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Articles 61 - 90 of 888
Full-Text Articles in Constitutional Law
A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos
A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos
Vanderbilt Law School Faculty Publications
The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hard-ball tactics favored by earlier Administrations, Attorney General Eric Holder announced in October 2009 that the Department of Justice (DOJ) would stop enforcing the federal marijuana ban against persons who comply with state medical marijuana laws. Given the significance of the medical marijuana issue in both criminal law and federalism circles, this Article sets out to provide the first in-depth analysis of the changes wrought by the DOJ’s new Non Enforcement Policy (NEP). In a nutshell, it suggests that early enthusiasm for the …
Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?, Adam M. Gershowitz
Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Laws For Learning In An Age Of Acceleration, John O. Mcginnis
Laws For Learning In An Age Of Acceleration, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Globalization And Structure, Julian Ku, John Yoo
Globalization And Structure, Julian Ku, John Yoo
William & Mary Law Review
No abstract provided.
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Cornell Law Faculty Publications
This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Faculty Scholarship
This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
October 29, 2011: Why Any Change In The Establishment Clause?, Bruce Ledewitz
October 29, 2011: Why Any Change In The Establishment Clause?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Any Change in the Establishment Clause?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
An Anthem For Ows?, Timothy Zick
Ows, Discourse, And Narratives, Timothy Zick
October 22, 2011: Standing On God/Pleading With God, Bruce Ledewitz
October 22, 2011: Standing On God/Pleading With God, Bruce Ledewitz
Hallowed Secularism
Blog post, “Standing on God/Pleading With God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Ows And The Constitution, Timothy Zick
Defining Instrumentalities Of Deadly Force, Tim Longo
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
Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum
Touro Law Review
No abstract provided.
Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable
Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable
Touro Law Review
No abstract provided.
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable
Touro Law Review
No abstract provided.
Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering - October 2009 Term, Richard Klein
Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering - October 2009 Term, Richard Klein
Touro Law Review
No abstract provided.
Three Vital Issues: Incorporation Of The Second Amendment, Federal Government Power, And Separation Of Powers - October 2009 Term, Michael C. Dorf, Erwin Chemerinsky
Three Vital Issues: Incorporation Of The Second Amendment, Federal Government Power, And Separation Of Powers - October 2009 Term, Michael C. Dorf, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Attorney's Fees In Civil Rights Cases - October 2009 Term, Martin A. Schwartz
Attorney's Fees In Civil Rights Cases - October 2009 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Lawyering Decisions - October 2009 Term, Eileen Kaufman
Lawyering Decisions - October 2009 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael C. Dorf
First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael C. Dorf
Touro Law Review
No abstract provided.
October 19, 2011: The Religious Exemption, Bruce Ledewitz
October 19, 2011: The Religious Exemption, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Religious Exemption“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Court Of Appeals Of New York: Wooley V. New York State Department Of Correctional Services, Joseph Leocata
Court Of Appeals Of New York: Wooley V. New York State Department Of Correctional Services, Joseph Leocata
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department: People V. Gibson, Kashima A. Loney
Appellate Division, Fourth Department: People V. Gibson, Kashima A. Loney
Touro Law Review
No abstract provided.
County Court Of New York, Sullivan County: People V. Robar, Andrew W. Koster
County Court Of New York, Sullivan County: People V. Robar, Andrew W. Koster
Touro Law Review
No abstract provided.
Court Of Appeals Of New York: People V. Williams, Gregory E. Wenz
Court Of Appeals Of New York: People V. Williams, Gregory E. Wenz
Touro Law Review
No abstract provided.
Niagara County Justice Court: People V. Harvey, Gregory E. Wenz
Niagara County Justice Court: People V. Harvey, Gregory E. Wenz
Touro Law Review
No abstract provided.
City Court Of New York, City Of Watertown: People V. Carreira, Michael J. Puma
City Court Of New York, City Of Watertown: People V. Carreira, Michael J. Puma
Touro Law Review
No abstract provided.
Appellate Division, First Department: People V. Montes, Lauren L. Morales
Appellate Division, First Department: People V. Montes, Lauren L. Morales
Touro Law Review
No abstract provided.
Court Of Appeals Of New York: People V. Wrotten, Katharine E. O'Dette
Court Of Appeals Of New York: People V. Wrotten, Katharine E. O'Dette
Touro Law Review
No abstract provided.
County Court Of New York, Westchester County: People V. Days, Kashima A. Loney
County Court Of New York, Westchester County: People V. Days, Kashima A. Loney
Touro Law Review
No abstract provided.