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Due process

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Institution
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Articles 451 - 480 of 706

Full-Text Articles in Constitutional Law

Separation Of Powers Jan 1996

Separation Of Powers

Touro Law Review

No abstract provided.


Substantive Due Process And Free Exercise Of Religion: Meyer, Pierce And The Origins Of Wisconsin V. Yoder, Jay S. Bybee Jan 1996

Substantive Due Process And Free Exercise Of Religion: Meyer, Pierce And The Origins Of Wisconsin V. Yoder, Jay S. Bybee

Scholarly Works

In this paper the author examines the nature of parents' due process right to direct the education of their children and its relationship to the First Amendment. The article begins with the hardiest of the U.S. Supreme Court's early substantive due process decisions: Meyer v. Nebraska and Pierce v. Society of Sisters. Meyer struck down a Nebraska law forbidding the teaching of foreign language in public or private schools; Pierce struck down an Oregon law requiring attendance at public schools. Part I recounts that the laws in both cases were the result of complex forces, uniting groups as disparate …


Equal Protection Jan 1996

Equal Protection

Touro Law Review

No abstract provided.


History's Stories, Stephan Landsman May 1995

History's Stories, Stephan Landsman

Michigan Law Review

A Review of Stories of Scottsboro by James Goodman


Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz Jan 1995

Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1995

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Against Assisted Suicide - Even A Very Limited Form (Symposium: Assisted Suicide, Health Care And Medical Treatment Choices), Yale Kamisar Jan 1995

Against Assisted Suicide - Even A Very Limited Form (Symposium: Assisted Suicide, Health Care And Medical Treatment Choices), Yale Kamisar

Articles

Professor Robert Sedler is a leading constitutional law professor and a well-known civil liberties lawyer. I think he is right about many things. To cite but one example, I think he was right when he led the ACLU's successful legal attack on certain University of Michigan restrictions on "hate speech."' But I cannot agree with him about physician-assisted suicide, no matter how narrowly he frames the issue.2


Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb Nov 1994

Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb

Cornell Law Faculty Publications

American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even …


Puntive Damages -- Developments In Section 1983 Cases, Martin A. Schwartz, Eileen Kaufman Jan 1994

Puntive Damages -- Developments In Section 1983 Cases, Martin A. Schwartz, Eileen Kaufman

Touro Law Review

No abstract provided.


Due Process: Alfonso V. Fernandez Jan 1994

Due Process: Alfonso V. Fernandez

Touro Law Review

No abstract provided.


Gift Or Loan Of State Money: Schulz V. State Of New York Jan 1994

Gift Or Loan Of State Money: Schulz V. State Of New York

Touro Law Review

No abstract provided.


Ineffective Assistance Of Counsel: In Re Jamie Tt. Jan 1994

Ineffective Assistance Of Counsel: In Re Jamie Tt.

Touro Law Review

No abstract provided.


Self Incrimination: People V. Tankleff Jan 1994

Self Incrimination: People V. Tankleff

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1994

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano Jan 1994

The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano

Vanderbilt Journal of Transnational Law

The globalization of the United States economy in the latter half of the twentieth century has fostered greater interaction between the United States and foreign states and their instrumentalities. As a result, the likelihood of legal disputes arising between United States entities and foreign states has increased. Traditionally, foreign states have been immune from suit in United States courts. However, the Foreign Sovereign Immunities Act (FSIA), enacted in 1976, specifies instances in which United States courts may deny immunity to foreign states and exercise jurisdiction over them. Under one provision of the FSIA, a foreign state may forfeit its immunity …


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


Right To Be Present Jan 1993

Right To Be Present

Touro Law Review

No abstract provided.


Right To Be Present Jan 1993

Right To Be Present

Touro Law Review

No abstract provided.


Economic Substantive Due Process And The Right Of Livelihood, Wayne Mccormack Jan 1993

Economic Substantive Due Process And The Right Of Livelihood, Wayne Mccormack

Kentucky Law Journal

No abstract provided.


The Costs Of Incoherence: A Comment On Plain Meaning, West Virginia University Hospitals, Inc. V. Casey, And Due Process Of Statutory Interpretation, T. Alexander Aleinikoff, Theodore M. Shaw Apr 1992

The Costs Of Incoherence: A Comment On Plain Meaning, West Virginia University Hospitals, Inc. V. Casey, And Due Process Of Statutory Interpretation, T. Alexander Aleinikoff, Theodore M. Shaw

Vanderbilt Law Review

Karl Llewellyn's classic article on the canons of statutory construction, which we rightly celebrate in this Symposium, is too clever by half. To the reader untutored in the scholarly literature on statutory interpretation, the "thrust but parry" pairing of the canons is a delightful demonstration of how legal argument is structured in a way guaranteed to maintain discretion in the judiciary and to keep lawyers in business. No case involving a statute is clear cut because the canons can lend support to either side. This means that no lawyer is without an argument, and a judge is free to do …


Right To Be Present Jan 1992

Right To Be Present

Touro Law Review

No abstract provided.


Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox Jan 1992

Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox

Touro Law Review

No abstract provided.


The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School Nov 1991

The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School

Student Newspapers

No abstract provided.


Confessions, Criminals, And Community, Sheri Lynn Johnson Jul 1991

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Abortion Rights, Eileen Kaufman Jan 1991

Abortion Rights, Eileen Kaufman

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.