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Full-Text Articles in Law

A License To Discriminate? 303 Creative V. Elenis And Where The Supreme Court May Go, Christopher J. Manettas Jan 2024

A License To Discriminate? 303 Creative V. Elenis And Where The Supreme Court May Go, Christopher J. Manettas

Touro Law Review

No abstract provided.


Blocking Faith: How American Muslims Are Chilled Through The New Anti-Muslim Statutes And The Security Agencies’ Surveillance In The Era Of Digital Policing, Ahmed Al Rawi Jan 2024

Blocking Faith: How American Muslims Are Chilled Through The New Anti-Muslim Statutes And The Security Agencies’ Surveillance In The Era Of Digital Policing, Ahmed Al Rawi

Touro Law Review

This Article explores the legal repercussions resulting from the new wave of anti-Muslim statutes and the state monitoring operations on American Muslims’ First Amendment rights. This Article argues that the U.S. government security agencies’ surveillance operations (actions) that target American Muslims’ religious activities and the new anti-Muslim statutes (laws) established in various states are clear violations of Muslim Americans’ First Amendment rights.


The Long Shadow Of United States V. Rosenberg: A Biographical Perspective On The Hon. Irving Robert Kaufman, Rodger D. Citron Jan 2022

The Long Shadow Of United States V. Rosenberg: A Biographical Perspective On The Hon. Irving Robert Kaufman, Rodger D. Citron

Scholarly Works

No abstract provided.


Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger Jan 2022

Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger

Touro Law Review

Robert Cover’s Nomos and Narrative is an instructive tale for the constitutional battle over whether religious wedding vendors must be required to serve same-sex couples. He helps us see how contending communities’ deep narratives of martyrdom and obedience to the values of their paideic communities can be silenced by the imperial community’s insistence on choosing one community’s story over another community’s in adjudication. The wedding vendor cases call for an alternative to jurispathic violence, for a constitutionally redemptive response that prizes a nomos of inclusion and respect for difference.


Remarks On My Mentor, Robert Cover, Hon. Guido Calabresi Jan 2022

Remarks On My Mentor, Robert Cover, Hon. Guido Calabresi

Touro Law Review

No abstract provided.


Debunking “De Minimis” Violations Of Prisoners’ Religious Rights: Further Problems With The Supreme Court’S “Hands Off” Approach, Samantha Sparacino Jan 2021

Debunking “De Minimis” Violations Of Prisoners’ Religious Rights: Further Problems With The Supreme Court’S “Hands Off” Approach, Samantha Sparacino

Touro Law Review

Circuits are split as there continues to be an inconsistent application of Supreme Court doctrine stemming from the notion of the separation of church and the state. Imprisonment does not strip a wrongdoer of his constitutionally guaranteed rights and protections. Some Circuits have held that a minor, or de minimis, interpretation of an inmate’s religious rights can constitute a substantial burden under the Religious Land Use and Institutionalized Persons Act. In the absence of clear direction from the Supreme Court, I propose that courts should refrain from determining the value of a religious belief or practice as it relates …


Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez Jan 2020

Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez

Touro Law Review

No abstract provided.


The Law Of Obscenity In Comic Books, Rachel Silverstein Jan 2020

The Law Of Obscenity In Comic Books, Rachel Silverstein

Touro Law Review

No abstract provided.


The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante Jan 2020

The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante

Touro Law Review

No abstract provided.


Let All Voters Vote: Independents And The Expansion Of Voting Rights In The United States, Jeremy Gruber, Michael A. Hardy, Harry Kresky Jan 2019

Let All Voters Vote: Independents And The Expansion Of Voting Rights In The United States, Jeremy Gruber, Michael A. Hardy, Harry Kresky

Touro Law Review

No abstract provided.


Playing Word Games With New York’S No Surcharge Law, Katie Coggins Jan 2018

Playing Word Games With New York’S No Surcharge Law, Katie Coggins

Touro Law Review

No abstract provided.


The Wholesale Exclusion Of Religion From Public Benefits Programs: Why The First Amendment Religion Clauses Must Take A Backseat To Equal Protection, Michael J. Borger Jan 2017

The Wholesale Exclusion Of Religion From Public Benefits Programs: Why The First Amendment Religion Clauses Must Take A Backseat To Equal Protection, Michael J. Borger

Touro Law Review

No abstract provided.


Finding A Fair Balance For The Right Of Publicity And First Amendment Protections, Christine Digregorio Jan 2017

Finding A Fair Balance For The Right Of Publicity And First Amendment Protections, Christine Digregorio

Touro Law Review

No abstract provided.


"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey Jan 2017

"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey

Touro Law Review

No abstract provided.


Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone, Shira Bloom Jan 2017

Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone, Shira Bloom

Touro Law Review

No abstract provided.


#Protected Hashtags, Trademarks, And The First Amendment, Delaram Yousefi Jan 2017

#Protected Hashtags, Trademarks, And The First Amendment, Delaram Yousefi

Touro Law Review

No abstract provided.


A Progressive Mind: Louis D. Brandeis And The Origins Of Free Speech, Elizabeth Todd Byron Jan 2017

A Progressive Mind: Louis D. Brandeis And The Origins Of Free Speech, Elizabeth Todd Byron

Touro Law Review

No abstract provided.


The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora Mar 2016

The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora

Touro Law Review

No abstract provided.


Appellate Division, Third Department Matter, Of Schulz V. Pataki, Daniela Licata Mar 2016

Appellate Division, Third Department Matter, Of Schulz V. Pataki, Daniela Licata

Touro Law Review

No abstract provided.


Criminal Court, New York County People V. Yablov, Daniel Henthorne Mar 2016

Criminal Court, New York County People V. Yablov, Daniel Henthorne

Touro Law Review

No abstract provided.


United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy Mar 2016

United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy

Touro Law Review

No abstract provided.


United States Court Of Appeals Second Circuit, Seabrook V. City Of New York, Wendy Holland Mar 2016

United States Court Of Appeals Second Circuit, Seabrook V. City Of New York, Wendy Holland

Touro Law Review

No abstract provided.


The Calm After The Storm: First Amendment Cases In The Supreme Court’S 2000-2001 Term, Joel Gora Mar 2016

The Calm After The Storm: First Amendment Cases In The Supreme Court’S 2000-2001 Term, Joel Gora

Touro Law Review

No abstract provided.


Associational Discrimination: How Far Can It Go?, Jessica Vogele Jan 2016

Associational Discrimination: How Far Can It Go?, Jessica Vogele

Touro Law Review

No abstract provided.


Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie Aug 2015

Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie

Touro Law Review

No abstract provided.


The Difficulty Of Balancing The Doctrine Of Prior Restraint With The Right Of Privacy, Bridgette Nunez Aug 2015

The Difficulty Of Balancing The Doctrine Of Prior Restraint With The Right Of Privacy, Bridgette Nunez

Touro Law Review

No abstract provided.


Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky May 2015

Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Tyranny Of The Arrogant, Ignorant And Intolerant: The Liberal Movement To Undermine Free Speech, Hon. Loretta A. Preska May 2015

Tyranny Of The Arrogant, Ignorant And Intolerant: The Liberal Movement To Undermine Free Speech, Hon. Loretta A. Preska

Touro Law Review

No abstract provided.


Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin May 2015

Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin

Touro Law Review

No abstract provided.


Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz Apr 2015

Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz

Touro Law Review

No abstract provided.