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Articles 1 - 14 of 14

Full-Text Articles in Law

Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein Dec 2014

Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Rico Section 1962(C) Enterprises And The Present Status Of The “Distinctness Requirement” In The Second, Third And Seventh Circuits, Lawrence A. Steckman Dec 2014

Rico Section 1962(C) Enterprises And The Present Status Of The “Distinctness Requirement” In The Second, Third And Seventh Circuits, Lawrence A. Steckman

Touro Law Review

No abstract provided.


Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein Dec 2014

Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein

Touro Law Review

No abstract provided.


The Homicide Survivors’ Fairness-For-Victims Manifesto, Lester Jackson Oct 2014

The Homicide Survivors’ Fairness-For-Victims Manifesto, Lester Jackson

LESTER JACKSON

Murderer advocates place a far greater value on the lives of the most savage murderers than on the lives of their victims. Let them deny it; their words and deeds conclusively give the lie to that denial. The critical question is this: Whose concept of justice is going to prevail? The concept of a small but vocal well-financed minority with influence and power out of all proportion to its numbers, or that of the large but poorly financed and disorganized majority. In recent decades, the former have dominated. Tragically, compared to media-dominant murderer advocates, victims have been virtually voiceless. Yes, …


Unintended Consequences: The United States Supreme Court's Mission To Restrict Remedies For State Prisoners Backfires, Andrea Lyon Sep 2014

Unintended Consequences: The United States Supreme Court's Mission To Restrict Remedies For State Prisoners Backfires, Andrea Lyon

Andrea D. Lyon

No abstract provided.


Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz Jun 2014

Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz

Martin A. Schwartz

No abstract provided.


Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein Jun 2014

Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein

Touro Law Review

No abstract provided.


City Court, City Of Rochester, People V. Griswold, James Dougherty May 2014

City Court, City Of Rochester, People V. Griswold, James Dougherty

Touro Law Review

No abstract provided.


Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman May 2014

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - New York Ex Rel. Harkavy V. Consilvio, Sardar Asadullah May 2014

Court Of Appeals Of New York - New York Ex Rel. Harkavy V. Consilvio, Sardar Asadullah

Touro Law Review

No abstract provided.


Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, W. Warren H. Binford Jan 2014

Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, W. Warren H. Binford

W. Warren H. Binford

This article considers how the United States could fulfill its international treaty obligations to support the full restoration of child pornography victims in the aftermath of the recent decision of the United States Supreme Court in Paroline v. United States. The article details how the United States provided leadership historically in creating a skeletal legal framework domestically and internationally to help combat child pornography and restore victims, and highlights how that framework is failing victims on a near-universal basis in an age dominated by technological innovation and globalization. The article proposes the adoption and implementation of effective domestic and international …


Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus Jan 2014

Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus

Scholarly Works

In this article, I first draw on my recent book The Constitutional Rights of Children to introduce the facts of the case and place the case in the larger context of the history of American juvenile justice. I then focus specifically on the role of four remarkable women in the history of this landmark decision: Marjorie Gault, Gerald's mother; Amelia Lewis, Gerald's lawyer; Lorna Lockwood, an Arizona lawyer who became the first woman to serve as the Chief Justice of a State Supreme Court; and Getrude "Traute" Mainzer, who assisted in the litigation of Gerald's case before the U.S. Supreme …


The Hidden Daubert Factor: How Judges Use Error Rates In Assessing Scientific Evidence, John B. Meixner Jr., Shari Seidman Diamond Jan 2014

The Hidden Daubert Factor: How Judges Use Error Rates In Assessing Scientific Evidence, John B. Meixner Jr., Shari Seidman Diamond

Scholarly Works

In Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court provided a framework under which trial judges must assess the evidentiary reliability of scientific evidence whose admissibility is challenged. One factor of the Daubert test, the “known or potential rate of error” of the expert’s method, has received considerably less scholarly attention than the other factors, and past empirical study has indicated that judges have a difficult time understanding the factor and use it less frequently in their analyses as compared to other factors. In this paper, we examine one possible interpretation of the “known or potential rate of …


Bond V. United States: Concurring In The Judgment, Nicholas Quinn Rosenkranz Jan 2014

Bond V. United States: Concurring In The Judgment, Nicholas Quinn Rosenkranz

Georgetown Law Faculty Publications and Other Works

Bond v. United States presented the deep constitutional question of whether a treaty can increase the legislative power of Congress. Unfortunately, a majority of the Court managed to sidestep the constitutional issue by dodgy statutory interpretation. But the other three Justices—Scalia, Thomas, and Alito—all wrote important concurrences in the judgment, grappling with the constitutional issues presented. In particular, Justice Scalia’s opinion (joined by Justice Thomas), is a masterpiece, eloquently demonstrating that Missouri v. Holland is wrong and should be overruled: a treaty cannot increase the legislative power of Congress.