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Start Over Author "Pomerance, Benjamin" Publisher albany law school
15 results on '"Pomerance, Benjamin"'

1. 'THE TIMOROUS MAY STAY AT HOME': JUDGE CARDOZO'S PROPHECY IN CONTEMPORARY UNITED STATES SUPREME COURT JURISPRUDENCE.

Author

Pomerance, Benjamin

Subjects
Personal injuries -- Laws, regulations and rules, Assumption of risk doctrine -- Analysis, Murphy v. Steeplechase Amusement Co. (166 N.E. 173 (N.Y. 1929)), Government regulation
Abstract

"Blessed are the meek, for they will inherit the Earth." - Matthew 5:5 (1) "He is the most merciful of those who show mercy." - Quran 12:92 (2) "The timorous [...]

Published
2023

2. UNEASY LIES THE HEAD THAT WEARS THE CROWN: A CHIEF JUSTICE'S STRUGGLE FOR HIS COURT.

Author

Pomerance, Benjamin

Subjects
Uzuegbunam v. Preczewski (141 S. Ct. 792 (2021)), United States. Supreme Court -- Appointments, resignations and dismissals
Abstract

"[I]t would not be surprising to see Roberts become the leader and periodic 'swing voter' on the Court after Kennedy's retirement." --Albany Law Review, 2017/2018 (1) "After years of the [...]

Published
2022

3. THE KING IN HIS COURT: CHIEF JUSTICE JOHN ROBERTS AT THE CENTER.

Author

Pomerance, Benjamin

Subjects
Supreme court justices -- Research, Chief justices -- Research, United States. Supreme Court -- Research
Abstract

This was supposed to be the United States Supreme Court Term in which everything changed. (1) From the moment when Justice Anthony Kennedy announced his retirement from the federal government's [...]

Published
2019

4. CENTER OF ORDER: CHIEF JUSTICE JOHN ROBERTS AND THE COMING STRUGGLE FOR A RESPECTED SUPREME COURT.

Author

Pomerance, Benjamin

Subjects
Chief justices -- Evaluation -- Management, Judicial statistics -- Research, Contested elections, Judicial opinions, Judges, United States. Supreme Court -- Evaluation -- Management, Company business management
Abstract

"Judges are like umpires. Umpires don't make the rules; they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules.... [...]

Published
2018

5. BEHIND THE MASK: ANALYZING LEGAL POWERS TO MANDATE FACE COVERINGS IN PUBLIC PLACES AMID A GLOBAL PANDEMIC.

Author

Pomerance, Benjamin

Subjects
Police power -- Laws, regulations and rules -- Political aspects -- Health aspects, Public health law -- Interpretation and construction -- Political aspects, Jacobson v. Massachusetts (197 U.S. 11 (1905)), Government regulation, Public Health Service Act (s. 361), Religious Freedom Restoration Act of 1993
Abstract

In 2020, a year when a pandemic ravaged the globe and one of the most controversial presidential elections in modern history roiled the nation, a simple face covering became arguably [...]

Published
2021

6. INSIDE A HOUSE DIVIDED: RECENT ALLIANCES ON THE UNITED STATES SUPREME COURT.

Author

Pomerance, Benjamin

Subjects
Judicial statistics -- Analysis, Supreme court justices -- Research, United States. Supreme Court -- Research
Abstract

I. INTRODUCTION When the United States Supreme Court reconvened at the beginning of October 2016, observers focused their attention primarily on who was not there and what the upcoming term [...]

Published
2017

7. An elastic amendment: Justice Stephen G. Breyer's fluid conceptions of freedom of speech.

Author

Pomerance, Benjamin

Subjects
Freedom of speech -- Research, Strict scrutiny doctrine -- Research
Abstract

III. CONNECTING THE DOTS: DISCERNING TRENDS AND PATTERNS WITHIN JUSTICE BREYER'S FREEDOM OF SPEECH JURISPRUDENCE The preceding section reviewed some of the most challenging, controversial, and divisive freedom of speech [...]

Published
2015

8. An elastic amendment: Justice Stephen G. Breyer's fluid conceptions of freedom of speech.

Author

Pomerance, Benjamin

Subjects
Strict scrutiny doctrine -- Research, Freedom of speech -- Research
Abstract

I. Ashcroft v. American Civil Liberties Union (258) The Child Online Protection Act contained multiple provisions aimed at protecting children from accessing sexually obscene materials on the Internet. (259) Previously, [...]

Published
2015

12. When dad reached across the aisle: how Mario Cuomo created a bipartisan Court of Appeals.

Author

Pomerance, Benjamin

Subjects
Judicial selection -- Political aspects, Bipartisanship (Politics) -- Management, New York. Court of Appeals -- Political aspects -- Human resource management, Company business management, Company personnel management
Abstract

E. Replacing Associate Judge Wachtler After appointing Wachtler to become Chief Judge, Cuomo now needed to fill the vacant associate judgeship left behind by Wachtler's promotion. The short list presented [...]

Published
2013

13. When dad reached across the aisle: how Mario Cuomo created a bipartisan Court of Appeals.

Author

Pomerance, Benjamin

Subjects
Judicial selection -- Political aspects, Bipartisanship (Politics) -- Management, New York. Court of Appeals -- Political aspects -- Human resource management, Company business management, Company personnel management
Abstract

Today, New York State stands at one of the most important judicial crossroads in its history. For only the second time ever, a single individual may have within his grasp [...]

Published
2013

15. Forewarned: sports, torts, and New York's dangerous assumption.

Author

Pomerance, Benjamin P.

Subjects
Personal injuries -- Laws, regulations and rules, Assumption of risk doctrine -- Laws, regulations and rules, Negligence, Comparative -- Laws, regulations and rules, Anand v. Kapoor (61 A.D.3d 787 (N.Y. App. Div. 2009)), Government regulation, Restatement (Second) of Torts
Abstract

On the morning of October 19, 2002, three friends set out to play a round of golf at a nine-hole course on Long Island. (1) At least two of the [...]

Published
2012

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