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2014

Constitutional Law

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Articles 1 - 30 of 1648

Full-Text Articles in Law

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar Jan 2016

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar

Vincent Samar

Abstract

What Impact the Supreme Court’s Recent Hobby Lobby

Decision Might Have for LGBT Civil Rights?

Vincent J. Samar

The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …


Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven Jul 2015

Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven

Thomas Kleven

The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …


Hamoked: Center For The Defense Of The Individual V. Minister Of Defense, Elyakim Rubinstein, Esther Hayut, Noam Sohlberg Dec 2014

Hamoked: Center For The Defense Of The Individual V. Minister Of Defense, Elyakim Rubinstein, Esther Hayut, Noam Sohlberg

Translated Opinions

The petition concerned the Respondents’ authority to employ reg. 119 of the Defence (Emergency) Regulations, 1945 (hereinafter: Reg.119 or the Regulation) in a manner that would permit the forfeiture, demolition and sealing off of the homes of those suspected of involvement in hostile activity against the State of Israel. The Petitioners sought a declaratory order stating that the use of Reg. 119 in that manner and for such purposes is unlawful, inasmuch as, in their view, it contravenes international law and Israeli constitutional and administrative law.

The High Court of Justice (per Justice E. Rubinstein, Justices N. Sohlberg and …


Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson Dec 2014

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …


December 30, 2014: The Radical Religious Message Of A Charlie Brown Christmas, Bruce Ledewitz Dec 2014

December 30, 2014: The Radical Religious Message Of A Charlie Brown Christmas, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Radical Religious Message of A Charlie Brown Christmas“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello Dec 2014

City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello

Adam Lamparello

Focusing solely on whether a hotel owner has a reasonable expectation of privacy in a guest registry is akin to asking whether Verizon Wireless has a reasonable expectation of privacy in its customer lists. The answer to those questions should be yes, but the sixty-four thousand dollar question—and the proverbial elephant in the room—is whether hotel occupants and cell phone users forfeit their privacy rights simply because they check into the Beverly Hills Hotel or call their significant others from a Smart Phone on the Santa Monica Freeway. Put differently, a hotel owner’s expectation of privacy in a guest registry …


City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello Dec 2014

City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello

Adam Lamparello

Focusing solely on whether a hotel owner has a reasonable expectation of privacy in a guest registry is akin to asking whether Verizon Wireless has a reasonable expectation of privacy in its customer lists. The answer to those questions should be yes, but the sixty-four thousand dollar question—and the proverbial elephant in the room—is whether hotel occupants and cell phone users forfeit their privacy rights simply because they check into the Beverly Hills Hotel or call their significant others from a Smart Phone on the Santa Monica Freeway.

Put differently, a hotel owner’s expectation of privacy in a guest registry …


December 27, 2014: Religion As Tool, Not Identity, Bruce Ledewitz Dec 2014

December 27, 2014: Religion As Tool, Not Identity, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religion as Tool, Not Identity“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein Dec 2014

Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


First Amendment Decisions - 2002 Term, Joel Gora Dec 2014

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Dec 2014

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


Crawford V. Washington: Reclaiming The Original Meaning Of The Confrontation Clause, Danielle Dupre Dec 2014

Crawford V. Washington: Reclaiming The Original Meaning Of The Confrontation Clause, Danielle Dupre

Touro Law Review

No abstract provided.


County Court, Nassau County, People V. Lacey, Nicholas Melillo Dec 2014

County Court, Nassau County, People V. Lacey, Nicholas Melillo

Touro Law Review

No abstract provided.


Supreme Court, Monroe County, People Ex Rel. Gordon V. O'Flynn, Hannah Abrams Dec 2014

Supreme Court, Monroe County, People Ex Rel. Gordon V. O'Flynn, Hannah Abrams

Touro Law Review

No abstract provided.


Supreme Court, Broome County, In Re United Health Services Hospitals, Kristen Kelekian Dec 2014

Supreme Court, Broome County, In Re United Health Services Hospitals, Kristen Kelekian

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Local Government Assistance Corp. V. Sales Tax Asset Receivable Corp., Hannah Abrams Dec 2014

Court Of Appeals Of New York, Local Government Assistance Corp. V. Sales Tax Asset Receivable Corp., Hannah Abrams

Touro Law Review

No abstract provided.


Supreme Court, New York County, Themed Restaurants, Inc. V. Zagat Survey Llc, Paula Gilbert Dec 2014

Supreme Court, New York County, Themed Restaurants, Inc. V. Zagat Survey Llc, Paula Gilbert

Touro Law Review

No abstract provided.


Supreme Court, Appellate Term, First Department, People V. Bull, Randi Schwartz Dec 2014

Supreme Court, Appellate Term, First Department, People V. Bull, Randi Schwartz

Touro Law Review

No abstract provided.


Appellate Division, First Department, Courtroom Television Network Llc V. New York, Paula Gilbert Dec 2014

Appellate Division, First Department, Courtroom Television Network Llc V. New York, Paula Gilbert

Touro Law Review

No abstract provided.


District Court, Suffolk County New York, People V. Nytac Corp., Maureen Fitzgerald Dec 2014

District Court, Suffolk County New York, People V. Nytac Corp., Maureen Fitzgerald

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Nunez, Yale Pollack Dec 2014

Supreme Court, Kings County, People V. Nunez, Yale Pollack

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman Dec 2014

Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Bonilla, Ellyn Wilder Dec 2014

Appellate Division, Fourth Department, People V. Bonilla, Ellyn Wilder

Touro Law Review

No abstract provided.


Court Of Appealsof New York, People V. Linares, Ellyn Wilder Dec 2014

Court Of Appealsof New York, People V. Linares, Ellyn Wilder

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo Dec 2014

Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Carranza, Yale Pollack Dec 2014

Court Of Appeals Of New York, People V. Carranza, Yale Pollack

Touro Law Review

No abstract provided.


Supreme Court, New York County, People V. Garcia, Yale Pollack Dec 2014

Supreme Court, New York County, People V. Garcia, Yale Pollack

Touro Law Review

No abstract provided.


Appellate Division, Third Department, People V. Roberts, Maureen Fitzgerald Dec 2014

Appellate Division, Third Department, People V. Roberts, Maureen Fitzgerald

Touro Law Review

No abstract provided.


Appellate Division, Third Department, Encarnacion V. Goord, Kristen Kelekian Dec 2014

Appellate Division, Third Department, Encarnacion V. Goord, Kristen Kelekian

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Lavalle, Randi Schwartz Dec 2014

Court Of Appeals Of New York, People V. Lavalle, Randi Schwartz

Touro Law Review

No abstract provided.