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Full-Text Articles in Law

Due Process Supreme Court Rockland County Jul 2019

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Third Department Jul 2019

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Second Department Jul 2019

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Due Process Pringle V. Wolfe (Decided 28, 1996) Jul 2019

Due Process Pringle V. Wolfe (Decided 28, 1996)

Touro Law Review

No abstract provided.


Due Process People V. Scott (Decided June 5, 1996) Jul 2019

Due Process People V. Scott (Decided June 5, 1996)

Touro Law Review

No abstract provided.


Supreme Court Queens County Jul 2019

Supreme Court Queens County

Touro Law Review

No abstract provided.


The Law Of Taking Elsewhere And, One Suspects, In Maine, Orlando E. Delogu Feb 2018

The Law Of Taking Elsewhere And, One Suspects, In Maine, Orlando E. Delogu

Maine Law Review

The debate as to the meaning of the Taking Clause in the Fifth Amendment of the United States Constitution seems unending. This short, almost cryptic constitutional provision, “nor shall private property be taken for public use, without just compensation,” has over the years given rise to both court challenges and philosophic debate aimed at parsing out the meaning and parameters of this language. As the need for regulatory controls (imposed by every level of government) has increased, the number of challenges and the stridency of the debate has also increased. Moreover, these challenges have increasingly found their way to the …


The Occupy Wall Street Movement And The Constitution: Protestors Preoccupied With The First Amendment, Christine Verbitsky Mar 2014

The Occupy Wall Street Movement And The Constitution: Protestors Preoccupied With The First Amendment, Christine Verbitsky

Touro Law Review

No abstract provided.


City Court Of New York, City Of Watertown: People V. Saldana, Ara K. Ayvazian Oct 2011

City Court Of New York, City Of Watertown: People V. Saldana, Ara K. Ayvazian

Touro Law Review

No abstract provided.


City Court Of New York, City Of Watertown: People V. Saldana, Ara K. Ayvazian Oct 2011

City Court Of New York, City Of Watertown: People V. Saldana, Ara K. Ayvazian

Touro Law Review

No abstract provided.


Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier Oct 2010

Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier

Golden Gate University Law Review

This Comment examines the controversial relationship between the ESA and the Commerce Clause. Part I provides an overview of the Commerce Clause and the ESA. Part II reviews the evolution of the Commerce Clause and examines, in its current form, the Constitution's capacity to support the ESA. Part III examines the likelihood of Supreme Court review of the ESA due to conflicting circuit court opinions and recent changes in the Supreme Court composition. Part IV identifies several factors that endanger the ESA at the Supreme Court level. The Comment concludes that, despite several seemingly favorable factors, the Commerce Clause framework …


Code Of Silence: Police Shootings And The Right To Remain Silent, Robert M. Myers Sep 2010

Code Of Silence: Police Shootings And The Right To Remain Silent, Robert M. Myers

Golden Gate University Law Review

Two events in September 1995 gave the public a brief glimpse of law enforcement officers asserting the Fifth Amendment privilege. In the "trial of the century," Los Angeles Police Department Detective Mark Fuhrman asserted the privilege during the O.J. Simpson murder trial in response to questions concerning whether he planted evidence or provided truthful testimony. A week later, an FBI agent asserted the privilege in response to a Senate committee's inquiry concerning the shootout at Ruby Ridge, Idaho. These highly publicized exercises of the privilege are rare. For the most part, invocations of the privilege by the police are a …


Spare The Rod, Spoil The Child? A Legal Framework For Recent Corporal Punishment Proposals, Scott Bloom Sep 2010

Spare The Rod, Spoil The Child? A Legal Framework For Recent Corporal Punishment Proposals, Scott Bloom

Golden Gate University Law Review

This comment will highlight some of the legal concerns raised by legislative proposals advocating the introduction of corporal punishment into the American juvenile court. The comment will begin by reviewing the historical use of corporal punishment, contrasting the decline of corporal punishment in the criminal justice system with its continued use in the school system. Although the United States Supreme Court has held that school children are not entitled to the protection of the Eighth Amendment when they are paddled, the comment will contend that ordering juvenile offenders to corporal punishment must be subject to review under the Eighth and …


Prison Law - Casey V. Lewis: The Legal Burden Is Raised; The Physical Barrier Is Spared, Song Hill Sep 2010

Prison Law - Casey V. Lewis: The Legal Burden Is Raised; The Physical Barrier Is Spared, Song Hill

Golden Gate University Law Review

In Casey v. Lewis, the Ninth Circuit held that a prisoner's Fourteenth Amendment rights of meaningful access to the courts are not violated when he is prohibited from contact visitation with his attorney under an Arizona prison regulation. The Ninth Circuit requires prisoners to demonstrate the unreasonableness of a prison regulation which infringes upon their constitutional rights. Further, the court approves an adequate law library as an alternative to attorney-client visits to satisfy a prisoner's Fourteenth Amendment rights of meaningful access to the courts, discounting counsel's indispensable services to a prisoner.


The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett Sep 2010

The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett

Golden Gate University Law Review

This comment will first provide a brief historic overview of civil forfeiture and the Eighth Amendment's Excessive Fines Clause. The comment will then discuss how the guilty property fiction and previous court interpretations of the Eighth Amendment have interacted to prevent proportionality review of civil forfeitures. Next, the comment will examine the Supreme Court decision in Austin v. United States and its potential impact on civil forfeiture law. Additionally, this comment will explore the potential of Austin to extend further constitutional protections to parties in civil forfeiture proceedings. Finally, this comment will conclude that, in light of the Austin decision, …


Church Of The Lukumi Babalu Aye, Inc. V. City Of Hialeah: A Reader's Companion To Contemporary Free Exercise Jurisprudence And The Right To Perform Ritual Animal Sacrifice, Rod M. Fliegel Sep 2010

Church Of The Lukumi Babalu Aye, Inc. V. City Of Hialeah: A Reader's Companion To Contemporary Free Exercise Jurisprudence And The Right To Perform Ritual Animal Sacrifice, Rod M. Fliegel

Golden Gate University Law Review

Contemporary scholars have devoted ample attention to the Court's free exercise jurisprudence. The scope of this comment is thus appropriately limited to consideration of the fundamental free exercise questions presented by Hialeah. Although some review is obviously necessary, this comment is not intended as a comprehensive discussion of recent free exercise cases. Principally, issues which remain unresolved in the wake of the Court's Smith decision will be addressed, including the following. Observing that "neutrality" is the cornerstone of the Smith decision, what evidence may properly be considered when making the neutrality assessment? Will facial-neutrality be dispositive? Additionally, assuming that Smith …


Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Barker Brandt Sep 2010

Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Barker Brandt

Golden Gate University Law Review

In this article, I will first review the Court's Establishment Clause jurisprudence to date, with special attention to the issue of school prayer. Second, I will synthesize the major historical arguments driving the Court's analysis in this area. Third, I will summarize and analyze the opinions in Lee, their impact on existing jurisprudence and their importance for future cases in this area.


Love V. Superior Court: Mandatory Aids Testing And Prostitution, Karin Zink Sep 2010

Love V. Superior Court: Mandatory Aids Testing And Prostitution, Karin Zink

Golden Gate University Law Review

The AIDS epidemic has brought one of our most fundamental constitutional rights into sharp focus in California. The relationship between the Fourth Amendment right to be free from unreasonable searches and seizures and the government's ability to mandate AIDS testing was the topic of a recent California case, Love v. Superior Court. In a unanimous decision the California Court of Appeal upheld section 1202.6 of the California Penal Code [hereinafter § 1202.6] mandating AIDS testing of persons convicted of soliciting an act of prostitution. The court held that the California law does not violate the Fourth Amendment's prohibition against unreasonable …


Different Endings: Lethal Injection, Animal Euthanasia, Humane Slaughter, And Unregulated Slaugter, Jeff Welty Aug 2010

Different Endings: Lethal Injection, Animal Euthanasia, Humane Slaughter, And Unregulated Slaugter, Jeff Welty

Golden Gate University Environmental Law Journal

This Article compares the laws and regulations that govern the termination of life in several contexts: lethal injection of condemned inmates; the euthanasia of companion animals; the slaughter of farmed animals covered by the Humane Methods of Slaughter Act; and the slaughter of farmed and other animals not covered by the Act.


Free Speech, Court Of Appeals: Rogers V. New York City Transit Authority Jan 1998

Free Speech, Court Of Appeals: Rogers V. New York City Transit Authority

Touro Law Review

No abstract provided.


Double Jeopardy, Court Of Appeals: People V. Latham Jan 1998

Double Jeopardy, Court Of Appeals: People V. Latham

Touro Law Review

No abstract provided.


Double Jeopardy, Court Of Appeals: People V. Vasquez Jan 1998

Double Jeopardy, Court Of Appeals: People V. Vasquez

Touro Law Review

No abstract provided.


Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council Jan 1998

Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council

Touro Law Review

No abstract provided.


Free Speech, Court Of Appeals: People V. Tichenor Jan 1998

Free Speech, Court Of Appeals: People V. Tichenor

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H. Jan 1998

Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H.

Touro Law Review

No abstract provided.


Due Process, Court Of Appeals: People V. Thompson Jan 1998

Due Process, Court Of Appeals: People V. Thompson

Touro Law Review

No abstract provided.


Search And Seizure, Court Of Appeals: People V. Funches Jan 1998

Search And Seizure, Court Of Appeals: People V. Funches

Touro Law Review

No abstract provided.


Search And Seizure, Court Of Appeals: People V. Turriago Jan 1998

Search And Seizure, Court Of Appeals: People V. Turriago

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith Jan 1998

Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith

Touro Law Review

No abstract provided.


Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling Jan 1998

Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling

Touro Law Review

No abstract provided.