Volume 1.2 – 1996

Full Issue


Outlaw Judiciary: On Lies, Secrets, and Silence: The Florida Supreme Court Deals with Death Row Claims of Actual Innocence
Michael Mello
In his note, Mello discusses the similarities between a law review article and a good United States Supreme Court brief. Aiming to cater to the busy litigator or judicial clerk who might make use of his scholarship, Mello attempts to write “plagiarizable” work by publishing unmediated pleadings and correspondence.

A Critique of the Second Circuit’s Analysis of New York and New Jersey Joint Venture Law in Arditi v. Dubitzky and Sagamore Corp. v. Diamond West Energy Corp.
Robert Steinbuch
Steinbuch identifies various analytical tools used to detect valid joint ventures and assesses the differing views courts have taken on what constitutes a joint venture, ultimately recommending that the Second Circuit revisit its approach and avoid re-writing state law.


The Independence of the Judiciary?
Edward I. Koch
Ex-Mayor of New York City, Edward Koch, writes on the importance of maintaining an independent judiciary, which he says requires assuring the judiciary that its appointments will be made without regard to political affiliations and obligations, and stresses the importance of assurances that reappointments will come to those found deserving by the two committees assigned the responsibility of making such decisions.


The Contract with America: The Crystallization of the GOP’s Racial Agenda
Edward J. Rymsza
Using empirical evidence, Rymsza explains how the Contract, either on its face or in its effect, furthers a racial agenda; also advances the notion that in an ideal society, the percentage of minorities on welfare and under the auspices of the criminal justice system should reflect a cross-section of the population as a whole.


Canvassing ‘Points Outs’ and Police Suggestion: A Comment on People v. Dixon
Geoffrey T. Raicht
While People v. Dixon will have little effect on police practices, proceedings that have grown out of United States v. Wade, and become known as the “Wade hearings,” will likely be conducted more often that they have ever been. This shift will result in decreased misidentifications and increased reliability of Wade hearings.

Book Review

A Review of Haig’s Commercial Litigation In New York State Courts
Walter M. Schackman
In an effort to restore New York as the center of commercial law in the United States, Schackman emphasizes the importance of this treatise for use in commercial law, stressing its unparalleled utility to the Commercial Division and to all New York courts faced with issues in commercial law.

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