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Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates 2013 University of Maryland Francis King Carey School of Law

Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates

Maryland Law Review

No abstract provided.


Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles C. Jalloh 2013 International Criminal Court

Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles C. Jalloh

Articles

This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before …


Protecting The Innocent - The Need To Adapt Federal Asset Forfeiture Laws To Protect The Interests Of Third Parties In Digital Asset Seizures, Elizabeth Friedler 2013 Benjamin N. Cardozo School of Law

Protecting The Innocent - The Need To Adapt Federal Asset Forfeiture Laws To Protect The Interests Of Third Parties In Digital Asset Seizures, Elizabeth Friedler

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Sex-Parate But Equal? The Legality Of Single-Sex Public Schools And Their Discriminatory Effect On Transgender Students, Bryana Turner 2013 Benjamin N. Cardozo School of Law

Sex-Parate But Equal? The Legality Of Single-Sex Public Schools And Their Discriminatory Effect On Transgender Students, Bryana Turner

Cardozo Journal of Equal Rights & Social Justice

The note argues that single-sex public schools are both legally problematic and harmful, particularly to transgender students. It contends that such schools violate Title IX of the Education Amendments of 1972 and are unconstitutional under the precedent set by Brown v. Board of Education. The analysis highlights the discriminatory effects of single-sex education, which perpetuates gender stereotypes and fails to accommodate transgender students, who are disproportionately affected by such policies.


Waiving Goodbye To Due Process: The Juvenile Waiver System, Rachel Jacobs 2013 Benjamin N. Cardozo School of Law

Waiving Goodbye To Due Process: The Juvenile Waiver System, Rachel Jacobs

Cardozo Journal of Equal Rights & Social Justice

The juvenile waiver system is flawed as it arbitrarily subjects minors to adult criminal proceedings, disregarding their potential for rehabilitation and violating their due process rights. The system must be reformed to ensure fair, individualized assessments and protect juveniles' rights.


How Congress Could Defend Doma In Court (And Why The Blag Cannot), Matthew I. Hall 2013 University of Georgia School of Law

How Congress Could Defend Doma In Court (And Why The Blag Cannot), Matthew I. Hall

Scholarly Works

In one of the most closely watched litigation matters in recent years, the Supreme Court will soon consider Edith Windsor's challenge to the Defense of Marriage Act (DOMA). The Court surprised many observers by granting certiorari, not only on the merits of Windsor's equal protection and due process claims, but also on the question whether the defendants — the United States and the Bipartisan Legal Advisory Group of the House of Representatives (the BLAG) — have Article III standing to defend DOMA. The United States has agreed with plaintiffs that DOMA is unconstitutional, prompting the BLAG to intervene for the …


Sentencias Trascendentales Del Tribunal Supremo De Los Estados Unidos. Pasos Hacia La Igualdad Del Matrimonio Para Parejas Del Mismo Sexo, Julie A. Davies 2013 Pacific McGeorge School of Law

Sentencias Trascendentales Del Tribunal Supremo De Los Estados Unidos. Pasos Hacia La Igualdad Del Matrimonio Para Parejas Del Mismo Sexo, Julie A. Davies

McGeorge School of Law Scholarly Articles

In 2013, the United States Supreme Court decided two major cases on marriage equality – U.S. v. Windsor and Hollingsworth v. Perry. These cases paved the way for the Court’s eventual decision in 2015, in Obergefell v. Hodges, that the Constitution requires that states permit same-sex marriage. This article analyzes those precedents for an audience of Spanish-speaking legal professionals and academics seeking to understand the basis for the Court’s decisions.


Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process?: An Empirical Inquiry, Tamara Rice, Justin McCrary 2013 University of Miami School of Law

Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process?: An Empirical Inquiry, Tamara Rice, Justin Mccrary

Faculty Scholarship

In 1997, the Supreme Court held that the sexually violent predator (SVP) act in Kansas did not violate double jeopardy or substantive due process even though it indefinitely commits an individual to a locked state-run facility after that individual has completed a maximum prison term. In this article, we question a core empirical foundation for the Court’s holding in Hendricks: that SVPs are so dangerous that they will commit repeat acts of sexual violence if they are not confined. Our findings suggest that SVP laws have had no discernible impact on the incidence of sex crimes. These results challenge …


Criminalization In Shades Of Color: Prosecuting Pregnant Drugaddicted Women, Carla-Michelle Adams 2013 Newman Law Firm P.A.

Criminalization In Shades Of Color: Prosecuting Pregnant Drugaddicted Women, Carla-Michelle Adams

Cardozo Journal of Equal Rights & Social Justice

The article argues that criminalizing pregnant women for drug use is both unconstitutional and ineffective. It contends that such prosecutions infringe upon fundamental rights, disproportionately affect minority women, and fail to address the root causes of addiction. The author advocates for a public health approach, emphasizing treatment over punishment to protect both the mother and the fetus.


Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr. 2013 University of Richmond

Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr.

Law Faculty Publications

Reconstruction Amendments says about the nature of American citizenship. The essay is organized as follows. Part I of the essay explores citizenship and membership by discussing belonging-based citizenship and rights-based citizenship. Part II describes how American and African American citizenship were constructed prior to the passage of the Reconstruction Amendments. Part III notes a few cases to explain how the Reconstruction Amendment's jurisprudence has developed in the wake of Dred Scott v. Sandford' and possibly led to a tilt toward a rights-based citizenship rather than a somewhat more robust belonging-based citizenship.


The Regulation Of Race In Science, Kimani Paul-Emile 2013 Fordham University School of Law

The Regulation Of Race In Science, Kimani Paul-Emile

Faculty Scholarship

The overwhelming majority of biological scientists agree that there is no such thing as race among modern humans. Yet, scientists regularly deploy race in their studies, and federal laws and regulations currently mandate the use of racial categories in biomedical research. Legal commentators have tried to make sense of this paradox primarily by looking to equal protection strict scrutiny analysis. However, the colorblind approach that attends this doctrine — which many regard as synonymous with invalidation — does not offer a particularly useful way to think about the use of race in research. It offers no way to address how …


Rethinking Section Five: Deference, Direct Regulation, And Restoring Congressional Authority To Enforce The Fourteenth Amendment, Tiffany C. Graham 2013 Touro University Jacob D. Fuchsberg Law Center

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 …


Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck III 2012 William & Mary Law School

Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii

Appellate and Supreme Court Clinic

No abstract provided.


Court Of Appeals Of New York - People V. White, Rosalinde Casalini 2012 Touro University Jacob D. Fuchsberg Law Center

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 2012 Touro University Jacob D. Fuchsberg Law Center

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 2012 Touro University Jacob D. Fuchsberg Law Center

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 2012 Touro University Jacob D. Fuchsberg Law Center

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

Touro Law Review

No abstract provided.


Do You Hear What I Hear?: The Right Of Prospective Parents To Use Pgd To Intentionally Implant An Embryo Containing The Gene For Deafness, Sarah Aviles 2012 William & Mary Law School

Do You Hear What I Hear?: The Right Of Prospective Parents To Use Pgd To Intentionally Implant An Embryo Containing The Gene For Deafness, Sarah Aviles

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson 2012 Pepperdine University

National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson

Pepperdine Law Review

No abstract provided.


An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson 2012 Pepperdine University

An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson

Pepperdine Law Review

No abstract provided.


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