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Full-Text Articles in Law

Fdr And Chief Justice Hughes: The President, The Supreme Court, And The Epic Battle Over The New Deal, James F. Simon Jan 2012

Fdr And Chief Justice Hughes: The President, The Supreme Court, And The Epic Battle Over The New Deal, James F. Simon

Books

By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century.

The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, …


Confrontation Clause Curiosities: When Logic And Proportion Have Fallen Sloppy Dead, Randolph N. Jonakait Jan 2012

Confrontation Clause Curiosities: When Logic And Proportion Have Fallen Sloppy Dead, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty Jan 2012

Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty

NYLS Law Review

No abstract provided.


People V. Harnett, Michelle Minarcik Jan 2012

People V. Harnett, Michelle Minarcik

NYLS Law Review

No abstract provided.


Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel Jan 2012

Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel

NYLS Law Review

No abstract provided.


The Constitutionality Of The Niqab Ban In Egypt: A Symbol Of Egypt’S Struggle For A Legal Identity, Luna Droubi Jan 2012

The Constitutionality Of The Niqab Ban In Egypt: A Symbol Of Egypt’S Struggle For A Legal Identity, Luna Droubi

NYLS Law Review

No abstract provided.


Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus Jan 2012

Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus

NYLS Law Review

No abstract provided.


Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State, Justin Ashenfelter Jan 2012

Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State, Justin Ashenfelter

NYLS Law Review

No abstract provided.


Getting Back To The Fourth Amendment: Warrantless Cell Phone Searches, Mireille Dee Jan 2012

Getting Back To The Fourth Amendment: Warrantless Cell Phone Searches, Mireille Dee

NYLS Law Review

No abstract provided.


Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman Jan 2012

Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman

Articles & Chapters

While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions when circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …