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Articles 1051 - 1080 of 3331
Full-Text Articles in Law
Fundamentals Of Section 1983 Litigation, Martin A. Schwartz
Fundamentals Of Section 1983 Litigation, Martin A. Schwartz
Touro Law Review
No abstract provided.
Supreme Court, Nassau County New York, Coleman V. O'Shea, Melissa Murphy
Supreme Court, Nassau County New York, Coleman V. O'Shea, Melissa Murphy
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department, Masi Management Inc., V. Town Of Ogden, Courtney Aronowsky
Appellate Division, Fourth Department, Masi Management Inc., V. Town Of Ogden, Courtney Aronowsky
Touro Law Review
No abstract provided.
Appellate Division, First Department, Bertoldi V. New York, Sharon Ryan
Appellate Division, First Department, Bertoldi V. New York, Sharon Ryan
Touro Law Review
No abstract provided.
Supreme Court, Monroe County, People V. Owens, Wendy Holland
Supreme Court, Monroe County, People V. Owens, Wendy Holland
Touro Law Review
No abstract provided.
The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights, Thomas A. Schweitzer
The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Palazzolo V. Rhode Island: The Supreme Court’S Expansion Of Subsequent Owner's Rights Under The Takings Clause, Leon D. Lazer
Palazzolo V. Rhode Island: The Supreme Court’S Expansion Of Subsequent Owner's Rights Under The Takings Clause, Leon D. Lazer
Touro Law Review
No abstract provided.
The Latest Word From The Supreme Court On Punitive Damages, Leon D. Lazer
The Latest Word From The Supreme Court On Punitive Damages, Leon D. Lazer
Touro Law Review
No abstract provided.
People V. Johnson, Donna A. Napolitano
Matter Of Anthony "S", Deborah A. Monastero
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.
People V. Buie, Deborah A. Monastero
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
Touro Law Review
No abstract provided.
Matter Of Baim V. Eidens, Evan M. Zuckerman
People V. Boone, Diane Somberg
Reality's Bite, Kerri Lynn Stone
Reality's Bite, Kerri Lynn Stone
Journal of Civil Rights and Economic Development
No abstract provided.
The Rise And Fall Of Plausibility Pleading?, Adam N. Steinman
The Rise And Fall Of Plausibility Pleading?, Adam N. Steinman
Faculty Scholarship
The Supreme Court's 2007 decision in Bell Atlantic Corp. v. Twombly and its 2009 decision in Ashcroft v. Iqbal unleashed a torrent of scholarly reaction. Commentators charged these decisions with adopting a new pleading regime, "plausibility pleading," that upended the notice-pleading approach that had long prevailed in federal court. Whether a complaint could survive a motion to dismiss — it was argued — now depends on whether the court found the complaint plausible, allowing courts to second-guess a complaint's allegations without any opportunity for discovery or consideration of actual evidence. Lower courts began to cite Twombly and Iqbal at a …
Legal Scholarship Spotlight: The Evolution Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins
Legal Scholarship Spotlight: The Evolution Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins
Popular Media
This article appearing at the SCOTUSblog on March 25, 2016, discusses the role of the Senate Judiciary Committee plays in the nomination of Supreme Court Justices.
Newsroom: Yelnosky On Passing Of Justice Scalia 02-24-2016, Roger Williams University School Of Law
Newsroom: Yelnosky On Passing Of Justice Scalia 02-24-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
On The Record: The Disastrous Decisions Of The Republican Nominees To The U.S. Supreme Court, Jana Nestlerode
On The Record: The Disastrous Decisions Of The Republican Nominees To The U.S. Supreme Court, Jana Nestlerode
Criminal Justice Faculty Publications
No abstract provided.
February 16, 2016:Does The Constitution Protect The Right To Have More Than One Child?, Bruce Ledewitz
February 16, 2016:Does The Constitution Protect The Right To Have More Than One Child?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Does the Constitution Protect the Right to Have More than One Child?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Newsroom: A True Original(Ist) 02-15-2016, Michael M. Bowden
Newsroom: A True Original(Ist) 02-15-2016, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
February 14, 2016: Was Scalia A Great Justice?, Bruce Ledewitz
February 14, 2016: Was Scalia A Great Justice?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Was Scalia a Great Justice?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan
Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan
Fordham Urban Law Journal
No abstract provided.
Trending @ Rwu Law: Professor Tanya Monestier's Post: Is Corporate Registration A Proper Basis For General Jurisdiction?: 02-09-2016, Tanya Monestier
Trending @ Rwu Law: Professor Tanya Monestier's Post: Is Corporate Registration A Proper Basis For General Jurisdiction?: 02-09-2016, Tanya Monestier
Law School Blogs
No abstract provided.
The (Perhaps) Unintended Consequences Of King V. Burwell, Kristin E. Hickman
The (Perhaps) Unintended Consequences Of King V. Burwell, Kristin E. Hickman
Pepperdine Law Review
The Supreme Court’s decision in King v. Burwell surprised many people, not because of its outcome but because, even as the Court ultimately agreed with the IRS’s interpretation of the statute, the Court expressly denied the IRS Chevron deference. As regards that result, this Essay makes three points. First, the Chevron discussion in King was not incidental, but the IRS and taxes were not foremost on the Court’s mind. Rather, King reflects a careful effort by Chief Justice Roberts to accomplish, through alternative framing, a broader curtailment of Chevron’s scope that he advocated unsuccessfully two terms earlier in City of …
Is The Chief Justice A Tax Lawyer?, Stephanie Hoffer, Christopher J. Walker
Is The Chief Justice A Tax Lawyer?, Stephanie Hoffer, Christopher J. Walker
Pepperdine Law Review
In our contribution to this symposium on King v. Burwell, we explore two aspects of the Chief Justice’s opinion where it is hard to ignore the fingerprints of a tax lawyer. First, in the Chief’s approach to statutory interpretation one sees a tax lawyer as interpreter with an approach that tracks tax law’s substance-over-form doctrine. Second, as to King’s sweeping administrative law holding, the Chief crafts a new major questions doctrine that could significantly cut back on federal agency lawmaking authority. Yet he seems to develop this doctrine against the backdrop of tax exceptionalism, and thus this development may have …
The Rise And Fall Of Chevron In Tax: From The Early Days To King And Beyond, Steve R. Johnson
The Rise And Fall Of Chevron In Tax: From The Early Days To King And Beyond, Steve R. Johnson
Pepperdine Law Review
Chevron is receding in tax, not because of any resurgence of tax exceptionalism but because it is receding everywhere. The case will continue to be cited by courts and masticated by commentators, but the unresolved – indeed worsening — conceptual, definitional, and practical incongruities of its doctrine rob it of operational force. King, which the Supreme Court conspicuously chose to resolve without “help” from Chevron, is another mile-marker on Chevron’s downward road. This article maps that road.
King V. Burwell And Tax Court Review Of Regulations, Ellen P. Aprill
King V. Burwell And Tax Court Review Of Regulations, Ellen P. Aprill
Pepperdine Law Review
In King v. Burwell, the Supreme Court did not rely on Chevron to hold valid tax regulations allowing tax credits for taxpayers who enroll in an insurance plan through a federal rather than a state exchange. It instead concluded, relying in good measure on Brown and Williamson, that Congress had not delegated the question at issue to the IRS. It thus introduced a so-called Chevron Step 0. This essay reviews the Tax Court’s use of Chevron and Brown & Williamson to conclude that the Tax Court may well make use of King v. Burwell to review and reject tax regulations …
Foreword—King V. Burwell Symposium: Comments On The Commentaries (And On Some Elephants In The Room), David Gamage
Foreword—King V. Burwell Symposium: Comments On The Commentaries (And On Some Elephants In The Room), David Gamage
Pepperdine Law Review
As an introduction to the Symposium, this invited response essay reviews the pieces submitted for the Pepperdine Law Review symposium on the King v. Burwell case. The thrust of this essay’s response commentary is to praise the submitted essays for their excellence and insightfulness, but to suggest that the submitted essays nonetheless might benefit from focusing more on the role of the political mobilization that resulted in the King v. Burwell dispute. Ultimately, this essay suggests that what may have motivated the Supreme Court to develop and apply its new “deep economic and political significance” test in this this case …