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Full-Text Articles in Entire DC Network
Overcoming Overbreadth: Facial Challenges And The Valid Rule Requirement , Marc E. Isserles
Overcoming Overbreadth: Facial Challenges And The Valid Rule Requirement , Marc E. Isserles
American University Law Review
No abstract provided.
The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román
The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román
Faculty Publications
This Article examines the United States' 100-year-old failed promise. In addition to detailing the unequal citizenship status of the people of Puerto Rico, this Article examines the role that racial and ethnic-based prejudice has played in this issue. 34 Essentially, this Article seeks to compare the traditional legal and political rhetoric of American inclusiveness and the virtues of U.S. citizenship to the reality of colonialism and the impact white supremacy has had on U.S. colonial history. By addressing the subordinated status of "aliencitizens," this Article illustrates the incompatibility of equality under colonialism. As Congress addresses the question of Puerto Rico's …
Federalist Or Friends Of Adams: The Marshall Court And Party Politics, Mark A. Graber
Federalist Or Friends Of Adams: The Marshall Court And Party Politics, Mark A. Graber
Faculty Scholarship
No abstract provided.
Contracts Clause, Supreme Court, Appellate Division Third Department: B.O.C.E.S. For Sole Supervisory District Of Rockland County V. State Of New York
Touro Law Review
No abstract provided.
New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer
New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer
Scholarly Works
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Queens County: People V. Brewer
Search And Seizure, Supreme Court, Queens County: People V. Brewer
Touro Law Review
No abstract provided.
Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H.
Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H.
Touro Law Review
No abstract provided.
Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett
Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett
Faculty Publications
In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …
Full Faith And Credit And The Equity Conflict, Polly J. Price
Full Faith And Credit And The Equity Conflict, Polly J. Price
Faculty Articles
As this Article relates, the current problem with interstate enforcement of injunctions and other equitable decrees is illustrated by the Court's confusion in Baker. The Court reached the correct result in the case before it, but the basic problems of "equity conflict" remain unresolved. Both the Court's opinion and the two concurrences were unsatisfactory because the Court failed to address the key underlying issue of whether or to what extent courts may rely on state law to enjoin extraterritorial conduct. Had the Court focused on this issue, I argue, it could have based its decision upon a more appealing rationale. …
Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman
Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman
Touro Law Review
No abstract provided.
Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki
Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki
Touro Law Review
No abstract provided.
Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine
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
Section 1983 Litigation, Martin A. Schwartz, George C. Pratt
Scholarly Works
No abstract provided.
Commerce Clause, First Department: R.J. Reynolds Tobacco Company V. City Of New York Department Of Finance
Touro Law Review
No abstract provided.
Ex Post Facto Laws, Supreme Court, Dutchess County: Doe V. Division Of Probation And Correction Alternatives
Touro Law Review
No abstract provided.
Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia
Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia
Touro Law Review
No abstract provided.
Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell
Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell
Touro Law Review
No abstract provided.
Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie
Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie
Touro Law Review
No abstract provided.
Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel
Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel
Touro Law Review
No abstract provided.
Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Himko
Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Himko
Touro Law Review
No abstract provided.
Right To Counsel, Supreme Court, Queens County: People V. Bell
Right To Counsel, Supreme Court, Queens County: People V. Bell
Touro Law Review
No abstract provided.
Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court
Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court
Touro Law Review
No abstract provided.
Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin
Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Bronx County: People V. Johnson
Search And Seizure, Supreme Court, Bronx County: People V. Johnson
Touro Law Review
No abstract provided.
Self-Incrimination, Supreme Court, Appellate Division, First Department: Prudential Securities Incorporated V. Brigianos
Touro Law Review
No abstract provided.
Self-Incrimination, Supreme Court, Appellate Division, Fourth Department: People V. Hall
Self-Incrimination, Supreme Court, Appellate Division, Fourth Department: People V. Hall
Touro Law Review
No abstract provided.
Self-Incrimination, Supreme Court, Bronx County: Seabrook V. Johnson
Self-Incrimination, Supreme Court, Bronx County: Seabrook V. Johnson
Touro Law Review
No abstract provided.
The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer
The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer
Faculty Scholarship
In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …
Whose Federalism, S. Elizabeth Malloy
Whose Federalism, S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights statutes as …