Part of the Constitutional Law Commons

Works in Constitutional Law

2022

Countermajoritarian Criminal Law, Michael L. Smith
Pace Law Review

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Mutually Intelligible Principles?, Andrew J. Ziaja
Pace Law Review

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The Emergency Next Time, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications

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Cruel and Unusual Punishment: The Eighth Amendment and ICE Detainees in the COVID-19 Crisis, Nechelle Nicholas
Pace Law Review

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NYS Bar Association Annual Meeting Lecture Outline: The New Environmental Rights in NY’s Constitutional Bill of Rights, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications

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2021

Comparative Judicialism, Popular Sovereignty, and the Rule of Law: The US and UK Supreme Courts, Lissa Griffin, Thomas Kidney
Elisabeth Haub School of Law Faculty Publications

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Compared to What? Menstruation, Pregnancy, and the Complexities of Comparison, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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Menstruation and the Bar Exam: Unconstitutional Tampon Bans, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications

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2020

The Fossil Fuel Industry’s Push to Target Climate Protesters in the U.S., Grace Nosek
Pace Environmental Law Review

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Death of Dillon’s Rule: Local Autonomy to Control Land Use, John R. Nolon
Elisabeth Haub School of Law Faculty Publications

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America's Newest Boogeyman for Deviant Teen Behavior: Violent Video Games and the First Amendment, Joseph C. Alfe, Grant D. Talabay
Pace Intellectual Property, Sports & Entertainment Law Forum

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The Common Law as a Force for Women, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications

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Constitutionalizing Nature's Law: Dignity and the Regulation of Biotechnology in Switzerland, James Toomey
Elisabeth Haub School of Law Faculty Publications

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Dehumanization 'Because of Sex': The Multiaxial Approach to the Title VII Rights of Sexual Minorities, Shirley Lin
Elisabeth Haub School of Law Faculty Publications

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2019

Presidential War Powers and Humanitarian Intervention, Michael J. Sherman
Pace Law Review

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Protecting Natural Resources - Forever: The Obligations of State Officials to Uphold "Forever" Constitutional Provisions, Rachel E. Deming
Pace Environmental Law Review

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Establishing Climate Change Standing: A New Approach, Ian R. Curry
Pace Environmental Law Review

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Social Media, Venue and the Right to a Fair Trial, Leslie Y. Garfield Tenzer
Elisabeth Haub School of Law Faculty Publications

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Freedom of Religion and Belief in India and Australia: An Introductory Comparative Assessment of Two Federal Constitutional Democracies, Paul T. Babie, Arvind P. Bhanu
Pace Law Review

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Comrades or Foes: Did the Russians Break the Law or New Ground for the First Amendment?, Artem M. Joukov, Samantha M. Caspar
Pace Law Review

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The Forgotten Unitary Executive Power: The Textualist, Originalist, and Functionalist Opinions Clause, Zachary J. Murray
Pace Law Review

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How the United States Stopped Being a Pirate Nation and Learned to Love International Copyright, John A. Rothchild
Pace Law Review

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Walking Out: Schools, Students, and Civil Disobedience, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications

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The Supreme Court, Due Process and State Income Taxation of Trusts, Bridget J. Crawford, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications

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The Unconstitutional Tampon Tax, Bridget J. Crawford, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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Ministerial Magic: Tax-Free Housing and Religious Employers, Bridget J. Crawford, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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2018

President Trump’s Unilateral Attempt to Cease All Implementation of the Paris Agreement and to Withdraw from It: Constitutional?, Phillip M. Kannan
Pace Environmental Law Review

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Pennsylvania Gas: Trusts, Takings, and Judicial Temperaments, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications

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The U.S Constitution: The Original American Dream, Judith S. Kaye
Pace Law Review

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The Unconstitutionality of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr.
Pace Law Review

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No More Tiers? Proportionality as an Alternative to Multiple Levels of Scrutiny in Individual Rights Cases, Donald L. Beschle
Pace Law Review

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The Federal Criminal Forfeiture Statute: Reining in The Government’s Previously Unbridled Ability to Seize Pretrial Assets, Kristyn Fleming Francese
Pace Law Review

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New York Breaks Gideon’s Promise, Rebecca King
Pace Law Review

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Religion Lessons from Europe: Intolerant Secularism, Pluralistic Neutrality, and the U.S. Supreme Court, Antony Barone Kolenc
Pace International Law Review

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Fourth & Inches: Marking the Line of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. McGinty
Pace Intellectual Property, Sports & Entertainment Law Forum

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Fair Use and First Amendment: Without Fair Use, What Would You Freely Speak About?, Adam Blaier
Pace Intellectual Property, Sports & Entertainment Law Forum

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2017

2017 National Environmental Moot Court Competition Problem,
Pace Environmental Law Review Online Companion

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2017 Bench Memorandum,
Pace Environmental Law Review Online Companion

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Measuring Brief (U.S. Fish & Wildlife Service), David Sheaffer, Caitlin Brown, Jacob Simon
Pace Environmental Law Review Online Companion

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Measuring Brief (Brittain County, New Union), Spencer Newman, Davis Vaughn
Pace Environmental Law Review Online Companion

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Measuring Brief (Cordelia Lear), Haley Chee, Mahesh Cleveland, Kevin Yolken
Pace Environmental Law Review Online Companion

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Environmental Human Rights in New York’s Constitution, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications

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Hope vs. Fear: The Debate Over a State Constitutional Convention, Henry M. Greenberg
Pace Law Review

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The Amending Clause in the New York Constitution and Conventionphobia, Gerald Benjamin
Pace Law Review

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Unusual “Politics as Usual”: The 2017 Ballot Proposition Calling for a Constitutional Convention in New York, Peter J. Galie
Pace Law Review

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Constitutionalizing Ethics, Bennett L. Gershman
Pace Law Review

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The Road to a Constitutional Convention: Reforming the New York State Unified Court System and Expanding Access to Civil Justice, Jonathan Lippman
Pace Law Review

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The Constitutional Convention and Court Merger in New York State, Jay C. Carlisle, Matthew J. Shock
Pace Law Review

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Home Rule in New York: The Need for a Change, Michael A. Cardozo, Zachary W. Klinger
Pace Law Review

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Subnational Environmental Constitutionalism and Reform in New York State, James R. May
Pace Law Review

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Updating New York’s Constitutional Environmental Rights, Nicholas A. Robinson
Pace Law Review

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Report and Recommendations Concerning Environmental Aspects of the New York State Constitution, New York State Bar Association Environmental and Energy Law Section
Pace Law Review

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Rethinking Riley: Applying Commensurate and Intermediate Scrutiny Standards to Judicial Evaluation of Charitable Solicitation Regulation, James J. Fishman
Elisabeth Haub School of Law Faculty Publications

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Let’s Be Reasonable: Why Neither Nollan/Dolan nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen
Pace Environmental Law Review

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Sony, Cyber Security, and Free Speech: Preserving the First Amendment in the Modern World, Conrad Wilton
Pace Intellectual Property, Sports & Entertainment Law Forum

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On the Categorical Approach to Free Speech – And the Protracted Failure to Delimit the True Threats Exception to the First Amendment, Wayne Batchis
Pace Law Review

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Aging Injunctions and the Legacy of Institutional Reform Litigation, Jason Parkin
Elisabeth Haub School of Law Faculty Publications

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2016

Cell Phone Searches After Riley: Establishing Probable Cause and Applying Search Warrant Exceptions, Erica L. Danielsen
Pace Law Review

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Resilience and Raisins: Partial Takings and Coastal Climate Change Adaptation, Joshua Ulan Galperin, Zaheer Tajani
Elisabeth Haub School of Law Faculty Publications

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Raisins and Resilience: Elaborating Home's Compensation Analysis with an Eye to Coastal Climate Change Adaptation, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications

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2015

You Have the Right to Be Confused! Understanding Miranda After 50 Years, Bryan Taylor
Pace Law Review

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How to Avoid Constitutional Challenges to State Based Climate Change Initiatives: A Case Study of Rocky Mountain Farmers Union v. Corey and New York State Programs, Lauren Baron
Pace Environmental Law Review

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Arguments in Support of A Constitutional Right to Atmospheric Integrity, Elizabeth Fuller Valentine
Pace Environmental Law Review

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Mixing Law and Equity Causes of Action Does Not Preclude a Jury Trial, Philip M. Halpern
Pace Law Review

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Babies Behind Bars: An Evaluation of Prison Nurseries in American Female Prisons and Their Potential Constitutional Challenges, Seham Elmalak
Pace Law Review

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Tinkering with Success: College Athletes, Social Media and the First Amendment, Mary Margaret Meg Penrose
Pace Law Review

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The Constitution and Revenge Porn, John A. Humbach
Pace Law Review

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Show and Tell?: Students' Personal Lives, Schools, and Parents, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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2014

To Yoder or Not to Yoder? How the Spending Clause Holding in National Federation of Independent Business v. Sebelius Can Be Used to Challenge the No Child Left Behind Act, Christopher Roma
Pace Law Review

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Raped by the System: A Comparison of Prison Rape in the United States and South Africa, Alexandra Ashmont
Pace International Law Review

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Tribes and Race: The Court’s Missed Opportunity in Adoptive Couple v. Baby Girl, Christopher Deluzio
Pace Law Review

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The Exceptional Absence of Human Rights as a Principle in American Law, Mugambi Jouet
Pace Law Review

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The Right to Travel: Breaking Down the Thousand Petty Fortresses of State Self-Deportation Laws, R. Linus Chan
Pace Law Review

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Falling into the TRAP: The Ineffectiveness of ‘Undue Burden’ Analysis in Protecting Women’s Right to Choose, Laura Young
Pace Law Review

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Brown v. Plata: The Struggle to Harmonize Human Dignity with the Constitution, Benjamin F. Krolikowski
Pace Law Review

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Environmental Controversies “Between Two or More States”, Robert D. Cheren
Pace Environmental Law Review

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Due Process Disaggregation, Jason Parkin
Elisabeth Haub School of Law Faculty Publications

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The Paradox of Race-Conscious Labels, Leslie Y. Garfield
Elisabeth Haub School of Law Faculty Publications

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2013

Searches Incident to Arrest and the Aftermath of Arizona v. Gant – A Circuit Split as to Gant’s Applicability to Non-Vehicular Searches, Nicholas De Sena
Pace Law Review

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University Imprimaturs on Student Speech: The Certification Cases, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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The Inevitable Irrelevance of Affirmative Action, Leslie Y. Garfield
Elisabeth Haub School of Law Faculty Publications

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No Jokes About Dope: Morse v. Frederick's Educational Rationale, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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Subverting Brady v. Maryland and Denying a Fair Trial: Studying the Schuelke Report, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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2012

Unlocking the Courthouse Door: Removing the Barrier of the PLRA’s Physical Injury Requirement to Permit Meaningful Judicial Oversight of Abuses in Supermax Prisons and Isolation Units, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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United States v. Stevens: Win, Loss, or Draw for Animals?, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications

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Privacy and the Right of Free Expression, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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Obligatory Health, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications

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Adaptable Due Process, Jason Parkin
Elisabeth Haub School of Law Faculty Publications

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Regulatory Takings and Property Rights Confront Sea Level Rise: How Do They Roll?, John R. Nolon
Elisabeth Haub School of Law Faculty Publications

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The Constitutionality of Citizen Suit Provisions in Federal Environmental Statutes, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications

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Imagining a Right to Housing, Lying in the Interstices, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications

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Government May Not Speak Out-of-Turn, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications

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2011

Educating Prosecutors and Supreme Court Justices About Brady v. Maryland, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Judicial Interference with Effective Assistance of Counsel, Bennett L. Gershman
Pace Law Review

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An Illusory Right to Appeal: Substantial Constitutional Questions at the New York Court of Appeals, Meredith R. Miller
Pace Law Review

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Social Media and the Vanishing Points of Ethical and Constitutional Boundaries, Ken Strutin
Pace Law Review

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From Facebook to Mug Shot: How the Dearth of Social Networking Privacy Rights Revolutionized Online Government Surveillance, Junichi P. Semitsu
Pace Law Review

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An Equal Rights Amendment to Make Women Human, Ann Bartow
Elisabeth Haub School of Law Faculty Publications

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Judicial Interference With Effective Assistance of Counsel, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Legal Realism, Innate Morality, and the Structural Role of the Supreme Court in the U.S. Constitutional Democracy, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications

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Taking Supremacy Seriously: The Contrariety of Official Immunities, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications

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Badmouthing Authority: Hostile Speech About School Officials and the Limits of School Restrictions, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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Students' Fourth Amendment Rights in Schools: Strip Searches, Drug Tests, and More, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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Constitutional Rigidity in Kosovo: Significance, Outcomes, and Rationale, Fisnik Korenica, Dren Doli
Pace International Law Review Online Companion

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2010

Teens, Porn, and Video Games: Is It Time to Rethink Ginsberg?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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Is a Mentally Ill Defendant Still Considered Competent to Waive the Right to Counsel in New York After Indiana v. Edwards?, John H. Wilson
Pace Law Review

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Privacy Revisited: GPS Tracking as Search and Seizure, Bennett L. Gershman
Pace Law Review

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Albany's Dysfunction Denies Due Process, Eric Lane, Laura Seago
Pace Law Review

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A Double Blessing, Our State and Federal Constitutions, Judith S. Kaye
Pace Law Review

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“Sexting” and the First Amendment, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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Privacy Revisited: GPS Tracking as Search and Seizure, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Habeas Corpus in Times of Emergency: A Historical and Comparative View, Brian Farrell
Pace International Law Review Online Companion

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The Government-Speech Doctrine: “Recently Minted,” but Counterfeit, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications

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Legalism and Decisionism in Crisis, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications

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Untangling Double Jeopardy in Mixed-Verdict Cases, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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“Hard Strikes and Foul Blows”: Berger v. United States 75 Years After, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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Bad Faith Exception to Prosecutorial Immunity for Brady Violations, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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2009

Rising Tides--Changing Title: Court to Mull Takings Issue, John R. Nolon
Elisabeth Haub School of Law Faculty Publications

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States of Resistance: The REAL ID Act and the Limits of Federal Deputization of State Agencies in the Regulation of Non-Citizens, Shirley Lin
Elisabeth Haub School of Law Faculty Publications

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Reservations About Extending Bivens to Reservations: Seeking Monetary Relief Against Tribal Law Enforcement Officers for Constitutional Violations, Blake R. Bertagna
Pace Law Review

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Confronting Scientific Reports Under Crawford v. Washington, Bennett L. Gershman
Pace Law Review

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Petition Clause Interests and Standing for Judicial Review of Administrative Lawmaking, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications

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Ideological Plaintiffs, Administrative Lawmaking, Standing and the Petition Clause, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications

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A Short Overview of the Statutory Remedies for the Wrongly Convicted: What Works, What Doesn't and Why, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications

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Avoiding Wrongful Convictions: Re-examining the "Wrong-Person" Defense, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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Beyond Torture: The Nemo Tenetur Principle in Borderline Cases, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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The Ideology of Legal Interpretation, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications

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Student Comprehension of Privacy Issues in SNS, Collaborative Project
Dyson College- Seidenberg School of CSIS : Collaborative Projects and Presentations

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2008

Feticide Laws: Contemporary Legal Applications and Constitutional Inquiries, Marka B. Fleming
Pace Law Review

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The Insanity of the Mens Rea Model: Due Process and the Abolition of the Insanity Defense, Jean K. Gilles Phillips, Rebecca E. Woodman
Pace Law Review

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A Post-Morse Framework for Students' Potentially Hurtful Speech (Religious and Otherwise), Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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Returning to Hazelwood's Core: A New Approach to Restrictions on School-Sponsored Speech, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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2007

The Glass Half Full: Envisioning the Future of Race Preference Policies, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications

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A Square Peg and a Round Hole: The Application of Weingarten Rights to Employee Drug and Alcohol and Alcohol Testing, Daniel V. Johns
Pace Law Review

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A Sign-Post Without Any Sense of Direction: The Supreme Court's Dance around the Inevitable Discovery Doctrine and the Exclusionary Rule in Hudson v. Michigan, David A. Stuart
Pace Law Review

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A Warning to States — Accepting this Invitation May Be Hazardous to Your Health (Safety, and Public Welfare): An Analysis of Post-Kelo, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications

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The Mighty Myths of Kelo, John R. Nolon
Elisabeth Haub School of Law Faculty Publications

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Adding Colors to the Chameleon: Why the Supreme Court Should Adopt a New Compelling Governmental Interest Test for Race-Preference Student Assignment Plans, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications

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United States v. Scott: Should a Pre-Trial Releasee Be Subject to Fourth Amendment Searches and Seizures Based on Probable Cause or Reasonable Suspicion?, Gina M. Muccio
Pace Law Review

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Environmentalism and the Wisconsin Constitution, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications

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Introduction to The Imperial Presidency and the Consequences of 9/11, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications

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An Empirical Analysis of the Confirmation Hearings of the Justices of the Rehnquist Natural Court, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications

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2006

Why Health Courts Are Unconstitutional, Amy Widman
Pace Law Review

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The Phantom Philosophy? An Empirical Investigation of Legal Interpretation, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications

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The Dubitante Opinion, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications

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Legal Standing for Animals and Advocates, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications

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"Can You Hear Me Now?": Expectations of Privacy, False Friends, and the Perils of Speaking Under the Supreme Court's Fourth Amendment Jurisprudence, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications

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The Cost of Good Intentions: Why the Supreme Court's Decision Upholding Affirmative Action Admission Programs is Detrimental to the Cause, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications

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Reflections on Brady v. Maryland, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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2005

Fallout from Kelo: Ruling Spurs Legislative Proposals to Limit Takings, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications

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'Takings' Clarified: U.S. Supreme Court Provides Clear Direction, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications

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Despite Alarmists, 'Kelo' Decision Protects Property Owners and Serves the General Good, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications

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Court Reviews: The Takings Doctrine and Exactions, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications

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Prosecutorial Ethics and Victims' Rights: The Prosecutor's Duty of Neutrality, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Back to Bakke: Defining the Strict Scrutiny Test for Affirmative Action Policies Aimed at Achieving Diversity in the Classroom, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications

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2004

The Law of Words: Standing, Environment, and Other Contested Terms, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications

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Harnessing the Treaty Power in Support of Environmental Regulation of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications

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2003

Exacting Tests: Determining When a Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications

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Two Sides of a "Sargasso Sea": Successive Prosecution for the "Same Offence" in the United States and the United Kingdom, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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The Debate Over War Powers, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications

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The Takings Clause and the Separation of Powers: An Essay, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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2002

The Legality and Constitutionality of the President's Authority to Initiate an Invasion of Iraq, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications

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2001

Supreme Court Takes a Look at Takings, John R. Nolon
Elisabeth Haub School of Law Faculty Publications

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The South Won't Rise Again But It's Time to Study the Defunct Confederacy's Constitution, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications

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The Correction of Wrongful Convictions: A Comparative Perspective, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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The Supreme Court 2000 Term--Leading Cases, Good News Club v. Milford Central School, 121 S. Ct. 2093 (2001), Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications

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2000

The Second Amendment: Structure, History, and Constitutional Change, David S. Yassky
Elisabeth Haub School of Law Faculty Publications

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Burdening Constitutional Rights: The Supreme Court's License to Prosecutors, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Use of Race in "Stop-and-Frisk": Stereotypical Beliefs Linger, But How Far can the Police Go?, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Panelist (Symposium: The Second Amendment), David S. Yassky
Elisabeth Haub School of Law Faculty Publications

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The Voting Rights Act and the "New and Improved" Intent Test: Old Wine in New Bottles, Randolph M. McLaughlin
Elisabeth Haub School of Law Faculty Publications

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What Do You Do When You Meet a "Walking Violation of the Sixth Amendment" If You're Trying to Put That Lawyer's Client in Jail?, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications

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The Standing of Citizens to Enforce Against Violations of Environmental Statutes in the United States, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications

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1999

The Sound of Silence: The Supreme Court and the Second Amendment - A Response to Professor Kopel, David S. Yassky
Elisabeth Haub School of Law Faculty Publications

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1998

Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1997

Hopwood v. Texas: Strict in Theory or Fatal in Fact, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications

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1996

The Term Limits Case, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Squaring Affirmative Action Admissions Policies with Federal Judicial Guidelines: A Model for the Twenty-First Century, Leslie Y. Garfield
Elisabeth Haub School of Law Faculty Publications

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Defensively Invoking Treaties in American Courts--Jurisdictional Challenges Under the U.N. Drug Trafficking Convention by Foreign Defendants Kidnapped Abroad by U.S. Agents, Thomas Michael McDonnell
Elisabeth Haub School of Law Faculty Publications

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The Promise of State Constitutionalism: Can it Be Fulfilled in Shef v. O'Neill?, Gayl S. Westerman
Elisabeth Haub School of Law Faculty Publications

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Takings and Property Rights Legislation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications

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1994

Queer Intersectionality and the Failure of Recent Lesbian and Gay "Victories", Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications

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The Gate is Open but the Door is Locked - Habeas Corpus and Harmless Error, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Operation Rescue Versus a Woman's Right to Choose: A Conflict Without a Federal Remedy?, Randolph M. McLaughlin
Elisabeth Haub School of Law Faculty Publications

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1993

"Taking" the Imperial Judiciary Seriously: Segmenting Property Interests and Judicial Revision of Legislative Judgments, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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Evolving Thresholds of Nuisance and the Takings Clause, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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1992

Footprints in the Shifting Sands of the Isle of Palms: A Practical Analysis of Regulatory Takings Cases, John R. Nolon
Elisabeth Haub School of Law Faculty Publications

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Private Property Investment, Lucas and the Fairness Doctrine, John R. Nolon
Elisabeth Haub School of Law Faculty Publications

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What is Behind the "Property Rights" Debate?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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Chisom v. Roemer: Where Do We Go from Here?, Randolph M. McLaughlin
Elisabeth Haub School of Law Faculty Publications

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1991

Eras of the First Amendment, David S. Yassky
Elisabeth Haub School of Law Faculty Publications

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Justice Brennan and the First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications

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1990

Gideon v. Wainwright Revisited: What Does the Right to Counsel Guarantee Today? Foreword, Michael B. Mushlin
Pace Law Review

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Gideon v. Wainwright Revisited: What Does the Right to Counsel Guarantee Today?, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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1989

The Right to Evidence, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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SLAPP Suits: A Slap at the First Amendment, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications

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A Two-Tiered Theory of Consolidation and Separation of Powers, David S. Yassky
Elisabeth Haub School of Law Faculty Publications

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1988

The Prosecutor as "Minister of Justice", Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1987

Constitutional Limits on the Power to Take Private Property: Public Purpose and Public Use, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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Economic Due Process and the Takings Clause, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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1986

Whose Right Is It Anyway?: Rethinking Competency to Stand Trial in Light of the Synthetically Sane Insanity Defendant, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications

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Attorney Loyalty and Client Perjury - A Postscript to Nix v. Whiteside, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1985

Commentary, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications

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"We the People": John Locke, Collective Constitutional Rights, and Standing to Challenge Government Action, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications

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1984

Curtailment of Early Election Predictions: Can We Predict the Outcome?, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications

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Rethinking Selective Enforcement in the First Amendment Context, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications

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1983

Toward a Common Law for Undercover Investigations - A Book Review of ABSCAM Ethics: Moral Issues and Deception in Law Enforcement, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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"The Right of the People": Reconciling Collective and Individual Interests Under the Fourth Amendment, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications

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1982

A Unifying Theory for the Just-Compensation Cases: Takings, Regulation and Public Use, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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Pass in Review: Due Process and Judicial Scrutiny of Classification Decisions of the Selective Service System, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications

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Abscam, the Judiciary, and the Ethics of Entrapment, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Entrapment, Shocked Consciences, and the Staged Arrest, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1980

Harmless Error: Constitutional Sneak Thief, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications

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1978

Review of Private Property and the Constitution by Bruce Ackerman, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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1973

Laird v. Tatum: The Supreme Court and a First Amendment Challenge to Military Surveillance of Lawful Civilian Political Activity, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications

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