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Articles 1 - 8 of 8
Full-Text Articles in Law
Homosexuality In High School: Recognizing A Student's Right To Privacy, Bari Nadworny
Homosexuality In High School: Recognizing A Student's Right To Privacy, Bari Nadworny
St. John's Law Review
(Excerpt)
This Note argues that high school officials disclosing information about a student's sexual orientation without the student's permission is a violation of the student's constitutional right to informational privacy. Part I examines the Supreme Court's informational privacy jurisprudence. This Part also examines the circuit court opinions that have contributed to the law in this area regarding personal sexual matters. Part II examines the current split of authority between the Third Circuit Court of Appeals, which has held that such a privacy right exists, and the Fifth Circuit Court of Appeals, which has held that it does not. Part III …
The Constitutionality Of Lengthy Term-Of-Years Sentences For Juvenile Non-Homicide Offenders, Rebecca Lowry
The Constitutionality Of Lengthy Term-Of-Years Sentences For Juvenile Non-Homicide Offenders, Rebecca Lowry
St. John's Law Review
(Excerpt)
Part I discusses the development of the Court's ' kids are different" decisions. Part II argues that the rationale behind Graham applies not only to life-without-parole sentences but also to lengthy term-of-years sentences for juvenile non-homicide offenders. Part III suggests a constitutional mandate as to when states must provide a meaningful opportunity for release and explores other legislative action states can employ to comply with Graham.
Suspicious Suspect Classes - Are Nonimmigrants Entitled To Strict Scrutiny Review Under The Equal Protection Clause?: An Analysis Of Dandamudi And Leclerc, John Harras
St. John's Law Review
(Excerpt)
Part I of this Note provides the background necessary to understand the different alienage classifications, equal protection jurisprudence, and the confusion in the Supreme Court's alienage equal protection precedent. Part II describes the differences of opinion among the circuit courts on the application of the Equal Protection Clause to nonimmigrants. Part III argues, in greater detail, that nonimmigrants are not a suspect class for the reasons stated above.
Constitutional Remedies: Reconciling Official Immunity With The Vindication Of Rights, Michael L. Wells
Constitutional Remedies: Reconciling Official Immunity With The Vindication Of Rights, Michael L. Wells
St. John's Law Review
(Excerpt)
Part I makes the crucial point that compensation is a tool and not a distinct goal of tort liability. With civil recourse theory as a guidepost, Part II argues that one of the aims of constitutional tort law is vindication of the plaintiffs rights. Civil recourse principles teach that vindication may be at least partly achieved even when immunity blocks compensation. Part III shows how the Court's failure to distinguish vindication from compensation has unnecessarily impeded the vindication of rights. Two important official immunity cases-Camreta v. Greene and Pearson v. Callahan -illustrate the missed opportunities and show how …
No Country For Old Men?: The Non-Preclusive Effect Of The Age Discrimination In Employment Act On § 1983 Age Discrimination Claims, Lauren Tauro
St. John's Law Review
(Excerpt)
This Note argues that the ADEA should not be interpreted to preclude § 1983 constitutional claims for age discrimination in employment. Part I of this Note discusses the history and development of the statutory schemes that provide protection for employees against age discrimination in the workplace: § 1983 of the Civil Rights Act and the ADEA. Part II reviews relevant case law explaining the arguments for and against § 1983 preclusion to illustrate the interaction between § 1983 and the ADEA. Finally, Part III provides an equitable approach for courts to use to analyze § 1983 claims for age …
Fragmenting The Community: Immigration Enforcement And The Unintended Consequences Of Local Police Non-Cooperation Policies, Natashia Tidwell
Fragmenting The Community: Immigration Enforcement And The Unintended Consequences Of Local Police Non-Cooperation Policies, Natashia Tidwell
St. John's Law Review
(Excerpt)
Part I traces the historical roots of the relationship between local police and federal immigration authorities, beginning with the changes in enforcement strategy precipitated by the September 11, 2001 attacks and leading up to the launch of S-Comm. The federal government's increased reliance on local police to supplement its internal enforcement efforts has raised several Tenth Amendment concerns as the states struggle to define the proper scope of their "inherent authority" to act in immigration matters, with officials in some so-called sanctuary cities insisting that their inherent authority to enforce federal immigration law is commensurate with the sovereign right …
Revival Or Revolution: U.S. Trust's Role In The Contracts Clause Circuit Split, Michael Cataldo
Revival Or Revolution: U.S. Trust's Role In The Contracts Clause Circuit Split, Michael Cataldo
St. John's Law Review
(Excerpt)
This Note argues that U.S. Trust's Contracts Clause test created ambiguities that have spawned varying and conflicting approaches in the circuits. This Note also argues that U.S. Trust's failure to advance the Framers' original intent and departure from precedent has created the doctrinal disagreement that feeds the circuit split. Part I presents the history of the Contracts Clause from the Constitutional Convention up to the decision in U.S. Trust. Part II emphasizes the negative consequences of U.S. Trust's novel approach by detailing the varying approaches the circuits have taken in applying the ambiguous dual standards set out in …
Reexamining School Liability And The Viability Of A Special Relationship Claim In The Aftermath Of Deshaney V. Winnebago County Department Of Social Services, Anita Binayifaal
Reexamining School Liability And The Viability Of A Special Relationship Claim In The Aftermath Of Deshaney V. Winnebago County Department Of Social Services, Anita Binayifaal
St. John's Law Review
(Excerpt)
This Note focuses on whether a school deprives a student of a constitutional due process right to bodily integrity and security and thus violates section 1983-when the school fails to adequately protect the student from harm. At the center of this discussion is the special relationship exception that DeShaney carved out. Part I briefly discusses the Fourteenth Amendment, due process, and section 1983 claims. It then examines the facts and holding of DeShaney, which have shaped the boundaries of school system liability.3 1 Part II discusses the majority approach taken by circuit courts in determining the proper duty …