Tag Archives: Issue 1

The Crimes of Crime Labs

In November 2005, a man was convicted in New York City for a thirty-two-year-old rape. The circumstances were quite unusual, even for cold cases. The original 1974 trial had ended in a hung jury, and the defendant had jumped bail … Continue reading

Posted in Ideas | Tagged , , , | Leave a comment

Interpreting Searches of Pretrial Releasees Through the Lens of the Fourth Amendment Special Needs Exception

The Fourth Amendment of the United States Constitution, in pertinent part, guarantees, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and that “no Warrants shall issue, but upon … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

The Consequences of Arbitrating a Legal Malpractice Claim: Rebuilding Faith in the Legal Profession

Legal malpractice suits are a wide-spread phenomenon that negatively affects all who must address the adequacy and competency of counsel. For the client, legal malpractice is an additional dispute in need of resolution. It forces the client to pass judgment … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

The Use of Mackinnon’s Dominance Feminism to Evaluate and Effectuate the Advancement of Women Lawyers as Leaders Within Large Law Firms

Feminist legal theory offers several approaches to understanding the problems and challenges confronting women attorneys seeking advancement in today’s large law firms. However, the critical question is whether it also provides a strategy for progress. This author argues that it … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

“Wide Open”: Nevada’s Innovative Market in Partnership Law

A decade ago, as the Revised Uniform Partnership Act (“RUPA”) was being drafted, I wrote an article questioning whether the act should be retroactive in application. As drafted, RUPA applies to pre-existing partnerships after a certain date, typically bringing to … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

The Draining of Daubert and the Recidivism of Junk Science in Federal and State Courts

There is no more important issue in the law of torts than factual causation. If a defendant is held liable for something it did not do, then the justice system has failed. On the other hand, if a defendant is … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Peril Invites Rescue: An Evolutionary Perspective

The legal doctrine usually entitled “peril invites rescue” or “danger invites rescue” relates to the rights of injured rescuers under the common law. This rescue doctrine is rather straightforward. Under the common law, a person who suffers injuries during a … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Power as a Factor in Lawyers’ Ethical Deliberation

A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers’ ethical obligations. Stated most simply, advocates of clientcentered approaches put lawyers’ duty to the client first. Scholars closely identified with clinical legal education, … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

To Attain “the Just Rewards of so Much Struggle”: Local-resident Equity Participation in Urban Revitalization

Annually, Americans pour out their sympathy for people displaced from their communities by natural disasters such as fires, floods, and hurricanes. We respond, knowing the anchor that the concept of “home” supplies to body, soul, and family; to a person’s … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Remarks on the Installation of Mark Movsesian as Max Schmertz Distinguished Professor of Law

I am indebted to Hofstra University School of Law for your invitation to provide brief remarks at the installation of Mark L. Movsesian as the Max Schmertz Distinguished Professor of Law. I am not only grateful because Professor Movsesian’s scholarship … Continue reading

Posted in Articles | Tagged , , , | Leave a comment