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Articles 61 - 76 of 76

Full-Text Articles in Law

Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson Jul 2000

Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson

Indiana Law Journal

No abstract provided.


Mr. Justice Holmes's Constitutionally Crooked Path Part Ii: The State Sovereignty Jurisdictional Stopgap , Mitchell B. Weiss Jan 1999

Mr. Justice Holmes's Constitutionally Crooked Path Part Ii: The State Sovereignty Jurisdictional Stopgap , Mitchell B. Weiss

Cleveland State Law Review

This article analyzes the last turn in Justice Holmes's constitutionally crooked path, largely by penetrating to the very core of the Supreme Court's recent decision in Alden v. Maine. Part I therefore traces the Court's waffling attitude towards the division of regulatory power between the state and federal governments. Then, against this backdrop, Part II takes the jurisdictional turn by analyzing the Court's most recent attempt to resuscitate the Tenth Amendment's check on Congress's Commerce Power. To sharpen the focus, much of this article will focus on the Fair Labor Standards Act, a federal statute that always seems to sit …


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.


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 Clean Air Act Amendments Of 1990 And An Unbridled Spending Power: Will They Survive On The Supreme Court's Road To Substantive Federalism, Mark A. Miller Jan 1998

The Clean Air Act Amendments Of 1990 And An Unbridled Spending Power: Will They Survive On The Supreme Court's Road To Substantive Federalism, Mark A. Miller

Cleveland State Law Review

The question remains as to how far the Supreme Court will go in its refortification of the Tenth Amendment. This Note explores emerging federalism trends and evaluates the CAA in light of a stronger state sovereignty that is appearing on the constitutional horizon. Parts II and III examine the CAAA and the constitutional problems engendered by the Act. Part IV examines current Tenth Amendment and Spending Clause jurisprudence, and illustrates that the CAAA is a classic example of how Congress has been able to circumvent the Tenth Amendment with its Spending power. Part V presents a new view of federalism …


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.


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.


Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli Jan 1998

Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli

Touro Law Review

No abstract provided.


Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department Jan 1998

Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department

Touro Law Review

No abstract provided.


Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh Jan 1998

Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh

Touro Law Review

No abstract provided.


Legislative Powers Jan 1995

Legislative Powers

Touro Law Review

No abstract provided.


Law-Making Responsibility And Statutory Interpretation, William D. Popkin Jul 1993

Law-Making Responsibility And Statutory Interpretation, William D. Popkin

Indiana Law Journal

No abstract provided.


Interstate Commerce Commission V. American Trucking Associations, Inc. Jan 1986

Interstate Commerce Commission V. American Trucking Associations, Inc.

Touro Law Review

No abstract provided.


Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin Jan 1986

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.