Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Due process (10)
- Supreme Court (10)
- New York (9)
- Constitutional law (8)
- Human rights (8)
-
- Right to counsel (8)
- Supreme court (8)
- 6th amendment (7)
- Discrimination (7)
- Gideon (7)
- Civil Gideon (6)
- Civil right to counsel (6)
- Court (6)
- Low income (6)
- Low-income (6)
- Military (6)
- Sixth amendment (6)
- ABA (5)
- American Bar Association (5)
- Civil cases (5)
- Constitution (5)
- Criminal law (5)
- Criminal procedure (5)
- France (5)
- Justice (5)
- New York State (5)
- New york (5)
- Poor (5)
- Tribunal (5)
- United States (5)
Articles 1 - 30 of 45
Full-Text Articles in Law
Pandemics Of Limitation Of Rights, Rinat Kitai-Sangero
Pandemics Of Limitation Of Rights, Rinat Kitai-Sangero
Touro Law Review
This Article discusses the limitation of rights due to pandemics. It analyzes from a constitutional standpoint the holding of the German Federal Constitutional Court (Das BUNDESVERFASSUNGSGERICHT) from April 2022 as a symptom of moral panic disguised through an analytical process. Though it focuses on this case, it sheds light on the moral panic that characterized many countries’ approaches during the COVID-19 pandemic. On April 27, 2022, the German Federal Constitutional Court held that a provision to provide proof of vaccination against COVID-19, recovery from COVID-19, or a medical exemption to COVID-19 vaccination as a condition of employment in the health …
Modification Requests In Community Associations: Do We Know What’S Reasonable?, Beth M. Gazes
Modification Requests In Community Associations: Do We Know What’S Reasonable?, Beth M. Gazes
Touro Law Review
The Fair Housing Act (“FHA”) as well as the New York State Human Rights Law (“HRL”) provide, inter alia, that qualifying individuals shall be granted reasonable modifications or accommodations to afford such individuals either full enjoyment of the premises or an equal opportunity to enjoy their dwelling, respectively. Both laws likely extend to common areas of the development but arrive at this protection in different ways. Namely, through the FHA’s implementing rules (“Rules”) and with guidance from the Department of Housing and Urban Development (“HUD”), courts have easily interpreted the FHA to extend to common areas but stop short …
Is Extraterritoriality The Golden Ticket Out Of Corporate Liability? How The Modern-Day Willy Wonka’S Chocolate Factory Evaded Liability Under The Alien Tort Statute In Nestlé V. Doe, Alyaa Chace
Touro Law Review
The Alien Tort Statute (“ATS”) was drafted as part of the Judiciary Act of 1789. It was intended to provide federal courts with the jurisdiction to hear civil actions brought by foreign plaintiffs for torts committed in violation of the law of nations or other United States treaty. After a two-hundred-year dormancy period, the Statute has since been revived and become a vehicle by which foreign plaintiffs seek redress for environmental and human rights offenses carried out on foreign soil, often at the hands of United States corporations. However, the Supreme Court continues to limit the reach of the Statute, …
Denial Of Housing To African Americans: Post-Slavery Reflections From A Civil Rights Advocate, Elaine Gross
Denial Of Housing To African Americans: Post-Slavery Reflections From A Civil Rights Advocate, Elaine Gross
Touro Law Review
In this article, I draw on two decades of experience as a civil rights advocate to reflect on the denial of housing to African Americans in post-slavery America. I do so as Founder and President of the civil rights organization, ERASE Racism. I undertake historical research and share insights from my own experience to create and reflect upon six lessons related to understanding the systematic discrimination and segregation of African Americans. The lessons encompass: (1) the role of the federal government, (2) the role of municipal governments, (3) White supremacy ideation and actions, (4) legislative advocacy and legal actions, (5) …
Revisiting A Jurisprudence Of Obligation, Ariel Evan Mayse, Kenneth A. Bamberger
Revisiting A Jurisprudence Of Obligation, Ariel Evan Mayse, Kenneth A. Bamberger
Touro Law Review
Through his landmark exploration of obligation as the conceptual touchstone of what he describes as the “Jewish jurisprudence of the social order,” Robert Cover offered an alternate language for legal regimes grounded in a rhetoric of individual rights. The present essay revisits Cover’s account of the socially embedded nature of law and juridical process, taking seriously both its claims, as well as the cautions of its critics. The essay thus neither abandons the concept of rights as key to jurisprudence nor seeks to present a naïve or romantic characterization of Jewish legal thought, and proceeds wary of the pitfalls inherent …
Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger
Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger
Touro Law Review
Robert Cover’s Nomos and Narrative is an instructive tale for the constitutional battle over whether religious wedding vendors must be required to serve same-sex couples. He helps us see how contending communities’ deep narratives of martyrdom and obedience to the values of their paideic communities can be silenced by the imperial community’s insistence on choosing one community’s story over another community’s in adjudication. The wedding vendor cases call for an alternative to jurispathic violence, for a constitutionally redemptive response that prizes a nomos of inclusion and respect for difference.
Establishment Of Religion Supreme Court Appellate Division Third Department
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Rockland County
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Second Department
Due Process Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
Touro Law Review
No abstract provided.
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
Touro Law Review
No abstract provided.
Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter
Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
How To Screen For Success In Employment Law Cases, Robert M. Rosen
How To Screen For Success In Employment Law Cases, Robert M. Rosen
Touro Law Review
No abstract provided.
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff
Touro Law Review
No abstract provided.
Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer
Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer
Touro Law Review
No abstract provided.
A Balanced Diet Of First Amendment Cases, Joel Gora
A Balanced Diet Of First Amendment Cases, Joel Gora
Touro Law Review
No abstract provided.
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Touro Law Review
No abstract provided.
Abortion Rights, Michael C. Dorf
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
The Behavior Of The French Army During The Dreyfus Affair, General André Bach
The Behavior Of The French Army During The Dreyfus Affair, General André Bach
Touro Law Review
Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.
The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran
The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran
Touro Law Review
Discusses the Dreyfus affair and how the outside world viewed France's conduct. This article provides insight into how the trial was conducted and the evidence that was offered.