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Articles 31 - 60 of 281
Full-Text Articles in Law
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
Working Paper Series
Much has been written about the protections afforded by the Free Exercise Clause when government regulation impacts the religious practices of individuals, and if one looks for guidance from the Supreme Court, the rules are fairly clear. Prior to 1990, the Supreme Court had long employed a balancing approach that afforded—at least in theory—significant relief. Under this approach individuals were entitled to exemptions from laws which substantially burdened religious conduct unless enforcement was justified by a compelling state interest. In 1990, in Employment Division v. Smith, the Supreme Court abandoned this balancing test for all but a few categories of …
Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson
Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson
Steven L. Chanenson
No abstract provided.
The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
Working Paper Series
In light of increasing punitive damages awards, the United States Supreme Court formulated criteria for evaluating whether a punitive damages award is so unreasonably large that it violates substantive due process. Unfortunately, these "guideposts," which were first erected in BMW v. Gore and applied last term in State Farm v. Campbell, are difficult to use and have resulted in inconsistent decisions. Indeed, Justice Scalia stated that they "mark a road to nowhere." The authors argue that the problems with the guideposts can be fixed by refining the third guidepost, which compares the punitive damages award to the criminal (or civil) …
Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski
Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski
Villanova Law Review
No abstract provided.
Constitutional Law - When Coerced Statements Lead To More Evidence: The Poisonous Tree Blooms Again In The Fifth Amendment, Quinten Bowman
Constitutional Law - When Coerced Statements Lead To More Evidence: The Poisonous Tree Blooms Again In The Fifth Amendment, Quinten Bowman
Villanova Law Review
No abstract provided.
Constitutional Law - Constitutional Remedy - The Third Circuit's Approach To 42 U.S.C. 1983 Malicious Prosecution Claims, Mary E. Williams
Constitutional Law - Constitutional Remedy - The Third Circuit's Approach To 42 U.S.C. 1983 Malicious Prosecution Claims, Mary E. Williams
Villanova Law Review
No abstract provided.
Products Liability - The Effect Of Medtronic, Inc. V. Lohr On Third Circuit Products Liability Litigation: Medical Device Amendments Do Not Pre-Empt State Law Tort Claims, Elizabeth G. Harkins
Products Liability - The Effect Of Medtronic, Inc. V. Lohr On Third Circuit Products Liability Litigation: Medical Device Amendments Do Not Pre-Empt State Law Tort Claims, Elizabeth G. Harkins
Villanova Law Review
No abstract provided.
Signs Of Danger - The Third Circuit Emphasizes Foreseeability As The Crucial Element In The State-Created Danger Theory: Morse V. Lower Merion School District, Christina M. Madden
Signs Of Danger - The Third Circuit Emphasizes Foreseeability As The Crucial Element In The State-Created Danger Theory: Morse V. Lower Merion School District, Christina M. Madden
Villanova Law Review
No abstract provided.
Constitutional Law - To Punish Or Not To Punish - That Is The Question - Taylor V. Cisneros: Addressing The Constitutional Prohibitions Against Civil Sanctions In The Third Circuit, Caroline J. Patterson
Constitutional Law - To Punish Or Not To Punish - That Is The Question - Taylor V. Cisneros: Addressing The Constitutional Prohibitions Against Civil Sanctions In The Third Circuit, Caroline J. Patterson
Villanova Law Review
No abstract provided.
Constitutional Law - United States V. Goldberg: The Third Circuit's Nontraditional Approach To Waiver Of The Sixth Amendment Right To Counsel, Jennifer Elizabeth Parker
Constitutional Law - United States V. Goldberg: The Third Circuit's Nontraditional Approach To Waiver Of The Sixth Amendment Right To Counsel, Jennifer Elizabeth Parker
Villanova Law Review
No abstract provided.
Constitutional Law - Constitutional Assessment Of State And Municipal Residential Hiring Preference Laws, George T. Reynolds
Constitutional Law - Constitutional Assessment Of State And Municipal Residential Hiring Preference Laws, George T. Reynolds
Villanova Law Review
No abstract provided.
Constitutional Law - The Practical And Procedural Implications Of Jury Misconduct In The Third Circuit, Elise E. Walthall
Constitutional Law - The Practical And Procedural Implications Of Jury Misconduct In The Third Circuit, Elise E. Walthall
Villanova Law Review
No abstract provided.
Constitutional Law - Reining In Patronage By Saying No To Government Employers Seeking To Assert The Political Exception Doctrine In The Elrod/Branti Analysis, Mark W. Helwig
Villanova Law Review
No abstract provided.
Constitutional Law - Filling Senatorial Vacancies, Michael B. Novakovic
Constitutional Law - Filling Senatorial Vacancies, Michael B. Novakovic
Villanova Law Review
No abstract provided.
Constitutional Law - State Buy American Statute Held A Valid Exercise In Economic Protectionism, Caroline J. Hasson
Constitutional Law - State Buy American Statute Held A Valid Exercise In Economic Protectionism, Caroline J. Hasson
Villanova Law Review
No abstract provided.
Constitutional Law - Cruising For A Bruising - An Attack On The Right To Interstate Travel, Keith E. Smith
Constitutional Law - Cruising For A Bruising - An Attack On The Right To Interstate Travel, Keith E. Smith
Villanova Law Review
No abstract provided.
Constitutional Law - The Resolution Of The Conflict Between First Amendment Speech Analysis And The Commercial Speech Doctrine, Sheila Mcvey Mangan
Constitutional Law - The Resolution Of The Conflict Between First Amendment Speech Analysis And The Commercial Speech Doctrine, Sheila Mcvey Mangan
Villanova Law Review
No abstract provided.
Constitutional Law - First Amendment - Federal Requirement That Cattle Producers Fund Statutorily Created Cattlemen's Board And Beef Promotion Operating Committee Does Not Violate Free Speech Or Associational Rights, Paul Snitzer
Villanova Law Review
No abstract provided.
Constitutional Law - The Effect Of A Statutory Medical Malpractice Damage Cap On Seventh Amendment Right To A Jury Trial, Scott Lang
Villanova Law Review
No abstract provided.
Constitutional Law - Issues Involved In The Dismissal Of Police Officers Based On Refusal To Submit To Drug Urinalysis Testing, Mark T. Buchinsky
Constitutional Law - Issues Involved In The Dismissal Of Police Officers Based On Refusal To Submit To Drug Urinalysis Testing, Mark T. Buchinsky
Villanova Law Review
No abstract provided.
Constitutional Law - Preemption - Federal Preemption Of Common-Law Claims Of Unjust Discrimination During Exemption Of Rail Transportation From Regulation Under Staggers Rail Act, William A. Threadgill
Constitutional Law - Preemption - Federal Preemption Of Common-Law Claims Of Unjust Discrimination During Exemption Of Rail Transportation From Regulation Under Staggers Rail Act, William A. Threadgill
Villanova Law Review
No abstract provided.
Constitutional Law - Congressional Abrogation Of The Eleventh Amendment - States Are Not Subject To Suits In Federal Court Brought By Private Parties Pursuant To The Comprehensive Environmental Response, Compensation And Liability Act, David M. Augustine
Villanova Law Review
No abstract provided.
Constitutional Law - First Amendment - Public Does Not Have Absolute Right Of Access To Government Agency Information, Richard W. Riley
Constitutional Law - First Amendment - Public Does Not Have Absolute Right Of Access To Government Agency Information, Richard W. Riley
Villanova Law Review
No abstract provided.
Constitutional Law - Protective Orders Prohibiting Publication Of Information Obtained Through Discovery, Joseph A. Almeida
Constitutional Law - Protective Orders Prohibiting Publication Of Information Obtained Through Discovery, Joseph A. Almeida
Villanova Law Review
No abstract provided.
Constitutional Law - Author Can Be Prosecuted Under Federal Mail Fraud Statute For Misrepresenting Contents Of Book, Virginia L. Flick
Constitutional Law - Author Can Be Prosecuted Under Federal Mail Fraud Statute For Misrepresenting Contents Of Book, Virginia L. Flick
Villanova Law Review
No abstract provided.
Consumer Product Safety: Preemption, The Commerce Clause And State Regulatory Authority, James L. Winokur, Jennifer Robbins
Consumer Product Safety: Preemption, The Commerce Clause And State Regulatory Authority, James L. Winokur, Jennifer Robbins
Villanova Law Review
No abstract provided.
Strategies In Zoning And Community Living Arrangements For Retarded Citizens: Parens Patriae Meets Police Power, Penelope A. Boyd
Strategies In Zoning And Community Living Arrangements For Retarded Citizens: Parens Patriae Meets Police Power, Penelope A. Boyd
Villanova Law Review
No abstract provided.
The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein
The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein
Villanova Law Review
No abstract provided.
Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana
Villanova Law Review
No abstract provided.
Federal Communications Commission - Fairness Doctrine - Requirement That A Fairness Doctrine Complaint Establish A Prima Facie Case Defining A Specific Issue, Doris Del Tosto
Villanova Law Review
No abstract provided.