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Articles 1 - 30 of 91
Full-Text Articles in Law
Community Caretaking Exception Saves Lives . . . The Supreme Court Disagrees, Gabriella Lorenzo
Community Caretaking Exception Saves Lives . . . The Supreme Court Disagrees, Gabriella Lorenzo
Touro Law Review
As many are aware, the Fourth Amendment protects the people against unreasonable searches and seizures. A warrant is necessary for said activities. While there are a few exceptions to the warrant requirement, the Supreme Court recently held that the community caretaking exception does not extend to the home. Extending this exception to the home would allow police officers to enter and engage in functions that are unrelated to the investigation of a crime. Essentially, this exception would allow police to aid individuals and prevent serious, dangerous situations to protect the community. This Note discusses why the Supreme Court erred in …
Is There A Fundamental Right To Privacy When An Educational Institution Requires A Student To Disclose Proof Of His Or Her Vaccination Status?, Mary D. Fatscher
Is There A Fundamental Right To Privacy When An Educational Institution Requires A Student To Disclose Proof Of His Or Her Vaccination Status?, Mary D. Fatscher
Touro Law Review
In 2020, the coronavirus disease (“COVID-19”) dominated the world. Although the public has progressively become more informed about the disease and how to safeguard itself, challenges persist as there is still much unknown. Aside from wearing masks, social distancing, and despite its undetermined consequences, the COVID-19 vaccination has emerged as a primary solution to substantially reducing the incidence and severity of the virus in our country. Many COVID-19 vaccine mandates were initiated once three pharmaceutical and biotechnology companies including Pfizer-BioNTech, Moderna, and Johnson & Johnson received Emergency Use Authorization from the Food and Drug Administration (“FDA”).
Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin
Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin
Scholarly Works
As the age of technology has taken this country by surprise and left us with an inability to formally prepare our legal system to incorporate these advances, many courts are forced to adapt by applying pre-technology rules to new technological scenarios. One illustration is the plain view exception to the Fourth Amendment. Recently, the issue of officer inadvertence at the time of the search, a rule that the United States Supreme Court has specifically stated is not required in plain view inquiries, has been revisited in cyber law cases. It could be said that the courts interested in the existence …
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Scholarly Works
Rabbi Norman Lamm’s 1956 article, “The Fifth Amendment and Its Equivalent in the Halakha,” provides important lessons for scholarship in both Jewish and American law. Sixty-five years after it was published, the article remains, in many ways, a model for interdisciplinary and comparative study of Jewish law, drawing upon sources in the Jewish legal tradition, American legal history, and modern psychology. In so doing, the article proves faithful to each discipline on its own terms, producing insights that illuminate all three disciplines while respecting the internal logic within each one. In addition to many other distinctions, since its initial publication, …
Charles Reich And The Legal History Of Privacy, Sarah A. Seo
Charles Reich And The Legal History Of Privacy, Sarah A. Seo
Touro Law Review
No abstract provided.
A New Era: Digital Curtilage And Alexa-Enabled Smart Home Devices, Johanna Sanchez
A New Era: Digital Curtilage And Alexa-Enabled Smart Home Devices, Johanna Sanchez
Touro Law Review
No abstract provided.
Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone, Shira Bloom
Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone, Shira Bloom
Touro Law Review
No abstract provided.
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen
Touro Law Review
No abstract provided.
Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano
Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg
Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg
Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg
Touro Law Review
No abstract provided.
Court Of Appeals, People V. Robinson, Jonathan Janofsky
Court Of Appeals, People V. Robinson, Jonathan Janofsky
Touro Law Review
No abstract provided.
Fundamentals Of Section 1983 Litigation, Martin A. Schwartz
Fundamentals Of Section 1983 Litigation, Martin A. Schwartz
Touro Law Review
No abstract provided.
United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy
United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy
Touro Law Review
No abstract provided.
Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term, William E. Hellerstein
Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego
The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego
Touro Law Review
No abstract provided.
Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim
Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim
Touro Law Review
No abstract provided.
Fourth Amendment Right To Privacy: When Is It Reasonable To Search A Minor?, Ashley Moruzzi
Fourth Amendment Right To Privacy: When Is It Reasonable To Search A Minor?, Ashley Moruzzi
Touro Law Review
No abstract provided.
Fourth Amendment Inquiries: When Officers Are Not Justified To Approach A Vehicle, Jeremy M. Miller
Fourth Amendment Inquiries: When Officers Are Not Justified To Approach A Vehicle, Jeremy M. Miller
Touro Law Review
No abstract provided.
A “Workplace Exception”: Exploring The Legal Loophole That Allows For Warrantless Gps Tracking Of Government Employees’ Personal Vehicles, Antonia J. Broughton
A “Workplace Exception”: Exploring The Legal Loophole That Allows For Warrantless Gps Tracking Of Government Employees’ Personal Vehicles, Antonia J. Broughton
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro
Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro
Touro Law Review
No abstract provided.
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Touro Law Review
No abstract provided.
The Line Holds, But Death May Matter: The Supreme Court's Criminal Procedure Decisions Of The 2001 Term, William Hellerstein
The Line Holds, But Death May Matter: The Supreme Court's Criminal Procedure Decisions Of The 2001 Term, William Hellerstein
Touro Law Review
No abstract provided.
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
County Court, Nassau County, People V. Lacey, Nicholas Melillo
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
Supreme Court, Monroe County, People Ex Rel. Gordon V. O'Flynn, Hannah Abrams
Touro Law Review
No abstract provided.
False Arrest, Malicious Prosecution, And Abuse Of Process In § 1983 Litigation, John Williams
False Arrest, Malicious Prosecution, And Abuse Of Process In § 1983 Litigation, John Williams
Touro Law Review
No abstract provided.
A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein
A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Barnville, David Schoenhaar
Supreme Court, Bronx County, People V. Barnville, David Schoenhaar
Touro Law Review
No abstract provided.
Justification For Police Intrusions, Corey Rashkover
Justification For Police Intrusions, Corey Rashkover
Touro Law Review
No abstract provided.