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Articles 1 - 11 of 11
Full-Text Articles in Law
Pandemics Of Limitation Of Rights, Rinat Kitai-Sangero
Pandemics Of Limitation Of Rights, Rinat Kitai-Sangero
Touro Law Review
This Article discusses the limitation of rights due to pandemics. It analyzes from a constitutional standpoint the holding of the German Federal Constitutional Court (Das BUNDESVERFASSUNGSGERICHT) from April 2022 as a symptom of moral panic disguised through an analytical process. Though it focuses on this case, it sheds light on the moral panic that characterized many countries’ approaches during the COVID-19 pandemic. On April 27, 2022, the German Federal Constitutional Court held that a provision to provide proof of vaccination against COVID-19, recovery from COVID-19, or a medical exemption to COVID-19 vaccination as a condition of employment in the health …
The Roberts Court’S Anti-Democracy Jurisprudence And The Reemergence Of State Authoritarian Enclaves, Reginald Oh
The Roberts Court’S Anti-Democracy Jurisprudence And The Reemergence Of State Authoritarian Enclaves, Reginald Oh
Journal of Race, Gender, and Ethnicity
This Essay argues that the Roberts Court has been a pivotal institutional player in destabilizing constitutional democracy. It has enabled states to freely pursue agendas that are authoritarian in nature. And because authoritarianism is contrary to core principles of the Constitution, the Roberts Court’s constitutional jurisprudence has no basis in the Constitution and must ultimately be rejected.
Instead of taking steps to block authoritarian legislation and promote a fair and open political process, the Court has issued rulings catalyzing and reinforcing the authoritarian impulses of the former Jim Crow states. The Roberts Court has engaged in judicial review reinforcing authoritarianism, …
Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro
Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro
Touro Law Review
No abstract provided.
My Friend, Charles Reich, Hon. Guido Calabresi
Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein
Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris
Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris
Touro Law Review
No abstract provided.
Keynote Address: The Evolution And Importance Of Creating A Civil Right To Counsel, Wade Henderson
Keynote Address: The Evolution And Importance Of Creating A Civil Right To Counsel, Wade Henderson
Touro Law Review
No abstract provided.
Introduction, Andrew Scherer
The Tail Still Wags The Dog: The Pervasive And Inappropriate Influence By The Psychiatric Profession On The Civil Commitment Process, William Brooks
The Tail Still Wags The Dog: The Pervasive And Inappropriate Influence By The Psychiatric Profession On The Civil Commitment Process, William Brooks
Scholarly Works
The imposition of substantive and procedural protections in the civil commitment process thirty years ago created the expectation that courts would scrutinize commitment decisions by psychiatrists more closely and serve as a check on psychiatric decision-making. This has not happened.
Today, psychiatrists continue to play an overly influential role in the civil commitment process. Psychiatrists make initial commitment decisions that often lack accuracy because they rely on clinical judgment only. Furthermore, many psychiatrists do not want legal standards interfering with treatment decisions, and the nebulous nature of the concept of dangerousness enables doctors to make pretextual assessments of danger. At …
Dean’S Message, Lawrence Raful
The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw
The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw
Scholarly Works
No abstract provided.