Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Seton Hall University

Seton Hall Constitutional Law Journal

Journal

2002

Articles 1 - 18 of 18

Full-Text Articles in Law

Editorial Board - Vol. 12, Nos. 2&3 Spring & Summer 2002 Jan 2002

Editorial Board - Vol. 12, Nos. 2&3 Spring & Summer 2002

Seton Hall Constitutional Law Journal

No abstract provided.


Table Of Contents Jan 2002

Table Of Contents

Seton Hall Constitutional Law Journal

No abstract provided.


The Constitutionality Of Virtual Child Pornography: Why Reality And Fantasy Are Still Different Under The First Amendment, Aimee G. Hamoy Jan 2002

The Constitutionality Of Virtual Child Pornography: Why Reality And Fantasy Are Still Different Under The First Amendment, Aimee G. Hamoy

Seton Hall Constitutional Law Journal

No abstract provided.


Fourteenth Amendment - The Due Process Clause - Immigration And Nationality Act - It Is Unlawful For The Government To Detain An Alien Indefinitely Beyond The Statutorily Mandated Removal Period - Zadvydas V. Davis, 121 S. Ct. 2491 (2001)., Christie Del Rey Jan 2002

Fourteenth Amendment - The Due Process Clause - Immigration And Nationality Act - It Is Unlawful For The Government To Detain An Alien Indefinitely Beyond The Statutorily Mandated Removal Period - Zadvydas V. Davis, 121 S. Ct. 2491 (2001)., Christie Del Rey

Seton Hall Constitutional Law Journal

No abstract provided.


Article I - Separation Of Powers - Non-Delegation Doctrine-Construction Of Clean Air Act Provision Requiring Environmental Protection Agency To Set Air Quality Standards At A Level Requisite To Protect The Public Health With An Adequate Margin Of Safety Is Not An Unconstitutional Delegation Of Legislative Power - Whitman V. American Trucking Ass'ns, Inc., 531 U.S. 457 (2001)., Marion Johnson Jan 2002

Article I - Separation Of Powers - Non-Delegation Doctrine-Construction Of Clean Air Act Provision Requiring Environmental Protection Agency To Set Air Quality Standards At A Level Requisite To Protect The Public Health With An Adequate Margin Of Safety Is Not An Unconstitutional Delegation Of Legislative Power - Whitman V. American Trucking Ass'ns, Inc., 531 U.S. 457 (2001)., Marion Johnson

Seton Hall Constitutional Law Journal

No abstract provided.


Fourteenth Amendment - Procreational Autonomy As A Fundamental Attribute Of The Privacy Rights - Where The Right To Procreate And The Right Not To Procreate Are In Direct Conflict Over The Disposition Of Frozen Embryos, Ordinarily, The Party Wishing To Avoid Procreation Should Prevail. J.B. V. M.B., 2001 N.J. Lexis 955, At *1 (N.J. Aug. 14, 2001)., Lauren N. Makar Jan 2002

Fourteenth Amendment - Procreational Autonomy As A Fundamental Attribute Of The Privacy Rights - Where The Right To Procreate And The Right Not To Procreate Are In Direct Conflict Over The Disposition Of Frozen Embryos, Ordinarily, The Party Wishing To Avoid Procreation Should Prevail. J.B. V. M.B., 2001 N.J. Lexis 955, At *1 (N.J. Aug. 14, 2001)., Lauren N. Makar

Seton Hall Constitutional Law Journal

No abstract provided.


Fourteenth Amendment - The Equal Protection Clause - No State Shall Make Or Enforce Any Law Which Shall Abridge The Privileges Or Immunities Of Citizens Of The United States... Nor Deny To Any Person Within Its Jurisdiction The Equal Protection Of The Laws. Bush V. Gore, 531 U.S. 98 (2000)., Susan L. Swatski Jan 2002

Fourteenth Amendment - The Equal Protection Clause - No State Shall Make Or Enforce Any Law Which Shall Abridge The Privileges Or Immunities Of Citizens Of The United States... Nor Deny To Any Person Within Its Jurisdiction The Equal Protection Of The Laws. Bush V. Gore, 531 U.S. 98 (2000)., Susan L. Swatski

Seton Hall Constitutional Law Journal

No abstract provided.


Fourteenth Amendment - The Civil Rights Act Of 1964 & The Americans With Disabilities Act Of 1990 - The Federal Arbitration Act - The Eeoc May Pursue Victim-Specific Relief Despite The Existence Of A Valid, Enforceable Arbitration Agreement Between An Employer And Its Employee - Equal Employment Opportunity Commission V. Waffle House, Inc., 122 S. Ct. 754 (2002)., Timothy J. Lowry Jan 2002

Fourteenth Amendment - The Civil Rights Act Of 1964 & The Americans With Disabilities Act Of 1990 - The Federal Arbitration Act - The Eeoc May Pursue Victim-Specific Relief Despite The Existence Of A Valid, Enforceable Arbitration Agreement Between An Employer And Its Employee - Equal Employment Opportunity Commission V. Waffle House, Inc., 122 S. Ct. 754 (2002)., Timothy J. Lowry

Seton Hall Constitutional Law Journal

No abstract provided.


The Constitution Of The United States Of America Jan 2002

The Constitution Of The United States Of America

Seton Hall Constitutional Law Journal

No abstract provided.


New Jersey State Constitution 1947 Jan 2002

New Jersey State Constitution 1947

Seton Hall Constitutional Law Journal

No abstract provided.


First Amendment - Content-Neutral Time, Place, Manner Restrictions On Free Speech - A Municipality's Park Ordinance That Requires A Permit To Assemble More Than Fifty People Is Facially Constitutional - Thomas V. Chicago Park District, 122 S. Ct. 775 (2002)., Kate Yannitte Jan 2002

First Amendment - Content-Neutral Time, Place, Manner Restrictions On Free Speech - A Municipality's Park Ordinance That Requires A Permit To Assemble More Than Fifty People Is Facially Constitutional - Thomas V. Chicago Park District, 122 S. Ct. 775 (2002)., Kate Yannitte

Seton Hall Constitutional Law Journal

No abstract provided.


Associate Justice Thurgood Marshall: An Indispensable Voice In The Struggle For The Civil Rights Of People With Disabilities, Edward H. Haas Jan 2002

Associate Justice Thurgood Marshall: An Indispensable Voice In The Struggle For The Civil Rights Of People With Disabilities, Edward H. Haas

Seton Hall Constitutional Law Journal

No abstract provided.


Eleventh And Fourteenth Amendments - Americans With Disabilities Act - Government Regulation Authorizing Suit By Private Individuals In Federal Court For Money Damages Against The State For Violations Of Title I Of The Act Invalid - Board Of Trustees Of University Of Alabama V. Garrett, 531 U.S. 356 (2001)., Marita Skye Erbeck Jan 2002

Eleventh And Fourteenth Amendments - Americans With Disabilities Act - Government Regulation Authorizing Suit By Private Individuals In Federal Court For Money Damages Against The State For Violations Of Title I Of The Act Invalid - Board Of Trustees Of University Of Alabama V. Garrett, 531 U.S. 356 (2001)., Marita Skye Erbeck

Seton Hall Constitutional Law Journal

No abstract provided.


Fourth Amendment - Search And Seizure - Checkpoints Established With The Primary Purpose Of Interdicting Illegal Narcotics Violate The Fourth Amendment's Guarantee Against Unreasonable Searches And Seizures - Indianapolis V. Edmond, 531 U.S. 32 (2000)., Darcelle Gleason Jan 2002

Fourth Amendment - Search And Seizure - Checkpoints Established With The Primary Purpose Of Interdicting Illegal Narcotics Violate The Fourth Amendment's Guarantee Against Unreasonable Searches And Seizures - Indianapolis V. Edmond, 531 U.S. 32 (2000)., Darcelle Gleason

Seton Hall Constitutional Law Journal

No abstract provided.


Fourteenth Amendment - Americans With Disabilities Act Of 1990 - Public Accommodations - Professional Athletic Association Prohibited From Denying Golfer Afflicted With A Degenerative Circulatory Disorder Equal Access To Its Tournaments And Qualifying Stages, Because The Use Of A Golf Cart Is Not A Modification That Would "Fundamentally Alter The Nature" Or Professional Tours Or Events - Pga Tour, Inc. V. Martin, 121 S. Ct. 1879 (2001)., Timothy J. Lowry Jan 2002

Fourteenth Amendment - Americans With Disabilities Act Of 1990 - Public Accommodations - Professional Athletic Association Prohibited From Denying Golfer Afflicted With A Degenerative Circulatory Disorder Equal Access To Its Tournaments And Qualifying Stages, Because The Use Of A Golf Cart Is Not A Modification That Would "Fundamentally Alter The Nature" Or Professional Tours Or Events - Pga Tour, Inc. V. Martin, 121 S. Ct. 1879 (2001)., Timothy J. Lowry

Seton Hall Constitutional Law Journal

No abstract provided.


Fourteenth Amendment - Deeds Of Private Organizations Constitute State Actions Under The Fourteenth Amendment Where There Is Pervasive Entwinement Between The Private Organization And A Governmental Entity - Brentwood Academy V. Tennessee Secondary School Athletic Association, 121 S. Ct. 924 (2001)., Lisa Mastrogiovanni Jan 2002

Fourteenth Amendment - Deeds Of Private Organizations Constitute State Actions Under The Fourteenth Amendment Where There Is Pervasive Entwinement Between The Private Organization And A Governmental Entity - Brentwood Academy V. Tennessee Secondary School Athletic Association, 121 S. Ct. 924 (2001)., Lisa Mastrogiovanni

Seton Hall Constitutional Law Journal

No abstract provided.


Article I - Copyright Law - A Publisher Of Collective Works Is Not Shielded By The § 201 (C) Privilege From Charges Of Infringement When A Freelance Article Contributed To The Collection Is Placed In An Electronic Database Without The Consent Of The Author - New York Times Company, Inc. V. Tasini, 533 U.S. 483 (2001)., Michele Montuore Jan 2002

Article I - Copyright Law - A Publisher Of Collective Works Is Not Shielded By The § 201 (C) Privilege From Charges Of Infringement When A Freelance Article Contributed To The Collection Is Placed In An Electronic Database Without The Consent Of The Author - New York Times Company, Inc. V. Tasini, 533 U.S. 483 (2001)., Michele Montuore

Seton Hall Constitutional Law Journal

No abstract provided.


Fourth Amendment - Search And Seizure - A Thermal-Imaging Scan Of A Private Residence From A Public Vantage Point In Order To Detect Heat Emanating From That Residence Constitutes A Fourth Amendment Search - Kyllo V. United States, 533 U.S. 27 (2001)., Robert L. Selvers Jan 2002

Fourth Amendment - Search And Seizure - A Thermal-Imaging Scan Of A Private Residence From A Public Vantage Point In Order To Detect Heat Emanating From That Residence Constitutes A Fourth Amendment Search - Kyllo V. United States, 533 U.S. 27 (2001)., Robert L. Selvers

Seton Hall Constitutional Law Journal

No abstract provided.