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Superseding the District Attorneys in New York City - The Constitutionality and Legality of Executive Order No. 55

a political controversy. See 1894 Public Papers of Governor Flower 65. 27. Law of Feb. 28, 1894, ch. LXVIII, [1894] N.Y. Laws 162. 28. See N.Y. Exec. Law § 63(2) (McKinney 1972). 29. The language of ... occasion, Governor Lehman refused to supersede the Bronx County District Attorney merely because of the latter's "close political and personal associations" with the subject of the grand jury investigation

Reconciling Strict Liability with Corrective Justice in Contract Law

Benson, Contract,in A Companion to Philosophy of Law and Legal Theory 24 (Dennis Patterson ed., 1996); Peter Benson, The Idea of a Public Basis ofJustificationfor Contract,33 Osgoode Hall L.J. 273 (1995 ... ) [hereinafter Benson, The Idea of a Public Basis of Justificationfor Contract]; Peter Benson, The Philosophy of Property Law, in The Oxford Handbook of Jurisprudence and Philosophy of Law 752 (Jules Coleman

Labor Values Are First Amendment Values: Why Union Comprehensive Campaigns Are Protected Speech

civil rights protesters pursuing “political” goals would have a much stronger claim to First Amendment protection. In NAACP v. Claiborne Hardware Co.,11 the Supreme Court held that the First Amendment ... Hardware Court went on to state that tactically similar labor speech aimed at achieving traditional union goals fell somewhere lower down the ladder because labor’s goals are “economic” rather than political

Putting the Gun Control Debate in Social Perspective

constitutional convention now, would a provision like the Second Amendment remain? Putting the issue this way requires that the issue of guns be put in a larger social and political context. The reality, of ... opposing it. There will be a gender divide, with more men than women wanting constitutional protection for gun ownership. The political context is ironic. Conservatives, who generally favor more narrow

Discounting Accountability

, judges still defer, but this time to politics, and only if the original understanding of the text or a later interpretation of that text was resolved openly as a normative matter in the political process ... ; therefore, judges need not concern themselves with a responsibility or accountability gap. Thus, according to Lessig, openly normative political decisions and scientific predicates both earn deference in

Forty Years of European Integration: Steps Forward and Some Missed Opportunities

INTRODUCTION When I started my professional life in the European institutional world, in 1975, Europe was slowly emerging from the economic difficulties and the political implications of the 1973 oil crisis ... Spring of 1990. The fall of the Berlin wall, late in 1989, and its implications for Europe’s political environment had convinced the European leaders of the need to start a second project, besides the one

Approaching Comparative Company Law

companions to the globalization of social, political and economic activity. The course of economic and political developments in recent decades has thus increased the amount of comparative law taking place at ... regulatory net over such foreign activities. As discussed in Part II.C, countries in Continental Europe may indeed have legislatively disfavored capital markets, but this was part of a political choice to

Constituting We the People

the sort we have in the United States is important only if being connected to a historically constructed political community is a fundamental human good or aspect of the human condition. Families and ... neighborhoods differ from larger political communities. In a family or neighborhood you are responsible for and constrained by people who you know personally. Larger political communities differ in two ways. Only

“Natural Born” Disputes in the 2016 Presidential Election

jurisdiction broadly. But good reasons exist for construing such jurisdiction narrowly—after all, voters, political parties, the Electoral College, and Congress all may scrutinize whether a candidate is a ... party candidate from the ballot on such grounds yet, the procedural wrangling and political uncertainty surrounding the issue may counsel in favor of a simpler, easy-to-administer standard for future

If at First You Don't Succeed: Vote, Vote Again: Analyzing the Second Referendum Phenomenon in EU Treaty Change

the failed Constitutional Treaty, the stakes were high and the investment of Member States and the European Union (“EU”) institutions in its success was substantial.4 A great deal of political time ... measure of political and intellectual skepticism about the suitability of popular referenda as instruments of constitutional reform.26 Such mistrust of the popular referendum as a decision-making mechanism

A Case Study In Fiscal Federalism: New York City And New York State

and less sensible. For example, the growth of huge urban areas, which everywhere cross county lines, and in the northeast, where they cross state lines, mocks rational political and economic decision ... reflected in either the distribution of political power or the distribution of resources and responsibilities of the public economy. This concentration is particularly striking in light of the fact that fully

Lehnert v. Ferris Faculty Association: Accounting to Financial Core Members: Much A-Dues About Nothing?

. Hanson, 351 U.S. 225, 238 (1956). 9. The term "dues objector" will be used to describe both financial core members and nonmembers who object to a union's use of dues money for political or other purposes ... . It is essential that the reader keep in mind the grave crisis-in economic, social, and political terms-then facing the United States federal government. As one historian notes, "[d]uring the two worst

Agenda: The Duty of Confidentiality and Harm To Others: Group #6

religious guidance to avoid harm only after we have considered principles of contract and agency as well as moral and ethical beliefs derived from philosophy, personal experience, and community standards

Rebellious or Regnant: Police Brutality Lawyering In New York City

lawyers is doing to combat this problem and for the rebellious spark that drives their work.' The problem of police brutality is perhaps the most pressing social and political issue in New York City today ... storytellers must combine multiple perspectives and create a coherent narrative, and the resulting ethical and political implications); Gerald P. Lopez, Reconceiving Civil Rights Law Practice:Seven Weeks in the

Breaking New Ground: Using Eminent Domain for Economic Development

political process coupled with rational basis judicial review of legislative determinations of public use are appropriate safeguards against abuses of eminent domain and adequately protect individual ... been interpreted that way); infra text accompanying notes 168-69. 29. See William Michael Treanor, The Original Understanding of the Takings Clause and the Political Process, 95 Colum. L. Rev. 782, 791

The Uncomfortable Truths and Double Standards of Bribery Enforcement

include: (i) a variety of direct and indirect corporate interactions with U.S. political actors; (ii) corporate interaction with U.S. healthcare providers; and (iii) corporate hiring practices. Through ... charged with using corporate funds for illegal domestic political contributions. The Commission recognized that these activities involved matters of possible significance to public investors, the

Presidential Disability and the Twenty-Fifth Amendment: The Difficulties Posed By Psychological Illness

of the said office, the same shall devolve on the vice-president.”2 * Robert E. Gilbert is the Edward W. Brooke Professor of Political Science at Northeastern University. He is the author of four books ... and numerous journal articles published in the United States and abroad. His main teaching and research interests are in American politics, specifically, the presidency, the media, political parties

"A Mere Pretense of Justice": Complementarity, Sham Trials, and Victor's Justice at the Rwanda Tribunal

political. This Article begins by sketching the background of the recent RPF trial, focusing on domestic impunity for RPF crimes and strained relations between Rwanda and the ICTR. It next describes and ... .pdf. their family member by RPF soldiers in July 1994.35 The gacaca president and local officials told them not to confuse that with genocide and to take their allegations to the local political

Maintaining Power by Manipulating Memory in Rwanda

I. INTRODUCTION Rwanda’s president, Paul Kagame, is among the world’s most polarizing political figures.2 To some, he is a heroic military leader who stopped Rwanda’s 1994 genocide, then transformed ... government is oppressing its own people, we are at least indirectly complicit. Legal scholars and human rights activists who have written about political oppression in contemporary Rwanda tend to focus on

WALKING A TIGHTROPE: REDRAWING CONGRESSIONAL DISTRICT LINES AFTER SHAW V. RENO AND ITS PROGENY

. Congress enacted the VRA in 1965 as a response to the array of discriminatory devices that southern jurisdictions used to deny Blacks political participation after the passage of the Fifteenth Amendment.3 ... . § 1973 (1998). Section 2 provides: (a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner