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Full-Text Articles in Law
Legislative Changes In The Law: Victims-Witnesses Young And Old, Gerald S. Reamey
Legislative Changes In The Law: Victims-Witnesses Young And Old, Gerald S. Reamey
Faculty CLE
No abstract provided.
Criminal Law, John M. Schmolesky
Mueller V. Allen: A Fairer Approach To The Establishment Clause, Michael S. Ariens
Mueller V. Allen: A Fairer Approach To The Establishment Clause, Michael S. Ariens
Faculty Articles
The decision upheld by the United States Supreme Court in Mueller v. Allen helds a new dawn in establishment clause jurisprudence. This five-to-four decision, written for the majority by Justice Rehnquist, upheld a Minnesota statute permitting taxpayers to deduct the tuition, textbook, transportation, and instructional material expenses of their children when calculating their state tax liability. By this decision, the Court has cleared the way for an accommodation between church and state that more equitably recognizes the principles and values that the religion clauses were intended to protect.
Following a review of the history of the establishment clause, tuition tax …
Judicial Federalism And Supreme Court Review Of State Court Decisions: A Sensible Balance Emerges, David A. Schlueter
Judicial Federalism And Supreme Court Review Of State Court Decisions: A Sensible Balance Emerges, David A. Schlueter
Faculty Articles
State courts are free to exercise final authority as arbiters of state law and adopt state standards that protect individual rights more than federal law. While state courts have responded to such urgings with expansive rulings, they have not always been careful about spelling out in their decisions whether they were relying on state law, federal law, or both. This judicial imprecision creates a jurisdictional dilemma for the Supreme Court when it is asked to review the state court decision. If the state's decision rests on independent and adequate state grounds, the Court will apply judicial restraint and decline review. …
Linguistic Diversity On The Airwaves: Spanish-Language Broadcasting And The Fcc, Bill Piatt
Linguistic Diversity On The Airwaves: Spanish-Language Broadcasting And The Fcc, Bill Piatt
Faculty Articles
Hispanics constitute an increasingly substantial segment of the United States population. The Spanish language is an important part of the Hispanic culture, and is spoken in a large number of American homes. However, while the Federal Communications Commission (FCC) and the courts have required broadcasters to present programming to meet the needs of various minority groups, including the Hispanic community, there are no clear guidelines as to when this community has a right to programming in Spanish. Conversely, broadcasters have no guidelines for determining their obligation, if any, to present Spanish programming arises.
To resolve this issue, it is helpful …
New Jersey V. T.L.O.: The Supreme Court’S Lesson On School Searches, Gerald S. Reamey
New Jersey V. T.L.O.: The Supreme Court’S Lesson On School Searches, Gerald S. Reamey
Faculty Articles
Considerable disagreement persists as to the fourth amendment rights of students within schools. Particularly, this disagreement regards the extent to which fourth amendment rights possessed by students may frustrate reasonable attempts by educators to maintain the order necessary to preserve an educational environment.
In New Jersey v. T.L.O., the Supreme Court considered an argument advanced by the State of New Jersey that the “pervasive supervision” of school children diminishes the legitimate expectation of privacy a child may have in property “unnecessarily” brought to school. The Court concluded that the necessity of maintaining security and order in the educational environment was …