Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Entire DC Network

New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer Jan 1998

New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer

Scholarly Works

No abstract provided.


Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks Jan 1998

Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks

Scholarly Works

No abstract provided.


Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer Jan 1998

Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer

Scholarly Works

No abstract provided.


How Does The New York Constitution Compare To The U.S. Constitution? (Annual Issue On New York State Law: Trends And Developments), Eileen Kaufman, Leon Friedman Jan 1998

How Does The New York Constitution Compare To The U.S. Constitution? (Annual Issue On New York State Law: Trends And Developments), Eileen Kaufman, Leon Friedman

Scholarly Works

No abstract provided.


Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn Jan 1998

Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn

Scholarly Works

No abstract provided.


Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine Jan 1998

Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Scholarly Works

In recent years, the United States Supreme Court has shown an increasing unwillingness to engage in deciding matters that relate to the interpretation of religious practice and belief. While the Justices have articulated valid concerns concerning these cases, courts should not allow these concerns to deter them from making decisions vital to the effective adjudication of Free Exercise and Establishment Clause cases. In fact, it appears that as a result of the Court's increasing refusal to consider carefully the religious questions central to many cases, the Court often tends to group together religious claims and practices, regardless of the relative …


Section 1983 Litigation, Martin A. Schwartz, George C. Pratt Jan 1998

Section 1983 Litigation, Martin A. Schwartz, George C. Pratt

Scholarly Works

No abstract provided.


The Brady Act: Shot Down By The Tenth Amendment, Patricia A. Rooney Jan 1998

The Brady Act: Shot Down By The Tenth Amendment, Patricia A. Rooney

Scholarly Works

No abstract provided.


Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz Jan 1998

Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz

Scholarly Works

No abstract provided.


Unenumerated Constitutional Rights And Unenumerated Biblical Obligations: A Preliminary Study In Comparative Hermeneutics, Samuel J. Levine Jan 1998

Unenumerated Constitutional Rights And Unenumerated Biblical Obligations: A Preliminary Study In Comparative Hermeneutics, Samuel J. Levine

Scholarly Works

In his 1986 Yale Law Journal article, Robert Cover wrote of an explosion of legal scholarship placing interpretation at the crux of the enterprise of law. As part of the continuing emphasis on hermeneutics in constitutional interpretation, a body of literature has emerged comparing constitutional textual analysis to Biblical hermeneutics. This scholarship has been based on the recognition that, like the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community. Levine looks at a basic hermeneutic device common to both Biblical and constitutional interpretation, the …