Focuses on the licensing of midwives in the United States. Condemnation of the medicalization of the childbirth by the feminist movement; Skirmishes over state licensing laws; Upholding of New York's Professional Midwifery Practice Act; Ruling of the Kansas Supreme Court in the `State Board of ...
[t]he gist of abuse of process is the improper use of process after it is regularly issued." 2 Committee on Pattern Jury Instructions, Association of Supreme Court Justices, New York Pattern Jury Instructions Sec. 3:51 at 816 (1968). Since this Circuit already recognizes malicious prosecution...
New York, 401 U.S. 222, 91 S. Ct. 643 (1971), the Supreme Court held that a defendant's prior inconsistent statements were properly used to impeach his trial testimony. The Harris court noted that " [i]t does not follow from Miranda that evidence inadmissible against an accused in ...
However, in Eichel the Supreme Court sustained the district court's exclusion of "collateral source" evidence, despite its asserted relevance to malingering, on the ground that "the likelihood of misuse by the jury clearly outweighs the value of this evidence." 375 U.S. at 255, 84 S. Ct...
This paper excerpts and summarizes Professor Lasser's forthcoming book comparing the argumentative practices of the European Court of Justice, the French Cour de cassation and the United States Supreme Court. It argues that the Cour de c... M Lasser - New York University School of Law 被引量...
On February 13, 1987, also in New York State Supreme Court, Queens County, Wilson pleaded guilty to assault in the first degree. Neither Wilson nor the Government elaborates on the underlying facts of this crime. For the assault conviction, Wilson was sentenced to a term of twenty-eight mon...
as the jury found and under long-standing Supreme Court precedent. G. & C. Merriam Co. v. Syndicate Publishing Co.,237 U.S. 618, 622, 35 S. Ct. 708, 709, 59 L. Ed. 1148 (1915). Moreover, Merriam-Webster's expert testified, and other evidence also demonstrates, that "college"...
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has the constitutional power to authorize electronic surveillance without a court warrant in the interest of national security. The validity of the Government's position on this issue, under the Fourth Amendment, has not yet been decided by the Supreme Court. See Footnote 23 in Katz v. United ...
Supreme Court has had occasion to observe (Graver Tank & Mfg. Co., Inc. v. Linde Air Products Co.,339 U.S. 605, 607 and 609-610, 70 S. Ct. 854, 94 L. Ed. 1097) that it is customary for infringers to vary somewhat from the exact disclosure of a valuable patent, because " ...