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749 full-text articles. Page 1 of 14.

Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan 2014 Touro College Jacob D. Fuchsberg Law Center

Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan

Touro Law Review

No abstract provided.


Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy 2014 University of Michigan Law School

Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy

University of Michigan Journal of Law Reform

A defendant’s Fourteenth Amendment due process rights are violated when a state agency fails to disclose crucial exculpatory or impeachment evidence — so-called Brady violations. When this happens, the defendant should be provided the means not only to locate this evidence, but also to fully develop it in state post-conviction processes. When the state system prohibits both the means and legal mechanism to develop Brady claims, the defendant should be immune to any procedural penalties in either state or federal court. In other words, the defendant should not be required to return to state court to exhaust such a claim ...


The Separate But Unequal Constitution, Adam Lamparello 2014 SelectedWorks

The Separate But Unequal Constitution, Adam Lamparello

Adam Lamparello

No abstract provided.


Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson 2014 Touro College Jacob D. Fuchsberg Law Center

Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson

Touro Law Review

No abstract provided.


You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza 2014 Touro College Jacob D. Fuchsberg Law Center

You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza

Touro Law Review

No abstract provided.


Don't Feed The Deer: Misapplications Of Statutory Vagueness And The First Amendment Overbreadth Doctrine, Brian Hodgkinson 2014 Touro College Jacob D. Fuchsberg Law Center

Don't Feed The Deer: Misapplications Of Statutory Vagueness And The First Amendment Overbreadth Doctrine, Brian Hodgkinson

Touro Law Review

No abstract provided.


The Fifth Circuit Lays Economic Protectionism To Rest In St. Joseph Abbey, Elizabeth Trafton 2014 Boston College Law School

The Fifth Circuit Lays Economic Protectionism To Rest In St. Joseph Abbey, Elizabeth Trafton

Boston College Law Review

On March 20, 2013, the U.S. Court of Appeals for the Fifth Circuit in St. Joseph Abbey v. Castille held that the economic protection of a discrete interest group does not constitute a legitimate state interest under rational basis review. In so holding, the court split from the Tenth Circuit, which held the opposite almost a decade earlier. This Comment argues that courts should follow the Fifth Circuit’s decision and deem economic protectionism an illegitimate state interest. Recognizing economic protectionism as a legitimate state interest, as the Tenth Circuit did, is inconsistent with U.S. Supreme Court precedent.


Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson 2014 SelectedWorks

Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson

Darren L Hutchinson

Abstract

Preventing Balkanization or Facilitating Racial Domination: A Critique of the

New Equal Protection

The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors remain colorblind. The colorblindness doctrine has caused the Court to invalidate many policies that were designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights ...


Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. DeLellis 2014 SelectedWorks

Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis

Cory A DeLellis

This thesis discusses why laws that restrict marital rights and recognition, on the basis of the couple’s sexual orientation, should be subject to a heightened or intermediate level of judicial scrutiny under Equal Protection challenges. This thesis addresses, analyzes, and suggests why sexual orientation – within the context of same-sex couples – should be considered a quasi-suspect class, rather than a non-suspect class, so that laws negatively impacting couples based on their sexual orientation are subjected to a fairer and more reasonable level of judicial scrutiny.


Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt L. Black Jr. 2014 SelectedWorks

Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt L. Black Jr.

Watt Lesley Black Jr.

This paper focuses primarily on federal circuit level decisions regarding public school district's ability to discipline students who engage in electronic speech while off-campus and not involved in school activities. Particular attention is paid to the question of whether and how appeals courts have been willing to apply the "material and substantial disruption" standard from the Supreme Court's 1969 Tinker v. Des Moines decision to speech occurring off-campus. The paper, which is targeted toward both legal scholars and school administrators, draws together the common threads from the various circuits and weaves them into a set of guidelines for ...


Homeschooling As A Constitutional Right: A Claim Under A Close Look At Meyer And Pierce And The Lochner-Based Assumptions They Made About State Regulatory Power, David M. Wagner 2014 SelectedWorks

Homeschooling As A Constitutional Right: A Claim Under A Close Look At Meyer And Pierce And The Lochner-Based Assumptions They Made About State Regulatory Power, David M. Wagner

David N. Wagner

In 2012, a German family of would-be homeschoolers, the Romeikes, fled to the U.S. to escape fines and child removal for this practice, which has been illegal in Germany since 1938. The Sixth Circuit, in denying their asylum request, conspicuously did not slam the door on the possibility that if the Romeikes were U.S. citizens, they might have a right to homeschool. This article takes up that question, and argues that Meyer and Pierce, the classic cases constitutionalizing the right to use private schools, point beyond those holdings towards a right to homeschool; and that the permissible state ...


Bait And Switch: Why United States V. Morrison Is Wrong About Section Five, Kermit Roosevelt III 2014 University of Pennsylvania Law School

Bait And Switch: Why United States V. Morrison Is Wrong About Section Five, Kermit Roosevelt Iii

Faculty Scholarship

As the title suggests, the article examines Morrison’s creation of the rule that the Section Five power cannot be used to regulate private individuals. This is one of the most meaningful and, thus far, durable constraints that the Court has placed on federal power. It is the more surprising, then, that it turns out to be based on essentially nothing at all. The Morrison Court asserted that its rule was derived by—indeed, “controlled by”—precedent, but a closer reading of the Reconstruction-era decisions it cites shows that this is simply not the case. An independent evaluation of the ...


Weathering Wal-Mart, Joseph A. Seiner 2014 Notre Dame Law School

Weathering Wal-Mart, Joseph A. Seiner

Notre Dame Law Review

In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title ...


Rollover Risk: Ideating A U.S. Debt Default, Steven L. Schwarz 2014 Boston College Law School

Rollover Risk: Ideating A U.S. Debt Default, Steven L. Schwarz

Boston College Law Review

This Article examines how a U.S. debt default might occur, how it could be avoided, its potential consequences if not avoided, and how those consequences could be mitigated. The most realistic default would result from rollover risk: the risk that the government will be temporarily unable to borrow sufficient funds to repay its maturing debt. The United States, like most governments, routinely finances itself through short-term debt, which is less expensive than long-term debt. But this cost-saving does not come free of charge: it increases the threat of default. A U.S. debt default—even a mere “technical” default ...


Book Review: "Supremely Simple" (Reviewing Professor Eric J. Segall's "Supreme Myths: Why The Supreme Court Is Not A Court And Its Justices Are Not Judges"), Calvin J. TerBeek 2014 SelectedWorks

Book Review: "Supremely Simple" (Reviewing Professor Eric J. Segall's "Supreme Myths: Why The Supreme Court Is Not A Court And Its Justices Are Not Judges"), Calvin J. Terbeek

Calvin J TerBeek

Professor Eric Segall wants to make the Supreme Court a much more boring institution. All those highly-charged, 5-4, end of term decisions concerning the hot-button culture war issues? Gone. Segall’s thesis is straightforward: “unless the constitutional text or undisputed history behind that text forecloses a governmental decision, the Court should defer to the elected branches and the states” (p. 168). This is because, according to Segall, the Supreme Court is not a real court and the Justices do not act like real judges. However, Segall's blinkered view of the Court shows that he is more than an attitudinalist ...


Shootings On Campus: Successful Section 1983 Suits Against The School?, Susan S. Bendlin 2014 SelectedWorks

Shootings On Campus: Successful Section 1983 Suits Against The School?, Susan S. Bendlin

Susan S. Bendlin

Shootings on school campuses have shocked the public time and time again. In January of 2013 alone, eight school shootings occurred and half took place on college or university campuses. This Article explores a university’s potential liability for school shootings by examining one potential avenue for legal relief -- the federal cause of action that an injured victim or the estate of a deceased victim may bring under 42 U.S.C. §1983 (2006). The specific constitutional right implicated in section 1983 school shooting suits is a Fourteenth Amendment substantive Due Process right. The Due Process Clause of the Fourteenth ...


Prisoner Disenfranchisement In The Uk Vs. The Us: Whom Does It Affect?, Rosi Lehr 2014 SelectedWorks

Prisoner Disenfranchisement In The Uk Vs. The Us: Whom Does It Affect?, Rosi Lehr

Rosi Lehr

Prisoner disenfranchisement is the denial of a prisoner's right to vote. The UK and US both recognize and apply prisoner disenfranchisement in their countries. Both countries are viewed as the biggest advocates of disenfranchisement. The right to vote is viewed as a privilege by both, which may be revoked for antisocial behavior and for violating the laws of the land. There are some differences though between the two countries. The actual extent of the disenfranchisement, where it originates, who it affects, and how it is governed are just a few differences. We will first examine how the UK handles ...


Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle 2014 Maurer School of Law: Indiana University

Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle

Indiana Law Journal

In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I contend that ...


Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon 2014 University of Michigan Law School

Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon

University of Michigan Journal of Law Reform

As of 2005, about 80,000 prisoners were housed in solitary confinement in jails and in state and federal prisons in the United States. Prisoners in solitary confinement are generally housed in a cell for twenty-two to twenty-four hours a day with little human contact or interaction. The number of prisoners held in solitary confinement increased 40 percent between 1995 and 2000, in comparison to the growth in the total prison population of 28 percent. Concurrently, the duration of time that prisoners spend in solitary confinement also increased: nationally, most prisoners in solitary confinement spend more than five years there ...


An Inconsistent Invitation: Am I Invited To Be A Party? How Not Affording Party Status To Youth In Washington Dependency Hearings Can Be A Violation Of Due Process, Laura Baird 2013 Seattle University School of Law

An Inconsistent Invitation: Am I Invited To Be A Party? How Not Affording Party Status To Youth In Washington Dependency Hearings Can Be A Violation Of Due Process, Laura Baird

Seattle Journal for Social Justice

No abstract provided.


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