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Overcoming Overbreadth: Facial Challenges And The Valid Rule Requirement , Marc E. Isserles Dec 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 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.


Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King Jan 1998

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 Jan 1998

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. Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 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.


Commerce Clause, First Department: R.J. Reynolds Tobacco Company V. City Of New York Department Of Finance Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 …