of Discretion, Joshua Foster

Establishing Recovery for Loss of Enjoyment of Life Apart from Conscious Pain and Suffering: McDougald v. Garber, Eric L. Kriftcher

Estate Taxation, St. John's Law Review

Estate Taxation: Valuation of Mutual Funds for Estate Tax Purposes, St. John's Law Review

Ethics, Morality, and the Gulf War, Gordon C. Zahn

Evaluation of the AOL Time Warner Consent Decree's Ability To Prevent Antitrust Harm in the Cable Broadband ISP Market, Sarah G. Lopez

Evidence--Hearsay Exceptions--Admission of Principal's Extrajudicial Declarations Against Surety--Res Gestae Requirement Abandoned (Letendre v. Hartford Accident & Indemnity Co., N.Y. 1968), St. John's Law Review

Evidence--Inconsistent Statements (United States v. Haggett), St. John's Law Review

Evidence Obtained Through a Police Informant in a Non-Custodial Setting Must Be Suppressed If the Police Knew That the Defendant Was Represented by Counsel on a Pending, Unrelated Criminal Charge, Lisa Schreibersdorf

Evidence of Habitual Carelessness Held Admissable to Establish Plaintiff's Negligence in Products Liability Action, St. John's Law Review

Evidence of Post-Accident Design Modification Held Admissable in Strict Products Liability Manufacturing Defect Action, Kathryn A. Marinello

Evidence of Prior Uncharged Criminal Acts Admissable to Rebut Defendant's Claim of Legal Insanity, Annette L. Guarino

Evidence of Subsequent Repairs Held Admissable in Products Liability Action, St. John's Law Review

Evolving Technology and Law Library Planning, Christine Fisher

Examining Justice Breyer's Constitutional Consequential Thinking: Can Justice Scalia Be Wrong and Justice Kennedy Be Right?, Daniel Gordon

Exceptional Circumstances--Quo Vadis?, John R. Bartels

Excluding Testimony of Financial Experts in Federal Litigation: How Far do the Daubert Standards Extend?, Cecil C. Kuhne III

Executive Encroachment on Congressional Immunity, Leon H. Charney and Jerome M. Selvers

Executive Privilege and Immunity: The Questionable Role of the Independent Counsel and the Courts, Jeffrey L. Bleich and Eric B. Wolff

Executive Self-Controls: Madison's Other Check on National Security Initiatives By The Executive, Peter Raven-Hansen

Exercises of Personal Jurisdiction Based on Internet Web Sites, Carly Henek

Expanded Application of Collateral Estoppel Defense in Criminal Prosecutions (United States ex rel. Rogers v. LaVallee), Nina Shreve

Expanding a Trial Court's Discretion Over Criminal Court Calendars, Suzanne Sonner Diviney

Ex Parte Communications with Employees of a Business Enterprise: The Need for a Bright Line Test, Joseph Christian Sekula and Dennis Sean Heffernan

Experimental Work-for-Relief Programs Sustained (Aguayo v. Richardson), St. John's Law Review

Exploring Physician-Assisted Suicide: An Examination of the Circuit Court Decisions and Public Policy Concerns, John Alesandro

Exploring the Far Reaches of the State Action Exemption: Implications for Federalism, Eric L. Richards

Extending Child Abuse Protection to the Viable Fetus: Whitner v. State of South Carolina, Regina M. Coady

Extending Good Faith: Does the U.C.C. Impose a Duty of Good Faith Negotiation Under Changed Circumstances?, John P. Bermingham

Extending the Federal Franchise to the Commonwealth of Puerto Rico: Igartua de la Rosa v. United States, Arnold J. Janicker

Extending the Younger Abstention Doctrine to State Administrative Proceedings: Williams v. Red Bank Board of Education, Carmine A. Reale

Extension of a Criminal Defendant's Right to a Public Trial: Access to the Courtroom During the Jury Charge, Nicholas A. Pellegrini

Extraterritorial Boundaries of Federal Securities Law (Bersch v. Drexel Firestone, Inc.; IIT v. Vencap, Ltd.), Charles Ferris

Extraterritorial Corporate Criminal Liability: A Remedy for Human Rights Violations?, Eric Engle

Face to Face: A Call for Radical Responsibility in Place of Compassion, Lois Shepherd

Facts on the Ground and Federalism in the Air: The Solicitor General's Effort To Defend Federal Statutes During the Federalism Revival, Barbara D. Underwood

Failure of the Prosecutor to Disclose Witness's Intention to File a Civil Suit Against a Criminal Defendant Is a Violation of the Fourteenth Amendment, Vincent Toomey

Failure to Comply with Mandatory Notice Provision of Title III Does Not Warrant Suppression (United States v. Principie), Erica B. Garay

Failure to Disclose Market-Making Is a 10(b) Violation (Chasins v. Smith, Barney & Co.,Inc.), St. John's Law Review

Fairness at the Time of Sentencing: The Accuracy of the Presentence Report, Gregory W. Carman and Tamar Harutunian

Fairness for Sale in the Marketplace, Richard A. Samp

Fairness in Asbestos Injury Resolution Act of 2003: Saving the "Elephantine Mass", Matthew J. Chase

Fair Use: Considerations in the Emerging World of E-Books, Ann Coale

Fair Use No Longer: How the Digital Millennium Copyright Act Bars Fair Use of Digitally Stored Copyrighted Works, Denis T. Brogan

Faith and the Lawyer's Practice, Russell G. Pearce

Faith in the Rule of Law, Marc O. DeGirolami

Falling Through the Cracks: Race and Corporate Law Firms, Leonard M. Baynes

Family Court Act §§ 413-414: Divorced Mother Must Share in the Financial Support of Her Children, St. John's Law Review

Family Court, Queens County, Holds That Posthumous DNA Tests on a Decedent's Frozen Blood Samples Are Admissable in a Paternity Proceeding Where the Decedent's Blood Was Already Drawn and Available, Charlie John Gambino

Family Law--Juvenile Courts--Preponderance of the Evidence Upheld as Applicable Standard of Proof in Juvenile Delinquency Adjudications (In re Samuel W., N.Y. 1969), St. John's Law Review

Fault-Based Libel and Copyright Infringement Liability for On-Line Content Providers and Bulletin Board Operators as "Information Distributors", Julie R. Fenster

FCC Preemption of Zoning Ordinances That Restrict Satellite Dish Antenna Placement: Sound Policy or Legislative Overkill?, Christopher Neumann

FCC's Authority to Preempt State Regulations of Pay Cable Television Upheld (Brookhaven Cable T.V., Inc. v. Kelly), Andrew A. Peterson

FDA Dietary Supplement Regulations (National Nutritional Foods Association v. Food and Drug Administration), Andrea Catania

"Federal Corporation Law" and 10b-5: The Case for Codification, St. John's Law Review

Federal Election Campaign Act--Political Committee (United States v. National Committee for Impeachment), St. John's Law Review

Federal Expungement: A Concept in Need of a Definition, James W. Diehm

Federal Gun Control in the United States: Revival of the Tenth Amendment, Ronald A. Giller

Federal Habeas Corpus: Easing the Tension Between State and Federal Courts, James D. Hopkins

Federal Immunity of Witnesses Act (Goldberg v. United States), St. John's Law Review

Federal Intervention in State Criminal Proceedings (Salem Inn, Inc. v. Frank), Stephen Fox

Federalism and the Contrivances of Public Law, Paul Boudreaux

Federal Preemption of Pesticide Labeling Claims, Judi Abbott Curry, Cynthia Weiss Antonucci, and Eric Portuguese

Federal Preemption of State Safety Regulations: International Ass'n of Indep. Tanker Owners v. Locke, Maria Efaplomatidis

Federal Response to Insurance Coverage Issues Created by 9/11, Wayne A. Cimons

Federal Rule of Civil Procedure 52(a) and the Scope of Appellate Fact Review: Has Application of the Clearly Erroneous Rule Been Clearly Erroneous?, Susan R. Petito

Federal Rule of Evidence 803(2): Problems with the Excited Utterance Exception to the Rule on Hearsay, Angela Conti and Brian Gitnik

Federal Securities Aspects of the Resort Condominium, Jeffrey J. Milton

Federal Sentencing Guidelines: Retaining the Preponderance Standard of Proof, Daniel J. Lyons

Federal Superlien: An Alternative to Lender Liability Under CERCLA, John Andrew Maher and Kathryn C. Hoefer

Federal Torts Claims Act, St. John's Law Review

Federal Trade Commission Permanent Injunction Actions Against Unfair and Deceptive Practices: The Proper Case and the Proper Proof, Arthur B. Cornell Jr.

Federal Venue Restrictions for Suits Against National Banks Held Inapplicable to Third-Party Claims, Anne A. Dillon

Fellow Servant Rule Held an Inadmissable Defense to an Employee's Action Against His Employer for Injuries Sustained Due to the Negligence of a Coemployee, Susan D. Koester

Fiduciary Duty (Rosenfeld v. Black), St. John's Law Review

Final Boarding Call--The Warsaw Convention's Exclusivity and Preemption of State Law Claims in International Air Travel: El Al Israel Airlines, LTD. V. Tseng, Howard Sokol

Financial Congenerics and Antitrust Policy, Wm. Paul Smith

Financial Motives for Conglomerate Growth, Abraham J. Briloff

Financial Packaging in Perspective, Samuel L. Hayes III

Financing the Impact of Terrorism: Can Insurers Cope?, Nicos A. Scordis

Finding a Legal Remedy for the HIV-Positive Infant: Wrongful Life and Lack of Informed Consent Explored, Tara C. Fappiano

Finding Terrorists' Intent: Aligning Civil Antiterrorism Law with National Security, Christopher W. Robbins

Firm Disqualification Motions--Screening and Immediate Appeals as of Right: Armstrong v. McAlpin, Ziporah Janowski

First Amendment and the Internet: Will Free Speech Principles Applied to the Media Apply Here?, C. Edwin Baker

First Amendment--Freedom of Speech and Press, St. John's Law Review

First Amendment Limitations on the Power of School Boards to Select and Remove High School Text and Library Books, Richard P. Smith

First Amendment--Obscenity, St. John's Law Review

First Amendment Postcards From the Edge of Cyberspace (Keynote Address), Floyd Abrams

First Amendment Rights of Newsmen Protected (Baker v. F. & F. Investment), St. John's Law Review

Fixing Up the Old Jalopy--The Modern Limited Partnership Under the ULPA, Robert Kratovil and Raymond J. Werner

"Flir"ting With Danger: A Fourth Amendment Analysis of Infrared Imaging, Michael A. De Vito and Stuart M. Flamen

Floating "Free" in Cyberspace: Law Reviews in the Internet Era, William H. Manz

Foreseeable Consequence Test for De Jure Segregation (Hart v. Community School Board), Janis A. Parazzelli

Foreword, Philip Weinberg

Foreword, Patrick J. Rohan

Foreword, Philip Weinberg

Foreword, Charles S. Bobis

Foreword, Leonard M. Baynes

Foreword, Philip Weinberg

Foreword, Paul A. Batista

Foreword, St. John's Law Review

Foreword, Patrick J. Rohan and Curtis J. Berger

Foreword, Manuel F. Cohen

Foreword: A Lawyer's Observations on Hochfelder, Ellsworth A. Van Graafeiland

Foreword: Debunking RICO's Myriad Myths, G. Robert Blakey

Foreword: Judicial Administration: Stepchild of the Law, Wilfred Feinberg

Foreword: The Intersection of Race, Corporate Law, and Economic Development, Leonard M. Baynes

Foreword: The "Old" Second Circuit in 1951, Harold R. Medina

Foreword: The Sentencing Process and Judicial Inscrutabiltiy, Irving R. Kaufman

Foreword: The Three-Judge Court and Direct Appeals to the Second Circuit, James L. Oakes

Forgetting Someone? New York's Permanency Legislation of 2005 Fails To Address the Needs of Juvenile Delinquents in Foster Care, Rose L. Amandola

Forgive Us Our Press Passes, Captain Michael T. Sherman U.S. Navy-Ret.

Formulating a Commercial Exception to the Act of State Doctrine: Alfred Dunhill of London, Inc. v. Republic of Cuba, Victor S. Friedman and Leslie A. Blau

Forum Non Conveniens: A Common-Law Doctrine Recently Revised, St. John's Law Review

Forum Non Conveniens: Action Dismissed Despite New York Residence of Corporate Codefendant, St. John's Law Review

Forum Non Conveniens: Case Illustrates Arbitrariness of Doctrine, St. John's Law Review

Forum Non Conveniens: Court Recognizes that Sister State Is in More Advantageous Position To Determine Best Interests of Child in Custody Proceeding, St. John's Law Review

Forum Non Conveniens: Doctrine Invoked by Nassau County District Court on Intrastate Basis, St. John's Law Review

Foster Care & Adoption Reform Legislation: Implementing the Adoption & Safe Families Act 0f 1997, John J. Coughlin

Foster Care & Adoption Reform Legislation: Implementing the Adoption & Safe Families Act 0f 1997, Bernadine Dohrn

Foster Care & Adoption Reform Legislation: Implementing the Adoption & Safe Families Act 0f 1997, Glenda Morris Rothberg

Foster Care & Adoption Reform Legislation: Implementing the Adoption & Safe Families Act 0f 1997, Marvin Ventrell

Foster Care & Adoption Reform Legislation: Implementing the Adoption & Safe Families Act 0f 1997, Monica Drinane

Foster Care & Adoption Reform Legislation: Implementing the Adoption & Safe Families Act 0f 1997, Marcia Lowry

Fostering Liberty Within the School Community, Janet Price

Four Basic Notions of the Common Good, Brother Daniel P. Sulmasy O.F.M.

Four-Month Statute of Limitations Applicable to Declaratory Judgment Actions Challenging Individualized Administrative Ratemaking, Michele Gapinski

Fourteenth Amendment Personhood: Fact or Fiction?, Natasha N. Aljalian

Fourth and Goal: Player Restraints in Professional Sports, a Look Back and a Look Ahead, Shant H. Chalian

Foxhall Realty Law Offices, Inc. v. Telecommunications Premium Services, Ltd.: The Second Circuit Concludes that New York State Courts Have Exclusive Jurisdiction Over Private Rights of Action Asserted Under § 227 of the Federal Telephone Consumer Protection Act of 1991, Jeanette M. Viggiano

Fragments of Regionalism: State and Regional Planning in Connecticut at Century's End, Terry J. Tondro

Franchise Costs Considered "Ordinary and Necessary" Business Expenses (Briarcliff Candy Corp. v. Commissioner), St. John's Law Review

Fraud on the Market and the Substantive Theory of Class Actions, Zachary Alan Starr

Freedom of Information Act--Exemption 7(A) Rejected as Discovery Tool in NLRB Enforcement Proceeding (Title Guarantee Co. V. NLRB), Robert J. Hausen

Freedom of Information Act--Investigatory Files (Frankel v. Securities Exchange Commission), St. John's Law Review

Friends of the Earth v. Crown Central Petroleum: A Standing Attack Undermines Environmental Protection, Christine Azzaro

From Black Robes to White Lab Coats: The Ethical Implications of a Judge's Sua Sponte, Ex Parte Acquisition of Social and Other Scientific Evidence During the Decision-Making Process, George D. Marlow

From Snail Mail to E-Mail: The Steady Evolution of Service of Process, John M. Murphy III

From Warren to Rehnquist: The Growing Conservative Trend in the Supreme Court's Treatment of Children, Michele D. Sullivan

Frozen in Time: The State Action Doctrine's Application to Amateur Sports, Dionne L. Koller

Frustration of Contractual Purpose--Doctrine or Myth?, Nicholas R. Weiskopf

Fundamental First Amendment Issues in Relation to On-Line Liability, R. Bruce Rich

Furman v. Georgia--Deathknell for Capital Punishment?, St. John's Law Review

Further Comment on United States v. Donruss, St. John's Law Review

Gains and Losses From Foreign Currency Hedges After Arkansas Best Corp. v. Commissioner, John Ferretti

GATT 1994: Fool's Goal?, Claire Moore Dickerson

GATT and the Evolution of the Global Trade System: A Historical Perspective, Gerald A. Bunting

GATT: Has the Implementation Process Been Compromised?, Mary Fragola and Kevin Lencki

GATT-Out of the Public Domain: Constitutional Dimensions of Foreign Copyright Restoration, Thomas Gordon Kennedy

GBL § 198-a(k): Lemon Law's Alternative Arbitration Mechanism Requiring an Automobile Manufacturer to Submit to Binding Arbitration at the Consumer's Request Is Constitutional, Matthew Tracy

GBL § 352-c: No Private Cause of Action Under New York's "Blue Sky" Law, Patrick M. Connors

Gen. Bus. Law § 200: Court of Appeals Held that Whether an Innkeeper Has Complied with the Safe Requirement of Section 200 Is a Question of Fact for the Jury, Joanne Dantuono

General Admonition to Jointly Represented Defendants Sufficient to Discharge Trial Court's Duty of Inquiry, Ray T. Blank Jr.

General Obligations Law § 15-108: Amendment Allows Plaintiff to Settle with One Tortfeasor Without Affecting His Rights Against Remaning Tortfeasors, St. John's Law Review

General Public Figures Since Gertz v. Robert Welch, Inc., Michael J. Gunnison

General Welfare and Regional Planning: How the Law of Unintended Consequences and the Mount Laurel Doctrine Gave New Jersey a Modern State Plan, John M. Payne

Gen. Mun. Law § 50-e: Legislature Liberalizes Notice of Claim Requirements, St. John's Law Review

Geographical Classifications of Welfare Districts Attacked (City of New York v. Richardson), St. John's Law Review

Global Markets, National Law, and the Regulation of Business: A View From the Top, Eleanor M. Fox

GML 50-a to 50-i: Notice of Claim Not Required in Contract Action, St. John's Law Review

GML § 50-e(5): Denial of Renewed Application to Serve Late Notice of Claim on City Was Not an Abuse of Discretion, Despite the City's Actual Knowledge of Essential Facts of Claim, Where Petitioner's Delay Was Excessive, His Excuse Insufficient, and City Was Substantially Prejudiced, Howard M. Miller

GML § 50-e: Civil Rights Action Is Barred by Plaintiff's Failure to File a Notice of Claim Within 90 Days of Accrual of Claim, Kevin M. Berry

GML § 50-e: CPLR 2004 Applied, St. John's Law Review

GML 50-e: Infant Permitted To File Late Notice of Claim Where Infancy May Have Been Important Factor in Failure to Timely File, St. John's Law Review

GML § 50-e: Liberalized Notice of Claim Requirements Applicable to Claims that Accrued Within 1 Year of the Amendment's Effective Date, Francis J. Coughlin Jr.

GML 50-e: Section Superseded by Subsequent Special Enactment, St. John's Law Review

GML § 50-e: Service of Notice on Water District Not Required, St, John's Law Review

GML § 50-e: Service Upon Superintendent of Schools Not Sufficient Against Board of Education, St, John's Law Review

GML § 50-e: Statute of Limitations Is Tolled under CPLR 204 When Plaintiff's Application to Serve Late Notice of Claim Is Sub Judice, Christopher M. Murphy

GML § 50-e: Time Period for Claimant to Apply for Permission to Serve Late Notice of Claim Not Tolled by Infancy Under CPLR 208, Clara S. Licata

GML 50(i): Construed in a Wrongful Death Action, St. John's Law Review

GML § 50-i: Federal Civil Rights Action Is Barred by Plaintiff's Failure to Comply with Notice of Claim Statute, Joanne M. Scalard

Gochee v. Wagner Abandoned, St. John's Law Review

God Bless America, Reverend John J. Coughlin O.F.M.

Going Private: Who Shall Provide the Remedies?, Lawrence W. Thomas

Going Private Without a Business Purpose--A Rule 10b-5 Violation (Marshel v. AFW Fabrics Corp.; Green v. Santa Fe Industries, Inc.), Therese M. Haberle

GOL § 15-108: Judgment Against Defendant Is Reduced by the Equitable Share of the Damages Attributable to the Defendant Who Settled When That Settling Defendant Is a Vicariously Liable Employer, Andrea M. DiGregorio

GOL § 15-108: New York Court of Appeals Adopts Aggregation Method in Crediting Settlements to Verdicts Assessed Against Non-Settling Defendants, Bianca Scaramellino

GOL § 17-103(1): Contractual Provision Agreed Upon Before Cause of Action Accrued May Not Extend Statute of Limitations Notwithstanding Contrary Intent of Parties, Thomas A. Leghorn

GOL § 5-1311(1)(a)(1): Remedy of Specific Performance with Abatement Available to Purchaser Notwithstanding Material Destruction of Property, Jeffrey S. Lichtman

Golden Parachute Agreements: Cushioning Executive Bailouts in the Wake of a Tender Offer, Joseph F. Haggerty

Good News Club v. Milford Central School: A Critical Analysis of the Establishment Clause as Applied to Public Education, Rebecca A. Valk

Gottschalk v. Benson--The Supreme Court Takes a Hard Line on Software, Howard F. Mandelbaum

Governmental Liability Under Section 1983 and the Fourteenth Amendment After Monell, Thomas M. Dawson

Government as Patron or Regulator in the Student Speech Cases, Josh Davis and Josh Rosenberg

Government Employment and the Homosexual (Norton v. Macy, Morrison v. State Board of Education), St. John's Law Review

Governor Ryan's Capital Punishment Moratorium and the Executioner's Confession: Views from the Governor's Mansion to Death Row, Norman L. Greene, Governor George H. Ryan, Donald Cabana, Jim Dwyer, Martha Barnett, and Evan Davis

Grand Jury's Right to Demand Handwriting Exemplars (United States v. Doe (Schwartz)), St. John's Law Review

Granting Comity its Due: A Proposal to Revive the Comity-Based Approach to Transnational Antisuit Injunctions, Haig Najarian

Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon

Greco-Roman Legal Analysis: The Topics of Invention, Michael Frost

Gregory K.: Child Standing in Parental Termination Proceedings and the Implications of the Foster Parent-Foster Child Relationship on the Best Interests Standard, Claudio DeBellis and Marta B. Soja

Grokster Not the "Spirit in the Sky" Innovators Long for: Uncertain Protection "Forever Young" Since the Birth of Peer-to-Peer, Brad Polizzano

Group Legal Services: The Ethical Traditions and the Constitution, St. John's Law Review

Guardian of the Public Interest: An Alternative Application of the Fair Use Doctrine in Salinger v. Random House, Inc., Catherine A. Diviney

Guidelines Established for Attorney's Fees Recoverable When Indemnitor "Leaves" Indemnitee, St. John's Law Review

Guilty Until Proven Innocent? Protections for Innocent Owners in Civil Forfeiture Cases Under 21 U.S.C. § 881(a) and New York's CPLR Article 13-A, Joseph A. Brintle and Glenn M. Katon

Gulf War Syndrome--Is Litigation the Answer?: Learning Lessons From In Re Agent Orange, Joseph M. Guzzardo and Jennifer L. Monachino

Gun Control (United States v. 16,179 Molso Italian .22 Caliber Winlee Derringer Convertible Starter Guns), St. John's Law Review

Guns and Intimate Violence: A Constitutional Analysis of the Lautenberg Amendment, Ashley G. Pressler

Habeas Corpus Bores A Hole In Prisoners' Civil Rights Actions--An Analysis of Preiser v. Rodriquez, John Flannery

Habeas Corpus--Exhaustion of Remedies (United States ex rel. Nelson v. Zelker), St. John's Law Review

Hang on to Your Hats! Terry Into the Twenty-First Century, Eric L. Muller

Harassment Violation Conviction Cannot Be the Basis for the Use of Collateral Estoppel in a Subsequent Civil Action, Jack Wilk

Hard Cases Make Good Law: The Intellectual History of Prior Acquittal Sentencing, Claire McCusker Murray

Harmful Speech and True Threats: Virginia v. Black and the First Amendment in an Age of Terrorism, Nina Petraro

Harmless Error: The Need for a Uniform Standard, Fred P. Boy III

Hasbro, Inc. v. Lanard Toys, Ltd.: G.I. Joe Emerges from Trademark Wars Victorious but Second Circuit Continues Search for Appropriate Scope of Review, Patrick J. Corcoran

Has Congress Learned Its Lesson? A Plain Meaning Analysis of the Private Securities Litigation Reform Act of 1995, Steven J. Spencer

Has New York Effectively Challenged Delaware's Market Dominance With Recent Amendments to the New York Business Corporation Law?, Renee L. Crean

Have We Gone Far Enough? Children Who Are Sexually Abused and the Judicial and Legislative Means of Prosecuting the Abuser, Timothy J. McCarvill and James M. Steinberg

Hazlewood School District v. Kuhlmeier: Has the Schoolhouse Gate Shut on the Marketplace of Ideas?, Bennett R. Katz

Healing the Sick Institutions, Kipp Watson

Healthcare Insurance, AIDS and the ADA, Catherine Hanssens

Health Care Reform and ERISA, Eliot L. Engel

Hearing Not Required Prior to Reduction of Social Security Survivors' Benefits (Frost v. Weinberger), Benjamin Mahler

"Help, I've Fallen and Can't Get Up!": New York's Application of the Substantial Factor Test, David Jakubowitz

Heroin, Marijuana and Crime: A Socio-Legal Analysis, St. John's Law Review

Hirsute Jurisprudence: An Essay in Constitutional Methodology, Joseph E. Fortenberry

HIV-Positive Medical Practitioners: Legal and Ethical Obligations to Disclose, Emmanuel O. Iheukwumere

HIV-Specific Knowing Transmission Statutes: A Proposal to Help Fight an Epidemic, David Kromm

Holding That An Insurance Company Had No Duty to Disclose a Life-Threatening Medical Condition Highlights the Need for a New Approach, Ronald Palmese Jr.

Hold Separate Orders in Horizontal Acquisitions--Judicial Refuge Behind a Remedial Façade: FTC v. Weyerhaeuser, Kevin J. Lyons

Holistic Jurisprudence: Law Shaped by People of Faith, Kenneth A. Sprang

Holmes's Language of Judging--Some Philistine Remarks, Thomas Grey

Home Owner Association Assessment Litigation in New York--An Overview, Patrick J. Rohan and John P. Healy

Home-Schooling in Pennsylvania: A Prayer for Parental Autonomy in Education, Stephanie M. Tabone

Honoring International Obligations in U.S. Trademark Law: How the Lanham Act Protects Well-Known Foreign Marks (And Why the Second Circuit Was Wrong), Lee Ann W. Lockridge

Horn v. Thoratec Corp., A "Heartless" Decision: Why Pre-Market Approval Does Not Preempt All State Tort Claims Against Medical Device Manufacturers, Lisa Butler

How and Why Standardized Tests Systematically Underestimate African-Americans' True Verbal Ability and What to Do About It: Towards the Promotion of Two New Theories with Practical Applications, Dr. Roy Freedle

How Congress Paved the Way for the Rehnquist Court's Federalism Revival: Lessons from the Federal Partial Birth Abortion Ban, Neal Devins

How on Earth Can You Possibly "File" an Oral Complaint?: An Analysis of the Boundaries of § 215(A)(3) of the Fair Labor Standards Act, Scott C. Ross

How Sufficient Is the "Sufficient Connection Test" in Granting Fourth Amendment Protections to Nonresident Aliens?: United States v. Verdugo-Urquidez, Michael J. Tricarico

How Tarhaqa Allen v. New York City Police Department Jumped the Gun by Limiting Protective Searches to Outer Clothing, Anne Marie Esposito

How the Sandoval Ruling Will Affect Environmental Justice Plaintiffs, John DiBari

Huckaby v. New York State Division of Tax Appeals: In Upholding the Current Tax Treatment of Telecommuters, the Court of Appeals Demonstrates the Need for Legislative Action, Meredith A. Bentley

Human Rights, International Law and Domestic Courts, Judge Edward D. Re

Human Rights, Transitional Societies and Police Training: Legitimating Strategies and Delegitimating Legacies, Mary O'Rawe

Hurry Up and Wait: Negative Statutes of Limitation in the Government Tort Liability Setting, John Martinez

Hynes v. Tomei: The New York Court of Appeals Declares Certain Plea Provisions of the New York Capital Punishment Statute Unconstitutional as They Needlessly Encourage Guilty Pleas by Allowing Criminal Defendants to Avoid the Possibility of a Death Sentence by Waiving Their Fifth and Sixth Amendment Rights, David Guadagnoli

Idealized Images of Science in Law: The Expert Witness in Trial Movies, David S. Caudill

Ideology, Due Process and Civil Procedure, Kenneth J. Vandevelde

Ignorance or Mistake of Law--Will the Memory Ever Fade?: People v. Marrero, Athy Poulos-Mobilia

Illinois Brick: The Death Knell of Ultimate Consumer and Antitrust Suits, Lisabeth Harrison

Illusions of Justice: Who Represents the Victim?, Judith Rowland

Immigration Policy and International Students: A Threat to National Security, Victor C. Johnson

Immunized Testimony Admissable in Subsequent Prosecution (United States v. Tramunti), Stephen Fox

Impact of the Acquisition Indebtedness Provisions of the Tax Reform Act of 1969 on Corporate Mergers, Leonard L. Silverstein

Impact of the Acquisition Indebtedness Provisions of the Tax Reform Act of 1969 on Corporate Mergers, Leonard L. Silverstein

Impasse Resolution in Public Sector Collective Bargaining--An Examination of Compulsory Interest Arbitration in New York, Arvid Anderson, Eleanor Sovern MacDonald, and John F. O'Reilly

Impeachment of Jury Verdicts: Tanner v. United States and Beyond, James W. Diehm

Impeachment of Partial Verdicts, Daniel J. Kornstein

Implicit Approval of Incidental Interception Under Title III (United States v. Masciarelli), Christin Kunz Martell

Implied Consent in Intoxication Tests: A Flawed Concept, Penn Lerblance

Implied Private Right of Action Recognized Under the Investment Advisers Act (Abrahamson v. Fleschner), Denise M. Dalton

Implied Repeal of the Sherman Act Via the Williams Act: Finnegan v. Campeau Corp., William T. Reid IV

Improving Adult Outcomes for Former Foster Youth: California's State-funded Transitional Housing Placement Plus (THP-Plus) Program, Sara Kimberlin, Amy Lemley, and Michele Byrnes

Improving Arbitration Under the U.S.-Israel Free Trade Agreement: A Framework for a Middle-East Free Trade Zone, Avraham Azrieli

Improving Jury Comprehension in Complex Civil Litigation, Committee on Federal Courts of the New York State Bar Association

Improving New York's New Criminal Procedure Law, Frederick J. Ludwig

Improving Our Patent System for a Stronger America, Carlos J. Moorhead

Impulse, Aggression and Sexuality in the XYY Syndrome, John Money

Inaugural Hon. Joseph W. Bellacosa Distinguished Jurist-In-Residence Lecture, Hon. Judith S. Kaye

Income in Respect of a Decedent, Gilbert P. Verbit

Income Taxation: Controlled Corporations--Allocation of Income, St. John's Law Review

Income Tax Refund Part of Bankrupt's Estate (In re Kokoszka), St. John's Law Review

Incompetency and the Responsibility of Courts and Law Schools, Robert L. Clare Jr.

In Defense of the Class Action Lawsuit: An Examination of the Implicit Advantages and a Response to Common Criticisms, Katie Melnick

Indemnity Contracts, St. John's Law Review

Individual Judges' Practices: An Inadvertent Subversion of the Federal Rules of Civil Procedure, Myron J. Bromberg and Jonathan M. Korn

Individual Responsibility and Accountability: American Watchwords for Excellence in Health Care, Harvey F. Wachsman

Industry and Social Responsibility (Introductory Remarks for the Second Panel), Mary L. Lyndon

Infringement and Assembly Abroad--Patent Protection Takes a Vacation in Deepsouth, Neil M. Zipkin

In Honor of William J. Brennan, Jr., Daniel J. O'Hern

Injunctive Relief and the NLRB, Marvin Roth

Injunctive Relief for Trademark Infringement--The Second Circuit Misses the Mark: Home Box Office v. Showtime/The Movie Channel, Frederick P. Alimonti

Injury to Competition/Consumers in High Tech Cases, Stephen D. Houck

In Memoriam: Christopher Lawler, Joseph W. Bellacosa

In Memoriam: Dean John J. Murphy, St. Thomas More Institute for Legal Research

In Memoriam: Dean Mary C. Daly (1947–2008), Rev. Donald J. Harrington C.M., Dr. Julia Upton R.S.M., Andrew J. Simons, John Feerick, Elizabeth Rose Daly, Michael Simons, Rosemary Salomone, Bruce A. Green, Russell G. Pearce, Carole Silver, and Laurel Terry

In Memoriam: Father Tinnely, St. Thomas More Institute for Legal Research

In Memoriam: John J. Murphy, Lawrence H. Cooke

In Memoriam: Michele G. Falkow, Francis A. Cavanagh

In Memoriam: Professor Donald J. Werner, Joseph W. Bellacosa

In Memoriam: Professor Frank S. Polestino, Patrick L. McClsokey

In Memoriam: Professor Joseph J. Beard (1933–2007), Christopher J. Beard, Alan Lyons, Daniel DePompei, Guy Archambault, Douglas D. Scherer, Robert E. Parella, Helene Blue, Jeffrey E. Jacobson, Joseph P. Salvo, Richard Bravo, and Mary C. Daly

In Memoriam: The Reverend Joseph T. Tinnelly, C.M.: Father Tinnelly Remembered, David L. Gregory

In Praise of Antitrust Litigation: The Second Annual Bernstein Lecture, Stephen Calkins

In re Fauziya Kasinga: The United States Has Opened Its Doors to Victims of Female Genital Mutilation, Mary M. Sheridan

In re John C.--An Opportunity for the New York Courts to Save Miranda from the Public Safety Exception, James G. Scotti

In Re Pennie & Edmonds: The Second Circuit Returns to a Subjective Standard of Bad Faith for Imposing Post-Trial Sua Sponte Rule 11 Sanctions, Jeff Goland

In Search of Due Process: Notice in New York Administrative Tax Sales, Paul G. Mackey

In Search of the Feminine Voice: Feminist Discourse in Contemporary Latin American Literature, Alina Camacho-Gingerich

In Search of the Trade-Mark Cases: The Nascent Treaty Power and the Turbulent Origins of Federal Trademark Law, Zvi S. Rosen

Inside Information--Common Law Liability (Schein v. Chasen), St. John's Law Review

Insider Liability Under Rule 10b-5--The Current State of the Law, Victor M. Rosenzweig

Insider Trading and the Misappropriation Theory: Has the Second Circuit Gone Too Far?, Joan K. Martin

Ins. Law § 167(1)(b): Court Incorporates Separate Proceeding Against Insurance Carrier into Underlying Negligence Action, St. John's Law Review

Ins. Law § 167(1): Child's Infancy Will Not Excuse Requirement of Timely Notice to Insurer in Intrafamily claim, John James Lynch

Ins. Law § 167(3): 1976 Amendment Applicable Only to Dole Claims Arising from Accidents Occurring On or After Effective Date, Frank K. Walsh

Ins. Law § 167(3): Insurer Absolved From Defending Dole Claim Against Driver-Spouse Where Passenger-Spouse Is Plaintiff in Main Action, St. John's Law Review

Ins. Law § 167(8): Insurer's Failure to Disclaim Liability or Deny Coverage as Soon as Is Reasonably Possible Does Not Result in Coverage Where the Insurance Carrier Has Insured Neither the Person Nor the Vehicle Involved in an Automobile Accident, Gerald A. Hefner

Ins. Law § 167(8): Insurer's Unexplained 2-Month Delay in Disclaiming Liability Held Unreasonable as a Matter of Law, Richard L. O'Toole

Ins. Law § 167: Party Who Obtained Judgment in Excess of Policy Limits Is Not "Aggrieved" by Insurer's Refusal to Settle within Limits, St. John's Law Review

Ins. Law § 3404: Failure to Provide for Shortened Limitation Period in Fire Insurance Policy Results in Application of the General Six-Year Period, Roger G. Coffin

Ins. Law § 3407: Failure of Insured to File Proof of Loss Within the Required 60-Day Period Constitutes an Absolute Defense Against Lawsuit, Richard A. Spehr

Ins. Law § 3420(f): Requirement of Uninsured Motorist Coverage Does Not Extend to Unregulated Self-Insurers of Police Vehicles, Paul S. Donohue

Ins. Law § 59-a: Unauthorized Act in New York by Agent of Foreign Insurer Held Sufficient Basis for Personal Jurisdiction, St. John's Law Review

Ins. Law §§ 670-77: 90-Day Notice Held "As Soon as Practicable" Under No-Fault, St. John's Law Review

Ins. Law § 671(4): Physical Therapy Expenses and Chiropractic Fees Includable in Calculating No-Fault's "Serious Injury" Threshold, St. John's Law Review

Ins. Law § 671(4): Use of an Interrogatory to Determine Qualification Under No-Fault's Threshold "Serious Injury" Test, St. John's Law Review

Ins. Law § 673(2): No-Fault Insurer's Action for Recovery of First-Party Benefits Deemed an Independent Action Which Accrues 2 Years After Injury If Insured Has Failed to Bring Suit, Edward G. Bailey

Ins. Law § 675: Attorney's Fees Awarded to Compensate for Services Necessary to Substantiate a Prior Claim for Counsel Fees, Richard L. O'Toole

Ins. Law: Insurer Not Liable in Excess Judgment Suit Where Refusal to Defend or Settle Is Based on Good Faith Belief that Policy Had Been Cancelled, St. John's Law Review

Institutional and Organizational Liability for Hazing in Intercollegiate and Professional Team Sports, R. Brian Crow and Scott R. Rosner

Institutional Investors as Lead Plaintiffs: Is There a New and Changing Landscape?, Max W. Berger, John P. ("Sean") Coffey, and Gerald H. Silk

Institutional Purchase Money Financing of Cooperative Apartments, Charles A. Goldstein

Instructing Deadlocked Juries: Use of Second Allen Charge Not Error Per Se (United States v. Robinson), Richard P. Smith

In Support of the Feres Doctrine and a Better Definition of "Incident to Service", Joseph J. Dawson

Insurance Law § 167(3), St. John's Law Review

Insurance Law § 59-a: Jurisdiction Over Foreign Insurer May Not Be Predicated upon the Unauthorized Acts of Its Limited Agent, St. John's Law Review

Integration of the Not-For-Profit Corporation Law and Section 501(c)(3) of the Internal Revenue Code, Jon E. Bischel

Intellectual Property and Code, Lawrence Lessig

Intellectual Property Law and Competitive Internet Advertsing Technologies: Why "Legitimate" Pop-Up Advertising Practices Should Be Protected, James Suh

Intellectual Property Rights and Biodiversity: The Industrialization of Natural Resources and Traditional Knowledge, Mark Ritchie, Kristin Dawkins, and Mark Vallianatos

Intellectual Property Rights as a Trade, Health and Economic Development Issue, Bruce A. Lehman

Intentional Torts, St. John's Law Review

Intercircuit Deference in Diversity Cases: Respect for Expertise or Judical Ventriloquism?, Bruce D. Davis Jr.

Interlocutory Appeal of Class Action Designation (Herbst v. International Telephone & Telegraph Corp.), Thomas A. O'Rouke

Internal Transfers of Control Under Poison Pill Preferred Issuances to Shareholders: Toward a Shareholder Approval Rule, Virginia G. Goelz

International Securities Market: Their Regulation, Manuel F. Cohen

International Society for Krishna Consciousness, Inc. v. Lee: Public Forum Analysis of Airport Restrictions on Speech, Jennifer A. Giaimo and Stacy Plotz Maza

Internet: A Safe Haven for Anonymous Information Thieves?, Peter J. Toren

Interplay of Federal and State Law in Determining Deductible Administration Expenses (Estate of Smith v. Commissioner), Dennis G. Flynn

Into the Wild: The Uneven and Self-Defeating Effects of Bell Atlantic v. Twombly, Jason Bartlett

Intrafamily Torts, St. John's Law Review

Intrafamily Torts, St. John's Law Review

Introduction, Leonard M. Baynes

Introduction, Michael A. Perino

Introduction, David L. Gregory

Introduction, Joseph R. Biden Jr.

Introduction, Mario M. Cuomo

Introduction, Vincent C. Alexander

Introduction, Edward D. Re

Introduction, Letter from the Vice President

Introduction, Albert J. Rosenthal

Introduction, Edward D. Re

Introduction, Warren E. Burger

Introduction, St. John's Law Review

Introduction, St. John's Law Review

Introduction, St. John's Law Review

Introduction, St. John's Law Review

Introduction, St. John's Law Review

Introduction, St. John's Law Review

Introduction, William Proxmire

Introduction, St. John's Law Review

Introduction, St. John's Law Review

Introduction, Robert H. Mundheim

Introduction, Edwin M. Zimmerman

Introduction of Keynote Speaker, Berta E. Hernandez

Introduction of Senator Michael A.L. Balboni: Terrorism and its Impact on Insurance: Legislative Responses and Coverage Issues, Joseph W. Bellacosa

Introduction of the Keynote Presentation, Bernard Reams

Introduction of the Keynote Presentation on First Amendment & Regulatory Concerns by Floyd Abrams, Howard A. White

Introduction of the Panel on First Amendment & Regulatory Concerns, David L. Gregory

Introduction of the Panel on Intellectual Property Issues, Joseph J. Beard

Introduction: Perspectives on Fundamental Freedoms, Editorial Board

Introduction: The Centennial Celebration of the Second Circuit Court of Appeals, James L. Oakes

Introduction: The Voices and Groups That Will Preserve (What We Can Preserve of) Judicial Independence, John Q. Barrett

Introduction to Symposium on Mendel v. Pittsburgh Plate Glass Company, St. John's Law Review

Introduction to Symposium on People of Color, Women, and the Public Corporation: The Sophistication of Discrimination, Cheryl L. Wade

Introduction to the Symposium, Theresa Hughes

Introduction to the Symposium, David L. Gregory and Francis A. Cavanagh

Introduction to The Welfare Workforce: An Interdisciplinary Colloquium; and Organizing Workfare Workers, David L. Gregory and Benjamin Dulchin

Introductory Remarks, Joseph Bellacosa

Introductory Remarks, David L. Gregory

Introductory Remarks, Edward D. Re

Introductory Remarks, Joseph M. McLaughlin

Introductory Remarks: Celebrating the Second Circuit Centennial, Thurgood Marshall

Introductory Remarks: Human Rights and Effective Legal Action, Edward D. Re

Introductory Remarks: The Language of Judging, Lawrence Joseph

Introductory Remarks: Women's Rights as International Human Rights, Nina J. Crimm

Investment Contracts: Expanding Effective Securities Regulations, Jerome M. Selvers

Investment Responsibility of Professional Trustees, Louis D. Laurino

Involuntary Cloning: A Battery, June Mary Zekan Makdisi

Is a "Philosophically Balanced" Supreme Court Possible?, J. James Exon

Is CERCLA Working? An Analysis of the Settlement and Contribution Provisions, Karen L. DeMeo

Is Domestic Violence a Crime?: Intimate Partner Rape as Allegory, Emily J. Sack

Is Email Privacy an Oxymoron? Meeting the Challenge of Formulating a Company Email Policy, Micalyn S. Harris

Is it Time to Change the Rockefeller Drug Laws?, Spiros A. Tsimbinos

"Is Nothing Sacred?": Flag Desecration, The Constitution and The Establishment of Religion, James McBride

Is Religious Ignorance a Crime Against the First Amendment?, Peter Steinfels

Issues Under Federal Rule of Evidence 803(18): The "Learned Treatise" Exception to the Hearsay Rule, Robert F. Magill Jr.

Is There a Constitutional Right to Die? (Introductory Remarks of Panel I), Michael Bryce

Is There a Constitutional Right to Jury Trial of Equitable Defenses in New York?, Bernard E. Gegan

Is There a Role for Tax Law in Policing Executive Compensation?, Susan J. Stabile

Is There High Ground in the Middle of the Road? A Review and Analysis of the Jurisprudence of the Honorable Fritz W. Alexander II, Catherine M. Feehan and Elisa Karnis

Is the Second Amendment an Individual or a Collective Right: United States v. Emerson's Revolutionary Interpretation of the Right to Bear Arms, Michael Busch

Is Trustee Independence a Prerequsite to Deductible Gift-Leaseback Rental Payments?: May v. Commissioner, Nancy Scappaticci

It's Ten O'Clock: Do You Know Where Your Children Are? Qutb v. Strauss and the Constitutionality of Juvenile Curfews, Craig M. Johnson

It Takes More than Cheek to Lose Our Way, Lawrence J. Fox

Ivy League Price-Fixing: Conflict from the Intersection of Education and Commerce, Arthur Austin

Jenkins, the Public Concern Test, and the Need for Limiting Principles in Private Citizen Retaliation Claims, Laura Marino

Jim Crow on the "Down Low": Subtle Racial Appeals in Presidential Campaigns, Leland Ware and David C. Wilson

John Hancock v. Harris Trust: Should Insurers' General Accounts Be Subject to ERISA?, Caroline J. Carucci

John Marshall and We the People, Martin Flaherty

John Marshall: The Formation of a Jurist, Charles Hobson

Johnny Can't Read or Write, But Just Watch Him Work: Assessing the Constitutionality of Mandatory High School Community Service Programs, James C. Farrell

Joint Trials: Judicial Inefficiency?, Lewis Popovski and Jody A. Rudnick

Joseph W. Bellacosa, Our Man for All Seasons, Andrew J. Simons

Judging the Justice in the Television Age, David L. Gregory

Judgments of the United States Supreme Court and the South African Constitutional Court as a Basis for a Universal Method to Resolve Conflcits Between Fundamental Rights, Daniel H. Erskine

Judicary Law § 479: Prohibition Against Attorney Solicitation of Clients Through Third-Party Mailings Held Constitutional, Kevin F. Cavaliere

Judicary Law § 90(4): Conviction of Any Federal Felony Compels Automatic Disbarment, John R. Calcagni

Judicial Activism in Perspective (Judicial Review and the Consent of the Governed: Activist Ways and Popular Ends), Ellen S. Podgor

Judicial Activism on the Rehnquist Court: An Empirical Assessment, David R. Dow, Cassandra Jeu, and Anthony C. Coveny

Judicial and Administrative Remedies Available to the SEC for Breaches of Rule 10b-5, Arnold S. Jacobs

Judicial and Legislative Pronouncements on Citizen-Taxpayer Standing, St. John's Law Review

Judicial Anecdotal Reflections on the Law, Joseph W. Bellacosa

Judicial Birth Control?: The Ninth Circuit's Examination of the Fundamental Right to Procreate in Gerber v. Hickman, Joseph J. Bozzuti

Judicial Examination of Deregulation: Exploring the Boundaries of Executive Discretion, Michael J. Cammarota

Judicial Immunity in Bar Admissions, Katherine Ann Wopat

Judicial Independence in Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris and Wayne E. Penrod

Judicial Limitation of the Employment At-Will Doctrine, Thomas C. Rice

Judicial Limitations on the Rights of Adopted Children to Inherit From Their Natural Relatives as Issue: In re Best, John J. Crowe

Judicial Nominations: A Cooperative Effort, Ronald W. Eades

Judicial Non-Restraint as a Remedy for Judicial Non-Restraint, Allan Axelrod

Judicial Reflections on Today's Legal Education, John T. Noonan Jr.

Judicial Relief for the Newsman's Plight: A Time for Secrecy?, St. John's Law Review

Judicial Review and the Limits of Arbitral Authority: Lessons from the Law of Contract, Paul F. Kirgis

Judicial Review of Administrative Action in New York: An Overview and Survey, Domenick L. Gabrielli and John M. Nonna

Judicial Review of Right-to-Counsel Violations That Occur at Sentencing: The Rule of Automatic Reversal and the Doctrine of Harmless Error, Michael Duvall

Judicial Review Under NEPA, St. John's Law Review

Judicial Selection: Alternatives to the Status Quo in Selection of State Court Judges, Martin I. Kaminsky

Judicial Vacancies and Delay in the Federal Courts: An Empirical Evaluation, Kim Dayton

Judiciary Law § 148-a: Legislature Creates a Medical Malpractice Part in Each Judicial District, St. John's Law Review

Judiciary Law § 190: County Court Held Without Jurisdiction Over Action Against Non-Resident Notwithstanding Service of Summons Pursuant to Vehicle and Traffic Law § 253, St. John's Law Review

Judiciary Law § 217-a: Legislature Sanctions Administrative Vacatur of Default Judgments, St. John's Law Review

Judiciary Law § 495(5): Court of Appeals Limits Scope of Appellate Division's Review of Legal Services Plans, St. John's Law Review

Judiciary Law § 751: Sanctions Appear To Be Effective, St. John's Law Review

Judiciary Law § 753 A: Section Narrowly Construed, St. John's Law Review

Judiciary Law Art. 19: Postjudgment Enforcement Procedures Held Violative of Due Process, St. John's Law Review

Jud. Law § 479: State Constitutionally May Prohibit Attorneys from Soliciting by Mail, Joseph Trovato

Jurisdictional Fair Play and Foreign Defendants: Asahi Metal Industry Co. v. Superior Court, Gail M. Kelly

Jurisdiction of Surrogate's Court Over Inter Vivos Trusts Relating to the Affairs of a Decedent, St. John's Law Review

Juror Competency to Testify That a Verdict Was the Product of Racial Bias, Victor Gold

Juror Conduct Drawing Upon "Common Sense and Everyday Experience" Held Not Improper Even Though It Includes Outside Observations Material to Issue in Point at Trial, Brenda Eng Hom

Jury Need Not Be Instructed as to the Tax-Exempt Status of Personal Injury Awards, St. John's Law Review

Jury Trial in Penalty Action for Deceptive Advertising (United States v. J. B. Williams Co.), Christopher R. Belmonte

Jury Trials and Criminal Prosecutions: "Freedom Lives" (Baldwin v. New York), St. John's Law Review

Jury Trials in Bankruptcy Court: Are There Any Constitutional, Statutory or Practical Limitations?, Anthony G. Bianchi and Stacey Fitzmaurice

Jury Trials in Complex Litigation, Maralynne Flehner

Justice and Care, Robin L. West

Justice Brennan, Peter L. Strauss

Justice Brennan's Supporting Role, Hon. Raymond C. Fisher

Justice Clarence Thomas: Doubt, Disappointment, Dismay, and Diminishing Hope, Rodney K. Smith

Justice Is Hard, Let's Go Shopping! Trading Justice for Efficiency Under the New Aggregate Settlement Regime, Sybil L. Dunlop and Steven D. Maloney

Justice Scalia's Due Process Model: A History Lesson in Constitutional Interpretation, Bethany A. Cook and Lisa C. Kahn

Justice Thomas in Grutter v. Bollinger: Can Passion Play a Role in a Jurist's Reasoning?, Mary Kate Kearney

Justiciability of Presidential War Power (Holtzman v. Schlesinger), St. John's Law Review

Justification and Excuse: What They Were, What They Are, and What They Ought To Be, Eugene R. Milhizer

Just Pucker and Blow?: An Analysis of Corporate Whistleblowers, the Duty of Care, the Duty of Loyalty, and the Sarbanes-Oxley Act, Leonard M. Baynes

Just the Medical Facts: An Argument in Support of the Continued Ban on Physician-Assisted Suicide, James J. Bopp Jr.

Juvenile Justice or Injustice? The Debate Over Reform, Gerald Lebovits

Juvenile Justice or Injustice? The Debate Over Reform, Michael A. Corriero

Juvenile Justice or Injustice? The Debate Over Reform, Jeffrey Fagan

Juvenile Justice or Injustice? The Debate Over Reform, Victor Streib

Kelley v. R.G. Industries, Inc.: Maryland Court of Appeals Takes Shot in the Dark at Saturday Night Specials, Michael A. Knoerzer

Kellis E. Parker Keynote Address, Gregory W. Meeks

Keynote, Barbara Bennett Woodhouse

Keynote Address, Harry Kenneth Woolf

Keynote Address, Eliot Spitzer

Keynote Address, Cardinal Anthony Bevilacqua

Keynote Address, Donna Brazile

Keynote Address, Mark Wynn

Keynote Address, Kenneth W. Starr

Keynote Address, Barbara Bennett Woodhouse

Keynote Address: A Diplomat's Economics Falls Short: Lessons for Development from the Uruguay Round, J. Michael Finger

Keynote Address: Changing the Face of Immigration: A Year in Transition, Stewart Verdery

Keynote Address: Engineering Eden: Investigating the Legal and Ethical Dilemmas of Modern Biotechnology, John D. Murnane Esq.

Keynote Address: Terrorism and its Impact on Insurance: Legislative Responses and Coverage Issues, Michael A.L. Balboni

Keynote Address: The Value of the Religiously Affiliated Law School, Most Rev. James T. McHugh S.T.D.

Kinder, Gentler, and More Capricious: The Death Penalty After Atkins v. Virginia, John F. Romano

Labor Arbitration, the Duty of Fair Representation, and "Union Negligience", Alan Sorkowitz

Labor Law § 222: Held Violative of Privileges and Immunities Clause, Robin E. Eichen and Wayne J. Keeley

Labor Law--Union Coercion of General Contractor Causing Him to Discriminate Against Subcontractor Employees Held Not To Be an Unfair Labor Practice Since the Employees Were Not His Own (Local 447, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry (Malbaff), N.L.R.B. 1968), St. John's Law Review

Landowner Liability Under CERCLA: Is Innocence a Defense?, Ginamarie Alvino

Landowners Held to Single Duty of Reasonable Care Towards All Entrants, St. John's Law Review

Lanham Act Protections Afforded Artistic Work (Gilliam v. American Broadcasting Co.), Joanne T. Marren

Late Claims Filed Against the State Under Section 10(6) of the Court of Claims Act May Be Amended by Leave of Court, Neil A. Abrams

Law and Theology: Reflections on What it Means to be Human from a Franciscan Perspective, Rev. John J. Coughlin O.F.M.

Lawrence v. Texas and Roper v. Simmons: Enriching Constitutional Interpretation With International Law, Holly Arnould

Lawyering for Children: Confidentiality Meets Context, Peter Margulies

Lebron v. National Railroad Passenger Corp. (Amtrak): Another Misapplication of the Public Forum Doctrine, Catherine Smith

Legal Dimensions of Educational Vouchers, Rosemary C. Salomone

Legal Education and Training for the Profession--An Overview, Patrick J. Rohan

Legal, Medical, and Ethical Considerations for the Future of Physician-Assisted Suicide (Introductory Remarks of Panel II), Tanya Hernandez

Legal Service Plans--Coming of Age, Gerald E. Singleton

Legal Writing as Good Literature, Edward D. Re

Legislature Amends New York's No-Fault Statute, St. John's Law Review

Legislature's Attempt to Meet Medical Malpractice Crisis, St. John's Law Review

Lesser Included Crimes Under Felony Murder Indictments in New York: The Past Speaks to the Present, Bernard E. Gegan

Lessons From Thomas More's Dilemma of Conscience: Reconciling the Clash Between a Lawyer's Beliefs and Professional Expectations, Blake D. Morant

Lessons of Competition Policy Reform in Transition Economies for U.S. Antitrust Policy, William E. Kovacic

Let's Not Bury Terry: A Call for Rejuvenation of the Proportionality Principle, Christopher Slobogin

Let Us Pray (But Not "Them"!): The Troubled Jurisprudence of Religious Liberty, David L. Gregory and Charles J. Russo

Leveling the Playing Field: Helping Students Succeed by Helping Them Learn to Read as Expert Lawers, Laurel Currie Oates

Levin v. Commerce Energy: One Step Forward, One Step Back, Marshall Broad

Lex Sportiva: Thoughts Towards a Criminal Law of Competitive Contact Sport, Christo Lassiter

Liability Limitations of Warsaw Convention Applicable to the Carrier's Employees (Reed v. Wiser), Christopher Manno

Liability of Media Companies for the Violent Content of Their Products Marketed to Children, Jonathan M. Proman

Liberty and Authority: Two Facets of the Inculcation of Virtue, Stanley Ingber

Licensing a Lie: The Privilege Attached to the Form U-5 Should Reflect the Realities of the Workplace, Dayna B. Tann

Like Father Like Son? The Constitutionality of New York's Son of Sam Law, Andrew Michael Lauri and Patricia M. Schaubeck

Limitation on Exemptions from Deportation (Reid v. Immigration and Naturalization Service), Sanders L. Kurtz

Limited Liability Companies: A Critique, Rachel Maizes

Limited Liability Companies: The Optimal Business Organization for the Twenty-First Century?, Scott Kapusta and Brian Nichols

Limited Partners Limit the Availability of Federal Diversity Jurisdiction: Stouffer Corp. v. Breckenridge, Carol B. Kane

Limiting a Regulated Pass-On Exception to Illinois Buick, James S. Helfrich

Limiting the Availability of Habeas Corpus Relief for Burden-Shifting Errors--Fourth Circuit Avoids Harmless Error Analysis With a Fundamentally Unfair Standard: Fulton v. Warden, Maryland Penitentiary, Steven M. Post

Listeners' Rights: Public Intervention in Radio Format Changes, Joanne Welty

Local Zoning Ordinance Violative of Equal Protection (Boraas v. Village of Belle Terre), St. John's Law Review

Locke v. Davey and the Death of Neutrality as a Concept Guiding Religion Clause Jurisprudence, Shannon Black

Longshoremen's Personal Injury Actions Under the 1972 Amendments to the Lonshoremen's and Harbor Workers' Compensation Act, James M. Hazen and John M. Toriello

Lucidity Sinks as These Twain Converge: Keeping Pickering Afloat Despite Locurto v. Giuliani and Melzer v. Board of Education, Mary K. McCann

Lucky Strike for Tobacco Plaintiffs: Dewey v. R.J. Reynolds Tobacco Co., Carol L. Moore

Lustigman v. Harris Publications, Inc.: New York Supreme Court Permits an At-Will Employee to Maintain a Cause of Action for Fraudulent Inducement Against the Employer, Pamela A. Nadler

Mack v. Otis Elevator: Creating More Supervisors and More Vicarious Liability for Workplace Harassment, Jodi R. Mandell

Magistrate Trials: The New Hierarchy of Class 2 Adjuncts and Article III Judges, Eric M. Wagner

Mail Fraud and the Good Faith Defense, Michael McDonough

Maintaining Impartiality: Does Media Coverage of Trials Need to Be Curtailed?, Brian V. Breheny and Elizabeth M. Kelly

"Make the Ring in Your Mind" (Making All the Difference: Inclusion, Exclusion, and American Law; and The Alchemy of Race and Rights), Emily Fowler Hartigan

Making a Killing in Real Estate: Solving the Mystery of Murder's Effect on Tenancy by the Entirety in New York—A Legislative Solution, Kathleen Reilly

Making Faretta v. California Work Properly: Observations and Proposals for the Administration of Waiver of Counsel Inquiries, Michael J. Kelly

Making It a Federal Issue: The Unjustifiable Expansion of Federal Common Law to Corporate Successor Liability Under CERCLA, Stepahnie A. Rotter

Making Judicial Nominees Answer Senate Questions, John Paul Jones

Making Rapists Pay: Lessons from the Bosnian Civil War, William M. Walker

Making the Establishment Clause in Reasonable Observer Cases More Reasonable, Marla A. DeGaetano

Mandatory Continuing Legal Education in Minnesota: The First Year, John P. Bryon

Mandatory Court-Annexed Alternative Dispute Resolution in the United States Federal Courts: Panacea or Pandemic?, Ettie Ward

Mandatory HIV Testing: An Orwellian Proposition, Kellie E. Lagitch

Maritime Agreements with State Traders, Jon Magnusson

Marketing Resort Timeshares: The Rules of the Game, James J. Scavo Esq.

Market-Makers, Manipulations and Shell Games, Harold S. Bloomenthal

Market Share Liability--Did New York Go Too Far?: Hymowitz v. Eli Lilly & Co., William D. Wilson

Martinez v. Long Island Jewish Hillside Medical Center, Emotional Distress Compensation Without a Physical Manifiestation of the Harm: Has New York Gone Too Far?, Edward M. Pinter

Martin v. City of Del City: A Lost Opportunity to Restore the First Amendment Right to Petition, Rebecca A. Clar

Matimak Trading Co. v. Khalily: The Framers Dishonored, Michael Alessi

McCray v. Abrams: An End to Abuse of the Peremptory Challenge?, Ralph W. Norton

"McDuffy Is Dead; Long Live McDuffy!": Fundamental Rights Without Remedies in the Supreme Judicial Court of Massachusetts, Alan Jay Rom

Measure of Damages for Insider Trading: Elkind v. Liggett & Meyers, Inc., William K. Sanders

Media: Asset or Liability? An Argument in Favor of Holding the Media Liable for Invasion of Privacy, Allison L. Lampert and William Kirrane

Media Lament--The Rise and Fall of Involuntary Public Figures, Mark L. Rosen

Medicaid Assistance for Elective Abortions: The Statutory and Constitutional Issues, Zave M. Unger

Medicaid Planning Under Mental Hygiene Law Article 81, Neil V. Carbone

Medical Malpractice--The Insurance Scene, Dunbar R. Uhthoff

Medical Malpractice Tort Claim Accrual (Toal v. United States), St. John's Law Review

Megan's Law Should Survive the Latest Round of Attacks, Donna-Marie Korth

Memo on Binary Economics to Attorneys for Women and People of Color Re: What Else Can Public Corporations Do for Your Clients?, Robert Ashford

Memorial Tribute to Dean John J. Murphy, Edward D. Re

Merck and the Vioxx Debacle: Deadly Loyalty, David R. Culp and Isobel Berry

Merger Control in the United States and the European Union: Some Observations, Thomas E. Kauper

Mergers, Diversification, and Growth of Large Firms: 1948--1965, Raymond Piccini

Mergers--The Accountant as a Creative Artist, Lee J. Seidler

Merging Without Purging: Incentivizing Boards of Directors to Promote Diversity Through M & A, Hayley Buckridge

Miching Mallecho: The Tax Reformers' Sneak Attack on Conglomerates, Daniel Candee Knickerbocker Jr.

Mickens v. Taylor: The Court's New Don't Ask, Don't Tell Policy for Attorneys Faced With a Conflict of Interest, Jeffrey Scott Glassman

Military Justice and the Right to Counsel (S. Sidney Ulmer), Ramon A. Klitzke

Military Participation in United States Law Enforcement Activities Overseas: The Extraterritorial Effect of the Posse Comitatius Act, Deanne C. Siemer and Andrew S. Effron

Military Rights Under the FTCA, St. John's Law Review

Miller v. California: A Cold Shower for the First Amendment, Beverly G. Miller

Mills v. Health Care Service Corporation: Are "Background Circumstances" too Much to Ask of a Plaintiff Alleging Reverse Discrimination in Employment?, Susan C. Thies

Minority Admissions to Law School: More Trouble Ahead, and Two Solutions, Jeffrey Evans Stake

Miranda Survives to be Heard: Dickerson v. United States, James T. Pisciotta

Miranda Warnings Not Required When Motorist Charged with Driving While Intoxicated Is Requested to Submit to Chemical Testing, Jayne B. Schumer

Mission Possible: A Paradigm for Analysis of Contractual Impossibility at Regent University, C. Scott Pryor

Missouri v. Seibert: The Multifactor Test Should Be Replaced with a Bright-Line Warning Rule to Strengthen Miranda's Clarity, Seth Goldberg

Misuse and Abuse of the LSAT: Making the Case for Alternative Evaluative Efforts and a Redefinition of Merit, Phoebe A. Haddon and Deborah W. Post

Misuse of the Law School Admissions Test, Racial Discrimination, and the De Facto Quota System for Restricting African-American Access to the Legal Profession , John Nussbaumer

Mixed Speech: Inequities that Result from an Ambiguous Doctrine, Scott Wellikoff

Modern Discovery: Remarks from the Defense Bar, Nicholas deB. Katzenbach

Modern Environmental Insurance Law: "Sudden and Accidental", Seth A. Ribner

Modifying the Ministerial Exception: Providing Ministers with a Remedy for Employment Discrimination Under Title VII While Maintaining First Amendment Protections of Religious Freedom, Lauren P. Heller

Money Talks and Policy Walks: The Influence of the Campaign Funding Process Upon Administrative Agency Decisions, James T. O'Reilly

More Cases of Depraved Mind Murder: The Problem of Mens Rea, Bernard E. Gegan

Morphine or Malpractice: Should Courts Recognize a Legal Duty to Prescribe Opiates for Treating Chronic Pain, Michael J. Reynolds

Moseley v. Secret Catalogue, Inc.: Redefining the Scope of the Federal Trademark Dilution Act, Vadim Vapnyar

Mothers and Significant Others: Parental Standing to Seek Visitation Rights in the Best Interest of the Child, Susan Gross Goldstein and Christopher J. Soltys

Motion to Reargue May Not Be Used to Extend Time to Appeal, St. John's Law Review

Motor Vehicle Liability Insurance: A Brief History, Robert E. Helm

"Mr. Scalia's Neighborhood": A Home for Minority Religions?, Antony Barone Kolenc

Multidisciplinary Practices: The Ultimate Department Store for Professionals, Corinne N. Lalli

Multiple-Punishment and the Double Jeopardy Clause: The United States v. Ursery Decision, Adam C. Wells

Multistate Taxation of Depositories: An Analysis of Legislation Proposed by the American Bar Association, Jacob L. Todres

Municipal Incorporation Criteria Set By Townships Are Not Preempted By Village Law, Ricardo H. Piedra

Municipal Labor Perspectives on the Public Sector Welfare Workforce in New York City, Mary J. O'Connell

Must Profits Made in Transactions Involving Late-Delivered Goods Be Deducted from the Injured Party's Breach Damages? If Not, What Impact Should Late-Delivered Goods Have?, Alan I. Saltman

National Review of WTO Dispute Settlement Reports: In the Name of Sovereignty or Enhanced WTO Rule Compliance?, Matthew Schaefer

National Treasury Employees Union v. Federal Labor Relations Authority: Who Is Determining Our National Labor Policy?, Rhea Floersheimer

Natural Born Killers: The Assault Weapons Ban of the Crime Bill--Legitimate Exercise of Congressional Authority to Control Violent Crime or Infringement of a Constitutional Guarantee?, Kevin A. Fox and Nutan Christine Shah

Natural Resources Damages under CERCLA: Here They Come, Ready or Not, Andrew J. Simons and James M. Wicks

Nature of Substantial Question Required for Three-Judge District Court (Nieves v. Oswald), St. John's Law Review

Negation of Factors Upon Which Defendant-Psychiatrist's Judgment Was Premised Is Necessary to Establish Prima Facie Case of Medical Malpractice, Alessandro F. Marra

Negligence Sufficient to Establish Aiding and Abetting Liability in SEC Enforcement Actions Under § 17(a) of the Securities Act of 1933 (SEC v. Coven), John R. Calcagni

"New Age" or New Testament?: Toward a More Faithful Interpretation of "Religion", m. elisabeth bergeron

New Communities in the United States--A Survey, Curtis J. Berger

New Federal Rule 26: A Litigator's Perspective, Peter M. Fishbein

New Ideas in the Vacation Home Market, Frank L. Amoroso

New Jersey Blurs the Contours of the "Substantial Certainty" Standard: Millison v. E.I. Du Pont de Nemours & Co., Vincent B. Tritto

New Jersey Creates a New "Semi-Public Figure" in Defamation Actions: Sisler v. Gannett Co., Inc., Helen W. George

New Light on an Old Debate: Negligence v. Scienter in an SEC Fraud Injunctive Suit, Dennis P. Orr

New Wine, New Bottles: Private Property Metaphors and Public Forum Speech, Marie A. Failinger

New York City Health and Hospitals Corporation v. Perales: Unclear Congressional Intent, Permissable Agency Interpretation, Christopher P. Parnagian

New York County Supreme Court Expands the Continuous Relationship Doctrine to Toll the Statute of Limitations, Kevin Murphy

New York County Supreme Court Refuses to Apply Discovery Rule to Case Brought by Victim of Childhood Sexual Abuse After Expiration of Statute of Limitations, Melanie Mandery

New York Court of Appeals Adopts Standard Deferential to Trial Courts in Assessing Prosecution's Explanations for Exercise of Peremptory Challenges, Kevin C. George

New York Court of Appeals Adopts the Present Sense Impression Exception to the Rule Against Hearsay, Rose Margaret Casey

New York Court of Appeals Commingles Two State Constitutional Provisions to Suppress Station-House Confession Procured Following an Illegal Arrest, Maryann Gianchino

New York Court of Appeals Concludes Law Enforcement Officials Must Have Reasonable Suspicion that a Residence Contains Illegal Drugs Before Conducting a "Canine Sniff" of the Premsies, Mark A. Varrichio Jr.

New York Court of Appeals Creates an Exception to Employment At-Will Doctrine for Attorneys Who Blow the Whistle on Unethical Colleagues, Sharon Garb

New York Court of Appeals Declares an Open Field Posted with "No Trespassing" Signs Protected from Warrentless Searches and Seizures under the New York State Constitution, Carolyn Austin

New York Court of Appeals Excludes the Failure to Establish a Course of Treatment from the Continuous Treatment Doctrine, Richard J. Hoffman

New York Court of Appeals Holds for the First Time That an X-Ray Is a Writing Subject to the Best Evidence Rule, Thererby Admitting Secondary Evidence to Describe the Contents of a Lost X-Ray, Anthony J. Albanese

New York Court of Appeals Holds Prosecutor May, without Court Approval, Ask Grand Jury to Vacate Indictment before It Is Filed in Order to Present Additional Evidence, Craig A. Damast

New York Court of Appeals Holds that Claimant Under SEQRA Must Show Special Injury to Establish Standing to Challenge Environmental Assessment Performed by Local Agency, Christopher P. Malloy

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