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Full-Text Articles in Law

Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence, Susannah W. Pollvogt Jan 2014

Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence, Susannah W. Pollvogt

Hofstra Law Review

The article discusses equal protection jurisprudence in America in relation to the U.S. Supreme Court's (USSC's) ruling in the 2013 marriage equality case United States v. Windsor. The views of USSC Justice Anthony Kennedy are mentioned, along with an unconstitutional animus legal doctrine and a heightened rational basis standard of review. The U.S. Constitution's Equal Protection Clause is addressed in relation to the nation's discrimination laws.


Judicial Review Of Public Utility Commissions, Jonathan Armiger Jul 2011

Judicial Review Of Public Utility Commissions, Jonathan Armiger

Indiana Law Journal

No abstract provided.


"Arguable Probable Cause": An Unwarranted Approach To Qualified Immunity, Tal J. Lifshitz Jul 2011

"Arguable Probable Cause": An Unwarranted Approach To Qualified Immunity, Tal J. Lifshitz

University of Miami Law Review

No abstract provided.


Over And Out: Examining How Cognitive Radio Will Affect First Amendment Restrictions On Broadcast Media, Theresa Skonicki Jan 2009

Over And Out: Examining How Cognitive Radio Will Affect First Amendment Restrictions On Broadcast Media, Theresa Skonicki

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Runaway Grand Jury: Activists Attempt To Redefine Obscenity Law In Kansas, Jill Barton Jan 2008

Runaway Grand Jury: Activists Attempt To Redefine Obscenity Law In Kansas, Jill Barton

Articles

No abstract provided.


Avoiding The Woodshed: The Third Circuit Examines Prosecutorial Misconduct In Closing Argument In United States V. Wood, Michael Lyon Jan 2008

Avoiding The Woodshed: The Third Circuit Examines Prosecutorial Misconduct In Closing Argument In United States V. Wood, Michael Lyon

Villanova Law Review

No abstract provided.


Government As Liberty's Servant: The "Reasonable Time, Place, And Manner" Standard Of Review For All Government Restrictions On Liberty Interests, Michael Anthony Lawrence Nov 2007

Government As Liberty's Servant: The "Reasonable Time, Place, And Manner" Standard Of Review For All Government Restrictions On Liberty Interests, Michael Anthony Lawrence

Louisiana Law Review

No abstract provided.


Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert Jul 2007

Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert

Indiana Law Journal

No abstract provided.


Eagle Environmental Ii, L.P. V. Commonwealth: The Harms/Benefits Test And Appealing The Environmental Hearing Board - Who Decides The Standard Of Review, Meghan Flavin Jan 2007

Eagle Environmental Ii, L.P. V. Commonwealth: The Harms/Benefits Test And Appealing The Environmental Hearing Board - Who Decides The Standard Of Review, Meghan Flavin

Villanova Environmental Law Journal

No abstract provided.


Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich Jul 2006

Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich

Indiana Law Journal

No abstract provided.


Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell Jan 2006

Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell

Hofstra Labor & Employment Law Journal

No abstract provided.


The Draining Of Daubert And The Recidivism Of Junk Science In Federal And State Courts, Victor E. Schwartz, Cary Silverman Jan 2006

The Draining Of Daubert And The Recidivism Of Junk Science In Federal And State Courts, Victor E. Schwartz, Cary Silverman

Hofstra Law Review

No abstract provided.


"We'll Know It When We Can't Hear It": A Call For A Non-Pornography Test Approach To Recognizing Non-Public Information, J. Scott Colesanti Jan 2006

"We'll Know It When We Can't Hear It": A Call For A Non-Pornography Test Approach To Recognizing Non-Public Information, J. Scott Colesanti

Hofstra Law Review

Supreme Court Justice Potter Stewart once authored a concurring opinion in which he explained that, while he would not attempt to delineate pornographic materials, he knew pornography when he saw it.

Likewise, in the field of insider trading, the courts and others have embraced such pragmatism, namely, effectively transforming the test for identifying insider trading (trading while aware of "material" and "nonpublic" information) to a weighing of such considerations as whether the defendant had access to insiders, betrayed a confidence, and/or captured a profit. Such a pornography test approach - while satisfying on some level of expedience - fails to …


Has The United States Anti-Doping Agency Gone Too Far - Analyzing The Shift From Beyond A Reasonable Doubt To Comfortable Satisfaction, Laura S. Stewart Jan 2006

Has The United States Anti-Doping Agency Gone Too Far - Analyzing The Shift From Beyond A Reasonable Doubt To Comfortable Satisfaction, Laura S. Stewart

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


First Amendment Rights Behind Bars: To Deny A Prisoner Pornography, The Third Circuit In Ramirez V. Pugh Requires Proof Of Detriment To Rehabilitation, Victoria Ford Jan 2006

First Amendment Rights Behind Bars: To Deny A Prisoner Pornography, The Third Circuit In Ramirez V. Pugh Requires Proof Of Detriment To Rehabilitation, Victoria Ford

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Taking Free Exercise Rights Seriously, Alan Brownstein Jan 2006

Taking Free Exercise Rights Seriously, Alan Brownstein

Case Western Reserve Law Review

No abstract provided.


"Get Out Now Or Risk Being Taken Out By Force": Judicial Review Of State Government Emergency Power Following A Natural Disaster, Michael Cook Jan 2006

"Get Out Now Or Risk Being Taken Out By Force": Judicial Review Of State Government Emergency Power Following A Natural Disaster, Michael Cook

Case Western Reserve Law Review

No abstract provided.


Context Is King: A Perception-Based Test For Evaluating Government Displays Of The Ten Commandments, Nathan P. Heller Jan 2006

Context Is King: A Perception-Based Test For Evaluating Government Displays Of The Ten Commandments, Nathan P. Heller

Villanova Law Review

No abstract provided.


Reaching For Immunity: The Third Circuit's Approach To The Extension Of Eleventh Amendment Immunity To Instrumentalities As Arms Of The State In Benn V. First Judicial District Of Pennsylvania, Analisa Dillingham Jan 2006

Reaching For Immunity: The Third Circuit's Approach To The Extension Of Eleventh Amendment Immunity To Instrumentalities As Arms Of The State In Benn V. First Judicial District Of Pennsylvania, Analisa Dillingham

Villanova Law Review

No abstract provided.


Deliberate Indifference Or Not: That Is The Question In The Third Circuit Jail Suicide Case Of Woloszyn V. Lawrence County, Shevon I. Scarafile Jan 2006

Deliberate Indifference Or Not: That Is The Question In The Third Circuit Jail Suicide Case Of Woloszyn V. Lawrence County, Shevon I. Scarafile

Villanova Law Review

No abstract provided.


Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt Oct 2005

Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt

Indiana Law Journal

No abstract provided.


Employers Who Cry 'Rif' And The Courts That Believe Them, Daniel B. Kohrman, Mark Stewart Hayes Jan 2005

Employers Who Cry 'Rif' And The Courts That Believe Them, Daniel B. Kohrman, Mark Stewart Hayes

Hofstra Labor & Employment Law Journal

No abstract provided.


Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina Jan 2005

Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina

Hofstra Labor & Employment Law Journal

No abstract provided.


The Value Of Procedure, Stephen R. Creason Jan 2005

The Value Of Procedure, Stephen R. Creason

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr. Jan 2005

Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr.

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin Jan 2005

Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann Jan 2005

Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


The History Of Capital Appeals In Massachusetts, William J. Meade Jan 2005

The History Of Capital Appeals In Massachusetts, William J. Meade

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Death And Taxes: The Family Limited Partnership And Its Use In Estate Planning After The Third Circuit's Ruling In Estate Of Thompson V. Commissioner, Lauren E. Bishow Jan 2005

Death And Taxes: The Family Limited Partnership And Its Use In Estate Planning After The Third Circuit's Ruling In Estate Of Thompson V. Commissioner, Lauren E. Bishow

Villanova Law Review

No abstract provided.


Fostering Capacity, Equality, And Responsibility (And Single-Sex Education): In Honor Of Linda Mcclain, Martha Minow Jan 2005

Fostering Capacity, Equality, And Responsibility (And Single-Sex Education): In Honor Of Linda Mcclain, Martha Minow

Hofstra Law Review

No abstract provided.