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

Law Commons

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

Articles 1 - 30 of 37

Full-Text Articles in Law

Overcoming Overbreadth: Facial Challenges And The Valid Rule Requirement , Marc E. Isserles Dec 1998

Overcoming Overbreadth: Facial Challenges And The Valid Rule Requirement , Marc E. Isserles

American University Law Review

No abstract provided.


The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke Oct 1998

The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke

Dalhousie Law Journal

This article examines a series of cases launched in the Nova Scotia courts following the Cumberland Rebellion of 1776. In these cases loyalists sued former rebels, including those granted amnesty by the authorities, for losses sustained during the rebellion. The article traces the history of the cases and places them in the context of post-rebellion government policy. It argues that such proceedings were without precedent and effectively took the place of official schemes of expropriation of rebel land and compensation to loyalists. It also suggests that the use of civil courts in this way prolonged and exacerbated the social and …


Constitutional Law: A Ruse For Government By An Intellectual Elite, Lino A. Graglia Jul 1998

Constitutional Law: A Ruse For Government By An Intellectual Elite, Lino A. Graglia

Georgia State University Law Review

No abstract provided.


Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams May 1998

Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams

Northern Illinois University Law Review

This article attempts to evaluate the recent criticisms of the political structure of the Illinois Supreme Court. The author examines the electoral and legal systems that usually come into potential conflicts. The goal of the article is to illustrate some important issues in the environment free from the sensationalism of press accounts and the emotionalism of political attacks, and provoke a sensible debate among the State's bar, legislators, and public about how the perception of a "political" court impacts on Illinois' legal system.


Maintaining An Accusatorial System Of Justice: The States' Refusal To Follow The Supreme Court's Sanctioning Of Official Police Deception In Moran V. Burbine, John F. Terzano Mar 1998

Maintaining An Accusatorial System Of Justice: The States' Refusal To Follow The Supreme Court's Sanctioning Of Official Police Deception In Moran V. Burbine, John F. Terzano

University of the District of Columbia Law Review

Ours is the accusatorial as opposed to the inquisitorial system. Such has been the characteristic of Anglo-American criminal justice since it freed itself from practices borrowed by the Star Chamber from the Continent whereby an accused was interrogated in secret for hours on end. Under our system society carries the burden of proving its charge against the accused not out of his own mouth. It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through skillful investigation.... Protracted, systematic and uncontrolled subjection of an accused to interrogation by the police …


Contracts Clause, Supreme Court, Appellate Division Third Department: B.O.C.E.S. For Sole Supervisory District Of Rockland County V. State Of New York Jan 1998

Contracts Clause, Supreme Court, Appellate Division Third Department: B.O.C.E.S. For Sole Supervisory District Of Rockland County V. State Of New York

Touro Law Review

No abstract provided.


Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department Jan 1998

Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department

Touro Law Review

No abstract provided.


Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein Jan 1998

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King Jan 1998

Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Queens County: People V. Brewer Jan 1998

Search And Seizure, Supreme Court, Queens County: People V. Brewer

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H. Jan 1998

Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H.

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman Jan 1998

Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman

Touro Law Review

No abstract provided.


Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki Jan 1998

Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki

Touro Law Review

No abstract provided.


Arbitration Of Workplace Discrimination Claims: Federal Law And Compulsory Arbitration, Norris Case Jan 1998

Arbitration Of Workplace Discrimination Claims: Federal Law And Compulsory Arbitration, Norris Case

Touro Law Review

No abstract provided.


Commerce Clause, First Department: R.J. Reynolds Tobacco Company V. City Of New York Department Of Finance Jan 1998

Commerce Clause, First Department: R.J. Reynolds Tobacco Company V. City Of New York Department Of Finance

Touro Law Review

No abstract provided.


Establishment Of Religion, Supreme Court, Appellate Division, First Department: Robbins V. Bright Jan 1998

Establishment Of Religion, Supreme Court, Appellate Division, First Department: Robbins V. Bright

Touro Law Review

No abstract provided.


Ex Post Facto Laws, Supreme Court, Dutchess County: Doe V. Division Of Probation And Correction Alternatives Jan 1998

Ex Post Facto Laws, Supreme Court, Dutchess County: Doe V. Division Of Probation And Correction Alternatives

Touro Law Review

No abstract provided.


Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia Jan 1998

Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia

Touro Law Review

No abstract provided.


Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell Jan 1998

Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie Jan 1998

Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel Jan 1998

Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Himko Jan 1998

Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Himko

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Queens County: People V. Bell Jan 1998

Right To Counsel, Supreme Court, Queens County: People V. Bell

Touro Law Review

No abstract provided.


Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court Jan 1998

Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court

Touro Law Review

No abstract provided.


Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin Jan 1998

Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin

Touro Law Review

No abstract provided.


Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli Jan 1998

Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine Jan 1998

Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. Hichez Jan 1998

Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. Hichez

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Bronx County: People V. Johnson Jan 1998

Search And Seizure, Supreme Court, Bronx County: People V. Johnson

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, New York County: People V. Rodgers Jan 1998

Search And Seizure, Supreme Court, New York County: People V. Rodgers

Touro Law Review

No abstract provided.