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Full-Text Articles in Law
Tinkering With Tinker: Why The Supreme Court Must Protect Student Speech Through Social Media, Alexis Roach
Tinkering With Tinker: Why The Supreme Court Must Protect Student Speech Through Social Media, Alexis Roach
Honors Theses and Capstones
The goal of this paper is to address the failing of the Supreme Court in their decision of the case Mahanoy Area School District v. B.L.[1]. While the Court defended students’ rights to free speech under the First Amendment in Tinker v. Des Moines (1969)[2], they have since restricted that right through a number of cases. While the Court’s decision in Mahanoy Area School District v. B.L. protected student speech, the Court failed to provide a standard for application in cases regarding social media in schools. This paper argues that while the Court was correct in …
The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson
The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson
The University of New Hampshire Law Review
[Excerpt] “The following article documents the judicial career of Justice David Souter from his time served as an attorney general and state judge in New Hampshire until his recent tenure on the U.S. Supreme Court. Based upon his written opinions and individual votes, Justice Souter clearly has evolved into a more liberal jurist than ideological conservatives would have preferred in the area of criminal justice. Over the course of his judicial career, Justice Souter has gained respect as an intellectual scholar by attempting to completely understand both sides of a dispute and applying precedent and legal rules in a flexible—albeit …
Will The United States Follow England (And The Rest Of The World) In Abandoning Capital Punishment?, Frederick C. Millett
Will The United States Follow England (And The Rest Of The World) In Abandoning Capital Punishment?, Frederick C. Millett
The University of New Hampshire Law Review
[Excerpt] “Walking down Nanjing Road in Shanghai, you will not only pass by the foreign clothing stores that seem to be taking over the area, but also Pepsi signs every fifty feet, a McDonald’s, and a KFC—all with the backdrop of Chinese characters and the Oriental Pearl TV Tower. Along your way, you can stop in The Chopstick Shop to find the perfect set of chopsticks, buy a smoothie from a vendor, or just sit on a bench and watch the thousands of Chinese people walk by wearing Nike hats and Levi’s jeans. Just across the river is the Pudong …
The Rehnquist Revolution, Erwin Chemerinsky
The Rehnquist Revolution, Erwin Chemerinsky
The University of New Hampshire Law Review
[Excerpt] "When historians look back at the Rehnquist Court, without a doubt they will say that its greatest changes in constitutional law were in the area of federalism. Over the past decade, and particularly over the last five years, the Supreme Court has dramatically limited the scope of Congress’ powers and has greatly expanded the protection of state Sovereign Immunity. Virtually every area of law, criminal and civil, is touched by these changes. Since I began teaching constitutional law in 1980, the most significant differences in constitutional law are a result of the Supreme Court’s revival of federalism as a …
Coping With Phantom Risks In The Courts, Peter W. Huber
Coping With Phantom Risks In The Courts, Peter W. Huber
RISK: Health, Safety & Environment (1990-2002)
Dr. Huber describes "phantom" risks as those tending to hover indefinitely, never to crystallize. He argues that legal procedures should optimally lead' to closure and eliminate unwarranted fears.