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Subjectively Speaking, The Applicable Standard For Deficient Medical Treatment Of Pretrial Detainees Should Be One Of Objective Reasonableness, Benjamin R. Black
Subjectively Speaking, The Applicable Standard For Deficient Medical Treatment Of Pretrial Detainees Should Be One Of Objective Reasonableness, Benjamin R. Black
Touro Law Review
There is no uniformity amongst the circuits when it comes to pretrial detainees claims for inadequate medical care. The circuits are currently grappling with this problem, applying two separate tests to pretrial detainees’ 42 U.S.C. § 1983 claims depending on the jurisdiction in which the incident arose. The test that should be applied across all circuits is one of objective reasonableness. However, some circuits do not see it that way, applying the deliberate indifference standard, also known as the subjective standard test. The circuits applying the subjective standard are relying on case law that does not properly analyze the rights …
Genealogy Sites And Adoptions–Connecting Families Or Ruining Them?, Taylor Bialek
Genealogy Sites And Adoptions–Connecting Families Or Ruining Them?, Taylor Bialek
Touro Law Review
No abstract provided.
When Interpretive Communities Clash On Immigration Law: The Courts’ Mediating Role In Noncitizens’ Rights And Remedies, Peter Margulies
When Interpretive Communities Clash On Immigration Law: The Courts’ Mediating Role In Noncitizens’ Rights And Remedies, Peter Margulies
Touro Law Review
Immigration law gains clarity through the lens of Robert Cover's compelling work on law as a "system of meaning." Cover's vision inspires us to consider immigration law as a contest between two interpretive communities: acolytes of the protective approach, which sees law as a haven for noncitizens fleeing harm in their home countries, and followers of the regulatory approach, which stresses sovereignty and strict adherence to legal categories. Immigration law's contest between contending camps need not be a zero-sum game. As Cover and Alex Aleinikoff observed in their classic article on habeas corpus, a legal remedy can also be a …
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
Touro Law Review
No abstract provided.
Restoring Trust In The Judiciary: A Critical, High Priority Project For The Biden Administration, Richard C. Cahn
Restoring Trust In The Judiciary: A Critical, High Priority Project For The Biden Administration, Richard C. Cahn
Touro Law Review
No abstract provided.
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Touro Law Review
No abstract provided.
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, Johanna Poremba
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, Johanna Poremba
Touro Law Review
No abstract provided.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Touro Law Review
No abstract provided.
The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante
The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante
Touro Law Review
No abstract provided.
Establishment Of Religion Supreme Court Appellate Division Third Department
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Equal Protection Supreme Court Appellate Division Third Department
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division
Due Process People V. Scott (Decided June 5, 1996)
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Double Jeopardy Supreme Court Appellate Division Second Department
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
The Federalism Cases, Leon Friedman
When Scalia Wasn't Such An Originalist, Michael Lewyn
When Scalia Wasn't Such An Originalist, Michael Lewyn
Touro Law Review
No abstract provided.
The Founding Fathers Said I Am Not Subject To Term Limits, Elias Arroyo
The Founding Fathers Said I Am Not Subject To Term Limits, Elias Arroyo
Touro Law Review
No abstract provided.
Scalia On Abortion: Originalism... But, Why?, Robert Cassidy
Scalia On Abortion: Originalism... But, Why?, Robert Cassidy
Touro Law Review
No abstract provided.
Auxiliary Protections: Why The Founders’ Bicameral Congress Depended On Senators Elected By State Legislatures, Vince Eisinger
Auxiliary Protections: Why The Founders’ Bicameral Congress Depended On Senators Elected By State Legislatures, Vince Eisinger
Touro Law Review
No abstract provided.
Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin
Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin
Touro Law Review
No abstract provided.
Foreword, Congressman Lee Zeldin
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar
Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Butler, Courtney Weinberger
Supreme Court, Bronx County, People V. Butler, Courtney Weinberger
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Paulman, Michele Kligman
Court Of Appeals Of New York, People V. Paulman, Michele Kligman
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris
Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris
Touro Law Review
No abstract provided.
Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala
Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala
Touro Law Review
No abstract provided.