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35,010 full-text articles. Page 689 of 902.

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton 2014 Duke University Law School

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Touro Law Review

No abstract provided.


An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky 2014 Duke University Law School

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Resolving The Alj Quandary, Kent Barnett 2014 Pepperdine University

Resolving The Alj Quandary, Kent Barnett

Journal of the National Association of Administrative Law Judiciary

Three competing constitutional and practical concerns surround federal administrative law judges (“ALJs”), who preside over all formal adjudications within the executive branch. First, if ALJs are “inferior Officers” (not mere employees), as five current Supreme Court Justices have suggested, the current method of selecting many ALJs likely violates the Appointments Clause. Second, a recent U.S. Supreme Court decision reserved the question whether the statutory protections that prevent ALJs from being fired at will impermissibly impinge upon the President’s supervisory power under Article II. Third, these same protections from removal may, on the other hand, be too limited to satisfy impartiality …


Final Decision Authority And The Central Panel Alj, Larry J. Craddock 2014 Pepperdine University

Final Decision Authority And The Central Panel Alj, Larry J. Craddock

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


May 5, 2014: A Brain Dead Decision, Bruce Ledewitz 2014 Duquesne University

May 5, 2014: A Brain Dead Decision, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Brain Dead Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 3, 2014: The End Of The American Experiment, Bruce Ledewitz 2014 Duquesne University

May 3, 2014: The End Of The American Experiment, Bruce Ledewitz

Hallowed Secularism

Blog post, “The End of the American Experiment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen 2014 Touro University Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - New York Ex Rel. Harkavy V. Consilvio, Sardar Asadullah 2014 Touro University Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York - New York Ex Rel. Harkavy V. Consilvio, Sardar Asadullah

Touro Law Review

No abstract provided.


Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx 2014 Touro University Jacob D. Fuchsberg Law Center

Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. Ramchair, Joseph Maehr 2014 Touro University Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York - People V. Ramchair, Joseph Maehr

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. Nieves-Andino, Jason Gines 2014 Touro University Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York - People V. Nieves-Andino, Jason Gines

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. Gajadhar, Joseph Maehr 2014 Touro University Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York - People V. Gajadhar, Joseph Maehr

Touro Law Review

No abstract provided.


Family Court Of New York, Nassau County - In Re S.S., Steven Fox 2014 Touro University Jacob D. Fuchsberg Law Center

Family Court Of New York, Nassau County - In Re S.S., Steven Fox

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - Polito V. Walsh, William Pike 2014 Touro University Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York - Polito V. Walsh, William Pike

Touro Law Review

No abstract provided.


Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah 2014 Touro University Jacob D. Fuchsberg Law Center

Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah

Touro Law Review

No abstract provided.


Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman 2014 Touro University Jacob D. Fuchsberg Law Center

Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman

Touro Law Review

No abstract provided.


Supreme Court Of New York Appellate Division, Third Department - Kings Mall, Llc V. Wenk, Steven Fox 2014 Touro University Jacob D. Fuchsberg Law Center

Supreme Court Of New York Appellate Division, Third Department - Kings Mall, Llc V. Wenk, Steven Fox

Touro Law Review

No abstract provided.


The Least Activist Supreme Court In History? The Roberts Court And The Exercise Of Judicial Review, Keith E. Whittington 2014 Princeton University

The Least Activist Supreme Court In History? The Roberts Court And The Exercise Of Judicial Review, Keith E. Whittington

Notre Dame Law Review

Not too many years ago, scholars could reasonably speak of the U.S. Supreme Court as being among the most activist in American history. Both empirical and normative scholarship was driven by the sense of a Court that was aggressive in the assertion of its own supremacy and active in the exercise of the power of judicial review. The Court under Chief Justice John Roberts cannot be viewed in the same way. The Roberts Court has issued its share of controversial constitutional decisions, but a rarely observed but important feature of the Roberts Court is its unusual restraint in the exercise …


The "Constitution In Exile" As A Problem For Legal Theory, Stephen E. Sachs 2014 Duke University School of Law

The "Constitution In Exile" As A Problem For Legal Theory, Stephen E. Sachs

Notre Dame Law Review

How does one defend a constitutional theory that’s out of the mainstream? Critics of originalism, for example, have described it as a nefarious “Constitution in Exile,” a plot to impose abandoned rules on the unsuspecting public. This framing is largely mythical, but it raises a serious objection. If a theory asks us to change our legal practices, leaving important questions to academics or historians, how can it be a theory of our law? If law is a matter of social convention, how can there be conventions that hardly anybody knows about? How is a constitution in exile even possible?

This …


From Progressivism To Modern Liberalism: Louis D. Brandeis As A Transitional Figure In Constitutional Law, David E. Bernstein 2014 George Mason University School of Law

From Progressivism To Modern Liberalism: Louis D. Brandeis As A Transitional Figure In Constitutional Law, David E. Bernstein

Notre Dame Law Review

Part I of this Article discusses Brandeis’s many deviations from civil libertarianism as it came to be understood in the post–New Deal period. These deviations include his acquiescence to coercive eugenics, his general lack of interest in African American rights, his support for protective labor legislation for women and concomitant disregard for women’s legal equality, his toleration of government abuses attendant to Prohibition enforcement, and his desire to repeal the Fourteenth Amendment. Part II shows that despite these deviations, Brandeis had a significantly stronger record on civil liberties as a Supreme Court Justice than one would expect from someone of …


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