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Touro Law Review

Touro Law Review

Annual New York State Constitutional Issue

Prefatory Matter

Table of Contents

First Amendment

Neutral Discrimination – Selective Enforcement of Religiously Neutral Laws and the First Amendment
Jeffrey Gautsche

Defining the Line between Constitutionally Protected Speech and True Threats: Can I Be Arrested for Being Annoying?
Allison E. Dolzani

Second Amendment

The Cost to Carry: New York State’s Regulation on Firearm Registration
David D. Pelaez

Fourth Amendment

Seize First, Search Later: The Hunt for Digital Evidence
Paige Bartholomew

Search and Seizures: Constitutionally Protected or Discretionary Police Work?
Jaren Fernan

Interpreting Search Incident to Arrest in New York: Past, Present, and Future
Jacqueline Iaquinta

Justification for Police Intrusions
Corey Rashkover

Fifth Amendment

Double Jeopardy: A Resentencing Game
Deirdre Cicciaro

Self-Incrimination: Are Underlying Questions about a Pending Conviction on Appeal a Violation of a Defendant's Fifth Amendment Privilege Against Self-Incrimination?
MacDonald R. Drane IV

Putting the Cat Back in the Bag: Involuntary Confessions and Self-Incrimination
Joseph A. Iemma

Sixth Amendment

You Blew It: The Confrontation Clause & Breathalyzers as Testimonial Evidence
Stephanie Tuorto

Not So Fast: I Have Been Deprived of My Right to Counsel
Elias Arroyo

Due Process

Equal Protection and the Gifted and Talented Program
Deirdre Cicciaro

Disparity in Police Procedures for Non-English Speaking DWI Suspects: Constitutional Protections for Non-English Speaking Criminal Defendants Falling Second to Governmental Interests
Daniela Giordano

Eighth Amendment

The Eighth Amendment’s Excessive Fines Clause and the Artist
James L. Lyons

Ex Post Facto

Retroactive Change in the Law to Punish a Defendant
George Schoenwaelder

First Amendment

Neutral Discrimination – Selective Enforcement of Religiously Neutral Laws and the First Amendment
Jeffrey Gautsche

Defining the Line between Constitutionally Protected Speech and True Threats: Can I Be Arrested for Being Annoying?
Allison E. Dolzani

Fourth Amendment

Seize First, Search Later: The Hunt for Digital Evidence
Paige Bartholomew

Search and Seizures: Constitutionally Protected or Discretionary Police Work?
Jaren Fernan

Interpreting Search Incident to Arrest in New York: Past, Present, and Future
Jacqueline Iaquinta

Justification for Police Intrusions
Corey Rashkover

Fifth Amendment

Double Jeopardy: A Resentencing Game
Deirdre Cicciaro

Self-Incrimination: Are Underlying Questions about a Pending Conviction on Appeal a Violation of a Defendant's Fifth Amendment Privilege Against Self-Incrimination?
MacDonald R. Drane IV

Putting the Cat Back in the Bag: Involuntary Confessions and Self-Incrimination
Joseph A. Iemma

Photographic Identification

Evidentiary Use of Photographic Identification: Is It Time for New York to Reevaluate Its Singular Exception?
Daniela Giordano

Second Amendment

The Cost to Carry: New York State’s Regulation on Firearm Registration
David D. Pelaez

Sixth Amendment

You Blew It: The Confrontation Clause & Breathalyzers as Testimonial Evidence
Stephanie Tuorto

Not So Fast: I Have Been Deprived of My Right to Counsel
Elias Arroyo

Statutory Interpretation

Determining the Extent of the Work for Hire Doctrine and Its Effect on Termination Rights
Allison E. Dolzani

The Supreme Court’s Heightened Retaliation Standard in Nassar: A Prudent Limitation or a Misguided Restriction to Title VII Claims?
Darren Stakey