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1371 full-text articles. Page 1 of 33.

Reason And Reasonableness: The Necessary Diversity Of The Common Law, Frederic G. Sourgens 2017 University of Maine School of Law

Reason And Reasonableness: The Necessary Diversity Of The Common Law, Frederic G. Sourgens

Maine Law Review

This Article addresses the central concept of “reasonableness” in the common law and constitutional jurisprudence. On the basis of three examples, the common law of torts, the common law of contracts, and Fourth Amendment jurisprudence, the Article notes that different areas of the law follow fundamentally inconsistent utilitarian, pragmatic, and formalist reasonableness paradigms. The significance of this diversity of reasonableness paradigms remains largely under-theorized. This Article submits that the diversity of reasonableness paradigms is a necessary feature of the common law. It theorizes that the utilitarian, pragmatic and formalistic paradigms are structural elements driving the common law norm-generation process. This ...


Obscenity Law: Après Stanley, Le Deluge?, Michael J. Gaynor 2017 St. John's University School of Law

Obscenity Law: Après Stanley, Le Deluge?, Michael J. Gaynor

The Catholic Lawyer

No abstract provided.


Recent Abortion Litigation, Martin F. McKernan, Jr. 2017 St. John's University School of Law

Recent Abortion Litigation, Martin F. Mckernan, Jr.

The Catholic Lawyer

No abstract provided.


Discrimination In Employment, Housing, And Education: Constitutional Concepts And Social Theories, Frederick D. Braid 2017 St. John's University School of Law

Discrimination In Employment, Housing, And Education: Constitutional Concepts And Social Theories, Frederick D. Braid

The Catholic Lawyer

No abstract provided.


Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett 2017 Boston College Law School

Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett

Boston College Law Review

The juvenile justice system is predicated on a theory of rehabilitation with concern for protecting juveniles and society. For lesbian, gay, bisexual, and transgender (“LGBT”) youth, however, the system has developed into a punitive arrangement. LGBT youth face higher rates of criminalization and incarceration for non-violent crimes than any other group of youth. They also face unique threats, including sexual, physical, and emotional harassment; isolation; and a lack of medical care. Transgender youth are especially impacted. In response, victims have increasingly brought constitutional claims against federal prison officials for unconstitutional conditions of confinement. The courts are inconsistent on whether the ...


The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler 2017 University of Baltimore School of Law

The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler

Washington and Lee Law Review Online

No abstract provided.


Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann 2016 Indiana Tech Law School

Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco 2016 Texas A&M University School of Law

The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco

Tennessee Journal of Race, Gender, & Social Justice

Our country has gone through multiple social changes over the years, and now we find ourselves in the middle of another change—one involving the transgender community. This community is and has been continuously fighting for equal rights and treatment. It is 2016 and the fight for equal rights in our country is at a tipping point. A tip in one direction would constitute a huge step in the fight for equal rights, but a tip in the other direction could result in unprecedented effects on transgender individuals and the rest of the LGBTQ community. The LGBTQ community just wants ...


Thompson V. Shapiro: Residence Requirements And The Right To Life, 2016 St. John's University School of Law

Thompson V. Shapiro: Residence Requirements And The Right To Life

The Catholic Lawyer

No abstract provided.


Statute Requiring Period Of Residency For Receipt Of Welfare Benefits Held Violative Of The Equal Protection Clause, 2016 St. John's University School of Law

Statute Requiring Period Of Residency For Receipt Of Welfare Benefits Held Violative Of The Equal Protection Clause

The Catholic Lawyer

No abstract provided.


Sit-In Conduct Held Constitutionally Protected, 2016 St. John's University School of Law

Sit-In Conduct Held Constitutionally Protected

The Catholic Lawyer

No abstract provided.


Payment Of A Fee As An "Electoral Standard" Held Violative Of Fourteenth Amendment, 2016 St. John's University School of Law

Payment Of A Fee As An "Electoral Standard" Held Violative Of Fourteenth Amendment

The Catholic Lawyer

No abstract provided.


The Constitutionality Of Prison Privatization: An Analysis Of Prison Privatization In The United States And Israel, Stacey Jacovetti 2016 Cleveland-Marshall College of Law

The Constitutionality Of Prison Privatization: An Analysis Of Prison Privatization In The United States And Israel, Stacey Jacovetti

The Global Business Law Review

This note analyzes the constitutionality of the current state of prison privatization in the United States under the non-delegation doctrine and the due process clause. Furthermore, this note analyzes the Israeli Supreme Court's ruling holding prison privatization as unconstitutional under the Basic Law of the Right to Human Dignity and Liberty. Subsequently, an argument is made that the current authority for the utilization of private prisons in the United States is insufficient to establish the use of private prisons as constitutional. As such, this note argues that the overall scheme of privatization should provide for more detailed contracts--similar to ...


Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier 2016 University of Massachusetts School of Law

Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier

University of Massachusetts Law Review

This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to ...


State Not Required To Provide Counsel On Appeal To Supreme Court, 2016 St. John's University School of Law

State Not Required To Provide Counsel On Appeal To Supreme Court

The Catholic Lawyer

No abstract provided.


Beware The Friends You Keep And The Places You Sleep: The Fourth Amendments Limited Protection Over Visitors And Their Belongings, Alysha C. Preston 2016 St. John's University School of Law

Beware The Friends You Keep And The Places You Sleep: The Fourth Amendments Limited Protection Over Visitors And Their Belongings, Alysha C. Preston

St. John's Law Review

No abstract provided.


De Jure Integration In Education, Bernard E. Gegan 2016 St. John's University School of Law

De Jure Integration In Education, Bernard E. Gegan

The Catholic Lawyer

No abstract provided.


The Proposed Prayer And Bible-Reading Amendments: Contrasting Views, William J. Kenealy, S.J., William B. Ball 2016 St. John's University School of Law

The Proposed Prayer And Bible-Reading Amendments: Contrasting Views, William J. Kenealy, S.J., William B. Ball

The Catholic Lawyer

No abstract provided.


Attempted Elimination Of School Segregation Through Zoning Held Invalid, 2016 St. John's University School of Law

Attempted Elimination Of School Segregation Through Zoning Held Invalid

The Catholic Lawyer

No abstract provided.


Recent Decision: Mandatory Identification Statute Held Unconstitutional, 2016 St. John's University School of Law

Recent Decision: Mandatory Identification Statute Held Unconstitutional

The Catholic Lawyer

No abstract provided.


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