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Full-Text Articles in Law

Leon D. Lazer: The Giant Among Us, Howard Glickstein Jan 2018

Leon D. Lazer: The Giant Among Us, Howard Glickstein

Touro Law Review

No abstract provided.


The Second Amendment And Gun Control, Erwin Chemerinsky Jun 2017

The Second Amendment And Gun Control, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The Constitution And National Security, Erwin Chemerinsky Jun 2017

The Constitution And National Security, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz Jun 2017

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Erwin Chemerinsky

No abstract provided.


An Overview Of The October 2007 Supreme Court Term, Erwin Chemerinsky Jun 2017

An Overview Of The October 2007 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz Oct 2015

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman Oct 2013

The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz Jun 2013

Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


The Second Amendment And Gun Control, Erwin Chemerinsky Feb 2013

The Second Amendment And Gun Control, Erwin Chemerinsky

Touro Law Review

No abstract provided.


The Constitution And National Security, Erwin Chemerinsky Feb 2013

The Constitution And National Security, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Voting Rights And Freedom Of Speech Decisions From The October 2007 Term, Burt Neuborne Feb 2013

Voting Rights And Freedom Of Speech Decisions From The October 2007 Term, Burt Neuborne

Touro Law Review

No abstract provided.


An Overview Of The October 2007 Supreme Court Term, Erwin Chemerinsky Feb 2013

An Overview Of The October 2007 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman Jan 2013

The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman

Touro Law Review

No abstract provided.


Beyond Patents: The Supreme Court’S Evolving Relationship With The Federal Circuit, Daniel Kazhdan Aug 2012

Beyond Patents: The Supreme Court’S Evolving Relationship With The Federal Circuit, Daniel Kazhdan

Daniel Kazhdan

Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something ...


Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan Aug 2012

Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan

Daniel Kazhdan

Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something ...


Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan Aug 2012

Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan

Daniel Kazhdan

Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something ...


Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz Jan 2009

Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


Ascertaining The Burden Of Proof For An Award For Punitive Damages In New York? Consult Your Local Appellate Division, Leon D. Lazer, John R. Higgitt Jan 2009

Ascertaining The Burden Of Proof For An Award For Punitive Damages In New York? Consult Your Local Appellate Division, Leon D. Lazer, John R. Higgitt

Touro Law Review

No abstract provided.


The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell May 2006

The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell

American University Law Review

No abstract provided.


Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer Jan 2006

Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer

Scholarly Works

No abstract provided.


The Copyright Paradox, Tim Wu Jan 2005

The Copyright Paradox, Tim Wu

Faculty Scholarship

Copyright law has become an important part of American industrial policy. Its rules are felt by every industry that touches information, and today that means quite a bit. Like other types of industrial policy, copyright in operation purposely advantages some sectors and disadvantages others. Consequently, today's copyright courts face hard problems of competition management, akin to those faced by the antitrust courts and the Federal Communications Commission.

How should courts manage competition using copyright? Over the last decade, writers have begun to try to understand the "other side" of copyright, variously called its innovation policy, communications policy, or regulatory ...


Aggravating Youth: Roper V Simmons And Age Discrimination, Elizabeth F. Emens Jan 2005

Aggravating Youth: Roper V Simmons And Age Discrimination, Elizabeth F. Emens

Faculty Scholarship

In Roper v. Simmons, the Supreme Court confronted a difficult question: Given that being younger than eighteen is merely a proxy for diminished culpability, why not let jurors decide whether youth mitigates the culpability of an individual sixteen- or seventeen-year-old offender? The Court's subtle answer draws on psychological literature about the differences between juveniles and adults, but ultimately depends as much on concerns about the mind of the adult juror as on the distinctive traits of juveniles. Read in its best light, Kennedy's opinion seems to turn on the insight that while age-based classifications are rational – they are ...


The New Censorship: Institutional Review Boards, Philip A. Hamburger Jan 2004

The New Censorship: Institutional Review Boards, Philip A. Hamburger

Faculty Scholarship

Do federal regulations on Institutional Review Boards violate the First Amendment? Do these regulations establish a new sort of censorship? And what does this reveal about the role of the Supreme Court?


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz Jan 2003

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


Palazzolo V. Rhode Island: The Supreme Court's Expansion Of Subsequent Owners' Rights Under The Takings Clause (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer Jan 2001

Palazzolo V. Rhode Island: The Supreme Court's Expansion Of Subsequent Owners' Rights Under The Takings Clause (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer

Scholarly Works

No abstract provided.


Article Iii And The Adequate And Independent State Grounds Doctrine , Cynthia L. Fountaine Jun 1999

Article Iii And The Adequate And Independent State Grounds Doctrine , Cynthia L. Fountaine

American University Law Review

No abstract provided.


On Resegregating The Worlds Of Statute And Common Law, Peter L. Strauss Jan 1994

On Resegregating The Worlds Of Statute And Common Law, Peter L. Strauss

Faculty Scholarship

In the early afternoon of a humid, 97 degree summer day, James Gottshall was part of a crew of mostly 50- to 60-year-old men replacing track for Conrail. Michael Norvick, the crew supervisor, pressed the men to finish the work. He discouraged observance of the scheduled breaks. Richard Johns collapsed in the heat; Norvick ordered the men back to work as soon as a cold compress had revived him. Five minutes later Johns collapsed again, the victim of a heart attack. Gottshall began 40 minutes of ultimately fruitless cardiopulmonary resuscitation on Johns, his friend for 15 years. Norvick was unable ...


Equality And Diversity: The Eighteenth-Century Debate About Equal Protection And Equal Civil Rights, Philip A. Hamburger Jan 1992

Equality And Diversity: The Eighteenth-Century Debate About Equal Protection And Equal Civil Rights, Philip A. Hamburger

Faculty Scholarship

Living, as we do, in a world in which our discussions of equality often lead back to the desegregation decisions, to the Fourteenth Amendment, and to the antislavery debates of the 1830s, we tend to allow those momentous events to dominate our understanding of the ideas of equal protection and equal civil rights. Indeed, historians have frequently asserted that the idea of equal protection first developed in the 1830s in discussions of slavery and that it otherwise had little history prior to its adoption into the U.S. Constitution. Long before the Fourteenth Amendment, however – long before even the 1830s ...


The Constitutional Principle Of Separation Of Powers, Thomas W. Merrill Jan 1991

The Constitutional Principle Of Separation Of Powers, Thomas W. Merrill

Faculty Scholarship

The Supreme Court has had many occasions in recent years to consider what it calls "the constitutional principle of separation of powers." The principle in question has been effusively praised and on occasion vigorously enforced. But just what is it? The Court clearly believes that the Constitution contains an organizing principle that is more than the sum of the specific clauses that govern relations among the branches. Yet notwithstanding the many testimonials to the importance of the principle, its content remains remarkably elusive.

The central problem, as many have observed, is that the Court has employed two very different conceptions ...


Harmless Error And The Valid Rule Requirement, Henry Paul Monaghan Jan 1989

Harmless Error And The Valid Rule Requirement, Henry Paul Monaghan

Faculty Scholarship

Nearly a decade ago in the pages of this journal, in discussing the nature of overbreadth challenges, I drew attention to what may be characterized as the "valid rule requirement." A defendant in a coercive action always has standing to challenge the rule actually applied to him. This means that he can resist sanctions unless they are imposed in accordance with a constitutionally valid rule, whether or not his own conduct is constitutionally privileged. The valid rule requirement focuses upon the rule as applied to the defendant by the jury instructions. In Pope v. Illinois the Court held that harmless ...