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3,180 full-text articles. Page 58 of 84.

The Promise Of America, Joseph A. Greenaway Jr. 2016 United States Court of Appeals for the Third Circuit

The Promise Of America, Joseph A. Greenaway Jr.

Cardozo Law Review

No abstract provided.


Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones 2016 University of Maryland School of Law

Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones

Washington and Lee Law Review

No abstract provided.


Combining Constitutional Clauses, Michael Coenen 2016 Louisiana State University Law Center

Combining Constitutional Clauses, Michael Coenen

Journal Articles

No abstract provided.


Due Process And Fundamental Rights, Martin A. Schwartz 2016 Touro Law Center

Due Process And Fundamental Rights, Martin A. Schwartz

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, Masi Management Inc., V. Town Of Ogden, Courtney Aronowsky 2016 Touro University Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, Masi Management Inc., V. Town Of Ogden, Courtney Aronowsky

Touro Law Review

No abstract provided.


Appellate Division, First Department, Bertoldi V. New York, Sharon Ryan 2016 Touro University Jacob D. Fuchsberg Law Center

Appellate Division, First Department, Bertoldi V. New York, Sharon Ryan

Touro Law Review

No abstract provided.


City Court, Watertown New York, People V. Rogers, Lisa Bartolomeo 2016 Touro University Jacob D. Fuchsberg Law Center

City Court, Watertown New York, People V. Rogers, Lisa Bartolomeo

Touro Law Review

No abstract provided.


Supreme Court, Monroe County, People V. Owens, Wendy Holland 2016 Touro University Jacob D. Fuchsberg Law Center

Supreme Court, Monroe County, People V. Owens, Wendy Holland

Touro Law Review

No abstract provided.


United States Court Of Appeals Second Circuit, Seabrook V. City Of New York, Wendy Holland 2016 Touro University Jacob D. Fuchsberg Law Center

United States Court Of Appeals Second Circuit, Seabrook V. City Of New York, Wendy Holland

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. David, Courtney Blakeslee 2016 Touro University Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. David, Courtney Blakeslee

Touro Law Review

No abstract provided.


Brief Of The Catholic University Of America School Of Canon Law, The Lutheran Church-Missouri Synod, The Queens Federation Of Churches, And The Serbian Orthodox Church In North And South America, As Amici Curiae In Support Of Petitioners, Richard W. Garnett, David H. Hyams 2016 Notre Dame Law School

Brief Of The Catholic University Of America School Of Canon Law, The Lutheran Church-Missouri Synod, The Queens Federation Of Churches, And The Serbian Orthodox Church In North And South America, As Amici Curiae In Support Of Petitioners, Richard W. Garnett, David H. Hyams

Court Briefs

No. 15.1005
Chabad-Lubavitch of Michigan v. Dr. Dov Schuchman

On Petition for a Writ of Ceriorari to the Supreme Court of Michigan

This brief addresses the importance of the principle of church autonomy and the protections provided by the First and Fourteenth Amendments and this Court's precedents regarding religious denominations' internal mandatory dispute-resolution procedures.


Why The Right To Elective Abortion Fails Casey'S Own Interest-Balancing Methodology—And Why It Matters, Stephen G. Gilles 2016 Quinnipiac University School of Law

Why The Right To Elective Abortion Fails Casey'S Own Interest-Balancing Methodology—And Why It Matters, Stephen G. Gilles

Notre Dame Law Review

Casey adopted a new, interest-balancing framework for the right to elective abortion while preserving the core of that right. But by declining to address whether the right to elective abortion can be justified in interest-balancing terms, Casey opened the door to unduly stringent applications of the undue-burden standard and, no less importantly, to future extensions of the right. By ruling that the state’s interest in protecting pre-viable fetal life outweighs the woman’s interest in an elective abortion, while preserving that right on stare decisis grounds, the Court could ensure that the balance it struck in Casey—and that “was central …


No Better Instrument: The Necessity Of Notice And An Opportunity To Be Heard And The Due Process Deficiencies Of Nuisance Abatement, Elise Bernlohr 2016 Benjamin N. Cardozo School of Law

No Better Instrument: The Necessity Of Notice And An Opportunity To Be Heard And The Due Process Deficiencies Of Nuisance Abatement, Elise Bernlohr

Cardozo Law Review

No abstract provided.


The Erosion Of The Rule Of Law When A State Attorney General Refuses To Defend The Constitutionality Of Controversial Laws, Rena M. Lindevaldsen 2016 Barry University School of Law

The Erosion Of The Rule Of Law When A State Attorney General Refuses To Defend The Constitutionality Of Controversial Laws, Rena M. Lindevaldsen

Barry Law Review

No abstract provided.


Martin Luther King, Jr. Celebration Keynote Address: The Honorable Carlton W. Reeves, United States District Court For The Southern District Of Mississippi, Roger Williams University School of Law 2016 Roger Williams University

Martin Luther King, Jr. Celebration Keynote Address: The Honorable Carlton W. Reeves, United States District Court For The Southern District Of Mississippi, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Voting Is Association, Daniel P. Tokaji 2016 The Ohio State University Moritz College of Law

Voting Is Association, Daniel P. Tokaji

Florida State University Law Review

No abstract provided.


Missed Opportunities: The Unrealized Equal Protection Framework In Maher V. Roe And Harris V. Mcrae, Amelia Bailey 2016 University of Michigan School of Law

Missed Opportunities: The Unrealized Equal Protection Framework In Maher V. Roe And Harris V. Mcrae, Amelia Bailey

Michigan Journal of Gender & Law

This Note focuses on two cases, Maher v. Roe and Harris v. McRae, and argues that they represent watershed moments in the reproductive rights movement because they positioned abortion as a fundamental right in name only. In both cases, the Supreme Court sanctioned severe funding restrictions and refused to grant poor women the right to state and federal assistance for elective and “nontherapeutic” abortions. “Non-therapeutic abortion” refers to those abortions performed or induced when the life of the mother is not endangered if the fetus is carried to term or when the pregnancy of the mother is not the …


Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra 2016 Barry University

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Faculty Scholarship

No abstract provided.


The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby 2016 Brooklyn Law School

The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby

Brooklyn Law Review

As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …


Shock Incarceration And Parole: A Process Without Process, Adam Yefet 2016 Brooklyn Law School

Shock Incarceration And Parole: A Process Without Process, Adam Yefet

Brooklyn Law Review

The idea that an inmate could possess a liberty interest in parole is a relatively recent development in Fourteenth Amendment law. It was not until 1979, in Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, that the Supreme Court examined Nebraska’s parole scheme and found that inmates could have a liberty interest in parole. The primary implication of Greenholtz was that parole statutes that contained certain mandatory language could confer upon inmates a liberty interest in parole. Applying the Greenholtz analysis, numerous parole schemes across the country were held to create a liberty interest and to require …


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