Fourteenth Amendment Commons^™

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.

Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan

Touro Law Review

No abstract provided.

Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson

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

Touro Law Review

No abstract provided.

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

Touro Law Review

No abstract provided.

¿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 …

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.

Special Populations: Mobilization For Change

Touro Law Review

This Article is based on a transcript of a break-out discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March 2008. The discussion was moderated by Karen L. Nicolson, Michael Williams, and Toby Golick.

This Article assesses the needs of various special populations and the possible strategies and solutions to create change through enacting a civil right to counsel. The Article is intended to capture information and viewpoints of the people who participated in the break-out discussion …

Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman

Touro Law Review

In Goldberg v. Kelly, the Supreme Court held that welfare recipients have a right under the Due Process Clause to notice and a meaningful opportunity to be heard before the state may terminate assistance. However, the Court stopped short of holding due process requires states to appoint counsel to represent claimants at these constitutionally mandated hearings. As a result, in the vast majority of administrative hearings involving welfare benefits, claimants- desperately poor, and often with little formal education- must appear pro se while trained advocates represent the government. Drawing on the theory of underenforced constitutional norms, first articulated by Dean …

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Touro Law Review

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.

Rethinking Section Five: Deference, Direct Regulation, And Restoring Congressional Authority To Enforce The Fourteenth Amendment, Tiffany C. Graham

Scholarly Works

After the Supreme Court's decision in City of Boerne v. Flores, the Court worked systematically to undermine the scope of Congress's regulatory authority under Section 5 of the Fourteenth Amendment. The Court did this as part of the neo-federalist revival, in an effort to restrain congressional power in favor of elevating state power against federal intrusion. The Court took this route in restraining various powers, among them the powers granted to Congress under Article I of the U.S. Constitution. Arguably, though, the effort to restrain Congress was most pronounced in the arena of Section 5. In this Article, I argue …

Court Of Appeals Of New York - People V. White, Rosalinde Casalini

Touro Law Review

No abstract provided.

Appellate Division, First Department - People V. Boyd, Joseph M. D'Amico

Touro Law Review

No abstract provided.

Appellate Division, Fourth Department - People V. Buchanan, Jacqulyn Vann

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - People V. Luciano, Natasha Shishov

Touro Law Review

No abstract provided.

Superheroes, Bandits, And Cyber-Nerds: Exploring The History And Contemporary Development Of The Vigilante, Stephanie Juliano

Scholarly Works

This article will first discuss what defines a vigilante, the history of vigilantes, and the contemporary vigilante's effect on the legal system as a whole. Also, this article will focus on those scenarios that bring an ordinary person to react in an illegal way to a perceived injustice. In focusing on these scenarios, this article will examine a little more closely the answers of deeper questions about the nature of law and justice, and their roles in the accelerating world of new media.

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."

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"

The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron

Scholarly Works

No abstract provided.

Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo

Journal of Race, Gender, and Ethnicity

No abstract provided.

Gender Autonomy, Transgender Identity And Substantive Due Process: Finding A Rational Basis For Lawrence V. Texas, Jillian T. Weiss

Journal of Race, Gender, and Ethnicity

No abstract provided.

Felon Disenfranchisement As A Legitimate State Regulation, Boyoung Kang

Journal of Race, Gender, and Ethnicity

No abstract provided.

Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz

Touro Law Review

No abstract provided.

From Enemies Of The Crown To Regional Telephone Companies: Bills Of Attainder Reappraised, Michael L. Landsman

Touro Law Review

No abstract provided.

The Politics Of Race On The Electronic Highway: An Analysis Of The Video Dialtone Redlining Cases, And The Nynex Consent Decree In Roxbury, Madeleine Mercedes Plasencia

Touro Law Review

No abstract provided.

53 Years In The Struggle For Equal Rights: An African-American Jurist's Life In The Law (Equal Justice Under The Law: An Autobiography By Constance Baker Motley), Lancelot B. Hewitt

Touro Law Review

No abstract provided.

Race As Resistance: Racial Identity As More Than Ancestral Heritage, Chris K. Iijima

Touro Law Review

No abstract provided.

Hopwood, Equal Protection, And Affirmative Action: Can Anyone's Ox Be Gored?, David J. Jannuzzi

Touro Law Review

No abstract provided.

Due Process, Court Of Appeals: People V. Thompson

Touro Law Review

No abstract provided.