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48 N. Y. L. Sch. L. Rev. 433 (2003-2004)
Investigating New York's 2001 Son of Sam Law: Problems with the Recent Extension of Tort Liability for People Convicted of Crimes

handle is hein.journals/nyls48 and id is 443 raw text is: INVESTIGATING NEW YORK'S 2001 SON OF SAM LAW:
PROBLEMS WITH THE RECENT EXTENSION OF TORT
LIABILITY FOR PEOPLE CONVICTED OF CRIMES
JESSICA YAGER*
TABLE OF CONTENTS
I.  Introduction  .........................................  434
II.  The  H istory  .........................................  438
A. 1977: The Son of Sam Law is Born .............. 438
B. The Son of Sam Law & The Supreme Court ..... 439
III. Current State of the Law ............................ 441
A. 1992: New York Tries Again ..................... 441
B. 2001: New York Goes Too Far ................... 444
1. Changes: No Longer Limited to Profits, the
Funds of a Convicted Person Provision is
A dded  .......................................  445
2. Changes: Under Both Provisions, All Assets
are  Now  Available  ...........................  447
C. Challenges in the Courts ........................ 449
1. Post -1992 Challenges ....................... 449
2.  Post-2001  Challenges  ........................  451
3. Potential for Success in the Courts ........... 454
IV. Problems with the Law .............................. 457
A. New York v. EVERYONE ELSE: A Fifty State
Survey  ...........................................  457
1. Expansion of the Statute of Limitations: New
York's Rejection of the Anti-Profit Model .... 458
2. Expansion of Available Funds ................ 462
3. The Targeted Population .................... 465
B. Conflicts with New York Compensation Law ..... 467
1. Restitution & Reparation .................... 467
* Law Clerk to the Honorable Napoleon A. JonesJr. of the United States District
Court for the Southern District of California. J.D. New York University School of Law,
2003. I would like to thank Alexander Reinert and Professor Anthony Thompson for
their guidance. I would also like to thank David Ehrenberg for his help shaping the
ideas presented in this article, as well as for his patience and support.

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