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Articles 1 - 27 of 27

Full-Text Articles in Constitutional Law

Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White Jan 2022

Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White

Touro Law Review

Robert Cover’s Nomos and Narrative points to the need to recognize a second, novel dimension for understanding rights. His concept of nomos, applied to competing notions of nation in pluralistic societies, suggests that the current dimension for understanding rights, which conceives of them fundamentally as protections for the individual against the state, is too narrow. Rather a second dimension, understanding rights of individuals against the nation, and aimed at ensuring individuals’ ability to participate in the development of an idea of nation, is necessary to avoid “a total crushing of the jurisgenerative character” of nomoi by the state, or by …


Establishment Of Religion Supreme Court Appellate Division Third Department Jul 2019

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


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 Supreme Court Appellate Division Jul 2019

Due Process Supreme Court Appellate Division

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.


Due Process Court Of Appeals Jul 2019

Due Process Court Of Appeals

Touro Law Review

No abstract provided.


Supreme Court Queens County Jul 2019

Supreme Court Queens County

Touro Law Review

No abstract provided.


Double Jeopardy Jul 2019

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Supreme Court Appellate Division Second Department Jul 2019

Double Jeopardy Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck Apr 2016

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Apr 2016

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


How To Screen For Success In Employment Law Cases, Robert M. Rosen Mar 2016

How To Screen For Success In Employment Law Cases, Robert M. Rosen

Touro Law Review

No abstract provided.


Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff Mar 2016

Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff

Touro Law Review

No abstract provided.


Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer Mar 2016

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.


First Amendment Decisions - 2002 Term, Joel Gora Dec 2014

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.


What's A Lower Court To Do? Limiting Lawrence V. Texas And The Right To Sexual Autonomy, John Tuskey Dec 2014

What's A Lower Court To Do? Limiting Lawrence V. Texas And The Right To Sexual Autonomy, John Tuskey

Touro Law Review

No abstract provided.


The State-Created Danger Doctrine, Erwin Chemerinsky May 2014

The State-Created Danger Doctrine, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen May 2014

Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen

Touro Law Review

No abstract provided.


Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, Alex J. Berkman Oct 2013

Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, Alex J. Berkman

Touro Law Review

No abstract provided.


Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx Apr 2013

Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx

Touro Law Review

On November 1, 2008, the New York State Bar Association House of Delegates approved a resolution affirming their commitment towards establishing a civil right to counsel in New York State. One of the issues identified is a child's right to representation not only in criminal, but also civil proceedings. Unlike other litigant groups, children have a statutorily established right to council in civil proceedings. However, as the white paper, adopted by the New State Bar Association, details, there are gaps in children 's advocacy throughout New York State. While significant steps towards improvement have recently taken place, there is still …


Special Populations: Mobilization For Change Apr 2013

Special Populations: Mobilization For Change

Touro Law Review

This Article is based on a transcript of a break-out discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March 2008. The discussion was moderated by Karen L. Nicolson, Michael Williams, and Toby Golick.

This Article assesses the needs of various special populations and the possible strategies and solutions to create change through enacting a civil right to counsel. The Article is intended to capture information and viewpoints of the people who participated in the break-out discussion …


Advocacy In Health Proceedings In New York State, Kia C. Franklin Apr 2013

Advocacy In Health Proceedings In New York State, Kia C. Franklin

Touro Law Review

Individuals and communities navigating the healthcare system without an advocate often experience devastating outcomes and become burdened with unnecessary costs. These negative outcomes undermine the very utility of our healthcare system. The creation of a legal right to counsel for individuals with critical health related claims would meet an important and unmet need in our health and legal systems by empowering patients, improving the quality of health for many, and preventing unnecessary costs to the health care system.

A dedicated group of healthcare advocates, lawyers, public policy analysts, and other concerned individuals gathered together at Touro Law Center to strategize …


Section 1983 Cases In The October 2004 Term, Martin A. Schwartz Jan 2006

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996 Jan 1997

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz Jan 1988

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.