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Articles 31 - 60 of 517
Full-Text Articles in Courts
Fixing What’S Broken: The Outdated Guidelines Of The Sca And Its Application To Modern Information Platforms, Lutfi Barakat
Fixing What’S Broken: The Outdated Guidelines Of The Sca And Its Application To Modern Information Platforms, Lutfi Barakat
Touro Law Review
In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to afford privacy protections to electronic communications and it has not changed since its inception. The ECPA has proven problematic as technology has advanced, but Congress has not modified the law to reflect this change. Courts have struggled to apply the law to both old technologies that have been updated and new technologies that have emerged. The ECPA needs to be revised to reflect the new advances in technology or be repealed and replaced with a new approach. This will ensure that consumer data will be safeguarded while in the …
Globalization And Privatization Of Federal Corporate Prosecutions: The Pressures Eroding Fifth Amendment Rights, Katarina Resar Krasulova
Globalization And Privatization Of Federal Corporate Prosecutions: The Pressures Eroding Fifth Amendment Rights, Katarina Resar Krasulova
Touro Law Review
Over the past several decades, our society has continued to become even more globalized and interconnected. The dynamic put increasing pressure on the fairness of criminal trials in domestic courts. This Article discusses two recent phenomena that illustrate this evolution and their impact on the defendants’ rights against selfincrimination: the globalization and privatization of the federal prosecutions. Globalization is understood as the United States’ Government’s increased reliance on foreign authorities in prosecution of cross-border crimes, while privatization denotes the Government’s reliance on private actors in conducting investigations. Investigations conducted by private entities and foreign governments, and the evidence those investigations …
Witness For The Self: Miranda V. Arizona’S Political Theology, Graham James Mcaleer
Witness For The Self: Miranda V. Arizona’S Political Theology, Graham James Mcaleer
Touro Law Review
No abstract provided.
Mercy In American Law: The Promise Of The Adoption Of The Outlook Of Jewish Law, Yehiel Kaplan
Mercy In American Law: The Promise Of The Adoption Of The Outlook Of Jewish Law, Yehiel Kaplan
Touro Law Review
Under Jewish law, mercy and compassion are essential principles to ensure the presence of a just legal system. Not only do mercy and compassion in the law preserve traditional values of human dignity, implementing a more compassionate legal system has practical benefits in both the spheres of legal judgment and of legal punishment. This article will compare the Jewish legal system’s application of these necessary doctrines to how other modern legal systems, including the American legal system, implement mercy and compassion. As a result of this in-depth comparison, this article recommends that the American legal system, and other modern legal …
In Memoriam, Marvin Schick, Pioneer In The Study Of Courts, Jeffrey B. Morris
In Memoriam, Marvin Schick, Pioneer In The Study Of Courts, Jeffrey B. Morris
Touro Law Review
No abstract provided.
Yes, “Stealthing” Is Sexual Assault… And We Need To Address It, Mikaela Shapiro
Yes, “Stealthing” Is Sexual Assault… And We Need To Address It, Mikaela Shapiro
Touro Law Review
Nonconsensual condom removal, more popularly known as “stealthing,” exposes victims to potential physical risks such as pregnancy and disease and, as victims make clear, feelings of violation and shame. Such condom removal changes sex from consensual sex into nonconsensual sex. There are currently no laws criminalizing stealthing in the United States. This Note considers possible criminal and civil remedies victims may seek in a court of law. Conditional consent, initial consent to sexual activity that is contingent upon intercourse with a condom and may be revoked once that condom is removed, is a key factor in stealthing cases. Ultimately, this …
Comic Books, The First Amendment, And The “Best Test” For Right Of Publicity Issues, Rachel Silverstein
Comic Books, The First Amendment, And The “Best Test” For Right Of Publicity Issues, Rachel Silverstein
Touro Law Review
No abstract provided.
Restoring Trust In The Judiciary: A Critical, High Priority Project For The Biden Administration, Richard C. Cahn
Restoring Trust In The Judiciary: A Critical, High Priority Project For The Biden Administration, Richard C. Cahn
Touro Law Review
No abstract provided.
Keeping The Lights On Through Dark Times: How Subchapter V Bankruptcy Should Protect Small Businesses Decimated By The Pandemic, Daniel Lebrun
Keeping The Lights On Through Dark Times: How Subchapter V Bankruptcy Should Protect Small Businesses Decimated By The Pandemic, Daniel Lebrun
Touro Law Review
Small to mid-market, independent businesses are at the heart of our economy and play a pivotal role in job creation. While it’s estimated by the House of Representatives that these companies account for over half of overall U.S. employment, they have been traditionally underserved in bankruptcy law. Historically, the resources necessary to complete a chapter 11 bankruptcy are not within reach for these small to mid-market businesses. Passed in 2019, the Small Business Reorganization Act has modified the Bankruptcy Code to provide new avenues for these small businesses in need. Impactful in its own right, it has emerged as a …
The Law Of Obscenity In Comic Books, Rachel Silverstein
The Law Of Obscenity In Comic Books, Rachel Silverstein
Touro Law Review
No abstract provided.
The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante
The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante
Touro Law Review
No abstract provided.
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Touro Law Review
No abstract provided.
Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile
Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile
Touro Law Review
No abstract provided.
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria
Touro Law Review
No abstract provided.
The Legal Significance Of Custom In The Halakhic Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulchan, Shlomo C. Pill, Michael J. Broyde
The Legal Significance Of Custom In The Halakhic Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulchan, Shlomo C. Pill, Michael J. Broyde
Touro Law Review
No abstract provided.
Lawful Permanent Residency: A Potential Solution For Temporary Protected Status Holders In The Eastern District Of New York, Cody M. Gecht
Lawful Permanent Residency: A Potential Solution For Temporary Protected Status Holders In The Eastern District Of New York, Cody M. Gecht
Touro Law Review
No abstract provided.
Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori
Touro Law Review
No abstract provided.
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
Touro Law Review
No abstract provided.
The Growth And Need For Veterans Treatment Courts, Chad Lennon
The Growth And Need For Veterans Treatment Courts, Chad Lennon
Touro Law Review
No abstract provided.
Just How Reliable Is The Human Memory? The Admissibility Of Recovered Repressed Memories In Criminal Proceedings, Shannon L. Malone
Just How Reliable Is The Human Memory? The Admissibility Of Recovered Repressed Memories In Criminal Proceedings, Shannon L. Malone
Touro Law Review
No abstract provided.
The “Foul” Protection For A Photographer’S Original And Creative Choices In A Photograph: Exploring The Implications Of Rentmeester V. Nike, Inc. On Creativity In Photography, Olivia Lattanza
Touro Law Review
No abstract provided.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Touro Law Review
No abstract provided.
The Copyrightability Of Fictional Characters: Why Harry Potter, Arya Stark, And Matrim Cauthon Are Copyrightable, Justin Scharff
The Copyrightability Of Fictional Characters: Why Harry Potter, Arya Stark, And Matrim Cauthon Are Copyrightable, Justin Scharff
Touro Law Review
No abstract provided.
Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron
Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron
Touro Law Review
No abstract provided.
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis
Touro Law Review
No abstract provided.
Establishment Of Religion Supreme Court Appellate Division Third Department
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Equal Protection Supreme Court Appellate Division Third Department
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
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.