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Articles 2491 - 2520 of 3331

Full-Text Articles in Law

Breard And The Federal Power To Require Compliance With Icj Orders Of Provisional Measures, Carlos Manuel Vázquez Jan 1998

Breard And The Federal Power To Require Compliance With Icj Orders Of Provisional Measures, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Among the puzzling aspects of the Breard episode was the Clinton administration's claim that the decision whether or not to comply with the Order of the International Court of Justice requiring the postponement of Breard's execution lay exclusively in the hands of the Governor of Virginia. The ICJ's Order provided that"[t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings." The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, …


Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein Jan 1998

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

No abstract provided.


Establishment Of Religion, Supreme Court, Appellate Division, First Department: Robbins V. Bright Jan 1998

Establishment Of Religion, Supreme Court, Appellate Division, First Department: Robbins V. Bright

Touro Law Review

No abstract provided.


Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia Jan 1998

Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Himko Jan 1998

Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Himko

Touro Law Review

No abstract provided.


Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court Jan 1998

Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel Jan 1998

Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Queens County: People V. Bell Jan 1998

Right To Counsel, Supreme Court, Queens County: People V. Bell

Touro Law Review

No abstract provided.


Arbitration Of Workplace Discrimination Claims: Federal Law And Compulsory Arbitration, Norris Case Jan 1998

Arbitration Of Workplace Discrimination Claims: Federal Law And Compulsory Arbitration, Norris Case

Touro Law Review

No abstract provided.


Commerce Clause, First Department: R.J. Reynolds Tobacco Company V. City Of New York Department Of Finance Jan 1998

Commerce Clause, First Department: R.J. Reynolds Tobacco Company V. City Of New York Department Of Finance

Touro Law Review

No abstract provided.


Contracts Clause, Supreme Court, Appellate Division Third Department: B.O.C.E.S. For Sole Supervisory District Of Rockland County V. State Of New York Jan 1998

Contracts Clause, Supreme Court, Appellate Division Third Department: B.O.C.E.S. For Sole Supervisory District Of Rockland County V. State Of New York

Touro Law Review

No abstract provided.


Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department Jan 1998

Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department

Touro Law Review

No abstract provided.


Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh Jan 1998

Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh

Touro Law Review

No abstract provided.


Ex Post Facto Laws, Supreme Court, Dutchess County: Doe V. Division Of Probation And Correction Alternatives Jan 1998

Ex Post Facto Laws, Supreme Court, Dutchess County: Doe V. Division Of Probation And Correction Alternatives

Touro Law Review

No abstract provided.


Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli Jan 1998

Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli

Touro Law Review

No abstract provided.


Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell Jan 1998

Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. Hichez Jan 1998

Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. Hichez

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, New York County: People V. Rodgers Jan 1998

Search And Seizure, Supreme Court, New York County: People V. Rodgers

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Appellate Division, Fourth Department: People V. Hall Jan 1998

Self-Incrimination, Supreme Court, Appellate Division, Fourth Department: People V. Hall

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Appellate Division, First Department: Prudential Securities Incorporated V. Brigianos Jan 1998

Self-Incrimination, Supreme Court, Appellate Division, First Department: Prudential Securities Incorporated V. Brigianos

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman Jan 1998

Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman

Touro Law Review

No abstract provided.


Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki Jan 1998

Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki

Touro Law Review

No abstract provided.


Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin Jan 1998

Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Bronx County: Seabrook V. Johnson Jan 1998

Self-Incrimination, Supreme Court, Bronx County: Seabrook V. Johnson

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith Jan 1998

Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith

Touro Law Review

No abstract provided.


Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr. Jan 1998

Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

The decision of the Court of Appeals for the Fifth Circuit in Hopwood v. Texas sent shock waves through the academic community with its holding that the Equal Protection Clause of the Fourteenth Amendment prohibited the University of Texas Law School from taking account of race as a factor in its admissions process. In the course of invalidating certain procedures employed by the law school, the Fifth Circuit concluded that Justice Powell's influential opinion in Regents of the University of California v. Bakke, which recognized the pursuit of diversity in higher education as a compelling state interest, had never constituted …


Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist Oct 1997

Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist

Indiana Law Journal

No abstract provided.


Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton Oct 1997

Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton

Faculty Scholarship

The U.S. Supreme Court's 1996-1997 Term will surely not be remembered among lawyers for its decisions in the employment area. Most of these decisions involved narrow questions of statutory interpretation, and for the most part the Court has handed down opinions consistent with existing case law. There was not one National Labor Relations Act (NLRA) decision this Term and the two employment discrimination cases involved fairly technical issues of statutory interpretation. The feeling of a quiet year is put across by simply reading the statutes at issue other than Title VII: the Federal Employers' Liability Act (FELA) (one case), the …


Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag Jul 1997

Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag

Indiana Law Journal

No abstract provided.


Plain Meaning, The Tax Code, And Doctrinal Incoherence, Mary L. Heen Apr 1997

Plain Meaning, The Tax Code, And Doctrinal Incoherence, Mary L. Heen

Law Faculty Publications

This Article examines the Supreme Court's interpretive approach in recent tax cases. Part I of the Article sets the stage by describing the Court's interpretive approach, its focus on the relative determinacy of statutory language, and the backdrop of Chevron. Part II examines the effect of these issues on tax law, focusing on three cases that construe the same Code provision, section 104(a)(2), but apply quite different interpretive approaches. In United States v. Burke, the Court appeared to find the provision ambiguous and relied in part upon an interpretation of the statute contained in a Treasury regulation. Subsequently, in Commissioner …