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Articles 91 - 108 of 108
Full-Text Articles in Supreme Court of the United States
Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook
Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook
Fordham Urban Law Journal
No abstract provided.
Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman
Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman
Fordham Urban Law Journal
No abstract provided.
The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms, Michael B. De Leeuw
The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms, Michael B. De Leeuw
Fordham Urban Law Journal
No abstract provided.
The Right To Carry Firearms Outside Of The Home: Separating Historical Myths From Historical Realities, Saul Cornell
The Right To Carry Firearms Outside Of The Home: Separating Historical Myths From Historical Realities, Saul Cornell
Fordham Urban Law Journal
No abstract provided.
The Second Amendment In Historiographical Crisis: Why The Supreme Court Must Reevaluate The Embarrassing “Standard Model” Moving Forward, Patrick J. Charles
The Second Amendment In Historiographical Crisis: Why The Supreme Court Must Reevaluate The Embarrassing “Standard Model” Moving Forward, Patrick J. Charles
Fordham Urban Law Journal
No abstract provided.
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink
Fordham Urban Law Journal
No abstract provided.
The Right To Occupy—Occupy Wall Street And The First Amendment, Sarah Kunstler
The Right To Occupy—Occupy Wall Street And The First Amendment, Sarah Kunstler
Fordham Urban Law Journal
No abstract provided.
Skilling Reconsidered: The Legislative-Judicial Dynamic, Honest Services, Fraud, And The Ill-Conceived "Clean Up Government Act", J. Kelly Strader
Skilling Reconsidered: The Legislative-Judicial Dynamic, Honest Services, Fraud, And The Ill-Conceived "Clean Up Government Act", J. Kelly Strader
Fordham Urban Law Journal
No abstract provided.
Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan
Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan
Fordham Urban Law Journal
No abstract provided.
The Concept Of The Speech Platform: Walker V. Texas Division, Abner S. Greene
The Concept Of The Speech Platform: Walker V. Texas Division, Abner S. Greene
Faculty Scholarship
In Walker, the Court deemed Texas’ specialty license plate program government speech, and thus applied no First Amendment review to the state’s refusal to allow a Confederate battle flag specialty plate, even though the reason for the refusal was that the plate was offensive. The dissent considered this unconstitutional viewpoint discrimination in a limited public forum. This article argues that the Walker result was correct, but for the wrong reason. Government should have the power to forbid hateful or vulgar speech from limited public forums such as specialty or vanity license plates, transit ads, and after-school extracurricular activities, even though …
A Secular Test For A Secular Statute, Abner S. Greene
A Secular Test For A Secular Statute, Abner S. Greene
Faculty Scholarship
This short essay argues that a secular test is available to determine what constitutes a “substantial burden” on religious exercise under the Religious Freedom Restoration Act. It takes issue with the Court’s approach that is more deferential to the claimant, and with approaches offered by Professors Sepinwall and Helfand. It resists Sepinwall’s argument that proximity in law tracks a subjective sense of complicity, and it takes issue with Helfand’s argument that examining the substantiality of burden would implicate the religious question doctrine.
Inherent National Sovereignty Constitutionalism: An Original Understanding Of The U.S. Constitution, Robert J. Kaczorowski
Inherent National Sovereignty Constitutionalism: An Original Understanding Of The U.S. Constitution, Robert J. Kaczorowski
Faculty Scholarship
No abstract provided.
Caperton's Next Generation: Beyond The Bank, Jed H. Shugerman, Debrah L. Basset, Gregory S. Parks, Dmitry Bam, Rex R. Perschbacher
Caperton's Next Generation: Beyond The Bank, Jed H. Shugerman, Debrah L. Basset, Gregory S. Parks, Dmitry Bam, Rex R. Perschbacher
Faculty Scholarship
The article looks at a panel discussion on judicial responsibility and the U.S. Supreme Court's decision in 'Caperton v. A.T. Massey Coal Co.' discussed by several law professionals including Jed Shugerman, Debra Lyn Bassett and Dmitry Bam at a 2014 symposium held in the New York University.
Citations To Foreign Courts -- Illegitimate And Superfluous, Or Unavoidable? Evidence From Europe, Martin Gelter, Mathias M. Siems
Citations To Foreign Courts -- Illegitimate And Superfluous, Or Unavoidable? Evidence From Europe, Martin Gelter, Mathias M. Siems
Faculty Scholarship
The theoretical arguments in favour and against citations to foreign courts have reached a high degree of sophistication. Yet, this debate is often based on merely anecdotal assumptions about the actual use of cross-citations. This article aims to fill this gap. It provides quantitative evidence from ten European supreme courts in order to assess the desirability of such cross-citations. In addition, it examines individual cases qualitatively, developing a taxonomy of cross-citations based on the degree to which courts engage with foreign law. Overall, this article high-lights the often superficial nature of cross-citations in the some courts; yet, it also concludes …
Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller, Richard M. Aborn, Marlene Koury
Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller, Richard M. Aborn, Marlene Koury
Fordham Urban Law Journal
No abstract provided.
Fordham Law & The Supreme Court: Celebrating Our Relationship, Michael M. Martin, Constantine N. Katsoris
Fordham Law & The Supreme Court: Celebrating Our Relationship, Michael M. Martin, Constantine N. Katsoris
Miscellaneous Publications
"Fordham Law School has enjoyed a long and distinguished relationship with the Supreme Court of the United States that dates back more than a century. In 1908, just three years after the Law School's founding, New York State Governor Charles Evans Hughes served as principal speaker at Fordham Law's first commencement ceremony. Hughes would later be appointed Chief Justice of the Supreme Court by President Herbert Hoover."--Michael M. Martin, Interim Dean and Distinguished Professor of Law
Fordham Law & The United States Supreme Court: A Selected Portrait, John D. Feerick, Constantine N. Katsoris, Robert J. Reilly
Fordham Law & The United States Supreme Court: A Selected Portrait, John D. Feerick, Constantine N. Katsoris, Robert J. Reilly
Miscellaneous Publications
"This booklet chronicles one aspect of our history: tbe relationship between Fordham Law School and the Supreme Court. It expresses the role which the Court and its justices have played in key moments in our progression to an international institution, and it also highlights some of the many members of the Fordham Law School community who have been a part of this evolution. We express to the Court and its justices our deep gratitude."--John D. Feerick, Dean
The Ghost At The Banquet: Slavery, Federalism, And Habeas Corpus For State Prisoners, Marc Arkin
The Ghost At The Banquet: Slavery, Federalism, And Habeas Corpus For State Prisoners, Marc Arkin
Faculty Scholarship
No abstract provided.