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Full-Text Articles in Law

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady Jul 2004

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 Jan 2004

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 Jan 2004

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 Jan 2000

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1998

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 Jan 1997

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 Jan 1996

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 Jan 1995

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 Jan 1994

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 Jan 1992

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 Jan 1992

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1988

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1986

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 Jan 1980

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 Jan 1980

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 Jan 1980

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 Jan 1980

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 Jan 1980

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.