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Articles 1 - 16 of 16
Full-Text Articles in Jurisprudence
Courting Citation Consistency: Justice Frankfurter And West Coast Hotel Co. V. Parrish, Helen J. Knowles-Gardner
Courting Citation Consistency: Justice Frankfurter And West Coast Hotel Co. V. Parrish, Helen J. Knowles-Gardner
Touro Law Review
This Article examines the three U.S. Supreme Court opinions authored by Justice Felix Frankfurter that cited the landmark decision in West Coast Hotel Co. v. Parrish (1937). I describe the three Parrish-citing opinions as: (1) “perfunctory”—Mayo v. Lakeland Highlands Canning Co. (1940) (Frankfurter, J., joined by Black and Douglas, JJ., dissenting); (2) “ugly”—Winters v. New York (1948) (Frankfurter, J., joined by Jackson and Burton, JJ., dissenting); and (3) “good”—American Federation of Labor v. American Sash & Door Co. (1949) (Frankfurter, J., concurring). Whatever one might think about the substance of these opinions, there is absolutely no doubt of the following. …
‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Soloman, Russell G. Pearce
‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Soloman, Russell G. Pearce
Touro Law Review
The role and function of “halakha” (Jewish law) in Jewish communal life is a divisive issue: while Orthodox Jews tend to embrace Jewish law, non-Orthodox Jews (here deemed “Heterodox”) generally reject Jewish law and halakhic discourse. We will explore the way in which Robert Cover’s work offers an antidote to categorical Heterodox distaste for halakha specifically, and law more broadly, providing a pathway into an articulation of halakha that may speak to Heterodox Jews specifically: one that is driven by creative “jurisgenerative” potential, that is informed by a paideic pluralism, and that is fundamentally democratic in its commitment to being …
Reconsidering The Nomos In Today’S Media Environment, Kimberlianne Podlas
Reconsidering The Nomos In Today’S Media Environment, Kimberlianne Podlas
Touro Law Review
Today’s media landscape is wholly unlike that which existed when Cover first discussed narrative and the nomos; specifically, the status of television as both a cultural messenger and object of scholarly study has changed significantly. Accordingly, this article contemplates narrative in the contemporary media environment, specifically, television as an essential source of narratives. To enhance understandings of the roles television narratives play and which narratives play a role, this article employs an empirical perspective. Surveying Media Theory, it outlines research on television effects, including when and why television’s representations of law can impact audience attitudes, behaviors, perceptions, knowledge, and judgements. …
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Touro Law Review
No abstract provided.
Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger
Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger
Touro Law Review
No abstract provided.
The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander
The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander
Touro Law Review
No abstract provided.
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
Touro Law Review
No abstract provided.
The Post-Alice Jurisprudence Pendulum And Its Effects On Patent Eligible Subject Matter, John Robert Sepúlveda
The Post-Alice Jurisprudence Pendulum And Its Effects On Patent Eligible Subject Matter, John Robert Sepúlveda
Touro Law Review
No abstract provided.
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post
Touro Law Review
No abstract provided.
The Praise Of Silly: Critical Legal Studies And The Roberts Court, James F. Lucarello
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 …
Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three-Pronged Test?, Thomas A. Schweitzer
Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three-Pronged Test?, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Touro Law Review
No abstract provided.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Touro Law Review
No abstract provided.
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Touro Law Review
No abstract provided.