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Articles 121 - 134 of 134
Full-Text Articles in Law
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Touro Law Review
No abstract provided.
Organizational Standing In Environmental Litigation, Jeanne A. Compitello
Organizational Standing In Environmental Litigation, Jeanne A. Compitello
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.
The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts
The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts
St. Mary's Law Journal
Federal jurisdiction based on preemption removal should extend to federal laws which meet the requirements of Franchise Tax Board v. Construction Laborers Vacation Trust and Metropolitan Life Insurance Company v. Taylor. The well-pleaded complaint rule restricts federal removal jurisdiction. The well-pleaded complaint rule requires a federal question appear on the face of the plaintiff’s complaint for federal jurisdiction to attach. Therefore, the defendant’s right to a federal forum depends upon whether the plaintiff chooses to invoke a federal claim in its complaint. Courts routinely criticize the linking of removal jurisdiction to the well-pleaded complaint rule for giving plaintiffs incentive to …
Government Nonacquiescence Case In Point: Social Security Litigation
Government Nonacquiescence Case In Point: Social Security Litigation
Touro Law Review
No abstract provided.
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
St. Mary's Law Journal
Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …
Justice Murphy: The Freshman Years, Woodford Howard
Justice Murphy: The Freshman Years, Woodford Howard
Vanderbilt Law Review
Justice Murphy is commonly regarded as having been a libertarian activist. He was not highly regarded as a Justice during his lifetime and this opinion prevails today. Here Professor Howard sees Justice Murphy during his early years on the Supreme Court as a man of indecision rather than an uncompromising libertarian. Through an examination of first amendment cases between 1940-42, the author finds that Murphy displayed a common reaction to the responsibilities of a new Supreme Court Justice which differed from most only in intensity.
Chief Justice Taft At The Helm, Alpheus T. Mason
Chief Justice Taft At The Helm, Alpheus T. Mason
Vanderbilt Law Review
The office of Chief Justice carries scant inherent powers. The Chief Justice manages the docket, presents the cases in conference, and guides the discussion. When in the majority, he assigns the writing of opinions. Whatever influence he exerts in the exercise of these prerogatives rests less on formal authority than on elusive personal characteristics. Charles Evans Hughes, who had served as Associate Justice from 1910 to 1916 and later had been able to observe Taft's role in the Court over a period of seven years, considered the Chief Justice "the most important judicial officer in the world." His actual power, …
Holmes And Brandeis: Companions In Dissent, Samuel J. Konefsky
Holmes And Brandeis: Companions In Dissent, Samuel J. Konefsky
Vanderbilt Law Review
In the 1920's, the words "Justices Holmes and Brandeis dissented" had become a familiar refrain in discussions about the work of the Supreme Court. This affinity between two men so unlike each other in background and method naturally puzzled the observers, and the effort to explain their relationship has produced two mutually contradictory theories. One view holds that though the two jurists approached problems differently, they usually arrived at the same conclusion because they shared a common philosophy on all really basic issues. "Oliver Wendell Holmes and Louis Dembitz Brandeis," a contemporary press comment read, "have achieved a spiritual kinship …
Book Reviews, Carl B. Swisher (Reviewer), Elvin E. Overton (Reviewer), Jay Murphy (Reviewer), Charlotte Williams (Reviewer), Alexander Holtzoff (Reviewer)
Book Reviews, Carl B. Swisher (Reviewer), Elvin E. Overton (Reviewer), Jay Murphy (Reviewer), Charlotte Williams (Reviewer), Alexander Holtzoff (Reviewer)
Vanderbilt Law Review
Book Reviews
LIONS UNDER THE THRONE
By Charles P. Curtis, Jr.
Boston: Houghton Mifflin, 1947. Pp. xviii, 368. $3.50
MR. JUSTICE BLACK: THE MAN AND His OPINIONS
By John P. Frank (Introduction by Charles A. Beard)
New York: Knopf Company, 1949.Pp. xix, 357. $4.00
ON UNDERSTANDING THE SUPREME COURT
By Paul A. Freund
Boston: Little, Brown & Co., 1949. Pp. vi, 130. $3.00
MELVILLE VESTON FULLER: CHIEF JUSTICE OF THE UNITED STATES, 1888-1919
By Willard L. King
New York: Macmillan Company, 1950. Pp.394. $5.00
CHIEF JUSTICE STONE AND THE SUPREME COURT
By Samuel J. Konefsky (Prefatory Note by Charles A. …
Progress Of The Law In The U. S. Supreme Court, 1930-31, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis
Progress Of The Law In The U. S. Supreme Court, 1930-31, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis
Indiana Law Journal
No abstract provided.