Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Touro University Jacob D. Fuchsberg Law Center

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 451 - 480 of 1346

Full-Text Articles in Constitutional Law

Prearraignment Lineup Procedures: Are Multiple Lineups Unduly Suggestive Or Sufficiently Reliable?, Jared R. Artura Mar 2014

Prearraignment Lineup Procedures: Are Multiple Lineups Unduly Suggestive Or Sufficiently Reliable?, Jared R. Artura

Touro Law Review

No abstract provided.


Is New York Achieving More Reliable And Just Convictions When The Admissibility Of A Suggestive Pretrial Identification Is At Issue?, Matthew Gordon Mar 2014

Is New York Achieving More Reliable And Just Convictions When The Admissibility Of A Suggestive Pretrial Identification Is At Issue?, Matthew Gordon

Touro Law Review

No abstract provided.


Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski Mar 2014

Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski

Touro Law Review

No abstract provided.


It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt Mar 2014

It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt

Touro Law Review

No abstract provided.


Fourth Amendment Right To Privacy With Respect To Bank Records In Criminal Cases, Francesca M. Brancato Mar 2014

Fourth Amendment Right To Privacy With Respect To Bank Records In Criminal Cases, Francesca M. Brancato

Touro Law Review

No abstract provided.


You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein Mar 2014

You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein

Touro Law Review

No abstract provided.


You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza Mar 2014

You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza

Touro Law Review

No abstract provided.


Locked Glove Compartments: Searchable Or Stash Spots?, Evan Levtow Mar 2014

Locked Glove Compartments: Searchable Or Stash Spots?, Evan Levtow

Touro Law Review

No abstract provided.


A Delayed Search Of An Automobile Makes For An Unconstitutional Seizure, Sean J. Mcgowan Mar 2014

A Delayed Search Of An Automobile Makes For An Unconstitutional Seizure, Sean J. Mcgowan

Touro Law Review

No abstract provided.


Curtailing The First Amendment Protection To Discovery, Silvia Durri Mar 2014

Curtailing The First Amendment Protection To Discovery, Silvia Durri

Touro Law Review

No abstract provided.


The Occupy Wall Street Movement And The Constitution: Protestors Preoccupied With The First Amendment, Christine Verbitsky Mar 2014

The Occupy Wall Street Movement And The Constitution: Protestors Preoccupied With The First Amendment, Christine Verbitsky

Touro Law Review

No abstract provided.


The Evolution Of Youth As An Excuse: Striking A Balance Between The Interest Of Public Safety And The Principle That Kids Are Kids, Ashley A. Hughes Mar 2014

The Evolution Of Youth As An Excuse: Striking A Balance Between The Interest Of Public Safety And The Principle That Kids Are Kids, Ashley A. Hughes

Touro Law Review

No abstract provided.


Don't Feed The Deer: Misapplications Of Statutory Vagueness And The First Amendment Overbreadth Doctrine, Brian Hodgkinson Mar 2014

Don't Feed The Deer: Misapplications Of Statutory Vagueness And The First Amendment Overbreadth Doctrine, Brian Hodgkinson

Touro Law Review

No abstract provided.


Armed To The Teeth: The Use Of A Person's Mouth, Teeth, Or Body As A Dangerous Instrument For Aggravated Offenses, Vincent J. Costa Mar 2014

Armed To The Teeth: The Use Of A Person's Mouth, Teeth, Or Body As A Dangerous Instrument For Aggravated Offenses, Vincent J. Costa

Touro Law Review

No abstract provided.


Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr. Jan 2014

Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr.

Scholarly Works

In an engaging critique, Professor Arcila finds that Professor Ferguson is correct in that predictive policing will likely be incorporated into Fourth Amendment law and that it will alter reasonable suspicion determinations. But Professor Arcila also argues that the potential incorporation of predictive policing reflects a larger deficiency in our Fourth Amendment jurisprudence and that it should not be adopted because it fails to adequately consider and respect a broader range of protected interests.


¿Con La Misma Vara? Los Altibajos De La Igual Protección De Las Leyes En Las Opiniones Del Juez Federico Hernández Denton, Jorge R. Roig Jan 2014

¿Con La Misma Vara? Los Altibajos De La Igual Protección De Las Leyes En Las Opiniones Del Juez Federico Hernández Denton, Jorge R. Roig

Scholarly Works

La carrera del juez presidente Federico Hernández Denton como juez del Tribunal Supremo de Puerto Rico abarca cuatro distintas décadas durante las cuales la sociedad puertorriqueña ha experimentado dramáticos cambios. Desde los intentos por eliminar el hostigamiento sexual y la violencia doméstica hasta el desarrollo de los derechos civiles de los individuos y las parejas homosexuales; desde el cierre de las urbanizaciones adineradas y el enclaustre de la clase media hasta los despidos masivos en el gobierno y la constitucionalización de las escoltas de los ex gobernadores; los cambios experimentados por los puertorriqueños no nos han tocado a todos por …


The First Thing We Do, Jorge R. Roig Jan 2014

The First Thing We Do, Jorge R. Roig

Scholarly Works

There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the development …


Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein Jan 2014

Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein

Scholarly Works

Whereas in 2013 there had been widespread celebration of the fiftieth anniversary of the landmark Supreme Court decision in Gideon v. Wainwright, much has been written in subsequent years about the unhappy state of the quality of counsel provided to indigents. But it is not just defense counsel who fail to comply with all that we hope and expect would be done by those who are part of our criminal courts; prosecutorial misconduct, if not actually increasing, is becoming more visible. The judiciary chooses to focus on the rapid processing of cases, often ignoring the rights of those being prosecuted …


The Plight Of Bi-National Same-Sex Couples In America, Michael Rivers Oct 2013

The Plight Of Bi-National Same-Sex Couples In America, Michael Rivers

Touro Law Review

No abstract provided.


The Doctor Will See You Now: An Argument For Amending The Licensing Process For Handguns In New York City, Alexander C. Depalo Oct 2013

The Doctor Will See You Now: An Argument For Amending The Licensing Process For Handguns In New York City, Alexander C. Depalo

Touro Law Review

No abstract provided.


Delegation And The Destruction Of American Liberties: The Affordable Care Act And The Contraception Mandate, Michael Barone, Jr. Oct 2013

Delegation And The Destruction Of American Liberties: The Affordable Care Act And The Contraception Mandate, Michael Barone, Jr.

Touro Law Review

No abstract provided.


Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl Oct 2013

Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl

Touro Law Review

No abstract provided.


Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson Oct 2013

Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson

Touro Law Review

No abstract provided.


Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, Alex J. Berkman Oct 2013

Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, Alex J. Berkman

Touro Law Review

No abstract provided.


Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak Oct 2013

Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak

Touro Law Review

Analyzes the two divided loyalties that Levinson faces in "Divided Loyalties: The Problem of 'Dual Sovereignty' and Constitutional Faith."


Israel's Constitutional Tragedy, Menachem Lorberbaum Oct 2013

Israel's Constitutional Tragedy, Menachem Lorberbaum

Touro Law Review

No abstract provided.


Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston Oct 2013

Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston

Touro Law Review

No abstract provided.


Navigating The Space Between Dueling Sovereigns, Miriam Galston Oct 2013

Navigating The Space Between Dueling Sovereigns, Miriam Galston

Touro Law Review

No abstract provided.


Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson Oct 2013

Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson

Touro Law Review

Sanford Levinson provides the inaugural lecture of the new Jewish Law Institute at Touro Law School. He focuses on some of the ways that he finds himself constantly thinking of what might be termed "meta-issues" that arise in his joint study of, and intellectual confrontation with, Jewish law and American constitutional law.


Lower Court Compliance With Supreme Court Remands, Elise Borochoff Jun 2013

Lower Court Compliance With Supreme Court Remands, Elise Borochoff

Touro Law Review

No abstract provided.