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2014

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Institution
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Articles 571 - 600 of 1069

Full-Text Articles in Constitutional Law

Conflicting Confrontation Clause Concerns: The Admissibility Of Hospital Records Versus A Defendant's Right To Confrontation, Susan Barlow Mar 2014

Conflicting Confrontation Clause Concerns: The Admissibility Of Hospital Records Versus A Defendant's Right To Confrontation, Susan Barlow

Touro Law Review

No abstract provided.


Admissibility Of Field Test Results At Trial To Prove Intoxication, Vincent J. Costa Mar 2014

Admissibility Of Field Test Results At Trial To Prove Intoxication, Vincent J. Costa

Touro Law Review

No abstract provided.


The Federal Retreat From Protecting Defendants From Tainted Show-Up Identifications And The Superiority Of New York's Approach, Stephan Josephs Mar 2014

The Federal Retreat From Protecting Defendants From Tainted Show-Up Identifications And The Superiority Of New York's Approach, Stephan Josephs

Touro Law Review

No abstract provided.


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.


Party-Based Corruption And Mccutcheon V. Fec, Michael S. Kang Mar 2014

Party-Based Corruption And Mccutcheon V. Fec, Michael S. Kang

NULR Online

No abstract provided.


March 16, 2014: The New Cosmos Series Plays Out The Old Culture Wars, Bruce Ledewitz Mar 2014

March 16, 2014: The New Cosmos Series Plays Out The Old Culture Wars, Bruce Ledewitz

Hallowed Secularism

Blog post, “The New Cosmos Series Plays Out the Old Culture Wars“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales Mar 2014

In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales

William & Mary Bill of Rights Journal

During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …


Shelby County And The Illusion Of Minimalism, Richard L. Hasen Mar 2014

Shelby County And The Illusion Of Minimalism, Richard L. Hasen

William & Mary Bill of Rights Journal

No abstract provided.


The Failure Of Originalism In Preserving Constitutional Rights To Civil Jury Trial, Renée Lettow Lerner Mar 2014

The Failure Of Originalism In Preserving Constitutional Rights To Civil Jury Trial, Renée Lettow Lerner

William & Mary Bill of Rights Journal

The Federal Bill of Rights and state constitutions rely heavily on procedural protections, especially jury rights. Supporters of these rights at the founding praised the jury in extravagant terms, and many members of the legal profession continue to do so today. Yet civil and criminal jury trials are vanishing in the United States. The disappearance of the civil jury presents a puzzle because the Seventh Amendment and state constitutional rights require that civil jury trial be “preserved” or “remain inviolate.”

Scholarship on the history of constitutional rights to civil jury trial has tended to focus exclusively on the Seventh Amendment, …


Marriage Equality In State And Nation, Anthony Michael Kreis Mar 2014

Marriage Equality In State And Nation, Anthony Michael Kreis

William & Mary Bill of Rights Journal

No abstract provided.


Binary Searches And The Central Meaning Of The Fourth Amendment, Lawrence Rosenthal Mar 2014

Binary Searches And The Central Meaning Of The Fourth Amendment, Lawrence Rosenthal

William & Mary Bill of Rights Journal

No abstract provided.


Professional Licenses And Substantive Due Process: Can States Compel Physicians To Provide Their Services, Carolyn R. Cody Mar 2014

Professional Licenses And Substantive Due Process: Can States Compel Physicians To Provide Their Services, Carolyn R. Cody

William & Mary Bill of Rights Journal

No abstract provided.


The Jury As A Political Institution: An Internal Perspective, Robert P. Burns Mar 2014

The Jury As A Political Institution: An Internal Perspective, Robert P. Burns

William & Mary Law Review

In this Essay, I will briefly describe some of the more obvious ways in which the jury has been considered a political institution. I will then discuss the senses in which we can understand the term “political” in the context of the American jury trial. I will describe the senses in which Hannah Arendt, perhaps the most important political philosopher of the twentieth century, tried to distinguish between “the political” and the “the legal” and the limitations of any such distinction. I will then turn to the heart of this Essay, a description of the ways in which the American …


Blackstone's Curse: The Fall Of The Criminal, Civil, And Grand Juries And The Rise Of The Executive, The Legislature, The Judiciary, And The States, Suja A. Thomas Mar 2014

Blackstone's Curse: The Fall Of The Criminal, Civil, And Grand Juries And The Rise Of The Executive, The Legislature, The Judiciary, And The States, Suja A. Thomas

William & Mary Law Review

No abstract provided.


Juries As Regulators Of Last Resort, Stephan Landsman Mar 2014

Juries As Regulators Of Last Resort, Stephan Landsman

William & Mary Law Review

No abstract provided.


Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy Mar 2014

Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy

William & Mary Law Review

“Experts” appear in the modern American courtroom on the jury as well as in the witness box, posing a dilemma for the legal system by offering a potentially valuable resource and an uncontrolled source of influence. Courts give ambiguous guidance to jurors on how they should handle their expertise in the deliberation room. On the one hand, jurors are told that they should “decide what the facts are from the evidence presented here in court.” By direct implication, then, jurors should not use outside information to evaluate the evidence. Jurors are also told, however, that they should “consider all of …


Opening Remarks, Akhil Reed Amar Mar 2014

Opening Remarks, Akhil Reed Amar

William & Mary Law Review

No abstract provided.