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1998

Supreme Court

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Articles 1 - 30 of 60

Full-Text Articles in Law

Overcoming Overbreadth: Facial Challenges And The Valid Rule Requirement , Marc E. Isserles Dec 1998

Overcoming Overbreadth: Facial Challenges And The Valid Rule Requirement , Marc E. Isserles

American University Law Review

No abstract provided.


The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke Oct 1998

The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke

Dalhousie Law Journal

This article examines a series of cases launched in the Nova Scotia courts following the Cumberland Rebellion of 1776. In these cases loyalists sued former rebels, including those granted amnesty by the authorities, for losses sustained during the rebellion. The article traces the history of the cases and places them in the context of post-rebellion government policy. It argues that such proceedings were without precedent and effectively took the place of official schemes of expropriation of rebel land and compensation to loyalists. It also suggests that the use of civil courts in this way prolonged and exacerbated the social and …


Choosing Perspectives In Criminal Procedure, Ronald J. Bacigal Jul 1998

Choosing Perspectives In Criminal Procedure, Ronald J. Bacigal

Law Faculty Publications

In this Article, Professor Bacigal examines the Supreme Court's use of various perspectives in examining the reasonableness of searches and seizures. Although the Supreme Court purports to rely on a consistent method of constitutional analysis when rendering decisions on Fourth Amendment issues, the case law in this area indicates that the Court is influenced sometimes by the citizen's perspective, sometimes by the police officers' perspective, and sometimes by the perspective of the hypothesized reasonable person. After identifying the role of perspectives in a number of seminal Court decisions, Professor Bacigal discusses the benefits and limitations of the Court's reliance on …


Constitutional Law: A Ruse For Government By An Intellectual Elite, Lino A. Graglia Jul 1998

Constitutional Law: A Ruse For Government By An Intellectual Elite, Lino A. Graglia

Georgia State University Law Review

No abstract provided.


Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams May 1998

Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams

Northern Illinois University Law Review

This article attempts to evaluate the recent criticisms of the political structure of the Illinois Supreme Court. The author examines the electoral and legal systems that usually come into potential conflicts. The goal of the article is to illustrate some important issues in the environment free from the sensationalism of press accounts and the emotionalism of political attacks, and provoke a sensible debate among the State's bar, legislators, and public about how the perception of a "political" court impacts on Illinois' legal system.


Maintaining An Accusatorial System Of Justice: The States' Refusal To Follow The Supreme Court's Sanctioning Of Official Police Deception In Moran V. Burbine, John F. Terzano Mar 1998

Maintaining An Accusatorial System Of Justice: The States' Refusal To Follow The Supreme Court's Sanctioning Of Official Police Deception In Moran V. Burbine, John F. Terzano

University of the District of Columbia Law Review

Ours is the accusatorial as opposed to the inquisitorial system. Such has been the characteristic of Anglo-American criminal justice since it freed itself from practices borrowed by the Star Chamber from the Continent whereby an accused was interrogated in secret for hours on end. Under our system society carries the burden of proving its charge against the accused not out of his own mouth. It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through skillful investigation.... Protracted, systematic and uncontrolled subjection of an accused to interrogation by the police …


Passage Of Religious Freedom Act Necessary To Fulfill Maryland's National Leadership Role, Kenneth Lasson Mar 1998

Passage Of Religious Freedom Act Necessary To Fulfill Maryland's National Leadership Role, Kenneth Lasson

All Faculty Scholarship

Three hundred sixty-four years ago this month, two tiny sailing ships arrived near what is now St. Mary's City with the first settlers in Maryland. The Ark and the Dove were sent to the New World by Cecil Calvert. Lord Baltimore had founded his small colony as a haven for those persecuted in England because of their religious beliefs.

On numerous occasions since then - from passage of the Act of Toleration in 1649 to the achievement of full civil liberties for Jews in 1825 to landmark Supreme Court decisions involving the state in the 1960s - Maryland has been …


The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román Jan 1998

The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román

Faculty Publications

This Article examines the United States' 100-year-old failed promise. In addition to detailing the unequal citizenship status of the people of Puerto Rico, this Article examines the role that racial and ethnic-based prejudice has played in this issue. 34 Essentially, this Article seeks to compare the traditional legal and political rhetoric of American inclusiveness and the virtues of U.S. citizenship to the reality of colonialism and the impact white supremacy has had on U.S. colonial history. By addressing the subordinated status of "aliencitizens," this Article illustrates the incompatibility of equality under colonialism. As Congress addresses the question of Puerto Rico's …


Federalist Or Friends Of Adams: The Marshall Court And Party Politics, Mark A. Graber Jan 1998

Federalist Or Friends Of Adams: The Marshall Court And Party Politics, Mark A. Graber

Faculty Scholarship

No abstract provided.


Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H. Jan 1998

Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H.

Touro Law Review

No abstract provided.


Full Faith And Credit And The Equity Conflict, Polly J. Price Jan 1998

Full Faith And Credit And The Equity Conflict, Polly J. Price

Faculty Articles

As this Article relates, the current problem with interstate en­forcement of injunctions and other equitable decrees is illustrated by the Court's confusion in Baker. The Court reached the correct result in the case before it, but the basic problems of "equity con­flict" remain unresolved. Both the Court's opinion and the two con­currences were unsatisfactory because the Court failed to address the key underlying issue of whether or to what extent courts may rely on state law to enjoin extraterritorial conduct. Had the Court focused on this issue, I argue, it could have based its decision upon a more appealing rationale. …


Section 1983 Litigation, Martin A. Schwartz, George C. Pratt Jan 1998

Section 1983 Litigation, Martin A. Schwartz, George C. Pratt

Scholarly Works

No abstract provided.


Commerce Clause, First Department: R.J. Reynolds Tobacco Company V. City Of New York Department Of Finance Jan 1998

Commerce Clause, First Department: R.J. Reynolds Tobacco Company V. City Of New York Department Of Finance

Touro Law Review

No abstract provided.


Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia Jan 1998

Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia

Touro Law Review

No abstract provided.


Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell Jan 1998

Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie Jan 1998

Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel Jan 1998

Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel

Touro Law Review

No abstract provided.


Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court Jan 1998

Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Bronx County: People V. Johnson Jan 1998

Search And Seizure, Supreme Court, Bronx County: People V. Johnson

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, New York County: People V. Rodgers Jan 1998

Search And Seizure, Supreme Court, New York County: People V. Rodgers

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Appellate Division, First Department: Prudential Securities Incorporated V. Brigianos Jan 1998

Self-Incrimination, Supreme Court, Appellate Division, First Department: Prudential Securities Incorporated V. Brigianos

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Bronx County: Seabrook V. Johnson Jan 1998

Self-Incrimination, Supreme Court, Bronx County: Seabrook V. Johnson

Touro Law Review

No abstract provided.


The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer Jan 1998

The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer

Faculty Scholarship

In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …


Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr. Jan 1998

Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

The decision of the Court of Appeals for the Fifth Circuit in Hopwood v. Texas sent shock waves through the academic community with its holding that the Equal Protection Clause of the Fourteenth Amendment prohibited the University of Texas Law School from taking account of race as a factor in its admissions process. In the course of invalidating certain procedures employed by the law school, the Fifth Circuit concluded that Justice Powell's influential opinion in Regents of the University of California v. Bakke, which recognized the pursuit of diversity in higher education as a compelling state interest, had never constituted …


Translating Federalism: A Textualist Reaction, Gregory E. Maggs Jan 1998

Translating Federalism: A Textualist Reaction, Gregory E. Maggs

GW Law Faculty Publications & Other Works

In his rich and important article, Translating Federalism: United States v Lopez, Professor Lawrence Lessig advances two ambitious and provocative claims. Lessig first asserts that the Supreme Court has sought to control the expansion of federal power by "translating" the Commerce Clause instead of following the Clause's textual meaning. Second, Lessig proclaims that, as a normative matter, the Supreme Court should engage actively in this type of translation. In his view, the Court shows greater fidelity to the Constitution by reading it in ways that preserve the document's original function than the Court exhibits by strictly following the document's text. …


The Breard Case And The Virtues Of Forbearance, John G. Douglass Jan 1998

The Breard Case And The Virtues Of Forbearance, John G. Douglass

Law Faculty Publications

At a time when the scheduled execution of Angel Francisco Breard made Virginia the focus of a groundbreaking controversy over the reach of internationallaw into the domestic criminal process of the United States, law students and faculty at the University of Richmond had the unique opportunity to consider the case along with Philippe Sands, then a Visiting Allen Chair Professor at the University.


Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith Jan 1998

Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith

Touro Law Review

No abstract provided.


The Admissibility Of Medical Testimony In Ohio: Daubert, Joiner And Ohio's Relevance-Reliability Standard, Gerald J. Todaro Jan 1998

The Admissibility Of Medical Testimony In Ohio: Daubert, Joiner And Ohio's Relevance-Reliability Standard, Gerald J. Todaro

Cleveland State Law Review

This article specifically examines the reliability standard imposed under Rule 702 of the Ohio Rules of Evidence and its application to medical expert testimony in Ohio. Section II reviews Daubert, its progeny, and Ohio law. This analysis reveals tension between Ohio's flexible relevance/reliability standard and the more exacting demands of Daubert. Section III examines the scientific basis of clinical diagnosis and treatment of illness and disease. This section argues that judges should take judicial notice of the conventional methodology underlying the clinical practice of medicine, and thus the preliminary question of reliability of medical expert testimony should rarely require a …


Affirmative Action Awash In Confusion: Backward-Looking-Future-Oriented Justifications For Race-Conscious Measures, Ann C. Mcginley Jan 1998

Affirmative Action Awash In Confusion: Backward-Looking-Future-Oriented Justifications For Race-Conscious Measures, Ann C. Mcginley

Scholarly Works

The Third Circuit Court of Appeals, sitting en banc, decided Taxman v. Board of Education of the Township of Piscataway, in August 1996. Eight judges agreed that he Board of Education of Piscataway Township, New Jersey violated Title VII of the Civil Rights Act by using race, in accordance with its affirmative action policy, to break a tie between two teachers in the Business Department at Piscataway High School when determining which teacher to lay off. A strong dissent by Chief Judge Sloviter was joined by two other Court of Appeals judges. The majority decision is remarkable in its breadth, …


Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein Jan 1998

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

No abstract provided.