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Articles 1 - 30 of 137
Full-Text Articles in Law
Due Process Supreme Court Rockland County
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Second Department
Due Process Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Due Process Pringle V. Wolfe (Decided 28, 1996)
Due Process Pringle V. Wolfe (Decided 28, 1996)
Touro Law Review
No abstract provided.
Due Process People V. Scott (Decided June 5, 1996)
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
The Law Of Taking Elsewhere And, One Suspects, In Maine, Orlando E. Delogu
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Double Jeopardy, Court Of Appeals: People V. Latham
Touro Law Review
No abstract provided.
Double Jeopardy, Court Of Appeals: People V. Vasquez
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
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
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.
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
Due Process, Court Of Appeals: People V. Thompson
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals: People V. Funches
Search And Seizure, Court Of Appeals: People V. Funches
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals: People V. Turriago
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
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
Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling
Touro Law Review
No abstract provided.