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Seton Hall University

Seton Hall Constitutional Law Journal

Journal

1999

Articles 1 - 30 of 37

Full-Text Articles in Law

Unforgettable, Too: The (Juris)Prudential Legacy Of The Second Justice Harlan, J. Richard Broughton Aug 1999

Unforgettable, Too: The (Juris)Prudential Legacy Of The Second Justice Harlan, J. Richard Broughton

Seton Hall Constitutional Law Journal

No abstract provided.


Seventh & Fourteenth Amendments - 42 U.S.C. § 1983 - Action Under § 1983 Alleging A Regulatory Taking And Seeking Legal Relief Is An Action At Law Sounding In Tort And Conferring A Right To Jury Trial - City Of Monterey V. Del Monte Dunes At Monterey, Ltd., 119 S. Ct. 1624 (U.S. 1999)., David J. Treacy Aug 1999

Seventh & Fourteenth Amendments - 42 U.S.C. § 1983 - Action Under § 1983 Alleging A Regulatory Taking And Seeking Legal Relief Is An Action At Law Sounding In Tort And Conferring A Right To Jury Trial - City Of Monterey V. Del Monte Dunes At Monterey, Ltd., 119 S. Ct. 1624 (U.S. 1999)., David J. Treacy

Seton Hall Constitutional Law Journal

No abstract provided.


Does The Fourth Amendment Prohibit Suspicionless Searches - Or Do Individual Rights Succumb To The Government's "So-Called" Special Needs?, Michael Polloway Aug 1999

Does The Fourth Amendment Prohibit Suspicionless Searches - Or Do Individual Rights Succumb To The Government's "So-Called" Special Needs?, Michael Polloway

Seton Hall Constitutional Law Journal

No abstract provided.


First Amendment - Right To Free Speech And Free Expression - State Efforts To Regulate The Initiative Process During The Petition Circulation Stage Violated First Amendment Rights To Free Political Speech And Free Political Expression - Buckley V. American Constitutional Law Foundation Inc., 119 S.Ct. 636 (1999)., Brian J. Pollock Aug 1999

First Amendment - Right To Free Speech And Free Expression - State Efforts To Regulate The Initiative Process During The Petition Circulation Stage Violated First Amendment Rights To Free Political Speech And Free Political Expression - Buckley V. American Constitutional Law Foundation Inc., 119 S.Ct. 636 (1999)., Brian J. Pollock

Seton Hall Constitutional Law Journal

No abstract provided.


The Constitution Of The United States Of America Aug 1999

The Constitution Of The United States Of America

Seton Hall Constitutional Law Journal

No abstract provided.


Civil Rights - Title Ix Of The Education Amendments Of 1972 - Public School Board May Incur Title Ix Liability For Student To Student Sexual Harassment If The Board Acted With Deliberate Indifference To The Harassment Which Was Sufficiently Severe, Pervasive, And Objectively Offensive - Davis V. Monroe County Board Of Education, 119 S.Ct. 1661 (1999)., Joanna P. Piorek Aug 1999

Civil Rights - Title Ix Of The Education Amendments Of 1972 - Public School Board May Incur Title Ix Liability For Student To Student Sexual Harassment If The Board Acted With Deliberate Indifference To The Harassment Which Was Sufficiently Severe, Pervasive, And Objectively Offensive - Davis V. Monroe County Board Of Education, 119 S.Ct. 1661 (1999)., Joanna P. Piorek

Seton Hall Constitutional Law Journal

No abstract provided.


Eighth Amendment & 18 U.S.C. § 982 - Excessive Fines Clause - A Punitive Forfeiture Violates The Excessive Fines Clause Of The Eighth Amendment If The Amount Is Grossly Disproportional To The Magnitude Of The Crime It Is Intended To Punish - United States V. Bajakajian, 524 U.S. 321 (1998)., G. Christopher Gleason Aug 1999

Eighth Amendment & 18 U.S.C. § 982 - Excessive Fines Clause - A Punitive Forfeiture Violates The Excessive Fines Clause Of The Eighth Amendment If The Amount Is Grossly Disproportional To The Magnitude Of The Crime It Is Intended To Punish - United States V. Bajakajian, 524 U.S. 321 (1998)., G. Christopher Gleason

Seton Hall Constitutional Law Journal

No abstract provided.


Reconsidering Homosexual Rights In Light Of The Reemergence Of Southern States' Rights, Daniel R. Gordon Aug 1999

Reconsidering Homosexual Rights In Light Of The Reemergence Of Southern States' Rights, Daniel R. Gordon

Seton Hall Constitutional Law Journal

No abstract provided.


Table Of Contents Aug 1999

Table Of Contents

Seton Hall Constitutional Law Journal

No abstract provided.


Presentation Of The New York Times Company V. United States Oral Argument Aug 1999

Presentation Of The New York Times Company V. United States Oral Argument

Seton Hall Constitutional Law Journal

No abstract provided.


Fourth Amendment - Evidence Unconstitutionality Seized From A Parolee's Residence Is Admissible At The Parolee's Revocation Hearing Because Parole Boards Are Not Required By Federal Law To Exclude Evidence Obtained In Violation Of The Fourth Amendment - Pennsylvania Board Of Probation And Parole V. Scott, 118 S. Ct. 2014 (1998)., Michelle D. Grady Aug 1999

Fourth Amendment - Evidence Unconstitutionality Seized From A Parolee's Residence Is Admissible At The Parolee's Revocation Hearing Because Parole Boards Are Not Required By Federal Law To Exclude Evidence Obtained In Violation Of The Fourth Amendment - Pennsylvania Board Of Probation And Parole V. Scott, 118 S. Ct. 2014 (1998)., Michelle D. Grady

Seton Hall Constitutional Law Journal

No abstract provided.


First Amendment - Freedom Of Religion - Establishment Clause - Holiday Display Erected And Maintained By A Governmental Entity That Contains Both Religious And Secular Symbols And Is Located On Public Property Does Not Violate The Establishment Clause When The Intent Is To Celebrate Cultural And Ethnic Diversity - American Civil Liberties Union Of New Jersey V. Schundler, 168 F.3d 92 (3d Cir. 1999)., Leonard Fondetto Iii Jun 1999

First Amendment - Freedom Of Religion - Establishment Clause - Holiday Display Erected And Maintained By A Governmental Entity That Contains Both Religious And Secular Symbols And Is Located On Public Property Does Not Violate The Establishment Clause When The Intent Is To Celebrate Cultural And Ethnic Diversity - American Civil Liberties Union Of New Jersey V. Schundler, 168 F.3d 92 (3d Cir. 1999)., Leonard Fondetto Iii

Seton Hall Constitutional Law Journal

No abstract provided.


The Demise Of The Entire Controversy Doctrine Jun 1999

The Demise Of The Entire Controversy Doctrine

Seton Hall Constitutional Law Journal

No abstract provided.


Table Of Contents Jun 1999

Table Of Contents

Seton Hall Constitutional Law Journal

No abstract provided.


Of Horror Stories And Happy Endings: The Rise And Fall Of Preclusion-Based Compulsory Party Joinder Under The New Jersey Entire Controversy Doctrine, Howard M. Erichson Jun 1999

Of Horror Stories And Happy Endings: The Rise And Fall Of Preclusion-Based Compulsory Party Joinder Under The New Jersey Entire Controversy Doctrine, Howard M. Erichson

Seton Hall Constitutional Law Journal

No abstract provided.


The Reshaping Of The Entire Controversy Doctrine: A View From The Bench, Burrell I. Humphreys Jun 1999

The Reshaping Of The Entire Controversy Doctrine: A View From The Bench, Burrell I. Humphreys

Seton Hall Constitutional Law Journal

No abstract provided.


A Critical Analysis Of Retroactive Economic Legislation: A Proposal For Due Process Revitalization In The Economic Arena, Matthew A. Schwartz Jun 1999

A Critical Analysis Of Retroactive Economic Legislation: A Proposal For Due Process Revitalization In The Economic Arena, Matthew A. Schwartz

Seton Hall Constitutional Law Journal

No abstract provided.


Hopwood: Bakke Ii And Skeptical Scrutiny, Cedric Merlin Powell Jun 1999

Hopwood: Bakke Ii And Skeptical Scrutiny, Cedric Merlin Powell

Seton Hall Constitutional Law Journal

No abstract provided.


Fifth Amendment - Equal Protection - Statute Which Requires Additional Proof Of Paternity For Citizenship Whenever The Citizen Parent Of A Child Born Out Of Wedlock Is The Child's Father Does Not Represent An Unconstitutional Denial Of Equal Protection Based On Sex Of Citizen Parent - Miller V. Albright, 118 S. Ct. 1428 (1998)., Joseph Hannon Jun 1999

Fifth Amendment - Equal Protection - Statute Which Requires Additional Proof Of Paternity For Citizenship Whenever The Citizen Parent Of A Child Born Out Of Wedlock Is The Child's Father Does Not Represent An Unconstitutional Denial Of Equal Protection Based On Sex Of Citizen Parent - Miller V. Albright, 118 S. Ct. 1428 (1998)., Joseph Hannon

Seton Hall Constitutional Law Journal

No abstract provided.


Fifth & Fourteenth Amendments - Due Process Clause - Right Against Self-Incrimination - State's Voluntary Interview During Clemency Procedures Does Not Violate Due Process Protections Or The Fifth Amendment Protection Against Compelled Self-Incrimination - Ohio Adult Parole Authority V. Woodard, 118 S. Ct. 1244 (1998)., Michele K. Mcguire Jun 1999

Fifth & Fourteenth Amendments - Due Process Clause - Right Against Self-Incrimination - State's Voluntary Interview During Clemency Procedures Does Not Violate Due Process Protections Or The Fifth Amendment Protection Against Compelled Self-Incrimination - Ohio Adult Parole Authority V. Woodard, 118 S. Ct. 1244 (1998)., Michele K. Mcguire

Seton Hall Constitutional Law Journal

No abstract provided.


Fifth Amendment - Right Against Self-Incrimination - The Privilege Against Self-Incrimination May Be Asserted During Sentencing Following A Plea Of Guilty, And The Trial Court May Not Draw An Adverse Inference From Its Assertion When Determining Relevant Facts About The Crime - Mitchell V. United States, 119 S. Ct. 1307 (1999)., Laura M. Logiudice Jun 1999

Fifth Amendment - Right Against Self-Incrimination - The Privilege Against Self-Incrimination May Be Asserted During Sentencing Following A Plea Of Guilty, And The Trial Court May Not Draw An Adverse Inference From Its Assertion When Determining Relevant Facts About The Crime - Mitchell V. United States, 119 S. Ct. 1307 (1999)., Laura M. Logiudice

Seton Hall Constitutional Law Journal

No abstract provided.


Article Iii, Section 2, Clause 2 - Original Jurisdiction Of The United States Supreme Court - In An Interstate Boundary Dispute, New Jersey Was Granted Sovereign Authority Over The Landfilled Portion Of Ellis Island, With New York Retaining Sovereign Authority Over The Original Portion, Pursuant To The Express Terms Of The States' Compact Of 1834 - New Jersey V. New York, 118 S. Ct. 1726 (1998)., Patrick T. Mottola Jun 1999

Article Iii, Section 2, Clause 2 - Original Jurisdiction Of The United States Supreme Court - In An Interstate Boundary Dispute, New Jersey Was Granted Sovereign Authority Over The Landfilled Portion Of Ellis Island, With New York Retaining Sovereign Authority Over The Original Portion, Pursuant To The Express Terms Of The States' Compact Of 1834 - New Jersey V. New York, 118 S. Ct. 1726 (1998)., Patrick T. Mottola

Seton Hall Constitutional Law Journal

No abstract provided.


First Amendment - Article I, Paragraph 6 - Freedom Of Speech - Statute That Restricts The Size, Number, And Content Of Signs Sexually-Oriented Businesses Display Targets Only Commercial Speech And, Therefore, Is Constitutional - Hamilton Amusement Center V. Verniero, 156 N.J. 254 (1998)., Theresa Marchitto Jun 1999

First Amendment - Article I, Paragraph 6 - Freedom Of Speech - Statute That Restricts The Size, Number, And Content Of Signs Sexually-Oriented Businesses Display Targets Only Commercial Speech And, Therefore, Is Constitutional - Hamilton Amusement Center V. Verniero, 156 N.J. 254 (1998)., Theresa Marchitto

Seton Hall Constitutional Law Journal

No abstract provided.


First Amendment - Free Speech Clause - Public Transportation Agency's Advertising Space Is A Designated Public Forum And, As Such, Removal Of Anti-Abortion Group's Posters Must Meet Strict Scrutiny - Christ Bride's Ministries, Inc. V. Southeastern Pennsylvania Transportation Authority, 148 F.3d 242 (3d Cir. 1998)., Cynthia Abson Jun 1999

First Amendment - Free Speech Clause - Public Transportation Agency's Advertising Space Is A Designated Public Forum And, As Such, Removal Of Anti-Abortion Group's Posters Must Meet Strict Scrutiny - Christ Bride's Ministries, Inc. V. Southeastern Pennsylvania Transportation Authority, 148 F.3d 242 (3d Cir. 1998)., Cynthia Abson

Seton Hall Constitutional Law Journal

No abstract provided.


The Evolution Of The "Entire Controversy" Doctrine And Its Enduring Effects On The Attorney-Client Relationship: What A Long, Strange Trip It Has Been, Daniel M. Serviss Jun 1999

The Evolution Of The "Entire Controversy" Doctrine And Its Enduring Effects On The Attorney-Client Relationship: What A Long, Strange Trip It Has Been, Daniel M. Serviss

Seton Hall Constitutional Law Journal

No abstract provided.


Fourth And Fourteenth Amendments - Search And Seizure - Police Officers With Probable Cause To Search An Automobile May Inspect Passenger's Belongings That Are Found In The Car, Which Are Capable Of Concealing The Object Of The Search, Even Without Reasonable Belief That The Passenger Was Engaged In A Common Enterprise Or That The Driver Had Time To Conceal Items - Wyoming V. Houghton, 119 S. Ct. 1297 (1999)., David Lawrence Burnett Jun 1999

Fourth And Fourteenth Amendments - Search And Seizure - Police Officers With Probable Cause To Search An Automobile May Inspect Passenger's Belongings That Are Found In The Car, Which Are Capable Of Concealing The Object Of The Search, Even Without Reasonable Belief That The Passenger Was Engaged In A Common Enterprise Or That The Driver Had Time To Conceal Items - Wyoming V. Houghton, 119 S. Ct. 1297 (1999)., David Lawrence Burnett

Seton Hall Constitutional Law Journal

No abstract provided.


The Constitution Of The United States Of America Jun 1999

The Constitution Of The United States Of America

Seton Hall Constitutional Law Journal

No abstract provided.


Witness Immunity: Unconstitutional, Unfair, Unconscionable, Alexander J. Menza Jan 1999

Witness Immunity: Unconstitutional, Unfair, Unconscionable, Alexander J. Menza

Seton Hall Constitutional Law Journal

No abstract provided.


New Jersey Law And Police Response To The Exclusion Of Minority Patrons From Retail Stores Based On The Mere Suspicion Of Shoplifting, James L. Fennessy Jan 1999

New Jersey Law And Police Response To The Exclusion Of Minority Patrons From Retail Stores Based On The Mere Suspicion Of Shoplifting, James L. Fennessy

Seton Hall Constitutional Law Journal

No abstract provided.


Table Of Contents Jan 1999

Table Of Contents

Seton Hall Constitutional Law Journal

No abstract provided.