St. John's Law Review

St. John's Law Review is a magazine focusing on Law

Articles from Vol. 83, No. 1, Winter

Client Interests and a Lawyer's Duty to Expedite Litigation: Does Model Rule 3.2 Impose Any Independent Obligations?
INTRODUCTIONRule 3.2 of the American Bar Association's Model Rules of Professional Conduct ("Model Rules") requires lawyers to "make reasonable efforts to expedite litigation consistent with the interests of the client,"1 while other rules impose complementary...
Critique of Money Judgment (Part Two: Liens on New York Personal Property)
ARTICLESINTRODUCTIONThe judicial lien, in New York and elsewhere, is the very telos of in personam liability in private law. In personam liability stands for the noble proposition that debtors ought to pay. When they don't, the law stands ready, in its...
Forgetting Someone? New York's Permanency Legislation of 2005 Fails to Address the Needs of Juvenile Delinquents in Foster Care
INTRODUCTIONP.D. first became acquainted with the judicial system when she was seven months old, after her hospital visit for seconddegree burns heightened the suspicions of authorities.1 That was just the beginning of her unfortunate journey through...
In Memoriam: Dean Mary C. Daly (1947-2008)
The editors of the St. John's Law Review respectfully dedicate this issue to Dean Mary C. Daly.MEMORIAL TRIBUTE TO MARY C. DALY DEAN AND JOHN V. BRENNAN PROFESSOR OF LAW AND ETHICSREV. DONALD J. HARRINGTON, C.M.[dagger]On Wednesday, November 19, 2008,...
Making It a Federal Issue: The Unjustifiable Expansion of Federal Common Law to Corporate Successor Liability under Cercla
INTRODUCTIONOne of the most established principles of Supreme Court jurisprudence is that "[e]xcept in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. . . . There is no federal...
Proceed with Caution: Avoiding Hazards in Toll Road Privatizations
INTRODUCTIONOn April 12, 2006, Indiana Governor Mitch Daniels leased the 157-mile Indiana Toll Road to ITR Concession Company LLC, a consortium composed of a Spanish and an Australian company.1 Under the agreement, the private entity paid the State of...
Protecting the Legal Interests of Children When Shocking, Restraining, and Secluding Are the Means to an Educational End
INTRODUCTIONThe quality of the education received by students with disabilities has improved steadily over the past forty years. This is no doubt the product of a growing body of research in cognitive and educational psychology. It is also the product...
The New Face of Implied Right to Sue Jurisprudence and the Sec's Best-Price Rule
INTRODUCTIONOne common takeover method in corporate finance is the tender offer. The term "tender offer" refers to a public offer by an acquiring company to all stockholders of a publicly traded corporation. The acquiring entity usually offers a price...
What We Talk about When We Talk about Ideology: Judicial Politics Scholarship and Naive Legal Realism
INTRODUCTIONA large and growing body of law and psychology scholarship has posed new challenges to traditional assumptions about the behavior of legal actors. While mainstream legal thought has often treated individuals as more or less rational, autonomous...