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Articles 1 - 30 of 36
Full-Text Articles in Law
Kahler V. Kansas: How The Current Insanity Defense Regime Underserves Postpartum Psychosis Defendants, How The Supreme Court Failed To Act, And How Now Is The Perfect Time To Implement A Gender-Specific Postpartum Defense, Victoria Frazier
St. Mary's Law Journal
No abstract provided.
How Scotus's Recent Decision On The Cheerleader Case Impacts Public School Students' Due Process Rights For Their Off-Campus Conduct, Abby Efron
St. Mary's Law Journal
No abstract provided.
The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman
The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman
Washington Law Review
Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, resulting in similarly limited scholarship on the Clause’s original meaning and public understanding over time. The Clause directs states to make regulations for the time, place, and manner of congressional elections, and grants Congress superseding authority to make or alter those rules.
But the 2020 elections forced the Elections Clause into the spotlight, with Republican litigants relying on the Clause to ask the Supreme Court to limit which state actors can regulate federal elections. This new focus comes on the heels of the Clause serving …
Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim
Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim
Northwestern Journal of Law & Social Policy
Current asylum law requires that asylum seekers prove that they have a “well-founded fear of persecution.” However, a “well-founded fear”—the evidentiary standard in asylum cases—has remained ambiguous and difficult to apply in asylum cases. In Cardoza-Fonseca, the Supreme Court held that an asylum seeker can establish a well-founded fear with less than a 50% probability of future persecution. Although the Supreme Court sought to clarify the meaning of a well-founded fear, the decision has complicated the evidentiary standard by implying that it consists of two parts: the subjective component and objective component. The “subjective” component—the asylum seekers’ subjective fear …
Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia
Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia
Northwestern Journal of Law & Social Policy
Standing is a long held, judicially-created doctrine intended to establish the proper role of courts by identifying who may bring a case in federal court. While standing usually requires that a party asserts his or her own rights, the Supreme Court has created certain exceptions that allow litigants to bring suit on behalf of third parties when they suffer a concrete injury, they have a “close relation” to the third party, and there are obstacles to the third party's ability to protect his or her own interests. June Medical Services, heard by the Supreme Court on June 29, 2020, …
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
Dickinson Law Review (2017-Present)
This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.
This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …
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 Second Department
Due Process Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division
Due Process People V. Scott (Decided June 5, 1996)
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Double Jeopardy Supreme Court Appellate Division Second Department
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Marquette Law Review
None
Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett
Maine Law Review
In State v. Carter, the Minnesota Supreme Court considered whether a criminal defendant had “standing” to challenge an alleged search under the Fourth Amendment and Article 1, Section 10 of the Minnesota Constitution. The defendant moved to suppress evidence obtained by a police officer who had peered in the window of an apartment where the defendant was participating in a drug-packaging operation with the apartment's leaseholder. A divided court held that the defendant had a legitimate expectation of privacy in the apartment. Therefore, the defendant had standing to challenge the legality of the police officer's observations pursuant to the Fourth …
Where The Right Went Wrong In Southworth: Underestimating The Power Of The Marketplace, Clay Calvery
Where The Right Went Wrong In Southworth: Underestimating The Power Of The Marketplace, Clay Calvery
Maine Law Review
When the United States Supreme Court unanimously declared in March 2000 that mandatory student activity fees at public universities do not offend the First Amendment if distributed in viewpoint-neutral fashion, the decision dealt a severe blow to the conservative movement that had both supported the challenge to fee assessments and long railed against a perceived leftist/liberal bias in higher education. The New York Times, acknowledging the political implications of the case, hailed the Court's decision in Board of Regents v. Southworth as “a surprisingly broad and decisive victory for universities on an ideologically charged issue that has roiled higher education.” …
Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher
Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher
University of Arkansas at Little Rock Law Review
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Reproductive Selection Bias, Lauren R. Roth
Reproductive Selection Bias, Lauren R. Roth
Scholarly Works
Decades after the advent of assisted reproductive technology (ART) that allows prospective parents to deselect embryos with grave genetic illnesses – a procedure called preimplantation genetic diagnosis (PGD) – it remains a tool largely of upper class whites. In the wake of the Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt, I argue that the time has come to focus on access in this area of reproductive rights. The next logical step is to rebut the presumption that reproductive liberty is only a negative right that prevents government interference with decisions about whether and how to procreate or not …
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
Touro Law Review
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
A Supreme Court Homecoming, George S. Isaacson
A Supreme Court Homecoming, George S. Isaacson
The Journal of Appellate Practice and Process
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.
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
Disparaging The Supreme Court: Is Scotus In Serious Trouble?, Brian Christopher Jones
Disparaging The Supreme Court: Is Scotus In Serious Trouble?, Brian Christopher Jones
Brian Christopher Jones
The piece argues that the Court is now subject to the widest and most sophisticated disparagement it has ever experienced, and that the tumultuous terms over the past two years have especially shown its vulnerability. Journalists and the general public are now thinking and speaking about the institution in a much different light than previously, and a deeper conversation about the proper role of the Court, especially in regard to constitutional review, has only just begun. Also, the piece argues that the justices’ disparagement of each other has contributed to this wider criticism, and that the recent health care and …
Revisiting The Influence Of Law Clerks On The U.S. Supreme Court's Agenda-Setting Process, Ryan C. Black, Christina L. Boyd, Amanda C. Bryan
Revisiting The Influence Of Law Clerks On The U.S. Supreme Court's Agenda-Setting Process, Ryan C. Black, Christina L. Boyd, Amanda C. Bryan
Marquette Law Review
Do law clerks influence U.S. Supreme Court Justices’ decisions in the Court’s agenda-setting stage? For those Justices responding to their own law clerks’ cert recommendations, we expect a high degree of agreement between Justice and clerk. For non-employing Justices, however, we anticipate that the likelihood of agreement between clerk and Justice will vary greatly based on the interplay among the ideological compatibility between a Justice and the clerk, the underlying certworthiness of the petition for review, and the clerk’s final recommendation. Relying on a newly collected dataset of petitions making the Court’s discuss list over the 1986 through 1993 Terms, …
Law Clerks As Advisors: A Look At The Blackmun Papers, Zachary Wallander, Sara C. Benesh
Law Clerks As Advisors: A Look At The Blackmun Papers, Zachary Wallander, Sara C. Benesh
Marquette Law Review
The Justices of the United States Supreme Court seek advice, by way of cert pool memos, when making their consequential agenda-setting decisions. There is some debate over the extent to which these law clerks actually influence the Justices. Focusing on the certiorari stage and on the information and advice provided to the Court via the cert pool memos, we ascertain the extent to which the contents of the memos drive the decision making of the Court. We find that information about conflict, amici, and the position of the United States does indeed influence the Court’s votes, but also that the …
Keep Your Eyes On Eyes In The Sky, Hillary B. Farber
Keep Your Eyes On Eyes In The Sky, Hillary B. Farber
Faculty Publications
To date, eight states have passed bills regulating domestic drone use by government and private individuals. This leaves us with a question: If a city of more than 60,000 residents and a global company with a customer base in the hundreds of millions are racing to the sky, how are we as a commonwealth of 6.6 million to truly launch ourselves into the debate and protect what little privacy we have left?