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Full-Text Articles in Law

Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa Grumet Jan 2019

Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa Grumet

Articles & Chapters

In all fifty states, the State Attorney General (SAG) — as the state’s chief legal officer — is charged with defending state laws that are challenged in court. If an SAG declines to defend or challenges a state law on the ground that it is unconstitutional — an action scholars describe as “nondefense” — the SAG ordinarily will disclose this decision to the public.

This Essay discusses a hidden form of nondefense that can occur when SAGs file amicus curiae briefs on behalf of their states in matters before the U.S. Supreme Court. Surprisingly, some SAGs have joined multistate amicus …


Obergefell Liberates Bathrooms, Ayana Osada Jan 2018

Obergefell Liberates Bathrooms, Ayana Osada

NYLS Law Review

No abstract provided.


State V. Hill, Nazariy Gavrysh Jan 2018

State V. Hill, Nazariy Gavrysh

NYLS Law Review

No abstract provided.


The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe Jan 2018

The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe

Other Publications

No abstract provided.


Forum: What’S The Matter With The Supreme Court?, Michael Klarman, Nadine Strossen, Eli Noam, Sanford Levinson, Mark Tushnet Jan 2018

Forum: What’S The Matter With The Supreme Court?, Michael Klarman, Nadine Strossen, Eli Noam, Sanford Levinson, Mark Tushnet

Other Publications

No abstract provided.


What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr. Jan 2017

What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.


The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr. Jan 2017

The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.


Scotus Won’T Step Into Houston Benefits Case, For Now, Arthur S. Leonard Jan 2017

Scotus Won’T Step Into Houston Benefits Case, For Now, Arthur S. Leonard

Other Publications

No abstract provided.


Scotus Denies Review In Gay Rights Case, Arthur S. Leonard Jan 2017

Scotus Denies Review In Gay Rights Case, Arthur S. Leonard

Other Publications

No abstract provided.


Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen Jan 2016

Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen

Articles & Chapters

No abstract provided.


Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen Jan 2016

Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen

Articles & Chapters

No abstract provided.


The High Power Of The Lower Courts, Doni Gewirtzman Jan 2016

The High Power Of The Lower Courts, Doni Gewirtzman

Other Publications

No abstract provided.


The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer Nov 2015

The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer

Books

The Law Book explores 250 of the most significant legal issues, cases, trials, and events that have profoundly changed our world. Although the heaviest emphasis is on American law it also touches on more than a dozen countries and the European Union, laws relating to Antarctica and Outer Space, and principles of international law. Among the topics it explores are the earliest legal codes, the role of juries, slavery and emancipation, civil rights, Native Americans, copyright, the press and free speech, immigration, censorship and obscenity, the environment, war and international relations, war crimes and trials, the insanity defense, taxation, prohibition, …


Reflections On The Fiftieth Anniversary Of The March And The Speech: History, Memory, Values, Edward A. Purcell, Jr. Jan 2015

Reflections On The Fiftieth Anniversary Of The March And The Speech: History, Memory, Values, Edward A. Purcell, Jr.

Articles & Chapters

This article considers the significance of the Civil Rights Movement of the 1950s and 1960s, focusing on one of its signature events, the March on Washington in 1963 and the “I Have a Dream” speech that Martin Luther King gave on the occasion. Blending historical analysis with personal memory, it considers the long struggle for civil rights, the impact of both the March and the Speech, and the meaning they held for those who shared their ideals and sought to fulfill their goals. The article then traces the decline of the Civil Rights Movement in the altered political and social …


Marriage Equality Setback In Puerto Rico, Arthur S. Leonard Jan 2014

Marriage Equality Setback In Puerto Rico, Arthur S. Leonard

Other Publications

No abstract provided.


Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon Jan 2013

Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon

Articles & Chapters

No abstract provided.


The First Amendment And The Second Commandment, Amy Adler Jan 2013

The First Amendment And The Second Commandment, Amy Adler

NYLS Law Review

No abstract provided.


Supreme Court Strikes Down Doma’S Key Provision, Ducks On Prop 8, Arthur S. Leonard Jan 2013

Supreme Court Strikes Down Doma’S Key Provision, Ducks On Prop 8, Arthur S. Leonard

Other Publications

No abstract provided.


Will Supreme Court Rule On Doma?, Arthur S. Leonard Jan 2013

Will Supreme Court Rule On Doma?, Arthur S. Leonard

Other Publications

No abstract provided.


President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein Jan 2013

President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein

NYLS Law Review

No abstract provided.


Ensuring Miranda’S Right To Counsel Abroad, David Henek '12 Jan 2013

Ensuring Miranda’S Right To Counsel Abroad, David Henek '12

NYLS Law Review

No abstract provided.


“Dealing With The Appellate Caseload Crisis”: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner Jan 2013

“Dealing With The Appellate Caseload Crisis”: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner

NYLS Law Review

No abstract provided.


Using The Papers Of U.S. Supreme Court Justices: A Reflection, Stephen Wermiel Jan 2013

Using The Papers Of U.S. Supreme Court Justices: A Reflection, Stephen Wermiel

NYLS Law Review

No abstract provided.


Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar Jan 2013

Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar

NYLS Law Review

No abstract provided.


The Continued Viability Of New York’S Juvenile Offender Act In Light Of Recent National Developments, Katherine Lazarow '12 Jan 2013

The Continued Viability Of New York’S Juvenile Offender Act In Light Of Recent National Developments, Katherine Lazarow '12

NYLS Law Review

No abstract provided.


Two Great Leaders, L.A. Powe Jr. Jan 2013

Two Great Leaders, L.A. Powe Jr.

NYLS Law Review

No abstract provided.


Prop 8, Doma Defenders Rely On Federalism, Arthur S. Leonard Jan 2013

Prop 8, Doma Defenders Rely On Federalism, Arthur S. Leonard

Other Publications

No abstract provided.


Supreme Court Nixes Requirement For Anti-Prostitution Pledge, Arthur S. Leonard Jan 2013

Supreme Court Nixes Requirement For Anti-Prostitution Pledge, Arthur S. Leonard

Other Publications

No abstract provided.


The Cause Lawyer’S Cause, Frank W. Munger Jan 2012

The Cause Lawyer’S Cause, Frank W. Munger

Articles & Chapters

The promise of human rights in South Africa may depend significantly on the course chosen by a professional and relatively independent South African judiciary. But what about the promise of human rights in other developing states which lack a judiciary with similar potential? Cause lawyers, increasingly visible in many of these new states, are presumed carriers of liberal legalism and democracy and celebrated for their courageous defence of human rights even in the absence of an independent court system. This comment argues that celebration of cause lawyers may reflect presumptions about their causes that are questionable even in the Global …


Gaylord V. United States, Jeffrey Lawhorn Jan 2012

Gaylord V. United States, Jeffrey Lawhorn

NYLS Law Review

No abstract provided.