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Articles 1 - 30 of 46

Full-Text Articles in Law

Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum Dec 2012

Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department - In Re Heckl, Michael Prisco Dec 2012

Appellate Division, Fourth Department - In Re Heckl, Michael Prisco

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. Umali, Andrew J. Vansingel Dec 2012

Court Of Appeals Of New York - People V. Umali, Andrew J. Vansingel

Touro Law Review

No abstract provided.


Appellate Division, First Department - People V. Martinez, Jean K. Delisle Dec 2012

Appellate Division, First Department - People V. Martinez, Jean K. Delisle

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - In Re Suarez, Malaika Makembe Dec 2012

Court Of Appeals Of New York - In Re Suarez, Malaika Makembe

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. White, Rosalinde Casalini Dec 2012

Court Of Appeals Of New York - People V. White, Rosalinde Casalini

Touro Law Review

No abstract provided.


Appellate Division, First Department - People V. Boyd, Joseph M. D'Amico Dec 2012

Appellate Division, First Department - People V. Boyd, Joseph M. D'Amico

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department - People V. Buchanan, Jacqulyn Vann Dec 2012

Appellate Division, Fourth Department - People V. Buchanan, Jacqulyn Vann

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. Luciano, Natasha Shishov Dec 2012

Court Of Appeals Of New York - People V. Luciano, Natasha Shishov

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. Leon, Madeline Katz, Madeline Klotz Dec 2012

Court Of Appeals Of New York - People V. Leon, Madeline Katz, Madeline Klotz

Touro Law Review

No abstract provided.


Appellate Division, First Department - People V. Williams, Brian E. Peterson Dec 2012

Appellate Division, First Department - People V. Williams, Brian E. Peterson

Touro Law Review

No abstract provided.


Court Of Appeals Of New York – People V. Hall, Christopher Shishko Dec 2012

Court Of Appeals Of New York – People V. Hall, Christopher Shishko

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - Giaquinto V. Comm’R Of New York State Dep’T Of Health, Heather Wine Dec 2012

Court Of Appeals Of New York - Giaquinto V. Comm’R Of New York State Dep’T Of Health, Heather Wine

Touro Law Review

No abstract provided.


Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn Dec 2012

Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn

Touro Law Review

No abstract provided.


Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein Sep 2012

Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein

Touro Law Review

The last Term of the Supreme Court addressed the constitutionally protected rights of criminal defendants not only at trial but at the post-conviction stage as well. The Court dealt with the defendant's rights to a speedy trial and effective assistance of counsel in Vermont v. Brillon; the claim was that these constitutional protections were substantially frustrated by underfunded public defender offices, thereby leaving the defendant improperly incarcerated for three years. The Court also considered a case wherein the State had utilized a jailhouse snitch to elicit inculpatory statements from a defendant in violation of his Sixth Amendment right to counsel. …


Federal Governmental Power: Preemption From The October 2008 Term, Eileen Kaufman Sep 2012

Federal Governmental Power: Preemption From The October 2008 Term, Eileen Kaufman

Touro Law Review

In a stunning trifecta, the Supreme Court ruled in favor of consumers and held that federal law did not preempt state consumer claims. The three cases concerned patients injured by drugs, smokers misled by false advertising, and borrowers victimized by predatory lending practices. These cases represent the latest battle in the ongoing war between consumer advocates and business entities over whether federal laws should be interpreted to erect barriers against state consumer protection laws.

Wyeth v. Levine raised the issue of whether approval of a drug by the F.D.A. preempts a state tort claim based on failure to warn. Altria …


Federal Governmental Power: The Voting Rights Act, Michael C. Dorf Sep 2012

Federal Governmental Power: The Voting Rights Act, Michael C. Dorf

Touro Law Review

No abstract provided.


Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii Sep 2012

Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii

Touro Law Review

Several employment discrimination decisions were handed down this Term. They were Ricci v.DeStefano (Title VII); Gross v.FBL Financial Services, Inc. (Age Discrimination in Employment Act); AT & T Corp. v. Hulteen (Pregnancy Discrimination Act); and 14 Penn Plaza L.L. C. v. Pyett, which concerned the impact of arbitration agreements upon the reach of federal employment discrimination laws.


The October 2008 Term: First Amendment And Then Some, Burt Neuborne Sep 2012

The October 2008 Term: First Amendment And Then Some, Burt Neuborne

Touro Law Review

Liberals must acknowledge a dirty little secret about American constitutional law; a secret that the Warren Court made apparent, though it had existed from the day John Marshall asserted the power of judicial review in a Constitution that says nothing about it. The secret is that there is no serious theory explaining or justifying what courts actually do when they strike down a statute as unconstitutional.

The Warren years were enormously important in moving the country forward. I do not know what we would have done without the wisdom and courage of the Court. But when you start looking for …


Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer Aug 2012

Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer

Touro Law Review

No abstract provided.


The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano Aug 2012

The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano

Touro Law Review

No abstract provided.


An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin Aug 2012

An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin

Touro Law Review

No abstract provided.


Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince Aug 2012

Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince

Touro Law Review

No abstract provided.


Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza Aug 2012

Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza

Touro Law Review

No abstract provided.


I’Ll Take “Improper Declarations Of Mistrial” For $2,000.00: Applying The Protection Against Double Jeopardy - Robar V. Labuda, Daniel Fier Aug 2012

I’Ll Take “Improper Declarations Of Mistrial” For $2,000.00: Applying The Protection Against Double Jeopardy - Robar V. Labuda, Daniel Fier

Touro Law Review

No abstract provided.


New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia Aug 2012

New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia

Touro Law Review

No abstract provided.


Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell Aug 2012

Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell

Touro Law Review

No abstract provided.


Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas Aug 2012

Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas

Touro Law Review

No abstract provided.


Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell Aug 2012

Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell

Touro Law Review

No abstract provided.


Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose Aug 2012

Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose

Touro Law Review

No abstract provided.