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Articles 1 - 30 of 102
Full-Text Articles in Law
Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court's Superordination Of Whiteness, David Simson
Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court's Superordination Of Whiteness, David Simson
Articles & Chapters
This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court’s constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the “racial superordination” of whiteness—the reinforcing of the superior status of whites in American society by, among other things, prioritizing their interests in structuring constitutional doctrine. This analysis shows that the Court is increasingly widening the gap between conceptions of, and levels of protection provided for, equality in the contexts of race and religion in ways that prioritize …
Scotus Denies Review To Florist Who Refused To Serve Same-Sex Couple, Arthur S. Leonard
Scotus Denies Review To Florist Who Refused To Serve Same-Sex Couple, Arthur S. Leonard
Other Publications
No abstract provided.
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
NYLS Law Review
No abstract provided.
Obergefell Liberates Bathrooms, Ayana Osada
The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe
The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe
Other Publications
No abstract provided.
Forum: What’S The Matter With The Supreme Court?, Michael Klarman, Nadine Strossen, Eli Noam, Sanford Levinson, Mark Tushnet
Forum: What’S The Matter With The Supreme Court?, Michael Klarman, Nadine Strossen, Eli Noam, Sanford Levinson, Mark Tushnet
Other Publications
No abstract provided.
Scotus Denies Review In Gay Rights Case, Arthur S. Leonard
Scotus Denies Review In Gay Rights Case, Arthur S. Leonard
Other Publications
No abstract provided.
Congress To Judges: We’Re The Boss Of You Now, Joanne Doroshow
Congress To Judges: We’Re The Boss Of You Now, Joanne Doroshow
Other Publications
No abstract provided.
Promoting Dignity And Preventing Shame And Humiliation By Improving The Quality And Education Of Attorneys In Sexually Violent Predator (Svp) Civil Commitment Cases, Heather Ellis Cucolo, Michael L. Perlin
Promoting Dignity And Preventing Shame And Humiliation By Improving The Quality And Education Of Attorneys In Sexually Violent Predator (Svp) Civil Commitment Cases, Heather Ellis Cucolo, Michael L. Perlin
Articles & Chapters
In Strickland vs. Washington, the Supreme Court acknowledged that the role of counsel is critical to the ability of the adversarial system to best insure that just results are produced. Yet, the Court did not elaborately define the Sixth Amendment constitutional right to counsel and lower courts, have set the bar shockingly low.
In this article we examine the quality of attorneys who litigate Sexually Violent Predator Act (SVPA) cases, and conclude that a failure to apply a higher standard of adequate counsel – beyond what was set out in Strickland – results in humiliation, shame and lack of dignity …
Scotus Won’T Step Into Houston Benefits Case, For Now, Arthur S. Leonard
Scotus Won’T Step Into Houston Benefits Case, For Now, Arthur S. Leonard
Other Publications
No abstract provided.
Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen
Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen
Articles & Chapters
No abstract provided.
The High Power Of The Lower Courts, Doni Gewirtzman
The High Power Of The Lower Courts, Doni Gewirtzman
Other Publications
No abstract provided.
The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow
The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow
Articles & Chapters
Over the past two decades, patent law in the life sciences has been buffeted by numerous controversies. With courts, legislatures and patent offices all responding, one could be forgiven for believing that the main constant has been change. In the following article, we look back at some of the major events in life science intellectual property (IP) law and business practice over the past 20 years and then suggest where IP practice in the life sciences may be heading in the coming years.
Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen
Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen
Articles & Chapters
No abstract provided.
5th Circuit Likely To Strike Down Gay Marriage Bans: An Analysis Of The Hearing, Ari Ezra Waldman
5th Circuit Likely To Strike Down Gay Marriage Bans: An Analysis Of The Hearing, Ari Ezra Waldman
Other Publications
No abstract provided.
Beyond The Fourth Amendment: Additional Constitutional Guarantees That Mass Surveillance Violates, Nadine Strossen
Beyond The Fourth Amendment: Additional Constitutional Guarantees That Mass Surveillance Violates, Nadine Strossen
Articles & Chapters
The ongoing dragnet communications surveillance programs raise multiple statutory and constitutional problems. Each problem alone, and even more so the whole combination, provides a serious ground at least for vastly curbing such programs, if not ending them. This Article reviews constitutional challenges to these programs to evaluate the likely success of current and future litigants.
Myriad Stands Alone, Jacob S. Sherkow, Christopher T. Scott
Myriad Stands Alone, Jacob S. Sherkow, Christopher T. Scott
Articles & Chapters
Myriad took no prisoners on its way to the top of the molecular diagnostics field. That strategy is unlikely to endure.
Myriad Genetics began in 1991 as a small University of Utah startup interested in the then-novel arena of diagnostic genetic testing. After winning a highly publicized race to sequence the BRCA1 and BRCA2 breast cancer genes, the company obtained patents on the gene sequences and methods of using them to determine cancer risk. The patents were broad and interlocking, covering BRCA genomic DNA, cDNA, methods of diagnosis and systems detecting mutations. Myriad also filed for diagnostic 'toolbox' patents, including …
The Freedom To Marry: Politics And Law In 2014 And Beyond, Ari Ezra Waldman
The Freedom To Marry: Politics And Law In 2014 And Beyond, Ari Ezra Waldman
Other Publications
No abstract provided.
With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard
With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard
Other Publications
No abstract provided.
Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon
Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon
Articles & Chapters
No abstract provided.
The First Amendment And The Second Commandment, Amy Adler
The First Amendment And The Second Commandment, Amy Adler
NYLS Law Review
No abstract provided.
Introduction: Trial By Jury Or Trial By Motion? Summary Judgment, Iqbal, And Employment Discrimination, Arthur S. Leonard
Introduction: Trial By Jury Or Trial By Motion? Summary Judgment, Iqbal, And Employment Discrimination, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Supreme Court Strikes Down Doma’S Key Provision, Ducks On Prop 8, Arthur S. Leonard
Supreme Court Strikes Down Doma’S Key Provision, Ducks On Prop 8, Arthur S. Leonard
Other Publications
No abstract provided.
Will Supreme Court Rule On Doma?, Arthur S. Leonard
Will Supreme Court Rule On Doma?, Arthur S. Leonard
Other Publications
No abstract provided.
President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein
President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein
NYLS Law Review
No abstract provided.
Ensuring Miranda’S Right To Counsel Abroad, David Henek '12
Ensuring Miranda’S Right To Counsel Abroad, David Henek '12
NYLS Law Review
No abstract provided.
Using The Papers Of U.S. Supreme Court Justices: A Reflection, Stephen Wermiel
Using The Papers Of U.S. Supreme Court Justices: A Reflection, Stephen Wermiel
NYLS Law Review
No abstract provided.
Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar
Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar
NYLS Law Review
No abstract provided.
Two Great Leaders, L.A. Powe Jr.
Beinor V. Industrial Claims Appeals Office, Emma S. Blumer
Beinor V. Industrial Claims Appeals Office, Emma S. Blumer
NYLS Law Review
No abstract provided.