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Articles 61 - 90 of 171
Full-Text Articles in Jurisprudence
The Praise Of Silly: Critical Legal Studies And The Roberts Court, James F. Lucarello
The Praise Of Silly: Critical Legal Studies And The Roberts Court, James F. Lucarello
Touro Law Review
This Comment demonstrates that the Supreme Court is lying to you in its opinions. Why is it lying? The short answer to this question is quite simple: It is being silly.
There is nothing inherently wrong with being silly. In fact, some praise silliness, as a heightened and healthy understanding of the indeterminate world that incorporates our reality. Silliness, how ever, is only praise-worthy when it is understood and utilized purposefully. The silliness of most of the Justices on the Supreme Court, on the other hand, is a product of self-delusion and fundamentalism, which makes their silliness not silly at …
Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii
Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii
Touro Law Review
Several employment discrimination decisions were handed down this Term. They were Ricci v.DeStefano (Title VII); Gross v.FBL Financial Services, Inc. (Age Discrimination in Employment Act); AT & T Corp. v. Hulteen (Pregnancy Discrimination Act); and 14 Penn Plaza L.L. C. v. Pyett, which concerned the impact of arbitration agreements upon the reach of federal employment discrimination laws.
The October 2008 Term: First Amendment And Then Some, Burt Neuborne
The October 2008 Term: First Amendment And Then Some, Burt Neuborne
Touro Law Review
Liberals must acknowledge a dirty little secret about American constitutional law; a secret that the Warren Court made apparent, though it had existed from the day John Marshall asserted the power of judicial review in a Constitution that says nothing about it. The secret is that there is no serious theory explaining or justifying what courts actually do when they strike down a statute as unconstitutional.
The Warren years were enormously important in moving the country forward. I do not know what we would have done without the wisdom and courage of the Court. But when you start looking for …
A Passion For Justice, Charles A. Reich
A Passion For Justice, Charles A. Reich
Touro Law Review
What makes a good judge or justice? The public has a need to know. But simplistic labels, such as "activist," "liberal" and "conservative," are both meaningless and misleading. Perhaps aformer law clerk can offer a different perspective.
I served with David J. Vann as law clerk to Justice Hugo L.Black during the momentous 1953 Term of the Supreme Court. This was the year when Brown v. Board of Education was decided. It was also the year when Chief Justice Vinson died and was replaced by the Governor of California, Earl Warren. And it was also a year in which the …
New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein
Touro Law Review
No abstract provided.
Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz
Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz
Touro Law Review
Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes individuals to enforce their constitutional rights against state and local officials; for example,prison officers and police officers, and against municipalities. It is the most important civil statute in American law. To its credit, the United States Supreme Court understands the significance of § 1983.
For the past three decades, in virtually every single Term of theCourt, it has decided a substantial number of cases dealing with different facets of § 1983 litigation. Last Term, there was anunusual number of § 1983 decisions rendered by the United States …
From Enemies Of The Crown To Regional Telephone Companies: Bills Of Attainder Reappraised, Michael L. Landsman
From Enemies Of The Crown To Regional Telephone Companies: Bills Of Attainder Reappraised, Michael L. Landsman
Touro Law Review
No abstract provided.
Immediate Accessibility Or Mere Transport: The Dueling Interpretations Of The "Carrying" Element Of 18 U.S.C. § 924 (C)(1), Laurette Domingo Mulry
Immediate Accessibility Or Mere Transport: The Dueling Interpretations Of The "Carrying" Element Of 18 U.S.C. § 924 (C)(1), Laurette Domingo Mulry
Touro Law Review
No abstract provided.
Right To Trial By Jury, Court Of Appeals People V. Page
Right To Trial By Jury, Court Of Appeals People V. Page
Touro Law Review
No abstract provided.
Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins
Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals, People V. Quackenbush
Search And Seizure, Court Of Appeals, People V. Quackenbush
Touro Law Review
No abstract provided.
"Doubts About Our Processes": Richard D. Simons And The Jurisprudence Of Restraint In State Constitutional Analysis, David E. Mccraw
"Doubts About Our Processes": Richard D. Simons And The Jurisprudence Of Restraint In State Constitutional Analysis, David E. Mccraw
Touro Law Review
No abstract provided.
The First Amendment In The Supreme Court: The Future Lies Ahead, Dean Joel M. Gora
The First Amendment In The Supreme Court: The Future Lies Ahead, Dean Joel M. Gora
Touro Law Review
No abstract provided.
Things Judges Do: State Statutory Interpretation, Judith S. Kaye
Things Judges Do: State Statutory Interpretation, Judith S. Kaye
Touro Law Review
No abstract provided.
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals, People V. Batista
Search And Seizure, Court Of Appeals, People V. Batista
Touro Law Review
No abstract provided.
Rule 608: Evidence Of Character And Conduct Of Witnesses
Rule 608: Evidence Of Character And Conduct Of Witnesses
Touro Law Review
No abstract provided.
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Touro Law Review
No abstract provided.
Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three-Pronged Test?, Thomas A. Schweitzer
Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three-Pronged Test?, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
A Note To Our Readers, The Editors
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Touro Law Review
No abstract provided.