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Articles 1 - 30 of 45
Full-Text Articles in Entire DC Network
At What Is The Supreme Court Comparatively Advantaged?, R. George Wright
At What Is The Supreme Court Comparatively Advantaged?, R. George Wright
West Virginia Law Review
No abstract provided.
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
Seattle University Law Review
Since the enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more precisely determine …
Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl
Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl
Touro Law Review
No abstract provided.
Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson
Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson
Touro Law Review
No abstract provided.
The Dangerous Law Of Biological Race, Khiara M. Bridges
The Dangerous Law Of Biological Race, Khiara M. Bridges
Fordham Law Review
The idea of biological race—a conception of race that postulates that racial groups are distinct, genetically homogenous units—has experienced a dramatic resurgence in popularity in recent years. It is commonly understood, however, that the U.S. Supreme Court has rejected the idea that races are genetically uniform groupings of individuals. Almost a century ago, the Court famously appeared to recognize the socially constructed nature of race. Moreover, the jurisprudence since then appears to reaffirm this disbelief: within law, race is understood to be a social construction, having no biological truth to it at all. Yet upon closer examination, the Court’s apparent …
House Republicans Add Insult To Native Women’S Injury, Ryan Devreskracht
House Republicans Add Insult To Native Women’S Injury, Ryan Devreskracht
University of Miami Race & Social Justice Law Review
No abstract provided.
The Non-Waivability Of Aedpa Deference's Applicability, Andrew L. Adler
The Non-Waivability Of Aedpa Deference's Applicability, Andrew L. Adler
University of Miami Law Review
No abstract provided.
Lower Court Compliance With Supreme Court Remands, Elise Borochoff
Lower Court Compliance With Supreme Court Remands, Elise Borochoff
Touro Law Review
No abstract provided.
When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen
When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen
Touro Law Review
No abstract provided.
Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock
Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock
Touro Law Review
No abstract provided.
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Guns, Campus And The Courts, Joseph Cernik
Guns, Campus And The Courts, Joseph Cernik
Journal of Educational Leadership in Action
The Newtown shooting opened up (again) the issue of guns on school grounds, both at the K-12 level and university level, and whether teachers and administrators should be armed. The Newtown shooting also focused attention again on the shootings at the Virginia Polytechnic Institute and State University in Blacksburg. In that incident, 32 people were killed and 17 wounded on April 2007. The shooter, Seung-Hui Cho, a senior, ended his killing spree by committing suicide. Following Cho’s shooting spree, the National Rifle Association (NRA) created NRA-U, or National Rifle Association University, an organization that reaches out to college students interested …
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
Education And Legislation: Affluent Women's Political Engagement In The Consumers' Leagues Of The Progressive Era, Scott R. St. Louis
Education And Legislation: Affluent Women's Political Engagement In The Consumers' Leagues Of The Progressive Era, Scott R. St. Louis
Grand Valley Journal of History
This paper examines the extent to which the National Consumers’ League and similar localized leagues provided middle- and upper-class women with new opportunities for involvement in American politics during the early Progressive Era, or roughly the last decade of the nineteenth century and the first decade of the twentieth. These organizations undertook various efforts – including “list” and “label” campaigns – to educate the consuming public about the poor working conditions suffered by retail employees and especially factory workers in the garment industry, with a focus on employed women and child laborers. Later on, the leagues provided their female members …
The Tipping Point On The Scales Of Civil Justice, Dennis A. Kaufman
The Tipping Point On The Scales Of Civil Justice, Dennis A. Kaufman
Touro Law Review
The right to counsel in civil cases-metaphorically known as Civil Gideon-has gained traction in segments of the legal community, but advances have thus far been legislative, and while significant, adoption has been slow, less than cohesive or thematic and inconsistent across the country. Patchwork recognition and implementation by legislatures forms a fragile and uneven safety net. The availability of counsel is far from comprehensive. The preferred path to a comprehensive right to counsel in civil matters goes through the United States Supreme Court, but the Court refused to recognize a due process constitutional right to counsel in a civil matter …
Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman
Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman
Touro Law Review
In Goldberg v. Kelly, the Supreme Court held that welfare recipients have a right under the Due Process Clause to notice and a meaningful opportunity to be heard before the state may terminate assistance. However, the Court stopped short of holding due process requires states to appoint counsel to represent claimants at these constitutionally mandated hearings. As a result, in the vast majority of administrative hearings involving welfare benefits, claimants- desperately poor, and often with little formal education- must appear pro se while trained advocates represent the government. Drawing on the theory of underenforced constitutional norms, first articulated by Dean …
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook
Chicago-Kent Journal of Intellectual Property
The Supreme Court has expressly recognized the possibility of a First Amendment defense to copyright infringement claims, but it has never actually found such a defense to apply to a case before it. And nearly every year, Congress enacts or attempts to enact more legislation that restricts speech under the banner of the copyright clause. The problem is that the natural right of free speech is being depleted by the legislatively granted right of intellectual property, putting both individual liberty and the public good at risk. Congress and the courts both must begin to acknowledge that in the common law …
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
IP Theory
No abstract provided.
Nothing About Us Without Us! The Failure Of The Modern Juvenile Justice System And A Call For Community-Based Justice, Charisa Smith Esq.
Nothing About Us Without Us! The Failure Of The Modern Juvenile Justice System And A Call For Community-Based Justice, Charisa Smith Esq.
Journal of Applied Research on Children: Informing Policy for Children at Risk
The modern juvenile justice system is failing our society. A literature review reveals resounding criticism of the system at all points—arrest, court processing, and incarceration. The current system does not effectively reduce recidivism, is wrought with racial disparities, operates with a minimal degree of cultural competence, violates human rights norms, and fails to empower and reform individuals who are directly affected. The current system shatters social bonds and does not hold governmental agencies accountable for wrongdoing or ineffectiveness. Community-based approaches more effectively reduce crime, cost less, are more empowering and culturally competent, help ameliorative civic fragmentation, and are more socially …
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Touro Law Review
No abstract provided.
Nevada, The Great Recession, And Education, Deborah A. Verstegen
Nevada, The Great Recession, And Education, Deborah A. Verstegen
Educational Considerations
The impact of the Great Recession and its aftermath has been devastating in Nevada, especially for public education. Prior to the state’s legislature meeting for its biennial session in February, 2009, Nevada’s economic outlook was already showing signs of trouble.
From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib
From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib
Pepperdine Law Review
The Supreme Court's reliance upon research and scholarly commentaries which examine the sociological factors that contribute to delinquent behavior has declined considerably during the last fourteen years. The author, in an effort to explain this decline, analyzes the seven major juvenile cases which have been considered by the Court since 1966. He conducts this analysis by focusing upon the subject matter of each decision, the importance of the issues arising therein and the author of each opinion. While some similarities appear, no consistent pattern emerges from this analysis. The article concludes that while juvenile law is an area which is …
Dedicatory Address: Act Well Your Part: Therein All Honor Lies , William H. Rehnquist
Dedicatory Address: Act Well Your Part: Therein All Honor Lies , William H. Rehnquist
Pepperdine Law Review
No abstract provided.
Student Rights Up In Smoke: The Supreme Court's Clouded Judgment In Morse V. Frederick, Jeremy Jorgensen
Student Rights Up In Smoke: The Supreme Court's Clouded Judgment In Morse V. Frederick, Jeremy Jorgensen
Touro Law Review
No abstract provided.
The Second Amendment And Gun Control, Erwin Chemerinsky
The Second Amendment And Gun Control, Erwin Chemerinsky
Touro Law Review
No abstract provided.
The Constitution And National Security, Erwin Chemerinsky
The Constitution And National Security, Erwin Chemerinsky
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.
An Overview Of The October 2007 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2007 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort
The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort
Saint Louis University Law Journal
As the nation faces cultural divides over the meaning of the “Founding,” the Constitution, and who owns these meanings, the Court’s embrace of originalism is one strand that feeds the divide. The Court’s valuing of the original interpretation of the Constitution has reinforced the Founder fetishism also found in popular culture, specifically within the politics of those identified as the Tea Party. As addressed elsewhere, their strict worship of the Founders has historical implications for both women and African Americans, groups both marginalized and viewed as property in the Constitution. No one, however, has written about how the Court's cobbled …
The First Amendment And The Second Commandment, Amy Adler
The First Amendment And The Second Commandment, Amy Adler
NYLS Law Review
No abstract provided.