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Articles 1 - 24 of 24

Full-Text Articles in Law

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz Jan 1998

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


In Search Of Clemency Procedures We Can Live With: What Process Is Due In Capital Clemency Proceedings After Ohio Adult Parole Authority V. Woodard?, Brian S. Clarke Jan 1998

In Search Of Clemency Procedures We Can Live With: What Process Is Due In Capital Clemency Proceedings After Ohio Adult Parole Authority V. Woodard?, Brian S. Clarke

Brian S. Clarke

The United States Supreme Court has denied certiorari for the final time. All state and federal appeals have been exhausted. The execution date has been set. There is only one thing that can save the death row inmate from the ultimate punishment: the proverbial call from the governor and a grant of executive clemency.

This scene, although a veritable Hollywood cliche, is being played out in prisons across America with increasing frequency. As of July 1, 1998, there were 3,474 men and women on death row in America. In 1996, with the passage of the Anti-Terrorism and Effective Death Penalty …


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.


Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks Jan 1998

Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks

Scholarly Works

No abstract provided.


Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling Jan 1998

Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling

Touro Law Review

No abstract provided.


Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding Jan 1998

Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding

Florida State University Law Review

No abstract provided.


Bmw Of North America, Inc. V. Gore: Elevating Reasonableness In Punitive Damages To A Doctrine Of Substantive Due Process, Son B. Nguyen Jan 1998

Bmw Of North America, Inc. V. Gore: Elevating Reasonableness In Punitive Damages To A Doctrine Of Substantive Due Process, Son B. Nguyen

Maryland Law Review

No abstract provided.


Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn Jan 1998

Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn

Scholarly Works

No abstract provided.


Due Process, Court Of Appeals: Chaya S. V. Frederick L. Jan 1998

Due Process, Court Of Appeals: Chaya S. V. Frederick L.

Touro Law Review

No abstract provided.


Due Process, Court Of Appeals: Daxor Corporation V. New York State Department Of Health Jan 1998

Due Process, Court Of Appeals: Daxor Corporation V. New York State Department Of Health

Touro Law Review

No abstract provided.


Due Process, Supreme Court, Appellate Division Third Department: Loyal Tire And Auto Center V. New York State Thruway Jan 1998

Due Process, Supreme Court, Appellate Division Third Department: Loyal Tire And Auto Center V. New York State Thruway

Touro Law Review

No abstract provided.


Due Process, Supreme Court New York County: People V. Julio Batiz Jan 1998

Due Process, Supreme Court New York County: People V. Julio Batiz

Touro Law Review

No abstract provided.


Due Process, Supreme Court New York County: Ramanadhan V. Wing Jan 1998

Due Process, Supreme Court New York County: Ramanadhan V. Wing

Touro Law Review

No abstract provided.


The Irony Of Harmless Error, Charles S. Chapel Jan 1998

The Irony Of Harmless Error, Charles S. Chapel

Oklahoma Law Review

No abstract provided.


Criminal Law: Kansas V. Hendricks--Warehousing Sex Offenders, Kayci Bair Hughes Jan 1998

Criminal Law: Kansas V. Hendricks--Warehousing Sex Offenders, Kayci Bair Hughes

Oklahoma Law Review

No abstract provided.


Criminal Law: Oklahoma's New Standard Of Proof In Competency Proceedings: Due Process, State Interests, And A Murderer Named Cooper--Cooper V. Oklahoma, Seth Branham Jan 1998

Criminal Law: Oklahoma's New Standard Of Proof In Competency Proceedings: Due Process, State Interests, And A Murderer Named Cooper--Cooper V. Oklahoma, Seth Branham

Oklahoma Law Review

No abstract provided.


Due Process, Court Of Appeals: People V. Thompson Jan 1998

Due Process, Court Of Appeals: People V. Thompson

Touro Law Review

No abstract provided.


Why The New York State System For Obtaining A License To Carry A Concealed Weapon Is Unconstitutional, Suzanne Novak Jan 1998

Why The New York State System For Obtaining A License To Carry A Concealed Weapon Is Unconstitutional, Suzanne Novak

Fordham Urban Law Journal

The New York State administrative system for obtaining a license to carry a concealed weapon violates the state constitution and the tenets of administrative law vital to a democratic society. This article discusses the failures of the New York State administrative procedures for issuing carry licenses. In addition, this article asserts that by avoiding policy determinations, the legislature has created a system that disadvantages both individual applicants and the public at large. This article concludes that both the New York Legislature and courts must act to rectify the state's unconstitutional and undemocratic scheme for issuing carry licenses.


Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar Jan 1998

Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar

Articles

Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?


Jam For Justice Holmes: Reassessing The Significance Of Mahon, William Michael Treanor Jan 1998

Jam For Justice Holmes: Reassessing The Significance Of Mahon, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

When courts and commentators discuss Pennsylvania Coal Co. v. Mahon, they use the same word with remarkable regularity: famous. Mahon has achieved this fame in part because it was the occasion for conflict between judicial giants, and because the result seems ironic. Justice Oliver Wendell Holmes, Jr.--the great Lochner dissenter and a jurist generally considered a champion of judicial deference to legislatures in the sphere of economic decision-making--wrote the opinion striking down a Pennsylvania statute barring coal mining that could cause the surface to cave-in. Sharply dissenting from Holmes's opinion was his consistent ally on the Court, Justice Louis …


On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar Jan 1998

On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar

Articles

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v. Glucksberg' and Vacco v. Quill.2 I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.


Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine Jan 1998

Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine

Articles

One of the hottest current issues in employment law is the use of mandatory arbitration to resolve workplace disputes. Typically, an employer will make it a condition of employment that employees must agree to arbitrate any claims arising out of the job, including claims based on statutory rights against discrimination, instead of going to court. On the face of it, this is a brazen affront to public policy. Citizens are being deprived of the forum provided them by law. And indeed numerous scholars and public and private bodies have condemned the use of mandatory arbitration. Yet the insight of that …


Understanding Mahon In Historical Context, William Michael Treanor Jan 1998

Understanding Mahon In Historical Context, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Despite its enormous influence on constitutional law, Pennsylvania Coal Co. v. Mahon is just such an opinion; the primary purpose of the author’s article Jam for Justice Holmes: Reassessing the Significance of Mahon is to clarify Holmes's intent by placing the opinion in historical context and in the context of Holmes's other opinions. While other scholars have also sought to place Mahon in context, his account differs in large part because of its recognition, as part of the background of Mahon, of a separate line of cases involving businesses affected with a public interest.

The author argues that at …


Developments In State Constitutional Law: Due Process, Jill E. Family Dec 1997

Developments In State Constitutional Law: Due Process, Jill E. Family

Jill E. Family

No abstract provided.