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Full-Text Articles in Law

Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court's Superordination Of Whiteness, David Simson Jun 2022

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 Jul 2021

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 Jan 2020

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 Jan 2018

Obergefell Liberates Bathrooms, Ayana Osada

NYLS Law Review

No abstract provided.


The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe Jan 2018

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 Jan 2018

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2015

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 Jan 2015

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 Jul 2014

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 Jan 2014

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 Jan 2014

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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. Jan 2013

Two Great Leaders, L.A. Powe Jr.

NYLS Law Review

No abstract provided.


Beinor V. Industrial Claims Appeals Office, Emma S. Blumer Jan 2013

Beinor V. Industrial Claims Appeals Office, Emma S. Blumer

NYLS Law Review

No abstract provided.