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Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger
Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger
Touro Law Review
Robert Cover’s Nomos and Narrative is an instructive tale for the constitutional battle over whether religious wedding vendors must be required to serve same-sex couples. He helps us see how contending communities’ deep narratives of martyrdom and obedience to the values of their paideic communities can be silenced by the imperial community’s insistence on choosing one community’s story over another community’s in adjudication. The wedding vendor cases call for an alternative to jurispathic violence, for a constitutionally redemptive response that prizes a nomos of inclusion and respect for difference.
Debunking “De Minimis” Violations Of Prisoners’ Religious Rights: Further Problems With The Supreme Court’S “Hands Off” Approach, Samantha Sparacino
Debunking “De Minimis” Violations Of Prisoners’ Religious Rights: Further Problems With The Supreme Court’S “Hands Off” Approach, Samantha Sparacino
Touro Law Review
Circuits are split as there continues to be an inconsistent application of Supreme Court doctrine stemming from the notion of the separation of church and the state. Imprisonment does not strip a wrongdoer of his constitutionally guaranteed rights and protections. Some Circuits have held that a minor, or de minimis, interpretation of an inmate’s religious rights can constitute a substantial burden under the Religious Land Use and Institutionalized Persons Act. In the absence of clear direction from the Supreme Court, I propose that courts should refrain from determining the value of a religious belief or practice as it relates …
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
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.
Playing Word Games With New York’S No Surcharge Law, Katie Coggins
Playing Word Games With New York’S No Surcharge Law, Katie Coggins
Touro Law Review
No abstract provided.
The Wholesale Exclusion Of Religion From Public Benefits Programs: Why The First Amendment Religion Clauses Must Take A Backseat To Equal Protection, Michael J. Borger
The Wholesale Exclusion Of Religion From Public Benefits Programs: Why The First Amendment Religion Clauses Must Take A Backseat To Equal Protection, Michael J. Borger
Touro Law Review
No abstract provided.
Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone, Shira Bloom
Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone, Shira Bloom
Touro Law Review
No abstract provided.
A Progressive Mind: Louis D. Brandeis And The Origins Of Free Speech, Elizabeth Todd Byron
A Progressive Mind: Louis D. Brandeis And The Origins Of Free Speech, Elizabeth Todd Byron
Touro Law Review
No abstract provided.
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora
Touro Law Review
No abstract provided.
Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky
Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky
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.
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Touro Law Review
No abstract provided.
Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer
Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
First Amendment Decisions - 2002 Term, Joel Gora
First Amendment Decisions - 2002 Term, Joel Gora
Touro Law Review
No abstract provided.
Supreme Court, Appellate Term, First Department, People V. Bull, Randi Schwartz
Supreme Court, Appellate Term, First Department, People V. Bull, Randi Schwartz
Touro Law Review
No abstract provided.
The Aba Model Code Revisions And Judicial Campaign Speech: Constitutional And Practical Implications, Howland W. Abramson, Gary Lee
The Aba Model Code Revisions And Judicial Campaign Speech: Constitutional And Practical Implications, Howland W. Abramson, Gary Lee
Touro Law Review
No abstract provided.
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora
Touro Law Review
No abstract provided.
The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez
The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez
Touro Law Review
No abstract provided.
Defining The Line Between Constitutionally Protected Speech And True Threats: Can I Be Arrested For Being Annoying?, Allison E. Dolzani
Defining The Line Between Constitutionally Protected Speech And True Threats: Can I Be Arrested For Being Annoying?, Allison E. Dolzani
Touro Law Review
No abstract provided.
Neutral Discrimination – Selective Enforcement Of Religiously Neutral Laws And The First Amendment, Jeffrey Gautsche
Neutral Discrimination – Selective Enforcement Of Religiously Neutral Laws And The First Amendment, Jeffrey Gautsche
Touro Law Review
No abstract provided.
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Touro Law Review
No abstract provided.
First Amendment Decisions In The October 2005 Term, Joel Gora
First Amendment Decisions In The October 2005 Term, Joel Gora
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - Kings Mall, Llc V. Wenk, Steven Fox
Supreme Court Of New York Appellate Division, Third Department - Kings Mall, Llc V. Wenk, Steven Fox
Touro Law Review
No abstract provided.
Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson
Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson
Touro Law Review
No abstract provided.
Don't Feed The Deer: Misapplications Of Statutory Vagueness And The First Amendment Overbreadth Doctrine, Brian Hodgkinson
Don't Feed The Deer: Misapplications Of Statutory Vagueness And The First Amendment Overbreadth Doctrine, Brian Hodgkinson
Touro Law Review
No abstract provided.
Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, Alex J. Berkman
Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, Alex J. Berkman
Touro Law Review
No abstract provided.
Voting Rights And Freedom Of Speech Decisions From The October 2007 Term, Burt Neuborne
Voting Rights And Freedom Of Speech Decisions From The October 2007 Term, Burt Neuborne
Touro Law Review
No abstract provided.
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Touro Law Review
No abstract provided.
The October 2008 Term: First Amendment And Then Some, Burt Neuborne
The October 2008 Term: First Amendment And Then Some, Burt Neuborne
Touro Law Review
Liberals must acknowledge a dirty little secret about American constitutional law; a secret that the Warren Court made apparent, though it had existed from the day John Marshall asserted the power of judicial review in a Constitution that says nothing about it. The secret is that there is no serious theory explaining or justifying what courts actually do when they strike down a statute as unconstitutional.
The Warren years were enormously important in moving the country forward. I do not know what we would have done without the wisdom and courage of the Court. But when you start looking for …
Condoms: The New Medium Of Expression Protected By The First Amendment- People V. Andujar, Leodyne Calixte
Condoms: The New Medium Of Expression Protected By The First Amendment- People V. Andujar, Leodyne Calixte
Touro Law Review
No abstract provided.