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Articles 1 - 15 of 15
Full-Text Articles in Law
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Cornell Law Faculty Publications
American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even …
The Case Of A Lifetime, Richard C. Reuben
The Case Of A Lifetime, Richard C. Reuben
Faculty Publications
There is great difficulty in defining pro bono lawyering. The classic model is the practitioner who devotes time to representing a client in a civil or criminal matter. But some consider other legal relationships pro bono as well, such as service on the boards of directors of nonprofit organizations, legal work at reduced fees, and activities that improve the law and legal profession. In the case of organizations such as the ACLU and the NAACP LDF, pro bono means a mixture of much of the above, as public interest law firms work hand in hand with private lawyers and firms …
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
Scholarly Works
No abstract provided.
Due Process: Alfonso V. Fernandez
Gift Or Loan Of State Money: Schulz V. State Of New York
Gift Or Loan Of State Money: Schulz V. State Of New York
Touro Law Review
No abstract provided.
Puntive Damages -- Developments In Section 1983 Cases, Martin A. Schwartz, Eileen Kaufman
Puntive Damages -- Developments In Section 1983 Cases, Martin A. Schwartz, Eileen Kaufman
Touro Law Review
No abstract provided.
Self Incrimination: People V. Tankleff
The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano
The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano
Vanderbilt Journal of Transnational Law
The globalization of the United States economy in the latter half of the twentieth century has fostered greater interaction between the United States and foreign states and their instrumentalities. As a result, the likelihood of legal disputes arising between United States entities and foreign states has increased. Traditionally, foreign states have been immune from suit in United States courts. However, the Foreign Sovereign Immunities Act (FSIA), enacted in 1976, specifies instances in which United States courts may deny immunity to foreign states and exercise jurisdiction over them. Under one provision of the FSIA, a foreign state may forfeit its immunity …
Section 1983 Litigation, Martin A. Schwartz
A Comparison Of The Federal And New York State Rape Shield Statutes, Deborah Stavile Bartel
A Comparison Of The Federal And New York State Rape Shield Statutes, Deborah Stavile Bartel
Touro Law Review
No abstract provided.
Prior Written Notice Statutes In New York State: The Resurrection Of Sovereign Immunity, Lewis J. Lubell
Prior Written Notice Statutes In New York State: The Resurrection Of Sovereign Immunity, Lewis J. Lubell
Touro Law Review
No abstract provided.
Ineffective Assistance Of Counsel: In Re Jamie Tt.
Ineffective Assistance Of Counsel: In Re Jamie Tt.
Touro Law Review
No abstract provided.
The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson
The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson
St. Mary's Law Journal
This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …
The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo
The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo
All Faculty Scholarship
California jurisdictions have increasingly used injunctions to combat the growth criminal street gangs. The use of civil sanctions to redress criminal activity raises difficult constitutional questions, potentially creating personal criminal codes that may infringe upon defendants’ substantive constitutional rights. In addition, employing civil remedies may deprive defendants of constitutional procedural protections that would have been provided if the jurisdiction had elected to deter the same behavior with available criminal sanctions. Although the use of injunctions places pressure on a number of substantive constitutional rights, including the freedom of association, freedom of expression, right to travel, the injunction terms will likely …
Twenty-Five Years After Goldberg V. Kelly: Traveling From The Right Spot On The Wrong Road To The Wrong Place, Randy Lee
Randy Lee
No abstract provided.