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Full-Text Articles in Law
Jury Nullification: What It Is And How To Do It Ethically, Monroe H. Freedman
Jury Nullification: What It Is And How To Do It Ethically, Monroe H. Freedman
Hofstra Law Review
The article discusses the concept of jury nullification (JN) in America as of 2014, and it presents practical advice for U.S. attorneys on how to use the JN process in an ethical manner. The U.S. Supreme Court determined in the 1895 case Sparf v. United States that jurors, who have the power to nullify the law in rendering a general verdict, can also be kept ignorant of their power of nullification. U.S. constitutional laws and several other JN cases are examined.
Repealing Physician-Only Laws: Undoing The Burden Of Gestational Age Limits, Ada Kozicz
Repealing Physician-Only Laws: Undoing The Burden Of Gestational Age Limits, Ada Kozicz
Hofstra Law Review
The article discusses a proposal to undo the burden of gestational age limits in state abortion laws in America by repealing physician-only laws, and it mentions the possible establishment of an undue burden legal standard, as well as information about several abortion-related legal cases such as Roe v. Wade and Planned Parenthood of Southern Pennsylvania v. Casey. U.S. constitutional laws and bans on abortion are examined, as well as the qualifications of non-physician clinicians.
Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence, Susannah W. Pollvogt
Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence, Susannah W. Pollvogt
Hofstra Law Review
The article discusses equal protection jurisprudence in America in relation to the U.S. Supreme Court's (USSC's) ruling in the 2013 marriage equality case United States v. Windsor. The views of USSC Justice Anthony Kennedy are mentioned, along with an unconstitutional animus legal doctrine and a heightened rational basis standard of review. The U.S. Constitution's Equal Protection Clause is addressed in relation to the nation's discrimination laws.
Adoptive Couple V. Baby Girl: From Strict Construction To Serious Confusion, Allison E. Burke
Adoptive Couple V. Baby Girl: From Strict Construction To Serious Confusion, Allison E. Burke
Hofstra Law Review
The article discusses the U.S. Supreme Court's ruling in the 2013 case Adoptive Couple v. Baby Girl which deals with the nation's Indian Child Welfare Act of 1978 and the legal rights of biological fathers. American constitutional laws are addressed, along with the legal aspects of adoptions involving non-Indian parents. Legal consent and parental rights are examined, as well as American state laws and the definition of a father under the South Carolina Annotated Code