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Articles 1 - 30 of 68
Full-Text Articles in Law
Is Jacobson V. Massachusetts Viable After A Century Of Dormancy? A Review In The Face Of Covid-19, Sawan Talwar
Is Jacobson V. Massachusetts Viable After A Century Of Dormancy? A Review In The Face Of Covid-19, Sawan Talwar
Touro Law Review
The COVID-19 pandemic has stretched us into the vast unknowns, emotionally, logically, politically, and legally. Relying on their police power, governments inched into the darkness of the powers’ fullest extent, leaving many to wonder whether the exercise of this power was constitutional. This Article examines the extent of the police power that both the federal and state governments have, and how Jacobson v. Massachusetts1 was the “silver bullet” for governments across the United States. Further, this Article provides an overview of police power, and the status of COVID-19 mandates. This Article additionally examines quarantine case law and provides an analysis …
Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White
Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White
Touro Law Review
Robert Cover’s Nomos and Narrative points to the need to recognize a second, novel dimension for understanding rights. His concept of nomos, applied to competing notions of nation in pluralistic societies, suggests that the current dimension for understanding rights, which conceives of them fundamentally as protections for the individual against the state, is too narrow. Rather a second dimension, understanding rights of individuals against the nation, and aimed at ensuring individuals’ ability to participate in the development of an idea of nation, is necessary to avoid “a total crushing of the jurisgenerative character” of nomoi by the state, or by …
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen M. Tani
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen M. Tani
Touro Law Review
No abstract provided.
A New Era: Digital Curtilage And Alexa-Enabled Smart Home Devices, Johanna Sanchez
A New Era: Digital Curtilage And Alexa-Enabled Smart Home Devices, Johanna Sanchez
Touro Law Review
No abstract provided.
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, Johanna Poremba
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, Johanna Poremba
Touro Law Review
No abstract provided.
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Touro Law Review
No abstract provided.
Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger
Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger
Touro Law Review
No abstract provided.
The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander
The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander
Touro Law Review
No abstract provided.
The Legal Significance Of Custom In The Halakhic Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulchan, Shlomo C. Pill, Michael J. Broyde
The Legal Significance Of Custom In The Halakhic Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulchan, Shlomo C. Pill, Michael J. Broyde
Touro Law Review
No abstract provided.
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, Jessica Senat
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, Jessica Senat
Touro Law Review
No abstract provided.
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson
Touro Law Review
No abstract provided.
People V. Cole: Is The Incarceration Of An "Actually Innocent" Person Constitutional?, Aileen R. Kavanagh
People V. Cole: Is The Incarceration Of An "Actually Innocent" Person Constitutional?, Aileen R. Kavanagh
Touro Law Review
No abstract provided.
A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein
A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Criminal Court, New York County, People V. James, Nicole Compas
Criminal Court, New York County, People V. James, Nicole Compas
Touro Law Review
No abstract provided.
Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris
Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Touro Law Review
No abstract provided.
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Touro Law Review
No abstract provided.
Supreme Court, New York County, People V. Smith, Jessica Miller
Supreme Court, New York County, People V. Smith, Jessica Miller
Touro Law Review
No abstract provided.
The Doctor Will See You Now: An Argument For Amending The Licensing Process For Handguns In New York City, Alexander C. Depalo
The Doctor Will See You Now: An Argument For Amending The Licensing Process For Handguns In New York City, Alexander C. Depalo
Touro Law Review
No abstract provided.
Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx
Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx
Touro Law Review
On November 1, 2008, the New York State Bar Association House of Delegates approved a resolution affirming their commitment towards establishing a civil right to counsel in New York State. One of the issues identified is a child's right to representation not only in criminal, but also civil proceedings. Unlike other litigant groups, children have a statutorily established right to council in civil proceedings. However, as the white paper, adopted by the New State Bar Association, details, there are gaps in children 's advocacy throughout New York State. While significant steps towards improvement have recently taken place, there is still …
The Tipping Point On The Scales Of Civil Justice, Dennis A. Kaufman
The Tipping Point On The Scales Of Civil Justice, Dennis A. Kaufman
Touro Law Review
The right to counsel in civil cases-metaphorically known as Civil Gideon-has gained traction in segments of the legal community, but advances have thus far been legislative, and while significant, adoption has been slow, less than cohesive or thematic and inconsistent across the country. Patchwork recognition and implementation by legislatures forms a fragile and uneven safety net. The availability of counsel is far from comprehensive. The preferred path to a comprehensive right to counsel in civil matters goes through the United States Supreme Court, but the Court refused to recognize a due process constitutional right to counsel in a civil matter …
Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman
Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman
Touro Law Review
In Goldberg v. Kelly, the Supreme Court held that welfare recipients have a right under the Due Process Clause to notice and a meaningful opportunity to be heard before the state may terminate assistance. However, the Court stopped short of holding due process requires states to appoint counsel to represent claimants at these constitutionally mandated hearings. As a result, in the vast majority of administrative hearings involving welfare benefits, claimants- desperately poor, and often with little formal education- must appear pro se while trained advocates represent the government. Drawing on the theory of underenforced constitutional norms, first articulated by Dean …
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Touro Law Review
This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …
The Sanctity Of The Attorney-Client Relationship – Undermined By The Federal Interpretation Of The Right To Counsel - People V. Borukhova, Tara Laterza
Touro Law Review
No abstract provided.
Defining Instrumentalities Of Deadly Force, Tim Longo
Defining Instrumentalities Of Deadly Force, Tim Longo
Touro Law Review
No abstract provided.
Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum
Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum
Touro Law Review
No abstract provided.
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable
Touro Law Review
No abstract provided.
Commerce Clause, First Department: R.J. Reynolds Tobacco Company V. City Of New York Department Of Finance
Touro Law Review
No abstract provided.
Prosecutorial Readiness, Speedy Trial And The Absent Defendant: Has New York's 25 Year Dilemma Finally Been Resolved, Abraham Abramovsky, Jonathan I. Edelstein
Prosecutorial Readiness, Speedy Trial And The Absent Defendant: Has New York's 25 Year Dilemma Finally Been Resolved, Abraham Abramovsky, Jonathan I. Edelstein
Touro Law Review
No abstract provided.
Section 1983 In The Second Circuit, Honorable George C. Pratt
Section 1983 In The Second Circuit, Honorable George C. Pratt
Touro Law Review
No abstract provided.