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Articles 31 - 45 of 45

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Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler Mar 2013

Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler

Touro Law Review

No abstract provided.


Student Rights Up In Smoke: The Supreme Court's Clouded Judgment In Morse V. Frederick, Jeremy Jorgensen Feb 2013

Student Rights Up In Smoke: The Supreme Court's Clouded Judgment In Morse V. Frederick, Jeremy Jorgensen

Touro Law Review

No abstract provided.


The Second Amendment And Gun Control, Erwin Chemerinsky Feb 2013

The Second Amendment And Gun Control, Erwin Chemerinsky

Touro Law Review

No abstract provided.


An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein Feb 2013

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.


Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman Feb 2013

Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman

Touro Law Review

No abstract provided.


The Constitution And National Security, Erwin Chemerinsky Feb 2013

The Constitution And National Security, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Voting Rights And Freedom Of Speech Decisions From The October 2007 Term, Burt Neuborne Feb 2013

Voting Rights And Freedom Of Speech Decisions From The October 2007 Term, Burt Neuborne

Touro Law Review

No abstract provided.


An Overview Of The October 2007 Supreme Court Term, Erwin Chemerinsky Feb 2013

An Overview Of The October 2007 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron Jan 2013

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Touro Law Review

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.


Supreme Court Fortifies Qualified Immunity For Law Enforcement Officers In Warrant Cases, Martin Schwartz Jan 2013

Supreme Court Fortifies Qualified Immunity For Law Enforcement Officers In Warrant Cases, Martin Schwartz

Scholarly Works

This article analyzes the significance of the United States Supreme Court decision in Messerschmidt v. Millender, 132 S.Ct. 1652 (2012), upon §1983 Fourth Amendment claims asserted against state and local law enforcement officers who apply for and enforce warrants. Millender held that police officers who sought and executed a very broad warrant authorizing them to search a residence for guns and gang related material were protected by qualified immunity. The author asserts that §1983 plaintiffs, who seek to recover damages based upon either the application or execution of an allegedly unconstitutional warrant, will now have to overcome various layers of …


The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman Jan 2013

The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman

Touro Law Review

No abstract provided.


Is Prayer Constitutional At Municipal Council Meetings?, Thomas A. Schweitzer Jan 2013

Is Prayer Constitutional At Municipal Council Meetings?, Thomas A. Schweitzer

Scholarly Works

The author discusses Galloway v. Town of Greece, a case which challenges official prayers at town council meetings. To provide the necessary background information for understanding the issues in Galloway, the author begins with a brief discussion of two other cases, Lemon v. Kurtzman and Marsh v. Chambers. The author then examines the district and circuit court decisions in Galloway and the Establishment Clause issues posed by the case. Next, the author notes issues raised by other lower court decisions involving legislative prayer after Marsh.

Towards the end of the article, to clarify and decide the constitutional issues, the author …


Supreme Court Holds Grand Jury Witnesses Absolutely Immune From § 1983 Liability, Martin Schwartz Jan 2013

Supreme Court Holds Grand Jury Witnesses Absolutely Immune From § 1983 Liability, Martin Schwartz

Scholarly Works

This article discusses the Supreme Court's ruling in Rehberg v. Paulk, 132 S. Ct. 1497 (2012), which extended the absolute witness immunity recognized in Briscoe v. LaHue, to grand jury witnesses. In an unanimous opinion, written by Justice Samuel A. Alito, Jr., the Court held that grand jury witnesses are absolutely immune from §1983 liability for their testimony, and even for conspiring to give false testimony.


Book Review Of Arnold H. Leibowitz, An Historical-Legal Analysis Of The Impeachments Of Presidents Andrew Johnson, Richard Nixon, And William Clinton: Why The Process Went Wrong, Jeffrey B. Morris Jan 2013

Book Review Of Arnold H. Leibowitz, An Historical-Legal Analysis Of The Impeachments Of Presidents Andrew Johnson, Richard Nixon, And William Clinton: Why The Process Went Wrong, Jeffrey B. Morris

Touro Law Review

No abstract provided.


Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz Jan 2013

Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.