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Felon Disenfranchisement: A Call For Legislative Reform, Timothy P. Gilligan May 2009

Felon Disenfranchisement: A Call For Legislative Reform, Timothy P. Gilligan

Journal of Race, Gender, and Ethnicity

No abstract provided.


Felon Disenfranchisement As A Legitimate State Regulation, Boyoung Kang May 2009

Felon Disenfranchisement As A Legitimate State Regulation, Boyoung Kang

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Shot Heard Around The Lgbt World: Bowers V Hardwick As A Mobilizing Force For The National Gay And Lesbian Task Force, Elizabeth Sheyn May 2009

The Shot Heard Around The Lgbt World: Bowers V Hardwick As A Mobilizing Force For The National Gay And Lesbian Task Force, Elizabeth Sheyn

Journal of Race, Gender, and Ethnicity

No abstract provided.


Felon Disenfranchisement And The Systemic Racism Of The Criminal Justice System, Matthew D. Itkin May 2009

Felon Disenfranchisement And The Systemic Racism Of The Criminal Justice System, Matthew D. Itkin

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Supreme Court's Hands-Off Approach To Religious Doctrine: An Introduction, Samuel J. Levine Jan 2009

The Supreme Court's Hands-Off Approach To Religious Doctrine: An Introduction, Samuel J. Levine

Scholarly Works

Although the current state of the United States Supreme Court's Religion Clause jurisprudence is an area of considerable complexity, the Court's approach is largely premised upon a number of basic underlying principles and doctrines. This Symposium issue explores an underlying principle of the Supreme Court's current Religion Clause jurisprudence, the Court's hands-off approach to questions of religious practice and belief. The Symposium is based on the program of the Law and Religion Section at the 2008 Annual Meeting of the Association of American Law Schools, in which a panel of leading scholars was asked to evaluate the Court's approach. The …


Ascertaining The Burden Of Proof For An Award For Punitive Damages In New York? Consult Your Local Appellate Division, Leon D. Lazer, John R. Higgitt Jan 2009

Ascertaining The Burden Of Proof For An Award For Punitive Damages In New York? Consult Your Local Appellate Division, Leon D. Lazer, John R. Higgitt

Touro Law Review

No abstract provided.


Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine Jan 2009

Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine

Scholarly Works

In this Essay, Levine focuses on a particular hermeneutic approach common to the interpretation of the Torah and the United States Constitution: a presumption against superfluity. This presumption accords to the text a considerable degree of omnisignificance, requiring that interpreters pay careful attention to every textual phrase and nuance in an effort to find its legal meaning and implications. In light of this presumption, it might be expected that normative interpretation of both the Torah and the Constitution would preclude a methodology that allows sections of the text to remain bereft of concrete legal application. In fact, however, both the …


Supreme Court § 1983 Decisions-October 2008 Term, Martin A. Schwartz Jan 2009

Supreme Court § 1983 Decisions-October 2008 Term, Martin A. Schwartz

Scholarly Works

No abstract provided.


Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz Jan 2009

Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr. Jan 2009

The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr.

Scholarly Works

Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated for regulatory purposes. What attention has been paid concludes that the Framers were divided about how accessible search remedies should be. This Article explains why this conventional account is mostly wrong and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law. In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the patterns of preceding British civil search statutes. The …