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Articles 1 - 13 of 13

Full-Text Articles in Law

First Amendment Decisions - 2002 Term, Joel Gora Dec 2014

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.


2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora Dec 2014

2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora

Touro Law Review

No abstract provided.


Finding The Lost Involuntary Public Figure, Jeffrey Omar Usman Aug 2014

Finding The Lost Involuntary Public Figure, Jeffrey Omar Usman

Utah Law Review

This Article follows Aristotle’s guidance that “[i]f you would understand anything, observe its beginning and its development.” That is precisely how the discussion in this Article begins in Part I, through observation of the beginning and development of the Supreme Court’s jurisprudence on the constitutional limitations imposed upon defamation actions under the First Amendment to the United States Constitution. Part II of the Article then briefly sets forth the constitutional framework that the Supreme Court imposed in 1974 on defamation actions in Gertz v. Robert Welch, Inc. The Article then addresses in Part III how the pressures of the First …


Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz Jun 2014

Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz

Martin A. Schwartz

No abstract provided.


Is Prayer Constitutional At Municipal Council Meetings?, Thomas A. Schweitzer Jun 2014

Is Prayer Constitutional At Municipal Council Meetings?, Thomas A. Schweitzer

Thomas A. Schweitzer

The author discusses Galloway v. Town of Greece, a case which challenges official prayers at town council meetings. To provide the necessary background information for understanding the issues in Galloway, the author begins with a brief discussion of two other cases, Lemon v. Kurtzman and Marsh v. Chambers. The author then examines the district and circuit court decisions in Galloway and the Establishment Clause issues posed by the case. Next, the author notes issues raised by other lower court decisions involving legislative prayer after Marsh. Towards the end of the article, to clarify and decide the constitutional issues, the author …


Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne Jun 2014

Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne

Touro Law Review

No abstract provided.


First Amendment Decisions In The October 2005 Term, Joel Gora Jun 2014

First Amendment Decisions In The October 2005 Term, Joel Gora

Touro Law Review

No abstract provided.


City Court, City Of Rochester, People V. Griswold, James Dougherty May 2014

City Court, City Of Rochester, People V. Griswold, James Dougherty

Touro Law Review

No abstract provided.


Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer May 2014

Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman May 2014

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Supreme Court Of New York Appellate Division, Third Department - Kings Mall, Llc V. Wenk, Steven Fox May 2014

Supreme Court Of New York Appellate Division, Third Department - Kings Mall, Llc V. Wenk, Steven Fox

Touro Law Review

No abstract provided.


The Importance Of Interpretation: How The Language Of The Constitution Allows For Differing Opinions, Christina J. Banfield May 2014

The Importance Of Interpretation: How The Language Of The Constitution Allows For Differing Opinions, Christina J. Banfield

Chancellor’s Honors Program Projects

No abstract provided.


The Dangers Of Press Clause Dicta, Ronnell Andersen Jones Apr 2014

The Dangers Of Press Clause Dicta, Ronnell Andersen Jones

Faculty Scholarship

The United States Supreme Court has engaged in an unusual pattern of excessive dicta in cases involving the press. Indeed, a close examination of such cases reveals that it is one of the most consistent, defining characteristics of the U.S. Supreme Court’s media law jurisprudence in the last half century. The Court’s opinions in cases involving the media, while almost uniformly reaching conclusions based on other grounds, regularly include language about the constitutional or democratic character, duty, value, or role of the press — language that could be, but ultimately is not, significant to the constitutional conclusion reached. Although scholars …