Vol. 72, Issue 1, 2009

WHITE COLLAR CRIME’S GRAY AREA: THE ANOMALY OF CRIMINALIZING CONDUCT NOT CIVILLY ACTIONABLE

Wendy Gerwick Couture

This article proposes a two-step solution to further the rationales of the civil-criminal divide while preserving the delicate balance of the current scheme of securities regulation.

General

THE ADAPTIVE AMERICAN JUDICIARY: FROM CLASSICAL ADJUDICATION TO CLASS ACTION LITIGATION

Chris H. Miller

This article provides a historical framework for evaluating developments in the American legal system and demonstrates its remarkable versatility in resolving persisting issues.

General
VICTIMS WITHOUT LEGAL REMEDIES: WHY KIDS NEED SCHOOLS TO DEVELOP COMPREHENSIVE ANTI-BULLYING POLICIES
Julie SacksRobert S. Salem
This article presents an overview of current legal theories available to victims of peer harassment and how they are inadequate either to deter bullying or to provide victims redress.
General
THE JUDGES V. THE STATE: OBTAINING ADEQUATE JUDICIAL COMPENSATION AND NEW YORK’S CURRENT CONSTITUTIONAL CRISIS
Justin S. Teff
This article concludes that absent actual usurpation of judicial prerogative or a purposeful or punitive attack on the judiciary’s independence there is no cognizable separation of powers violation.
General
A TALE OF TWO DEBTORS: BANKRUPTCY DISPARITIES BY RACE
Rory Van Loo
This paper informs the relationship between bankruptcy and race and, as such, fleshes out some larger issues surrounding race and the law.
General
MAKING PEACE AND MAKING MONEY: ECONOMIC ANALYSIS OF THE MARKET FOR MEDIATORS IN PRIVATE PRACTICE
Urska Velikonja
In this article, the author explores the market for mediators, in particular for mediators in private practice.

General

IMPROVING PUBLIC ACCESS TO THE ADIRONDACK FOREST PRESERVE

Claudia Braymer

While this Article considers the role of the state in preventing public access to state-owned land, it primarily focuses on the role of private parties.

General

THE FORUM NON CONVENIENS MOTION AND THE DEATH OF THE MOTH: A DEFENSE PERSPECTIVE IN THE POST-SINOCHEM ERA

Michael Greenberg

This note offers suggestions that defense counsel should consider both in advance of making a forum non conveniens dismissal motion and during the motion’s consideration by the court.

General

“BUT I’M DENNY CRANE!”: AGE DISCRIMINATION IN THE LEGAL PROFESSION AFTER SIDLEY

Donald J. Labriola

This note provides some general common sense guidelines that can minimize a firm’s risk of litigation related to age discrimination in law firms.

General
FROM THE CIVIL WAR TO THE WAR ON TERROR: THE EVOLUTION AND APPLICATION OF THE STATE SECRETS PRIVILEGE
Jason A. Crook
This note analyzes of the state secrets privilege and its practical implications.
General
RULEMAKING WITHOUT RULES: AN EMPIRICAL STUDY OF DIRECT FINAL RULEMAKING
Michael Kolber
This paper is the first case study to evaluate the implications of direct final rulemaking in practice—an evaluation of direct final rulemaking by the FDA over the past decade.

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