Open Access. Powered by Scholars. Published by Universities.®

Supreme Court of the United States Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 55

Full-Text Articles in Supreme Court of the United States

Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi Jan 2022

Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi

Touro Law Review

After decades of confusion, the Supreme Court ruled on child custody in an international setting in Monasky v. Taglieri, by attempting to establish the definition of a child’s “habitual residence.” The Court held that a child’s “residence in a particular country can be deemed ‘habitual, however, only when her residence there is more than transitory.’” Further, the Court stated that, ‘“[h]abitual’ implies customary, usual, of the nature of a habit.”’ However, the Supreme Court’s ruling remains unclear. The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“HCCAICA” or “The Hague Convention”), which is adopted in ninety-eight …


You Have The Right To Remain Silent, And It Can And Will Be Used Against You: Addressing Post-Arrest Pre-Miranda Silence, Maria P. Hirakis Jan 2022

You Have The Right To Remain Silent, And It Can And Will Be Used Against You: Addressing Post-Arrest Pre-Miranda Silence, Maria P. Hirakis

Touro Law Review

The right to remain silent has long been recognized by the Supreme Court as requiring a high degree of protection. Since Miranda v. Arizona was decided in 1966, procedural safeguards have been put in place to inform individuals of this right upon arrest. Yet, a gray area exists when it comes to the use of an individual's silence post-arrest. It may surprise some that a point in time exists when an individual has not yet been read their Miranda rights post-arrest. Several circuit courts have taken the position that any silence that follows arrest but precedes the reading of Miranda …


Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron Jan 2021

Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron

Scholarly Works

No abstract provided.


Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron Jan 2021

Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron

Touro Law Review

No abstract provided.


Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine Oct 2020

Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine

Scholarly Works

For decades, scholars have documented the United States Supreme Court’s “hands-off approach” to questions of religious practice and belief, pursuant to which the Court has repeatedly declared that judges are precluded from making decisions that require evaluating and determining the substance of religious doctrine. At the same time, many scholars have criticized this approach, for a variety of reasons. The early months of the COVID-19 outbreak brought these issues to the forefront, both directly, in disputes over limitations on religious gatherings due to the virus, and indirectly, as the Supreme Court decided important cases turning on religious doctrine. Taken together, …


Trial By Jury Jan 1993

Trial By Jury

Touro Law Review

No abstract provided.


The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan Jan 1993

The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan

Touro Law Review

No abstract provided.


Self Incrimination Jan 1993

Self Incrimination

Touro Law Review

No abstract provided.


Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf Jan 1992

Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Weissmann V. Freeman: Derivative Works By Joint Authors-Originality And Copyright Infringement In The Second Circuit, David P. Gerstman M.D. Jan 1992

Weissmann V. Freeman: Derivative Works By Joint Authors-Originality And Copyright Infringement In The Second Circuit, David P. Gerstman M.D.

Touro Law Review

No abstract provided.


Labor Not A Commodity Jan 1992

Labor Not A Commodity

Touro Law Review

No abstract provided.


Rules And Regulations Jan 1992

Rules And Regulations

Touro Law Review

No abstract provided.


Trial By Jury Jan 1992

Trial By Jury

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Supreme Court Jurisdiction Jan 1992

Supreme Court Jurisdiction

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1991

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Abortion Rights, Eileen Kaufman Jan 1991

Abortion Rights, Eileen Kaufman

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1991

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Affirmative Action, Douglas Scherer, John Dunne Jan 1991

Affirmative Action, Douglas Scherer, John Dunne

Touro Law Review

No abstract provided.


Environmental Law, Honorable Leon D. Lazer Jan 1991

Environmental Law, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.