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Articles 1 - 12 of 12
Full-Text Articles in Law
Supermax’S Kryptonite? Wilkinson V. Austin: The Due Process Challenge To Ohio’S Super-Maximum Security Prison, Adam Miller
Supermax’S Kryptonite? Wilkinson V. Austin: The Due Process Challenge To Ohio’S Super-Maximum Security Prison, Adam Miller
University of Massachusetts Law Review
This note discusses the Supreme Court’s holding in Wilkinson that OSP’s system for inmate placement in its Supermax facility does not violate the Equal Protection Clause. Part II will summarize OSP’s purpose and condition, and will focus on Ohio’s New Policy regarding inmate placement. Part III will examine Supreme Court precedent and the Court’s conclusions of law in determining whether inmates have a protected liberty interest in avoiding assignment to OSP and the due process implications of the inmate selection process to OSP. Part IV will question the Supreme Court’s disregard of the adverse mental effects in inmates subjected to …
2007 National Lawyer’S Convention The Federalist Society And Its Federalism And Separation Of Powers Practice Groups Present A Panel Debate On Federalism: Religion, Early America And The Fourteenth Amendment, John Eastman, Marci Hamilton, William H. Pryor Jr.
2007 National Lawyer’S Convention The Federalist Society And Its Federalism And Separation Of Powers Practice Groups Present A Panel Debate On Federalism: Religion, Early America And The Fourteenth Amendment, John Eastman, Marci Hamilton, William H. Pryor Jr.
University of Massachusetts Law Review
Transcript of the Federalist Society and its Federalism and Separation of Powers Practice Groups panel debate at the 2007 National Lawyers Convention including panelists Dean John Eastman of Chapman University School of Law, Professor Marci Hamilton of the Benjamin N. Cardozo School of Law, and moderated by Hon. William H. Pryor Jr. of the U.S. Court of Appeals, Eleventh Circuit.
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Disparity In Police Procedures For Non-English Speaking Dwi Suspects: Constitutional Protections For Non-English Speaking Criminal Defendants Falling Second To Governmental Interests, Daniela Giordano
Touro Law Review
No abstract provided.
Supreme Court Of New York, Bronx County, People V. Womack, Barry M. Frankenstein
Supreme Court Of New York, Bronx County, People V. Womack, Barry M. Frankenstein
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Moore, Gennaro Savastano
Court Of Appeals Of New York, People V. Moore, Gennaro Savastano
Touro Law Review
No abstract provided.
You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza
You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza
Touro Law Review
No abstract provided.
How Much Autonomy Do You Want?, Maimon Schwarzschild
How Much Autonomy Do You Want?, Maimon Schwarzschild
Faculty Scholarship
No abstract provided.
Restoring Constitutional Equilibrium, Adam Lamparello
Restoring Constitutional Equilibrium, Adam Lamparello
Adam Lamparello
In areas such as the Fourteenth Amendment, the Supreme Court's lack of institutional restraint has affected citizens of every political persuasion. In Bush v. Gore, the Florida Supreme Court’s recount order was blocked. ‘Liberals,’ lost. In Roe v. Wade, the Court required state legislatures to allow most abortions in the first trimester. ‘Conservatives’ lost. In Clinton v. City of New York and Citizens United v. Federal Election Commission, the coordinate branch’s attempt to ensure a more efficient and fairer government was thwarted. Average citizens lost. The problem is not a liberal or conservative one, whatever those words mean. It is …
The Separate But Unequal Constitution, Adam Lamparello, Charles E. Maclean
The Separate But Unequal Constitution, Adam Lamparello, Charles E. Maclean
Adam Lamparello
The Constitution should not be a political chess match, and outcomes should not depend on the composition of the Supreme Court. The text’s written and unwritten mandates speak to a single value that should unite jurists of all interpretive persuasions: the people — not legislatures or courts — own the Constitution’s enumerated rights, and have a corresponding right to define those that are not enumerated. But those rights have not been fully realized because the Constitution has been applied in a separate — and unequal — manner.
The wealthy have increased access to the political process, the poor are disproportionately …
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Law Faculty Publications
Part I of this Article traces the history of child abuse reporting hotlines. Part II describes the current law and practice behind child abuse reporting hotlines. Part III examines why anonymous reporting by the public is unnecessary and highly susceptible to abuse. Part IV analyzes the constitutional rights at stake in anonymous reporting, citing federal case law that contradicts current practice. Part V concludes with a proposal to abolish anonymous reporting and require all public reporting hotlines to adhere to published, written policies.
The Transgender Student-Athlete: Is There A Fourteenth Amendment Right To Participate On The Gender-Specific Team Of Your Choice?, Krista D. Brown
The Transgender Student-Athlete: Is There A Fourteenth Amendment Right To Participate On The Gender-Specific Team Of Your Choice?, Krista D. Brown
Marquette Sports Law Review
No abstract provided.