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Articles 2641 - 2670 of 3331
Full-Text Articles in Law
Innovations Disguised As Traditions: An Historical Review Of The Supreme Court Nominations Process, Ronald D. Rotunda
Innovations Disguised As Traditions: An Historical Review Of The Supreme Court Nominations Process, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
The Pentagon Papers, Mike Gartner
The Pentagon Papers, Mike Gartner
Brigham Young University Prelaw Review
The case New York Times Co. v. United States was a landmark case that involved the right of a free press and the fundamental First Amendment rights of the American People. What follows is an exploration into this case and how it reached the Supreme Court. First we will examine a brief history of what became to be known as the "Pentagon Papers" and finally look into each decision reached in the federal courts, and of course the decision of the Supreme Court.
Bowers V. Hardwick: Diverging Interpretations, Warren D. Leishman
Bowers V. Hardwick: Diverging Interpretations, Warren D. Leishman
Brigham Young University Prelaw Review
Rarely does the serving of a simple misdemeanor warrant result in a case tried before the highest court in the land, but this is what happened to Michael Hardwick in August, 1982. Police officers arriving at his house were let in by a houseguest who led the policemen to the bedroom. At this point they stumbled upon Hardwick engaged in a sexual act with another man, an act which, under Georgia Code 16-6-2, constituted sodomy and was thus punishable "by imprisonment for not less than one nor more than twenty years." Michael Hardwick was arrested and charged, the first such …
The Legacy Of The Brown Decision, Abbie Froerer
The Legacy Of The Brown Decision, Abbie Froerer
Brigham Young University Prelaw Review
The landmark case regarding school desegregation, Brown v. Board o/ Education of Topeka, was brought by Oliver Brown on behalf of his daughter Linda. Under Kansas law, cities with populations over 15,000 were permitted, but not required, to provide two separate school facilities for white and colored students (Kansas. Gen. Stat. §72- 1724, 1949). Topeka chose to segregate its elementary schools. Consequently, Linda was forced to walk twenty blocks to attend an all-black grade school rather than attend the all-white one in her neighborhood. Several other black families joined the Browns in pursuing their goal.
The Business Of The Supreme Court Revisited, John Paul Jones
The Business Of The Supreme Court Revisited, John Paul Jones
Law Faculty Publications
Nearly seventy years after its publication, Prof. Jones revisits Felix Frankfurter and James McCauley Landis' seminal 1928 book.
Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih
Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih
Fordham Law Review
No abstract provided.
Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman
Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman
All Faculty Scholarship
This Article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessive prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportionate to the crime. In analyzing all of the modern holdings of the Court in this area, this Article finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is confused, and what law can be discerned rests on weak foundations. …
Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius
Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius
All Faculty Scholarship
This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing affirmative action …
Overtaking The Fifth Amendment: The Legislative Backlash Against Environmentalism, Michael Allan Wolf
Overtaking The Fifth Amendment: The Legislative Backlash Against Environmentalism, Michael Allan Wolf
Law Faculty Publications
These are heady times for the champions of private property rights. The U.S. Supreme Court, in Dolan v. City of Tigard, building on the foundation laid in Nollan v. California Coastal Commission and Lucas v. South Carolina Coastal Council,6 chastised a local government for its apparent failure to demonstrate that the development conditions placed on a commercial landowner were "roughly proportional" to the city's goals of floodplain protection and traffic regulation. Judges sitting on the U.S. Court of Claims ("Claims Court"), a veritable hotbed of regulatory takings activity, have issued a series of opinions resulting in hefty bills …
The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez
The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
A distinction has become entrenched in United States law between treaties that are "self-executing" and those that are not. The precise nature of this distinction--indeed, its very existence--is a matter of some controversy and much confusion. More than one lower federal court has pronounced the distinction to be the "most confounding" in the United States law of treaties. A tremendous amount of scholarship has sought to clarify this distinction, but the honest observer cannot but agree with John Jackson's observation that " [t]he substantial volume of scholarly writing on this issue has not yet resolved the confusion" surrounding it. The …
Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler
Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler
Articles & Chapters
No abstract provided.
The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein
The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein
Touro Law Review
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz
The Commerce Clause Quartet, Martin A. Schwartz
The Commerce Clause Quartet, Martin A. Schwartz
Touro Law Review
No abstract provided.
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
Touro Law Review
No abstract provided.
Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman
Touro Law Review
No abstract provided.
Modification Of Child Support Awards Under New York Child Support Standards Act, Barbara Gonzo
Modification Of Child Support Awards Under New York Child Support Standards Act, Barbara Gonzo
Touro Law Review
No abstract provided.
"Mixture Or Substance": Continuing Disparity Under The Federal Sentencing Guidelines Section 2d1.1, Eric J. Stockel
"Mixture Or Substance": Continuing Disparity Under The Federal Sentencing Guidelines Section 2d1.1, Eric J. Stockel
Touro Law Review
No abstract provided.