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Jurisprudence Commons

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Touro University Jacob D. Fuchsberg Law Center

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Articles 61 - 90 of 209

Full-Text Articles in Jurisprudence

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

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.


Qualified Immunity When Facts Are In Dispute, Leon Friedman Apr 2016

Qualified Immunity When Facts Are In Dispute, Leon Friedman

Touro Law Review

No abstract provided.


Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post Mar 2016

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post

Touro Law Review

No abstract provided.


The Science Of Sociological Jurisprudence As A Methodology For Legal Analysis, Richard Langone Mar 2016

The Science Of Sociological Jurisprudence As A Methodology For Legal Analysis, Richard Langone

Touro Law Review

No abstract provided.


Toward A Political Theory For Private International Law, John Linarelli Jan 2016

Toward A Political Theory For Private International Law, John Linarelli

Scholarly Works

Private international law presents a dilemma for legal and political philosophy. Legal and political philosophers have ignored private international law, with only a few scattered attempts to evaluate its claims. Private international law offers a powerful set of counterexamples that put into serious doubt attempts to link law’s authority only or primarily to relationships between states and citizens. No society, state, or other practice-mediated relationship can serve as grounds for the authority of private international law to persons to whom it applies but who are outside of such relationships. Private international law affects the normative situations of persons entirely outside …


Navajo Therapeutic Jurisprudence, James W. Zion May 2015

Navajo Therapeutic Jurisprudence, James W. Zion

Touro Law Review

No abstract provided.


Control Or Security: A Therapeutic Approach To The Freedom Of Contract, Yuval Feldman May 2015

Control Or Security: A Therapeutic Approach To The Freedom Of Contract, Yuval Feldman

Touro Law Review

No abstract provided.


Constructing A Normative Framework For Therapeutic Jurisprudence Using Social Work Principles As A Model, Robert G. Madden, Raymie H. Wayne May 2015

Constructing A Normative Framework For Therapeutic Jurisprudence Using Social Work Principles As A Model, Robert G. Madden, Raymie H. Wayne

Touro Law Review

No abstract provided.


Drug Treatment Court: Therapeutic Jurisprudence Applied, Bruce J. Winick, David B. Wexler May 2015

Drug Treatment Court: Therapeutic Jurisprudence Applied, Bruce J. Winick, David B. Wexler

Touro Law Review

No abstract provided.


Jurisprudential Countertransference, Marla Kahn May 2015

Jurisprudential Countertransference, Marla Kahn

Touro Law Review

No abstract provided.


Rights Are Not Enough: Therapeutic Jurisprudence Lessons For Law Reformers, Nathalie Des Rosiers May 2015

Rights Are Not Enough: Therapeutic Jurisprudence Lessons For Law Reformers, Nathalie Des Rosiers

Touro Law Review

No abstract provided.


Introduction Symposium: The Varieties Of Therapeutic Experience, A.J. Stephani May 2015

Introduction Symposium: The Varieties Of Therapeutic Experience, A.J. Stephani

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 Week After, Lawrence K. Karlton Dec 2014

The Week After, Lawrence K. Karlton

Touro Law Review

No abstract provided.


Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky Dec 2014

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky Jun 2014

An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Challenging Unjust Convictions Under Section 1983, Leon Friedman May 2014

Challenging Unjust Convictions Under Section 1983, Leon Friedman

Touro Law Review

No abstract provided.


Appellate Division, Second Department, Smith V. Marrus, Elaine Yang May 2014

Appellate Division, Second Department, Smith V. Marrus, Elaine Yang

Touro Law Review

No abstract provided.


Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer May 2014

Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein May 2014

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein

Touro Law Review

No abstract provided.


An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein May 2014

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.


Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman May 2014

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Lower Court Compliance With Supreme Court Remands, Elise Borochoff Jun 2013

Lower Court Compliance With Supreme Court Remands, Elise Borochoff

Touro Law Review

No abstract provided.


The Praise Of Silly: Critical Legal Studies And The Roberts Court, James F. Lucarello Sep 2012

The Praise Of Silly: Critical Legal Studies And The Roberts Court, James F. Lucarello

Touro Law Review

This Comment demonstrates that the Supreme Court is lying to you in its opinions. Why is it lying? The short answer to this question is quite simple: It is being silly.

There is nothing inherently wrong with being silly. In fact, some praise silliness, as a heightened and healthy understanding of the indeterminate world that incorporates our reality. Silliness, how ever, is only praise-worthy when it is understood and utilized purposefully. The silliness of most of the Justices on the Supreme Court, on the other hand, is a product of self-delusion and fundamentalism, which makes their silliness not silly at …


Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii Sep 2012

Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii

Touro Law Review

Several employment discrimination decisions were handed down this Term. They were Ricci v.DeStefano (Title VII); Gross v.FBL Financial Services, Inc. (Age Discrimination in Employment Act); AT & T Corp. v. Hulteen (Pregnancy Discrimination Act); and 14 Penn Plaza L.L. C. v. Pyett, which concerned the impact of arbitration agreements upon the reach of federal employment discrimination laws.


The October 2008 Term: First Amendment And Then Some, Burt Neuborne Sep 2012

The October 2008 Term: First Amendment And Then Some, Burt Neuborne

Touro Law Review

Liberals must acknowledge a dirty little secret about American constitutional law; a secret that the Warren Court made apparent, though it had existed from the day John Marshall asserted the power of judicial review in a Constitution that says nothing about it. The secret is that there is no serious theory explaining or justifying what courts actually do when they strike down a statute as unconstitutional.

The Warren years were enormously important in moving the country forward. I do not know what we would have done without the wisdom and courage of the Court. But when you start looking for …


A Passion For Justice, Charles A. Reich Sep 2012

A Passion For Justice, Charles A. Reich

Touro Law Review

What makes a good judge or justice? The public has a need to know. But simplistic labels, such as "activist," "liberal" and "conservative," are both meaningless and misleading. Perhaps aformer law clerk can offer a different perspective.

I served with David J. Vann as law clerk to Justice Hugo L.Black during the momentous 1953 Term of the Supreme Court. This was the year when Brown v. Board of Education was decided. It was also the year when Chief Justice Vinson died and was replaced by the Governor of California, Earl Warren. And it was also a year in which the …


New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein Jan 2012

New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein

Touro Law Review

No abstract provided.


The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron Apr 2011

The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron

Scholarly Works

No abstract provided.