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Seton Hall Constitutional Law Journal

2001

Articles 1 - 30 of 35

Full-Text Articles in Law

Three Shots Into A Black Santa That May Unwittingly Start An Overhaul Of America's Criminal System: Apprendi V. New Jersey And The Restructuring Of The Federal Sentencing Guidelines., Adam Shane Caleb Ford Aug 2001

Three Shots Into A Black Santa That May Unwittingly Start An Overhaul Of America's Criminal System: Apprendi V. New Jersey And The Restructuring Of The Federal Sentencing Guidelines., Adam Shane Caleb Ford

Seton Hall Constitutional Law Journal

No abstract provided.


The Constitutional Status Of The President's Impoundment Of National Security Funds, Roy E. Brownell Ii Aug 2001

The Constitutional Status Of The President's Impoundment Of National Security Funds, Roy E. Brownell Ii

Seton Hall Constitutional Law Journal

No abstract provided.


Dissemination Of Harmful Matter To Minors Over The Internet, Alex C. Mcdonald Aug 2001

Dissemination Of Harmful Matter To Minors Over The Internet, Alex C. Mcdonald

Seton Hall Constitutional Law Journal

No abstract provided.


Fourth Amendment - Search And Seizure - Police Officers Are Not Limited In Making Custodial Misdemeanor Arrests By The Need To Balance The Necessity Of The Arrest With The Individual's Protection From Unreasonable Searches And Seizure - Atwater V. City Of Lago Vista, 121 S. Ct. 1536 (2001)., Fiona M. Kolvek Aug 2001

Fourth Amendment - Search And Seizure - Police Officers Are Not Limited In Making Custodial Misdemeanor Arrests By The Need To Balance The Necessity Of The Arrest With The Individual's Protection From Unreasonable Searches And Seizure - Atwater V. City Of Lago Vista, 121 S. Ct. 1536 (2001)., Fiona M. Kolvek

Seton Hall Constitutional Law Journal

No abstract provided.


First Amendment - Right To Free Expression And Free Association - Prisoners Providing Legal Assistance To Fellow Inmates Do Not Possess An Expanded Right To Free Expression - Shaw V. Murphy - 121 S. Ct. 1475 (2001)., Daniel D. Sierchio Aug 2001

First Amendment - Right To Free Expression And Free Association - Prisoners Providing Legal Assistance To Fellow Inmates Do Not Possess An Expanded Right To Free Expression - Shaw V. Murphy - 121 S. Ct. 1475 (2001)., Daniel D. Sierchio

Seton Hall Constitutional Law Journal

No abstract provided.


Editorial Board - Vol. 12, No. 1 Fall 2001 Aug 2001

Editorial Board - Vol. 12, No. 1 Fall 2001

Seton Hall Constitutional Law Journal

No abstract provided.


Nude Entertainment Zoning, Stephen Durden Aug 2001

Nude Entertainment Zoning, Stephen Durden

Seton Hall Constitutional Law Journal

No abstract provided.


First Amendment - Freedom Of Speech - A Public Elementary School's Exclusion Of A Christian Organization From Meeting On School Grounds Because Of The Organization's Religious Perspective Is Unconstitutional Viewpoint Discrimination - Good News Club V. Milford Central School, 121 S. Ct. 2093 (2001)., Melissa A. Natale Aug 2001

First Amendment - Freedom Of Speech - A Public Elementary School's Exclusion Of A Christian Organization From Meeting On School Grounds Because Of The Organization's Religious Perspective Is Unconstitutional Viewpoint Discrimination - Good News Club V. Milford Central School, 121 S. Ct. 2093 (2001)., Melissa A. Natale

Seton Hall Constitutional Law Journal

No abstract provided.


Table Of Contents Aug 2001

Table Of Contents

Seton Hall Constitutional Law Journal

No abstract provided.


Fifth Amendment - Equal Protection - Federal Statute Requiring Different Affirmative Requirements To Confer Citizenship To A Child Born Out Of Wedlock Depending On Whether The Citizen Parent Is The Mother Or The Father, Did Not Violate The Constitution's Equal Protection Guarantee Because The Requirements Served An Important Governmental Interest And Were Substantially Related To That Interest - Nguyen V. Immigration And Naturalization Service, 121 S. Ct. 2053 (2001)., Jennifer Johnson Aug 2001

Fifth Amendment - Equal Protection - Federal Statute Requiring Different Affirmative Requirements To Confer Citizenship To A Child Born Out Of Wedlock Depending On Whether The Citizen Parent Is The Mother Or The Father, Did Not Violate The Constitution's Equal Protection Guarantee Because The Requirements Served An Important Governmental Interest And Were Substantially Related To That Interest - Nguyen V. Immigration And Naturalization Service, 121 S. Ct. 2053 (2001)., Jennifer Johnson

Seton Hall Constitutional Law Journal

No abstract provided.


The Constitution Of The United States Of America Aug 2001

The Constitution Of The United States Of America

Seton Hall Constitutional Law Journal

No abstract provided.


The Racial And Cultural Profiling Of Asian Americans: A Review Of Contemporary Asian America: A Multidisciplinary Reader By Min Zhou & James V. Gatewood, Eds. Temple University Press, 2000. Pp. 657., Harvey Gee Jun 2001

The Racial And Cultural Profiling Of Asian Americans: A Review Of Contemporary Asian America: A Multidisciplinary Reader By Min Zhou & James V. Gatewood, Eds. Temple University Press, 2000. Pp. 657., Harvey Gee

Seton Hall Constitutional Law Journal

No abstract provided.


Fourth Amendment - Search And Seizure - New Jersey Supreme Court Continues To Protect The Privacy Rights Of New Jersey's Citizens By Requiring Both Probable Cause And Exigent Circumstances In Order To Search A Vehicle Without A Warrant Pursuant To The Automobile Exception - State V. Cooke, 751 A.2d 92 (N.J. 2000)., Kate L. Yannitte Jun 2001

Fourth Amendment - Search And Seizure - New Jersey Supreme Court Continues To Protect The Privacy Rights Of New Jersey's Citizens By Requiring Both Probable Cause And Exigent Circumstances In Order To Search A Vehicle Without A Warrant Pursuant To The Automobile Exception - State V. Cooke, 751 A.2d 92 (N.J. 2000)., Kate L. Yannitte

Seton Hall Constitutional Law Journal

No abstract provided.


The Supreme Court And The American Character, Edward A. Hartnett Jun 2001

The Supreme Court And The American Character, Edward A. Hartnett

Seton Hall Constitutional Law Journal

No abstract provided.


Are Cops Constitutional?, Roger Roots Jun 2001

Are Cops Constitutional?, Roger Roots

Seton Hall Constitutional Law Journal

No abstract provided.


Article Iii - Standing - Article Iii Standing Is Available To Citizen Group Seeking To Enforce Provisions Of The Clean Water Act Through Citizen Suit Provision - Friends Of The Earth, Inc. V. Laidlaw Environmental Service (Toc), Inc., 528 U.S. 167 (2000)., Jason Attwood Jun 2001

Article Iii - Standing - Article Iii Standing Is Available To Citizen Group Seeking To Enforce Provisions Of The Clean Water Act Through Citizen Suit Provision - Friends Of The Earth, Inc. V. Laidlaw Environmental Service (Toc), Inc., 528 U.S. 167 (2000)., Jason Attwood

Seton Hall Constitutional Law Journal

No abstract provided.


Fourth Amendment - Unreasonable Searches And Seizures - Unprovoked Flight Upon Noticing Police Officers While Present In A High-Crime Area Are Relevant Factors Which Create A Reasonable Suspicion To Justify A Terry Stop And Thus Does Not Violate The Fourth Amendment's Prohibition Of Unreasonable Searches And Seizures - Illinois V. Wardlow, 120 S. Ct. 673 (2000)., Peter E. Moran Jun 2001

Fourth Amendment - Unreasonable Searches And Seizures - Unprovoked Flight Upon Noticing Police Officers While Present In A High-Crime Area Are Relevant Factors Which Create A Reasonable Suspicion To Justify A Terry Stop And Thus Does Not Violate The Fourth Amendment's Prohibition Of Unreasonable Searches And Seizures - Illinois V. Wardlow, 120 S. Ct. 673 (2000)., Peter E. Moran

Seton Hall Constitutional Law Journal

No abstract provided.


New Jersey Constitution, Article I, Paragraphs Six And Eighteen - Free Speech And Assembly - State Constitutional Protections Of Speech And Assembly Prohibit Commercial Shopping Centers From Unreasonably Restricting Collective And Individual Expressive Activities On Their Premises - Green Party Of New Jersey V. Hartz Mountain Industries, Inc., 752 A.2d 315 (N.J. 2000)., Joni Noble Jun 2001

New Jersey Constitution, Article I, Paragraphs Six And Eighteen - Free Speech And Assembly - State Constitutional Protections Of Speech And Assembly Prohibit Commercial Shopping Centers From Unreasonably Restricting Collective And Individual Expressive Activities On Their Premises - Green Party Of New Jersey V. Hartz Mountain Industries, Inc., 752 A.2d 315 (N.J. 2000)., Joni Noble

Seton Hall Constitutional Law Journal

No abstract provided.


The Constitution Of The United States Of America Jun 2001

The Constitution Of The United States Of America

Seton Hall Constitutional Law Journal

No abstract provided.


Table Of Contents Jun 2001

Table Of Contents

Seton Hall Constitutional Law Journal

No abstract provided.


First Amendment - Freedom Of Expressive Association - The New Jersey Law Against Discrimination's Prohibition Against Discrimination On The Basis Of Sexual Orientation Is Unconstitutional As Applied To An Organization That Purports To View Homosexuality As Immoral And Bars Homosexuals From Participation - Boy Scouts Of America V. Dale, 120 S. Ct. 2446 (2000)., Stephen P. Hayford Jun 2001

First Amendment - Freedom Of Expressive Association - The New Jersey Law Against Discrimination's Prohibition Against Discrimination On The Basis Of Sexual Orientation Is Unconstitutional As Applied To An Organization That Purports To View Homosexuality As Immoral And Bars Homosexuals From Participation - Boy Scouts Of America V. Dale, 120 S. Ct. 2446 (2000)., Stephen P. Hayford

Seton Hall Constitutional Law Journal

No abstract provided.


First Amendment - Freedom Of Speech - Where Alleged Defamatory Speech Implicates A Matter Of Public Interest, Reputational Or Pecuniary Harm May Not Be Presumed Absent A Showing Of Actual Malice - Rocci V. Ecole Secondaire Macdonald-Cartier, 755 A.2d 583 (N.J. 2000)., Kimberly A. Lake Jun 2001

First Amendment - Freedom Of Speech - Where Alleged Defamatory Speech Implicates A Matter Of Public Interest, Reputational Or Pecuniary Harm May Not Be Presumed Absent A Showing Of Actual Malice - Rocci V. Ecole Secondaire Macdonald-Cartier, 755 A.2d 583 (N.J. 2000)., Kimberly A. Lake

Seton Hall Constitutional Law Journal

No abstract provided.


Table Of Contents Jan 2001

Table Of Contents

Seton Hall Constitutional Law Journal

No abstract provided.


Pornographic Movies, Obscene Books, Fighting Words, And Pink-Haired Students: Constitutional Freedom Of Expression And Some Comparisons With Irish Constitutional Law, Carol Daugherty Rasnic Jan 2001

Pornographic Movies, Obscene Books, Fighting Words, And Pink-Haired Students: Constitutional Freedom Of Expression And Some Comparisons With Irish Constitutional Law, Carol Daugherty Rasnic

Seton Hall Constitutional Law Journal

No abstract provided.


First Amendment - Freedom Of Speech And The Press - Statute Regulating Speech And Speech-Related Conduct Within 100-Feet Of An Entrance To A Health Care Facility Is A Narrowly Tailored Content-Neutral Time, Place, And Manner Regulation - Hill V. Colorado, 120 S. Ct. 2480 (2000)., Allison Lange Jan 2001

First Amendment - Freedom Of Speech And The Press - Statute Regulating Speech And Speech-Related Conduct Within 100-Feet Of An Entrance To A Health Care Facility Is A Narrowly Tailored Content-Neutral Time, Place, And Manner Regulation - Hill V. Colorado, 120 S. Ct. 2480 (2000)., Allison Lange

Seton Hall Constitutional Law Journal

No abstract provided.


The Invincibility Of Constitutional Error: The Rehnquist Court's States' Rights Assault On Fourteenth Amendment Protections Of Individual Rights, Brent E. Simmons Jan 2001

The Invincibility Of Constitutional Error: The Rehnquist Court's States' Rights Assault On Fourteenth Amendment Protections Of Individual Rights, Brent E. Simmons

Seton Hall Constitutional Law Journal

No abstract provided.


Fourteenth Amendment - Due Process Clause - Chicago's Antigang Loitering Ordinance Is Unconstitutionally Vague - City Of Chicago V. Morales, 527 U.S. 41 (1999)., Boris Mankovetskiy Jan 2001

Fourteenth Amendment - Due Process Clause - Chicago's Antigang Loitering Ordinance Is Unconstitutionally Vague - City Of Chicago V. Morales, 527 U.S. 41 (1999)., Boris Mankovetskiy

Seton Hall Constitutional Law Journal

No abstract provided.


Article I Section 8 & Section 5 Of The Fourteenth Amendment - Commerce And Enforcement Clauses - Congress Lacks The Authority To Enact A Statute Awarding A Civil Remedy To Victims Of Gender-Motivated Crimes Due To The Lack Of Effect Of Such Violence On Interstate Commerce - United States V. Morrison, 529 U.S. 598 (2000)., Joan P. Duffy Jan 2001

Article I Section 8 & Section 5 Of The Fourteenth Amendment - Commerce And Enforcement Clauses - Congress Lacks The Authority To Enact A Statute Awarding A Civil Remedy To Victims Of Gender-Motivated Crimes Due To The Lack Of Effect Of Such Violence On Interstate Commerce - United States V. Morrison, 529 U.S. 598 (2000)., Joan P. Duffy

Seton Hall Constitutional Law Journal

No abstract provided.


First Amendment - Establishment Clause - School District Policy Permitting Student-Initiated Prayer At High School Football Game Violates The Establishment Clause - Santa Fe Independent School District V. Doe, 120 S. Ct. 2266 (2000)., Nicole M. Weber Jan 2001

First Amendment - Establishment Clause - School District Policy Permitting Student-Initiated Prayer At High School Football Game Violates The Establishment Clause - Santa Fe Independent School District V. Doe, 120 S. Ct. 2266 (2000)., Nicole M. Weber

Seton Hall Constitutional Law Journal

No abstract provided.


Fourteenth Amendment - Due Process - Compliance With Supreme Court Jurisprudence In The Post Roe And Casey Era - Criminalizing The Performance Of Partial-Birth Abortions In Nebraska Violates The United States Constitution As Interpreted In Casey - Stenberg V. Carhart, 120 S. Ct. 2597 (2000)., Jenny R. Kramer Jan 2001

Fourteenth Amendment - Due Process - Compliance With Supreme Court Jurisprudence In The Post Roe And Casey Era - Criminalizing The Performance Of Partial-Birth Abortions In Nebraska Violates The United States Constitution As Interpreted In Casey - Stenberg V. Carhart, 120 S. Ct. 2597 (2000)., Jenny R. Kramer

Seton Hall Constitutional Law Journal

No abstract provided.