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Constitutional Law Commons™

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Touro University Jacob D. Fuchsberg Law Center

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Articles 541 - 570 of 1346

Full-Text Articles in Constitutional Law

Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza Aug 2012

Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza

Touro Law Review

No abstract provided.


I’Ll Take “Improper Declarations Of Mistrial” For $2,000.00: Applying The Protection Against Double Jeopardy - Robar V. Labuda, Daniel Fier Aug 2012

I’Ll Take “Improper Declarations Of Mistrial” For $2,000.00: Applying The Protection Against Double Jeopardy - Robar V. Labuda, Daniel Fier

Touro Law Review

No abstract provided.


New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia Aug 2012

New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia

Touro Law Review

No abstract provided.


Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell Aug 2012

Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell

Touro Law Review

No abstract provided.


Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas Aug 2012

Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas

Touro Law Review

No abstract provided.


Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell Aug 2012

Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell

Touro Law Review

No abstract provided.


Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose Aug 2012

Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose

Touro Law Review

No abstract provided.


Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman Jul 2012

Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman

Touro Law Review

No abstract provided.


The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen Jul 2012

The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen

Touro Law Review

No abstract provided.


It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier Jul 2012

It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier

Touro Law Review

No abstract provided.


Guns And Ammo: For Convicted Americans Viewing Pictures Of Others Enjoying Their Constitutional Right To Bear Arms In A Magazine Is The Closest They Will Ever Get To Seeing The Second Amendment At Work - People V. Hughes, Ronald P. Perry Jul 2012

Guns And Ammo: For Convicted Americans Viewing Pictures Of Others Enjoying Their Constitutional Right To Bear Arms In A Magazine Is The Closest They Will Ever Get To Seeing The Second Amendment At Work - People V. Hughes, Ronald P. Perry

Touro Law Review

No abstract provided.


Condoms: The New Medium Of Expression Protected By The First Amendment- People V. Andujar, Leodyne Calixte Jul 2012

Condoms: The New Medium Of Expression Protected By The First Amendment- People V. Andujar, Leodyne Calixte

Touro Law Review

No abstract provided.


Ambiguity In The Realm Of Defamation: Rhetorical Hyperbole Or Provable Falsity? - Gorilla Coffee, Inc. V. New York Times Co., Tiffany Frigenti Jul 2012

Ambiguity In The Realm Of Defamation: Rhetorical Hyperbole Or Provable Falsity? - Gorilla Coffee, Inc. V. New York Times Co., Tiffany Frigenti

Touro Law Review

No abstract provided.


The First Amendment’S Freedom Of Harassment - People V. Pierre-Louis, Lina R. Carbuccia Jul 2012

The First Amendment’S Freedom Of Harassment - People V. Pierre-Louis, Lina R. Carbuccia

Touro Law Review

No abstract provided.


The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen Jul 2012

The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen

Touro Law Review

No abstract provided.


Homosexuals, Equal Protection, And The Guarantee Of Fundamental Rights In The New Decade: An Optimist’S Quasi-Suspect View Of Recent Events And Their Impact On Heightened Scrutiny For Sexual Orientation-Based Discrimination, John Nicodemo Jul 2012

Homosexuals, Equal Protection, And The Guarantee Of Fundamental Rights In The New Decade: An Optimist’S Quasi-Suspect View Of Recent Events And Their Impact On Heightened Scrutiny For Sexual Orientation-Based Discrimination, John Nicodemo

Touro Law Review

No abstract provided.


Silencing The Victims In Child Sexual Abuse Prosecutions: The Confrontation Clause And Children's Hearsay Statements Before And After Michigan V. Bryant, Deborah Paruch Jul 2012

Silencing The Victims In Child Sexual Abuse Prosecutions: The Confrontation Clause And Children's Hearsay Statements Before And After Michigan V. Bryant, Deborah Paruch

Touro Law Review

No abstract provided.


Satellites And Municipalities: One Town’S Use Of Google Earth For Residential Surveillance, Edward Knoedler Jul 2012

Satellites And Municipalities: One Town’S Use Of Google Earth For Residential Surveillance, Edward Knoedler

Touro Law Review

No abstract provided.


A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein Jan 2012

A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein

Touro Law Review

No abstract provided.


Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky Jan 2012

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.


Rights, Reservations, And Religion; International Human Rights Law And The Status Of Women, Mark Goldfeder Jan 2012

Rights, Reservations, And Religion; International Human Rights Law And The Status Of Women, Mark Goldfeder

Scholarly Works

While human rights law in its current form is less than fifty years old, the issues that it grapples with are much, much older. People oftentimes dismiss religion or religious norms as being out of date, close-minded, or old-fashioned, and label religious views as discriminatory in theory or even in practice. In reality, religions have been dealing with human rights issues since ancient times, and in some ways have laid the groundwork for the very modern discussions that have supplanted them. The answers that religions give, therefore, deserve at the very least a careful and respectful analysis before they are …


The Case Of The Retired Justice: How Would Justice John Paul Stevens Have Voted In J. Mcintyre Machinery, Ltd. V. Nicastro?, Rodger D. Citron Jan 2012

The Case Of The Retired Justice: How Would Justice John Paul Stevens Have Voted In J. Mcintyre Machinery, Ltd. V. Nicastro?, Rodger D. Citron

Scholarly Works

No abstract provided.


Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz Jan 2012

Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz

Touro Law Review

"The purpose of this presentation is to examine two recent Supreme Court decisions, Connick v. Thompson and Ashcroft v. Iqbal with an eye to their impact on how lower federal courts will assess such claims in the wake of new constraints imposed by these cases. The focus of the discussion will be on developments in single-incident liability cases after Connick and supervisory liability claims after Iqbal."


A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine Jan 2012

A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine

Scholarly Works

This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …


Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge Roig Jan 2012

Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge Roig

Scholarly Works

Computer source code is the lifeblood of the Internet. It is also the brick and mortar of cyberspace. As such, it has been argued that the degree of control that a government can wield over code can be a powerful tool for controlling new technologies. With the advent and proliferation in the Internet of social networking media and platforms for the publication and sharing of user-generated content, the ability of individuals across the world to communicate with each other has reached truly revolutionary dimensions. The influence of Facebook in the popular revolutions of the Arab Spring has been well documented. …


Getting Time For An Acquitted Crime: The Unconstitutional Use Of Acquitted Conduct At Sentencing And New York's Call For Change, Megan Sterback Nov 2011

Getting Time For An Acquitted Crime: The Unconstitutional Use Of Acquitted Conduct At Sentencing And New York's Call For Change, Megan Sterback

Touro Law Review

No abstract provided.


Claims Of Ineffective Assistance Of Counsel: The Clash Of The Federal And New York State Constitutions, Timothy M. Riselvato Nov 2011

Claims Of Ineffective Assistance Of Counsel: The Clash Of The Federal And New York State Constitutions, Timothy M. Riselvato

Touro Law Review

No abstract provided.


Students' Fourth Amendment Rights In Schools: Strip Searches, Drug Tests, And More, Emily Gold Waldman Nov 2011

Students' Fourth Amendment Rights In Schools: Strip Searches, Drug Tests, And More, Emily Gold Waldman

Touro Law Review

No abstract provided.


Defining Instrumentalities Of Deadly Force, Tim Longo Oct 2011

Defining Instrumentalities Of Deadly Force, Tim Longo

Touro Law Review

No abstract provided.


Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum Oct 2011

Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum

Touro Law Review

No abstract provided.