Law Commons^™

Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.

Supreme Court, Kings County, People V. Nunez, Yale Pollack

Touro Law Review

No abstract provided.

Supreme Court, New York County, People V. Garcia, Yale Pollack

Touro Law Review

No abstract provided.

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

Touro Law Review

No abstract provided.

Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum

Touro Law Review

No abstract provided.

Rico Section 1962(C) Enterprises And The Present Status Of The “Distinctness Requirement” In The Second, Third And Seventh Circuits, Lawrence A. Steckman

Touro Law Review

No abstract provided.

Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein

Touro Law Review

No abstract provided.

Discrimination Cases In The October 2004 Term, Eileen M. Kaufman

Touro Law Review

No abstract provided.

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Extradition Treaties - International Law - The United States Supreme Court Approves Extraterritorial Abduction Of Foreign Criminals - United States V. Alvarez-Machain, 112 S. Ct. 2188 (1992), Michael R. Wing

Georgia Journal of International & Comparative Law

No abstract provided.

Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin

Touro Law Review

No abstract provided.

Appellate Division, Third Department, People V. Rivette, Michele Kligman

Touro Law Review

No abstract provided.

District Court, Nassau County, People V. Yaghoubi, David Schoenhaar

Touro Law Review

No abstract provided.

The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey

Touro Law Review

No abstract provided.

The President’S Plan Respecting The Supreme Court, Ignatius M. Wilkinson

Fordham Law Review

To commemorate our founding in 1914, the Board of Editors has selected six influential pieces published by the Law Review over the past 100 years and will republish one piece in each issue.

The second piece selected by the Board is the testimony of Ignatius M. Wilkinson, the fourth and longest-serving dean of Fordham Law School (1923–1954), to the Judicial Committee of the U.S. Senate. Speaking to the Committee on the Judiciary, Wilkinson criticized the Franklin D. Roosevelt Judiciary Reorganization Bill of 1937 because it would “undermine the independence of the courts” and “shake[] the foundations of our constitutional structure.” …

Comcast Corp. V. Behrend: Common Questions Versus Individual Answers—Which Will Predominate?, Daniel Jacobs

Loyola of Los Angeles Law Review

No abstract provided.

Failing To Keep "Easy Cases Easy": Florida V. Jardines Refuses To Reconcile Inconsistencies In Fourth Amendment Privacy Law By Instead Focusing On Physical Trespass, George M. Dery Iii

Loyola of Los Angeles Law Review

This Article analyzes Florida v. Jardines, in which the Supreme Court ruled that a canine sniff of a home from the front porch was a Fourth Amendment search. In reaching this ruling, the Court employed the property-rights definition of a search newly recovered the prior term in United States v. Jones instead of applying the reasonable expectation of privacy test created in Katz v. United States. This work examines the concerns created by Jardines’s ruling. This Article asserts that Jardines refused to resolve a potentially troubling incongruity between Kyllo v. United States, precedent that exalted the privacy of the home, …

Foreword: The Confident Court, Jennifer Mason Mcaward

Loyola of Los Angeles Law Review

No abstract provided.

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …

Hiring Supreme Court Law Clerks: Probing The Ideological Linkage Between Judges And Justices, Lawrence Baum

Marquette Law Review

Since the 1970s, the overwhelming majority of Supreme Court law clerks have had prior experience clerking in lower courts, primarily the federal courts of appeals. Throughout that period, there has been a tendency for Justices to take clerks from lower court judges who share the Justices’ ideological tendencies, in what can be called an ideological linkage between judges and Justices in the selection of law clerks. However, that tendency became considerably stronger between the 1970s and 1990s, and it has remained very strong since the 1990s.

This Article probes the sources of that alteration in the Justices’ selection of law …

Diversity And Supreme Court Law Clerks, Tony Mauro

Marquette Law Review

none

International Norms In Constitutional Law, Michael Wells

Georgia Journal of International & Comparative Law

No abstract provided.

The Use Of International Sources In Constitutional Opinion, Daniel Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.

The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet

Pace Law Review

Compared to other Western democracies, references to “human rights” are rare in domestic American law. A survey of landmark Supreme Court cases reveals that both conservative and liberal Justices made no mention of “human rights” when addressing fundamental questions: racial segregation, the death penalty, prisoners’ rights, women’s rights, children’s rights, gay rights, and indefinite detention at Guantanamo. This absence illustrates a broader societal trait. In the United States, “human rights” commonly evoke foreign problems like abuses in Third World dictatorships—not domestic problems. By contrast, human rights play a relatively important role as a domestic principle in Europe, Canada, Australia, and …

Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis

Seattle University Law Review

The law regarding reverse payment settlements is anything but settled. Reverse payment settlements are settlements that occur during a patent infringement litigation in which a pharmaceutical patent holder pays a generic drug producer to not infringe on the pharmaceutical patent. Despite the recent decision by the United States Supreme Court in FTC v. Actavis, Inc., there are still unanswered questions about how the “full rule of reason” analysis will be applied to reverse payment. This Comment argues that despite the outcome in Actavis, the complex regulatory framework of the Hatch–Waxman Act will create repeated conflicts between antitrust law and patent …

Restoring The Balancing Test: A Better Approach To Fair Use In Copyright, Charlie Penrod

Chicago-Kent Journal of Intellectual Property

Fair use analyses are overly vague and abstract. While the Copyright Act established four factors for courts to consider when determining if an alleged infringer’s use of copyrighted work is “fair”, these factors are not susceptible to easy interpretation. More importantly, once these factors have been interpreted, a trier of fact is instructed to balance these factors against each other. No effective method currently exists in guiding courts as to how to balance inherently disparate factors against each other, either in terms of intensity of the factors or how one factor might balance against another totally different factor. This article …

Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

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 …

Federal Circuit Exclusive Appellate Patent Jurisdiction: A Response To Chief Judge Wood, Harold C. Wegner

Chicago-Kent Journal of Intellectual Property

No abstract provided.