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Articles 61 - 85 of 85
Full-Text Articles in Law
Slapps Across America, Jack Toscano
Slapps Across America, Jack Toscano
Touro Law Review
The Supreme Court’s landmark decision in New York Times v. Sullivan was meant to protect our fundamental right to free speech from defamation lawsuits. However, Strategic Lawsuits Against Public Participation, known as SLAPPS, continue to chill free speech through weak but expensive to defend defamation lawsuits. In response to SLAPPs many states have passed anti-SLAPP statutes that are meant to identify SLAPPs, quickly dismiss SLAPPS, and punish plaintiffs who bring SLAPPs. A difficult issue for federal courts throughout the country is whether these state anti-SLAPP statutes should apply in federal courts. This Note examines the Supreme Court opinions in Shady …
Private Largess In The Digital Age: Privacy In Reich's The New Property, Raymond H. Brescia
Private Largess In The Digital Age: Privacy In Reich's The New Property, Raymond H. Brescia
Touro Law Review
No abstract provided.
A Lesson In Moral Hazard: Why We Should Thank Bernie Madoff, Walter E. Block, Corey Jones
A Lesson In Moral Hazard: Why We Should Thank Bernie Madoff, Walter E. Block, Corey Jones
Touro Law Review
Bernie Madoff is akin to the canary that miners bring to their jobs for safety. He resembles the Distant Early Warning System that was installed to protect the U.S. from attack. He has not been appreciated as such. It is time, it is past time, that he be "credited" with this important role he has played.
Inducing Acts In Rabbinic Law, Amy Birkan
Legally Unhappy: How Us News And Law Schools Have Failed And How This Can Be Fixed, Christopher D. Iacono
Legally Unhappy: How Us News And Law Schools Have Failed And How This Can Be Fixed, Christopher D. Iacono
Touro Law Review
No abstract provided.
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Touro Law Review
No abstract provided.
Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake, Hayley A. Valla
Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake, Hayley A. Valla
Touro Law Review
No abstract provided.
Partnership, Democracy, And Self-Rule In Jewish Law, Daniel J.H. Greenwood
Partnership, Democracy, And Self-Rule In Jewish Law, Daniel J.H. Greenwood
Touro Law Review
Liberal political theory has long relied on a metaphor of contract: autonomous adults coming together to agree, by unanimous consent, on the basic structure of a just society. But contract is a strange metaphor with which to explain society. Contract law is based on a morality of strangers acting at arms-length. In contrast, decent societies and the governments they set for themselves must be based on a commitment of mutual responsibility. What makes us fellow citizens—fellows of any variety—is accepting that we are all in this together. Jewish legal and midrashic traditions can be a useful corrective to the atomistic …
Keeping Up: Walking With Justice Douglas, Charles A. Reich
Keeping Up: Walking With Justice Douglas, Charles A. Reich
Touro Law Review
No abstract provided.
The Icc Should Not Encourage Occupation, Uri Weiss
The Icc Should Not Encourage Occupation, Uri Weiss
Touro Law Review
No abstract provided.
Religious Alternative Dispute Resolution In Israel And Other Nations With State-Sponsored Religious Courts: Crafting A More Efficient And Better Relationship Between Rabbinical Courts And Arbitration Law In Israel, Michael J. Broyde, Ezra Ives
Religious Alternative Dispute Resolution In Israel And Other Nations With State-Sponsored Religious Courts: Crafting A More Efficient And Better Relationship Between Rabbinical Courts And Arbitration Law In Israel, Michael J. Broyde, Ezra Ives
Touro Law Review
No abstract provided.
Fixing What’S Broken: The Outdated Guidelines Of The Sca And Its Application To Modern Information Platforms, Lutfi Barakat
Fixing What’S Broken: The Outdated Guidelines Of The Sca And Its Application To Modern Information Platforms, Lutfi Barakat
Touro Law Review
In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to afford privacy protections to electronic communications and it has not changed since its inception. The ECPA has proven problematic as technology has advanced, but Congress has not modified the law to reflect this change. Courts have struggled to apply the law to both old technologies that have been updated and new technologies that have emerged. The ECPA needs to be revised to reflect the new advances in technology or be repealed and replaced with a new approach. This will ensure that consumer data will be safeguarded while in the …
Globalization And Privatization Of Federal Corporate Prosecutions: The Pressures Eroding Fifth Amendment Rights, Katarina Resar Krasulova
Globalization And Privatization Of Federal Corporate Prosecutions: The Pressures Eroding Fifth Amendment Rights, Katarina Resar Krasulova
Touro Law Review
Over the past several decades, our society has continued to become even more globalized and interconnected. The dynamic put increasing pressure on the fairness of criminal trials in domestic courts. This Article discusses two recent phenomena that illustrate this evolution and their impact on the defendants’ rights against selfincrimination: the globalization and privatization of the federal prosecutions. Globalization is understood as the United States’ Government’s increased reliance on foreign authorities in prosecution of cross-border crimes, while privatization denotes the Government’s reliance on private actors in conducting investigations. Investigations conducted by private entities and foreign governments, and the evidence those investigations …
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
Touro Law Review
This piece looks at how the existing education regime has led to disparities between white and minority students. The paper finds that the disparity gets even worse when special education is factored in. The reason so many low-income and minority students with disabilities receive such a poor education is that they do not have the proper legal representation to demand the rights that they are guaran- teed under US law. This paper looks at how low-income and minority families have been cheated out of proper legal representation in other areas and how receiving the necessary legal representation can lead to …
Witness For The Self: Miranda V. Arizona’S Political Theology, Graham James Mcaleer
Witness For The Self: Miranda V. Arizona’S Political Theology, Graham James Mcaleer
Touro Law Review
No abstract provided.
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll
Touro Law Review
No abstract provided.
“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow-Kleinhaus
“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow-Kleinhaus
Touro Law Review
No abstract provided.
Protest Art And Copyright Law: Weaponizing Intellectual Property Against Systemic Inequality And Social Injustice, Alina Ladyzhinskaya
Protest Art And Copyright Law: Weaponizing Intellectual Property Against Systemic Inequality And Social Injustice, Alina Ladyzhinskaya
Touro Law Review
The death of George Floyd ignited a powerful modern-day Civil Rights movement that spread across the globe. While some protesters took to the streets to demand change, creators amplified the message of hope and unity through protest street art. Murals of police brutality victims like George Floyd, Breonna Taylor, and Ahmaud Arbery, among many others, appeared in most large cities in the United States and were widely spread on social media. From cave art to modern protest street art, graffiti continues to be a generational medium of expression of the human experience. However, while a handful of artists like Banksy, …
Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman
Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman
Touro Law Review
No abstract provided.
Debunking “De Minimis” Violations Of Prisoners’ Religious Rights: Further Problems With The Supreme Court’S “Hands Off” Approach, Samantha Sparacino
Debunking “De Minimis” Violations Of Prisoners’ Religious Rights: Further Problems With The Supreme Court’S “Hands Off” Approach, Samantha Sparacino
Touro Law Review
Circuits are split as there continues to be an inconsistent application of Supreme Court doctrine stemming from the notion of the separation of church and the state. Imprisonment does not strip a wrongdoer of his constitutionally guaranteed rights and protections. Some Circuits have held that a minor, or de minimis, interpretation of an inmate’s religious rights can constitute a substantial burden under the Religious Land Use and Institutionalized Persons Act. In the absence of clear direction from the Supreme Court, I propose that courts should refrain from determining the value of a religious belief or practice as it relates …
Does Due Process Have An Age Limit? Why The Law Concerning The Parental Right To Freedom Of Intimate Association In The Relationship With An Adult Child Is A Mischaracterization Of A Circuit Split, Bryan Schenkman
Touro Law Review
No abstract provided.